HomeMy WebLinkAboutINNOVATION ISLAND, FIRST FILING - PDP - 40-05A - SUBMITTAL DOCUMENTS - ROUND 1 - CORRESPONDENCE10/05/2005 10:05:41 mofJNL
File No.: 50064875, Amend. No. 1
Form No. 1344-B2 (CO-88)
ALTA Plain Language Commitment
SCHEDULE B — Section 2
Exceptions (Continued)
10/05/2005 10:05:41 mof JNL File No.: S0064875, Amend. No. 1
Form No. 1344-132 (CO-88)
ALTA Plain Language Commitment
SCHEDULE B — Section 2
Exceptions
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction:
l . Taxes and Assessments not certified to the Treasurer's Office.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easements, not shown by public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the land would disclose, and which are not shown by the public records.
5. 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.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any water rights or claims or title to water, in, on or under the land.
S. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate
or intersect the premises thereby granted as reserved in United States patent recorded October 3, 1914 in
Book 238 at Page 260; and any and all assignments thereof or interest therein.
9. Terms, conditions, provisions, agreements and obligations specified under the Quit Claim Deed by and
between Poudre Valley Rural Electric Association, Inc., a corporation and Arapahoe Farm, Inc. recorded
Apri 1 1, 1992 at Reception No. 92017049.
10. Terms, conditions, provisions, agreements and obligations contained in the Temporary Easement
Dedication recorded July 27, 1999 at Reception No. 99066576.
11. The following items as shown on ALTA/ACSM Land Title Survey prepared by JR Engineering, dated
June 20, 2005, Job No. 39177.21, to -wit:
a. Encroachment of concrete sidewalk along the Northerly property lines of the land.
b. Encroachment of wood fence along the most Southwesterly property line of the land.
C. Gas Marker in Northwest corner of the land.
d. Sight Distance Easement in the Northeasterly corner of the land.
Exception(s) number(ed) 1 through 5 will not appear on the Owners' Policy, provided that the
Requirements shown in Schedule B-Section 1, hereof, are properly completed.
10/05/2005 10:05:41 mof JML File No.: S0064875, Amend. No. 1
Form No. 1344-B1 (CO-88)
ALTA Plain Language Commitment
SCHEDULE B — Section 1
Requirements
The following requirements must be met:
a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured.
b. Pay us the premiums, fees and charges for the policy.
C. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent.
d. Provide us the "Affidavit and Indemnity" signed by the parties listed in Paragraph 3, Schedule A of this
Commitment and notarized.
e. The following documents satisfactory to us must be signed, delivered and recorded:
Warranty Deed sufficient to convey the fee simple estate or interest in the land described or
referred to herein, to the Proposed Insured, Schedule A, Item 2(a).
f. The following material, which may not necessarily be recorded, must be furnished to the Company to its
satisfaction to -wit:
1. Furnish an Indemnity I in form, content and with a signatory or signatories acceptable to the
Company.
2. Intentionally Deleted
NOTE: 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 (NONRESIDENT WITHHOLDING).
•• 10/05/2005 10:05:41 mof JNZ File No.: S0064875, Amend. No.
Exhibit A
A tract of land located in the Southwest Quarter of Section 34, Township 7 North, Range 69 West of the 6°i
Principal Meridian, City of Fort Collins, County of Larimer, Colorado, being more particularly described as
follows:
Considering the West line of the Southwest Quarter of said Section 34 as bearing South 00' 10'44" East and with
all bearings contained herein relative thereto:
Commencing at the West Quarter comer of said Section 34; thence along the West line, South 00° 10'44" East,
464.35 feet; thence, North 89'49' 16" East, 90.00 feet to the East right-of-way line of Taft Hill Road, said point
being the POINT OF BEGINNING; thence along said East right-of-way line, North 00° 10'44" West, 289.00 feet
to the Southwest corner of the Fort Collins Water District Pump Station as recorded in Reception Number
91035902 of the records of said county; thence along the South and East lines thereof by the following two (2)
courses and distances, North 89°49' 16" East, 100.00 feet; thence, North 00'10'44" West, 112.16 feet to a point on
the South line of Harmony Road as recorded in Reception Number 91038084 of the records of said county; thence
along the Southwesterly lines thereof by the following two (2) courses and distances, said point being on a non -
tangent curve concave to the Southwest having a central angle of 12°26'48", a radius of 1760.76 feet, and the
chord of which bears South 80°41'59" East, 381.75 feet; thence along the are of said curve 382.50 feet to a
compound curve concave to the Southwest having a central angle of 19°59'02", a radius of 1015.00 feet, and the
chord of which bears South 64°29'04" East, 352.23 feet; thence along the arc of said curve 354.02 feet to a point
on the North line of The Overlook at Woodridge, P.U.D., Fourth Filing; thence along said North line by the
following four (4) courses and distances, South 35°30'27" West, 56.86 feet; thence South, 80°5l'00" West,
645.79 feet; thence, South 63°17'47" West, 86.91 feet; thence, South 89°49' 15" West, 45.11 feet to the point of
beginning,
County of Larimer, State of Colorado
• Security Title Guaranty Co.
