HomeMy WebLinkAbout2.0 Supplemental ApplicationTITLE COMPANY
of the rockies
1620 Grand Avenue
Bldg Main Floor 1
Glenwood Springs, CO 81601
Phone: 970-945-1169 Fax: 844-269-2759
www.titlecorockies.com
Commitment Ordered By:
Inquiries should be directed to:
Nevada Hunter
Title Company of the Rockies
1620 Grand Avenue
Bldg Main Floor 1
Glenwood Springs, CO 81601
Phone: 970-945-1169 Fax: 844-269-2759
email: NHunter@titlecorockies.com
Commitment Number:
Buyer's Name(s):
Seller's Name(s):
0602628 - C3
George T. Pucak and Carol J. Pucak
BAR W, LLC, a Colorado limited liability company
Property: 480 Stagecoach Lane, Carbondale, CO 81601
Subdivision: ROARING FK RNC PH 5 AMD L11&12 Lot: 12, Garfield County, Colorado
TITLE CHARGES
These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the
proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto.
If applicable, the designation of "Buyer" and "Sellef' shown below may be based on traditional settlement practices in Garfield County, Colorado,
and/or certain terms of any contract, or other information provided with the Application for Title Insurance.
Owner's Policy Premium:
Loan Policy Premium:
Additional Lender Charge(s):
Additional Other Charge(s):
Tax Certificate:
Total Endorsement Charge(s):
TBD Charge(s):
$300.00
$0.00
$25.00
$75.00
TOTAL CHARGES: $400.00
Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties)
Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park (Closing Services available in Aspen and Glenwood Springs).
WESTCOR
LAND TITLE INSURANCE COMPANY
ALTA Commitment For Title Insurance
(Adopted 06-17-06) (Revised 08-01-2016)
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
NOTICE
IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE
TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY
INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN
CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE,
LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE.
THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE,
INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE
PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO
EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A
PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND
PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION
INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment
Conditions, WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina Corporation (the
"Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This
Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in
Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the
Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I -Requirements have not been met within six (6) months after the Commitment
Date, this Commitment terminates and the Company's liability and obligation end.
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate
name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its
by-laws, effective as of the date of Commitment shown in Schedule A.
Issued By:
TITLE COMPANY
of the rockies
The Title Company of the Rockies
1620 Grand Avenue Bldg Main, Floor 1
Glenwood Springs, CO 81601
Phone: 970-945-1169
WESTCOR LAND TITLE INSURANCE COMPANY
By:
. 9,,2- Attest:
Aizcvw 6 PatAKAA
CM -2 (ALTA Commitment for Title Insurance (6-17-06)
(WLTIC Edition (9/26/07)
CONDITIONS
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 acquired 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 knowledgeto the 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
Commitmentaccordingly, 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 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< http://www. alta.orgh.
Westcor Land Title Insurance Company
Joint Notice of Privacy Policy
of
Westcor Land Title Insurance Company
and
The Title Company of the Rockies
Westcor Land Title Insurance Company ("WLTIC") and The Title Company of the Rockies value their customers and are
committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a
Privacy Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you
about the measures WLTIC and The Title Company of the Rockies take to safeguard that information. This notice is issued
jointly as a means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is
separately instituted, executed, and maintained.
Who is Covered
We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that
the Privacy Policy is provided to the customer at the closing of the real estate transaction.
Information Collected
In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal
information directly from the customer, from customer -related transactions, or from third parties such as our title insurance
agent, lenders, appraisers, surveyors and other similar entities.
Access to Information
Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their
jobs. These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and
administration and accounting.
Information Sharing
Generally, neither WLTIC nor The Title Company of the Rockies shares nonpublic personal information that it collects with
anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance
policy as requested by the consumer. WLTIC or The Title Company of the Rockies may share nonpublic personal information
as permitted by law with entities with whom WLTIC or The Title Company of the Rockies has a joint marketing agreement.
Entities with whom WLTIC or The Title Company of the Rockies have a joint marketing agreement have agreed to protect the
privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and
The Title Company of the Rockies use to protect this information and to use the information for lawful purposes. WLTIC or
The Title Company of the Rockies , however, may share information as required by law in response to a subpoena, to a
government regulatory agency or to prevent fraud.
Information Security
WLTIC and The Title Company of the Rockies, at all times, strive to maintain the confidentiality and integrity of the personal
information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical,
electronic and procedural safeguards in compliance with federal standards to protect that information.