343 W Drake Rd # 200
Fort Collins, CO 80526
Phone: (970) 226-1901
Fax: (970)226-4330
COMMITMENT
SCHEDULE A
Commitment No: S0064875, Amend. No. 1
1. Commitment Date: June 21, 2005 at 7:30 a.m.
2. Policy or Policies to be issued: Proposed Insured: Policy Amount
(a) Owner's Policy $ 500,000.00
Fort Collins Habitat for Humanity, Inc., a Colorado Nonprofit Corporation
3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by:
Western VII Investment, LLC, A Delaware limited liability company
4. The land referred to in this Commitment is described as follows:
See Exhibit A attached hereto and made a part hereof.
(for informational purposes only) tbd, Fort Collins, CO 80526
PREMIUM:
Owners Coverage $ 705.00 Tax Certificate $ 25.00
Form 110.1 -Del Exceptions -OP 60.00
10/05/2005 10:05:47 mof JNZ
10/05/2005 10:05:41 mof 1NZ
File No.: S0064875, Amend. No. 1
CONDITIONS
I. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument.
(b) "Public Records" means title records that give constructive notice of matters affecting the title according to state law where the
land is located.
(c) "Land" means the land or condominium unit described in Schedule A and any improvements on the land which are real
property.
2. LATER DEFECTS
The Exceptions in Schedule B — Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in
public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B —
Section 1 are met. We shall have no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show
them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below
unless you knew of this information and did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any
liability to you for any loss you incur because of an error in this Commitment our liability will be limited to your actual loss caused by
your relying on this Commitment when you acted in good faith to:
comply with the Requirements shown in Schedule B - Section 1 or
eliminate with our written consent any Exceptions shown in Schedule B - Section 2.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms
of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this
Commitment and is subject to its terms.
DISCLOSURES
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 of recording or filing.
MECHANIC'S LIEN PROTECTION
If you are a 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 repair 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 the revision and approval of the Company.
SPECIAL TAXING DISTRICT NOTICE
The subject land 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; and 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.
PRIVACY PROMISE FOR CUSTOMERS
We will not reveal nonpublic personal information to any external non-affiliated organization unless we have been authorized by the
customer, or are required by law.
CONSUMER DECLARATION STATEMENT
This Commitment for Title Insurance may include a Schedule B exception reference to recorded evidence that a mineral estate has been
severed, leased, or otherwise conveyed from the surface estate. If such reference is made, 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. The referenced mineral estate may
include the right to enter and use the property without the surface estate owner's permission. You may be able to obtain title insurance
coverage regarding any such referenced mineral estate severance and its affect upon your ownership. Ask your title company
representative for assistance with this issue.
r 10/05/2005 10:05:41 mofJNZ
File No.: S0064875, Amend. No. t
STANDARD
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
Security Title Guaranty Co.
AS AGENT FOR
First American Title Insurance Company
INFORMATION
The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on
which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title,
subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask.
The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction
may affect the Commitment and the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD
READ THE COMMITMENT VERY CAREFULLY. IF YOU HAVE ANY QUESTIONS ABOUT THE
COMMITMENT PLEASE CONTACT THE ISSUING OFFICE.
AGREEMENT TO ISSUE POLICY
First American Title Insurance Company, referred to in this commitment as the Company, through its agent Security
Title Guaranty Co., referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this
commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this commitment
becomes effective as of the Commitment Date shown in Schedule A.
If the Requirements shown in the Commitment have not been met within six months after the Commitment date, our
obligation under this Commitment will end. Also our obligation under this Commitment will end when the Policy is issued
and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A. The Requirements in Schedule B-1.
The Exceptions in Schedule B-2. The Disclosures and Conditions contained in this
Commitment.
This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B attached.
r-
Security Title Guaranty Co.
343 W Drake Rd # 200
_
Fort Collins, CO 80526
!
W
Phone: (970) 226-1901
Fax: (970)226-4330
DELIVERY TRANSMITTAL
(Continued)
TO: Hasler, Fonfara, Maxwell
ATTN:
Mike Maxwell
Key Bank Building, 6th Floor
PHONE:
(970) 493-5070
Fort Collins, CO 80521
FAX:
E-MAIL:
DELIVERY:
DELIVER
❑ If checked, supporting documentation enclosed
NO. OF COPIES: 1
TO: Mr. John E. Reid, Esq.