The WLTIC Privacy Policy can be found on WLTIC's website at www.wltic.com
COMMITMENT FOR TITLE INSURANCE
Issued by
NI TITLE COMPANY
of the rcckies
as agent for
Westcor Land Title Insurance Company
SCHEDULE A
Reference: Commitment Number: 0602628 - C3
1. Effective Date: June 24, 2020, 7:00 am
2. Policy (or Policies) to be issued:
ALTA Owner's Policy (6-17-06)
Issue Date: July 06, 2020
Policy Amount: $125,000.00
Premium: $400.00
Proposed Insured: George T. Pucak and Carol J. Pucak
3. The estate or interest in the land described or referred to in this Commitment is Fee Simple.
4. The Title is, at the Commitment Date, vested in:
BAR W, LLC, a Colorado limited liability company
5. The land referred to in this Commitment is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
For Informational Purposes Only - APN: R011707
By:
Countersigned
The Title Company of the Rockies
Susan Sarver
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part
I -Requirements; and Schedule B, Part II -Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) 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.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule A
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Page 1
Commitment No: 0602628 - C3
SCHEDULE A (continued)
LEGAL DESCRIPTION
The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows:
Lot 12,
AMENDED PLAT OF LOTS 11 AND 12, ROARING FORK RANCH PHASE V (Residential Parcel No. V),
ccording to the Plat recorded April 20, 1988 at Reception No. 391345.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part
I -Requirements; and Schedule B, Part II -Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) 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.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule A
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MAIMS 1016141
Page 2
Commitment No: 0602628 - C3
COMMITMENT FOR TITLE INSURANCE
Issued by
Westcor Land Title Insurance Company
SCHEDULE B, PART I
Requirements
The following are the requirements to be complied with prior to the issuance of said policy or policies. Any
other instrument recorded subsequent to the effective date hereof may appear as an exception under
Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office
of the clerk and recorded of the county in which said property is located.
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to
in this Commitment who will obtain an interest in the Land or who will make a loan on the Land.
The Company may then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured,
or both, must be properly authorized, executed, delivered, and recorded in the Public Records.
5. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments
levied by the Homeowners Association have been paid through the date of closing.
NOTE: Please be advised that our search did not disclose any open Deeds of Trust of record.
If you should have knowledge of any outstanding obligation, please contact the Title
Department immediately for further review prior to closing.
6. Resolution or Statement of Authority by Bar W, LLC, a Colorado limited liability company,
authorizing the transaction, executed by the managers or members set forth in the Operating
Agreement.
NOTE: Review Operating Agreement for authority of party(ies) to act on behalf of said limited
liability company and complete the transaction contemplated herein.
NOTE: Statement of Authority for Bar W, LLC, a Colorado limited liability company, recorded
September 4, 2019 at Reception No. 925045, discloses that the names and addresses of the
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part
I -Requirements; and Schedule B, Part II -Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) 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.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part I
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Page 3
Commitment No: 0602628 - C3
manager(s) or member(s) authorized to act on behalf of the limited liability company are as follows:
Don Cadden, Pamela Cook and Don Wylie, Manages - 47130 South Highway 18, Alpine, TX
79830.
7. Deed from BAR W, LLC, a Colorado limited liability company to George T. Pucak and Carol J.
Pucak.
NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee,
to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288 -CRA
39-14-102.
The Owner's Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4 provided that:
(A) The enclosed form, of indemnity agreement or final affidavit and agreement is properly
executed and acknowledged by the party(ies) indicated and returned to the Company or its
duly authorized agent, and
(B) The applicable scheduled charges in the amount of $75.00, are paid to the Company or
its duly authorized agent.
24 -month Chain of Title: The only conveyance(s) affecting said land recorded within the 24
months preceding the date of this commitment is (are) as follows:
WARRANTY DEED recorded October 7, 2019 at Reception No. 926486.
TRUSTEE'S DEED recorded January 8, 2018 at Reception No. 902024.
NOTE: If no conveyances were found in that 24 month period, the last recorded conveyance is
reported. If the subject land is a lot in a subdivision plat less than 24 months old, only the
conveyances subsequent to the plat are reported.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part
I -Requirements; and Schedule B, Part II -Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) 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.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part I - continued
AM k RFCAN
Page 4
Commitment No: 0602628 - C3
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION,
OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT
TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR
LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION,
SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR
NATIONAL ORIGIN.
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the
same are disposed of to the satisfaction of the Company.
Any loss or damage, including attorney fees, by reason of the matters shown below:
1. Any facts, right, interests, or claims which are not shown by the Public Records but which could
be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof.
2. Easements or claims of easements, 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.
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. Reservations and exceptions contained in U.S. Patents, or in Acts authorizing issuance thereof,
recorded April 25, 1904 in Book 56 at Page 496 at Reception No. 29353, reserving 1) Rights of
the proprietor of a vein or lode to extract and remove his ore therefrom and 2) Rights of way for
ditches and canals constructed under the authority of the United States.
8. Intentionally Deleted.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part
I -Requirements; and Schedule B, Part II -Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) 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.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part II
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MAIMS 1016141
Page 5
Commitment No: 0602628 - C3
9. Intentionally Deleted.
10. Easements and right of way for sewer system and water system as granted to Ranch at Roaring
Fork Homeowners Association, Inc. by deed recorded July 12, 1973 in Book 447 at Page 140 at
Reception No. 259141.
11. All matters as shown on the Final Plat of Roaring Fork Ranch, Phase III, recorded July 12, 1973 at
Reception No. 259145.
12. Easements for utilities, power lines, ditches and water and sewer, lakes, ponds and ditches as
reserved and shown on the Condominium Map recorded October 23, 1973 at Reception No.
260426.
13. All matters as shown on the Plat of Ranch at Raring Fork Phase V, Final Plat (Residential Parcel
V) recorded July 7, 1976 at Reception No. 273384, Amended Plat of Lots 11 & 12, recorded April
20, 1988 at Reception No. 391345.
14. Restrictive Covenants, which do not contain a forfeiture or reverter clause, but omitting any
covenant or restriction based on race, color, religion, sex, handicap, familial status or national
origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section
3607 of the United States Code or (b) relates to handicap but does not discriminate against
handicapped persons, as contained in Declaration of Establishment of Covenants, Conditions,
Limitations Restrictions recorded October 23, 1973 in Book 451 at Page 48, Amendment recorded
October 26, 1977, in Book 502 at Page 82 and as amended in instrument recorded June 08, 1980,
in Book 551 at Page 429, Second Amendment recorded August 7, 1985 in Book 673 at Page 586,
Amendment to the Second Amendment recorded December 18, 2001 in Book 1312 at Page 868,
Amendment to the Amendment recorded December 18, 2001 in Book 1312 at Page 877, First
Amendment to the Second Amended Declaration recorded January 9, 2013, at Reception No.
829676, and any and all Amendments and Supplements thereof.
15. Supplementary Declaration of Establishment of Covenants, Conditions, Limitations Restrictions,
Reservations, Liens and Charges for Ranch at Roaring Fork Residential Parcel No. V, recorded
July 7, 1976 in Book 486 at Page 497 at Reception No. 273385, Supplementary Declaration of
Annexation of Property in Phase V Ranch at Roaring Fork, Intentionally Deleted, and any and all
Amendments and Supplements thereof.
16. Agreement for Water and Sewer Easement and Approval for Selection of Color for Improvements,
recorded October 27, 1995 in Book 957 at Page 131 at Reception No. 484804, Easement
Relocation recorded October 12, 2000 in Book 1212 at Page 266 at Reception No. 570740, Sewer
Connection main Agreement recorded October 4, 1999 in Book 1153 at Page 666 at Reception No.
553171.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part
I -Requirements; and Schedule B, Part II -Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) 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.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part II - continued
Page 6
Commitment No: 0602628 - C3
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule 8, Part
I -Requirements; and Schedule 8, Part II -Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) 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.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule 8 - Part II - continued
Page 7
Commitment No: 0602628 - C3
DISCLOSURE STATEMENTS
Note 1: 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. " (Gap Protection)
Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to
be issued hereunder upon compliance with the following conditions:
1. The Land described in Schedule A of this commitment must be a single-family residence, which includes
a condominium or townhouse unit.
2. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction
on the Land described in Schedule A of this Commitment within the past 13 months.
3. The Company must receive an appropriate affidavit indemnifying the Company against unfiled
mechanic's and materialmen's liens.
4. Any deviation from conditions A though C above is subject to such additional requirements or
Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the
exception.