ATTN:
PHONE:
(970) 221-5600
125 S. Howes St., Suite 870
FAX:
(970) 221-5656
Fort Collins, CO 80525
E-MAIL:
DELIVERY:
DELIVER
❑ If checked, supporting documentation enclosed
NO. OF COPIES: 1
TO: Western Property Advisors, Inc
ATTN:
Roberta Martin
3555 Stanford Road, Suite 107
PHONE:
(970) 323-3933
Fort Collins, CO 80525
FAX:
(970) 223-4671
E-MAIL:
DELIVERY: DELIVER
❑ If checked, supporting documentation enclosed NO. OF COPIES: I
r
Security Title Guaranty Co. E_ 343 W Drake Rd # 200
Fort Collins, CO 80526
Phone: (970) 226-1901
Fax: (970) 226-4330
Thank you for giving us the opportunity to provide your closing
and settlement services
DELIVERY TRANSMITTAL
DATE: October 5, 2005
FILE NO.: S0064875, Amend. No. 1
PROP. ADDR.: tbd, Fort Collins, CO 80526
OWNER/BUYER: Western VH Investment, LLC / Fort Collins Habitat for Humanity, Inc.
Below is a list of clients to whom the attached materials have been delivered. Should you have any questions
regarding these materials, please contact Security Title Guaranty Co. at the above phone number.
Please review the attached materials carefully.
Please Deliver To The Customers Listed Below:
TO: Security Title Guaranty Co. ATTN: Becky Warner
Fort Collins PHONE: (970) 226-1901
343 W Drake Rd # 200 FAX: (970) 226-4330
Fort Collins, CO 80526 E-MAIL: rwarner@stgco.com
DELIVERY: E-MAIL
❑ If checked, supporting documentation enclosed NO. OF COPIES: 1
TO: Fort Collins Habitat for Humanity, Inc.
ATTN:
Candace Mayo, Executive Director
4001 South Taft Hill Road
PHONE:
Fort Collins, CO 80526
FAX:
(970) 223-4524
E-MAIL:
DELIVERY: DELIVER
❑ If checked, supporting documentation enclosed
NO. OF COPIES: 1
TO: Western Property Advisors, Inc
ATTN:
Stanley E Whitaker
3555 Stanford Road, Suite 107
PHONE:
(970) 323-3933
Fort Collins, CO 80525
FAX:
(970) 223-4671
E-MAIL:
DELIVERY: DELIVER
❑ If checked, supporting documentation enclosed
NO. OF COPIES: 1
TO: Sierra Real Estate Services
ATTN:
Dave Pietenpol
4714 Valley Ridge Court
PHONE:
(970) 225-2905
Fort Collins, CO 80526
FAX:
(970) 225-2905
E-MAIL:
DELIVERY: MAIL
13 If checked, supporting documentation enclosed
NO. OF COPIES: 1
i
Security Title Guaranty Co. f
October 5, 2005
Fort Collins Habitat for Humanity, Inc.
C/O Bob Hand
RE: Security Title Commitment No S0064875
Western VII Investments, LLC to Fort Collins Habitat for Humanity, Inc.
TO WHOM IT MAY CONCERN:
343 W Drake Rd # 200
Fort Collins, CO 80526
Phone: (970) 226-1901
Fax: (970)226-4330
Please see Schedule " B" of the above referenced title commitment (copy attached) regarding mineral reservations.
There are currently no mineral reservations, of record, pertaining to the property in referenced title commitment.
Security Title Guara ty�Co��.
Becky am
Sr. Real Estate Closing Agent
ENCL
PC: David J. Pietenpol
Roberta Martin
Stanley Whitaker
ImrHabitat for Humanity
Fort Collins 4001 South Taft Hill Road
Fort Collins, CO 80526
October 5, 2005
Stephen Olt
Current Planning Department
City of Fort Collins
Dear Mr. Olt,
This letter is to serve as certification that we have attempted to the best of our abilities to
locate and notify any owners or lessees of the mineral rights under the surface of Parcel
Number 97343-00-013, the tract of land for which Habitat for Humanity is submitting a
development proposal. We have searched the county recorder's record and have not
found a name or address. As far as we can determine no one has recorded a "Request for
Notification" on the above mentioned parcel.
We asked Security Title to review their title search to see if they could find a name or
address of anyone concerned with the mineral rights. They did not find anything.
Attached is a copy of their letter to that effect.
I feel that we have acted in good faith and complied with the intent with the requirements
of Section 24-65.5-103 of the Colorado Revised Statues.
Respectfully submitted,
Robert Hand,
Project Manager
Fort Collins Habitat for Humanity
Building hope and homes... one family at a time.
Phone: 970.223.4522 9 www.fortcollinshabitat.org • Fax: 970.223.4524