5. Payment of the premium for said coverage.
Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.:
(i) The subject real property may be located in a special taxing district;
(ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or
the County Treasurer's authorized agent; and
(iii) Information regarding special districts and the boundaries of such districts may be obtained from the
County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with
the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding).
Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given:
(a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate then 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 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or
filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom
margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not
conform.
Note 7: Our Privacy Policy:
We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we
have been authorized by the customer, or are required by law.
Note 8: Records:
Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records
sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not
less than seven (7) years, except as otherwise permitted by law.
Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that "A title entity shall not earn interest on
fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned.
Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any
administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be
made at any time up to and including closing. "
Page 8
Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional
services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for
such purpose(s).
Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional
service may exceed any such interest earned.
Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if
applicable (e.g., any money over any administrative fees involved in figuring the amounts earned).
Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that "Until a title entity receives written
instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with
the following:
1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a
fiduciary capacity.
2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction
as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise
provided in this section. If the transaction does not close, the title entity shall:
(a) Release the earnest money funds as directed by written instructions signed by both the buyer and
seller; or
(b) If acceptable written instructions are not received, uncontested funds shall be held by the title entity
for 180 days from the scheduled date of closing, after which the title entity shall return said funds to
the payor.
3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any
termination of the contract), the title entity shall not be required to take any action unless and until such
controversy is resolved. At its option and discretion, the title entity may:
(a) Await any proceeding; or
(b) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court
costs and reasonable attorney and legal fees; or
(c) Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons
and complaint or claim (between buyer and seller), containing the case number of the lawsuit or
lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall
return the funds to the depositing party. "
Page 9
Commitment No: 0602628 - C3
Title Company of the Rockies
Disclosures
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 will refuse
to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S.
30-10-406(3)(a).
The company will not issue its policy or policies of title insurance contemplated by this commitment until it has
been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the
County Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing
to the contrary. Pursuant to C.R.S. 10-11-122.
No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as
a part of such services until those funds have been received and are available for immediate withdrawals as a matter
of right. Pursuant to C.R.S. 38-35-125(2).
The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that
the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so,
there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or
geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property
without the surface owner's permission. Pursuant to C.R.S. 10-11-123.
If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with
the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5.
Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes
due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's
authorized agent. 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. Pursuant to C.R.S.
10-11-122.
Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2;
"Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal
documents resulting from the transaction, the Company shall be responsible for all matters which appear on the
record prior to such time or recording or filing; and
"Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's
lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject
of construction, improvements or repairs in the last six months prior to the date of this commitment, the
requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by
the seller. If the property being purchased was constructed, improved or repaired within six months prior to the
date of this commitment the requirements may involve disclosure of certain financial information, payment of
premiums, and indemnity, among others. The general requirements stated above are subject to revision and
approval by the Company. Pursuant to C.R.S. 10-11-122.
Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the
transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1.
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.
Page 10
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TOGETHER with all its appurtenances.
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ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY
WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY
DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
W E
0 10 20' 30' 40'
SCALE: 1"=20'
Loi fO
PUCAK
FINAL PLAT AMENDMENT
LOTS 11 & 12, ROARING FORK RANCH PHASE V
STAGECOACH
\\ LANE
SINGLE -STORY FRAME HOUSE
GARFIELD COUNTY, COLORADO
LOT /2
„c.
19606 SF #/—
LOT 11
18354 SF t/—
CURVE DELTA ANGLE
C I 34°23'22"
C 2 34°22'32”
LINE
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BEARING
N 60° I5' 15"W
RADIUS
40.00'
40.00'
m
N 90°00.00"W
LOT LINE TO BE VACATED
S 90° 00' 00"W
EASEMENT
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24.01' 12.38' 23.65' N 85°04'24"E
24.00' 12.37' 23.64' N 50°41'14"E
DISTANCE
15.00'
54.67'
70.00'
LEGEND AND NOTES
• FOUND REBAR & CAP MARKED PE & LS 5933
0 FOUND REBAR & CAP MARKED PLS 14111
THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY LINES IN SPACE OR SYDNEY LINCICOME TO DETERMINE
OWNERSHIP OR EASEMENTS OF RECORD. ALL INFORMATION SHOWN HEREON REGARDING EASEMENTS AND
OTHER ENCUMBRANCES OF RECORD WAS OBTAINED FROM. AND SUBJECT TO A TITLE INSURANCE COMMITMENT
PROVIDED BY TITLE COMPANY OF THE ROCKIES. ORDER NO. 0602628-C3. DATED 06/24/2020
CERTIFICATE OF DEDICATION AND OWNERSHIP
THE UNDERSIGNED. CAROL J. PUCAK & GEORGE T. PUCAK.
BEING SOLE OWNERS IN FEE SIMPLE OF ALL THAT
REAL PROPERTY SITUATED IN GARFIELD COUNTY. DESCRIBED AS FOLLOWS:
LOTS 11 AND 12. AMENDED PLAT OF LOTS 11 AND 12. ROARING FORK
RANCH PHASE V (RESIDENTIAL PACEL NO. V). GARFIELD COUNTY.
COLORADO. RECORDED APRIL 20. 1988 AT RECEPTION NO. 391345.
HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED. LAID OUT.
PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS
FINAL PLAT UNDER THE NAME AND STYLE OF "PUCAK FINAL PLAT AMENDMENT"
AND DO HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS
SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC
FOREVER. AND HEREBY DEDICATE TO THE PUBLIC UTILITIES THOSE
PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY
EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS
FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES. IRRIGATION
AND DRAINAGE FACILITIES INCLUDING. BUT NOT LIMITED TO. ELECTRIC
LINES. GAS LINES AND TELEPHONE LINES. TOGETHER WITH THE RIGHT
TO TRIM INTERFERING TREES AND BRUSH. WITH PERPETUAL RIGHT OF
INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH
LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A
REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET
PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLERS OR
PURCHASER. NOT BY THE COUNTY OF GARFIELD.
EXECUTED THIS DAY OF A.D.. 20_
OWNER: CAROL J. PUCAK
ADDRESS: 0478 STAGECOACH LANE
CARBONDALE. CO. 81623
STATE OF COLORADO )
)SS.
COUNTY OF GARFIELD)
OWNER: GEORGE T. PUCAK
ADDRESS: 0478 STAGECOACH LANE
CARBONDALE. CO. 81623
THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED
BEFORE ME THIS DAY OF A.D.. 20_ BY CAROL J. PUCAK
AND GEORGE T. PUCAK.
MY COMMISSION EXPIRES:
WITNESS MY HAND AND SEAL
VICINITY MAP
SCALE: 1"= 2000'
VICINITY MAP TO BE AFFIXED AT TIME OF RECORDING
SEC.31, T.7 S., R.87 W., 6th P.M.
ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY
WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY
DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
THE PURPOSE OF THIS PLAT AMENDMENT IS TO ELIMINATE THE LOT LINE CREATED BY THE AMENDED PLAT OF LOTS II & 12.
RECORDED APRIL 20. 1988 AT RECEPTION NO. 391345 AND RESTORE LOTS 11 & 12 TO THEIR ORIGINAL CONFIGURATION AS
SHOWN ON THE PLAT OF RANCH AT ROARING FORK PHASE V. FINAL PLAT (RESIDENTIAL PARCEL V) RECORDED JULT 7. 1976
AT RECEPTION NO. 273384.
ALL RECORDED EASEMENTS ARE SHOWN ON THIS PLAT.
•
COUNTY COMMISSIONER'S CERTIFICATE:
Based upon the review and recommendation of Garfield County Director of
CommunityDevelopment. the Board of County Commissioners of Garfield
County. olorado. hereby approves this Amended Final Plat this day of
A.D.. 20 for filing with the Clerk and Recorder of Garfield
County and for conveyance to the County of the public dedications shown
hereon. subject to the provisions that approval in no way obligates Garfield
County for the financing or construction of improvements on lands. public roads.
highways or easements dedicated to the public. except as specifically agreed to
by the Board of County Commissioners by subsequent resolution. This approval shall
in no way obligate Garfield County for the construction. repair or maintenance of
public roads. highways or any other public dedications shown hereon.
Chairman. Board of County Commissioners
Garfield County Colorado
Witness my hand and seal of the County of Garfield.
Attest:
County Clerk
COUNTY SURVEYOR'S CERTIFICATE
Approved for content and form only and not the accuracy of surveys.
calculations or drafting pursuant to C.R.S. 38-51-101 and 102 et seq.
DATED this day of A.D.. 20
By Garfield County Surveyor
TITLE CERTIFICATE
1 an attorney licensed to
practice law in the State of Colorado. or agent authorized by a title
Insurance company. do hereby certify that I have examined the Title to
all lands shown upon this Plat and that Title to such land is vested in
free and
clear of all liens and encumbrances (including mortgages. deeds of
trust. judgments. easements. contracts and agreements of record
affecting the real property in this Plat). except for a United States
Department of Treasury. Internal Revenue Service. Certificate of Federal
Tax Lien recorded September 6. 2011 and recorded at Reception No. 807744.
such line being amended by a Certificate of Release of Federal Tax Lien
recored April 8. 2019 at Reception No. 918973.
DATED this day of A.D.. 20
Attorney
CERTIFICATE OF TAXES PAID
I. the undersigned. do hereby certify that the entire amount of taxes
and assessments due and payable as of
upon all parcels of real estate described on this Plat are paid in full.
DATED this day of A.D.. 20
Treasurer of Garfield County
SURVEYOR'S CERTIFICATE
I. Sydney Lincicome. do hereby certify that I am a Professional Land Surveyor
licensed under the laws of the State of Colorado. that this Plat is a true.
correct and complete Plat of the Pucak Final Plat Amendment
as laid out. platted. dedicated and shown
hereon. that such Plat was made from an accurate survey of said property by
me. or under my supervision. and correctly shows the location and dimensions of
the lots. easements and streets of said Amended Final Plat as the same are
staked upon the ground in compliance with applicable regulations governing the
subdivision of land.
In witness whereof. I have set my hand and seal this day of
A.D.. 20
Sydney Lincicome
Lines in Spave
67 Glenwood Avenue
Carbondale. Co. 81623c
P.L.S. 14111
CLERK AND RECORDER'S CERTIFICATE
This Plat was filed for record in the Office of the Clerk and Recorder of Garfield
County. Colorado. at o'clock. M. on this day
of A.D.. 20 and is duly recorded as Reception No.
Clerk and Recorder
BY:
Deputy
PUCAK
•
PUCAK FINAL PLAT AMENDMENT
LOTS 11 & 12. ROARING FORK RANCH
PHASE V. GARFIELD COUNTY. CO.
BY. LINES IN SPACE
SYDNEY LINCICOME (L. S. /4 / / / )
67 GLENWOOD AVE CARBONDALE. CO. 970-963-3852
DATE: 09/23/2020 SCALE: l" = 20' JOB NO.: 20-05
C:IGeneral CADD 81Gxdlpucak.gxd -- 09/29/2020 -- 11:06 AM -- Scale 1 : 240.000
Prepared
for:
II TITLE COMPANY
of the rockies
1620 Grand Avenue Bldg Main, Floor 1
Glenwood Springs, CO 81601
Phone: 970-945-1169 Fax:
www.titlecorockies.com
OWNERSHIP & ENCUMBRANCE REPORT
Carol Pucak Real Estate
Attn: Carol Pucak
0478 Stagecoach Lane
Carbondale, CO 81623
Date: October 1, 2020
Order: 0602905 - OE
Ref:
PROPERTY IDENTIFICATION AND OWNERSHIP
Legal Description:
Lot 11,
AMENDED PLAT OF LOTS 11 AND 12, ROARING FORK RANCH PHASE V
(Residential Parcel No. V), ccording to the Plat recorded April 20, 1988 at
Reception No. 391345.
Property Address: 478 Stagecoach Lane, Carbondale, CO 81623
Schedule/Parcel #: R011707
Owner's Name(s): George T. Pucak and Carol J. Pucak
County: Garfield, Colorado
TITLE ABSTRACT
No Liens of Record Found.
FOR INFORMATIONAL PURPOSES ONLY:
QUIT CLAIM DEED recorded November 13, 2018 as Reception No. 914039.
SCRIVENER'S ERROR AFFIDAVIT recorded September 12, 2016 as Reception No. 882223.
QUIT CLAIM DEED recorded January 21, 2005 as Reception No. 667384.
Nothing Further of Record
Note: This report covers Garfield County, Colorado Real Estate Records
Through September 24, 2020.
Disclaimer: This report reflects the results of a search of the county records posted to the above described real estate only, and does
not necessarily reflect involuntary liens or other matters which might be disclosed by a search on the individual owner's or other names
shown hereinabove. The Title Company of the Rockies makes no warranty regarding the accuracy of the information herein provided,
and further, shall not be liable for any loss incurred by reason of the information reported in this report.
THE DOCUMENTS INCLUDED WITH THIS REPORT ARE THE BEST COPIES AVAILABLE
Se ViCe Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties)
Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs).