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Home My WebLink AboutBOSTON CHICKEN PUD MAJOR AMENDMENT - 79 93B - SUBMITTAL DOCUMENTS - ROUND 1 - PROPERTY OWNERS•,, ISSUED BY TRANSNATION TITLE INSURANCE COMPANY COMM,iMENT FOR TITLE INSURANCE Transnation TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed; this instrument, including Commitment, Conditions and Stipulations attached, to become valid when coun- tersigned by an Authorized Officer or Agent of the Company. TRANSNATION TITLE INSURANCE COMPANY /J o��\«t InSQg4y�F Attest: B y rSFIi. If, 1991 �� Secretary * *� President ARIZ00 Conditions and Stipulations 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to 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 Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. 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. PA 3 American Land Title Association Commitment - 1966 Cover Page Form 1004-248 nolnIa A TRANSNATION TITLE INSURANCE COMPANY Commitment No.: 6433717 SCHEDULE B - Continued EXCEPTIONS 15. Right of way, whether in fee or easement only, for sanitary sewer line utility easement, as granted to City of Fort Collins, Colorado by BC Real Estate Investments, Inc., a Delaware Corporation, recorded June 18, 1997 as Reception No. 97038345, affecting the following described property: A portion of Lot 1 of the Boston Chicken at Lemay and Pennock, PUD, City of Fort Collins, County of Larimer, State of Colorado which is contained within the boundary lines which begin at a point on the east line of said Lot 1 which bears North 01 degrees 40 minutes 57 seconds East 72.76 feet from the Southeast corner of said Lot 1 and run thence North 89 degrees 17 minutes 30 seconds West 35.00 feet; thence North 01 degrees 40 minutes 57 seconds East 20.00 feet; thence South 89 degrees 17 minutes 30 seconds East 35.00 feet; thence South 01 degrees 40 minutes 57 seconds West 20.00 feet to the Point of Beginning. Page TRANSNATION TITLE INSURANCE COMPANY Commitment No.: 6433717 SCHEDULE B - Continued EXCEPTIONS 7. Waivers of limitations on assessments in Storm Sewer District No. 16 as contained in instruments recorded in Book 1652 at Page 268 and 270; Street Improvement District No. 69 as contained in instruments recorded in Book 1651 at Page 448 and Water Main District No. 6 as contained in instrument recorded in Book 1652 at Page 277 and Page 282. 8. Existing water line as shown on Survey by Richard A. Rutherford dated January 14, 1994. 9. All notes and easements as shown on recorded Plat of said Subdivision. 10. Terms, agreements, provisions, conditions and obligations as contained in Notice recorded June 28, 1994 as Reception No. 94054506. 11. Terms, agreements, provisions, conditions and obligations as contained in Site and Landscape Covenants recorded June 28, 1994 as Reception No. 94054507. 12. Terms, agreements, provisions, conditions and obligations as contained in Restrictive Covenants and Reimbursement Obligations by and between BC Real Estate Investments, Inc., a Delaware Corporation and Double "D" Delis L.L.C., a Colorado Limited Liability Company recorded July 14, 1994 as Reception No. 94059349. 13. Terms, agreements, provisions, conditions and obligations as contained in Non-exclusive Reciprocal Easement Agreement for Ingress and Egress by and between BC Real Estate Investments, Inc., a Delaware Corporation and Double "D" Delis, L.L.C., a Colorado Limited Liability Company recorded July 14, 1994 as Reception No. 94059351. 14. Terms, agreements, provisions, contained in Easement Agreement Egress recorded September 29, 1 conditions and obligations as for Sewer Line, Access Ingress and 994 as Reception No. 94079963. Page 5 TRANSNATION TITLE INSURANCE COMPANY Commitment No.: 6433717 SCHEDULE B EXCEPTIONS 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. Note: The above exception will not appear on policies where closing and settlement has been performed by the company. 6. a. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. b. Any and all unredeemed tax sales, if any. Note:Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder. Note: PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURERS AUTHORIZED AGENT; (C) 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. Page 4 TRANSNATION TITLE INSURANCE COMPANY Commitment No.: 6433717 SCHEDULE A - Continued REQUIREMENTS C. Evidence satisfactory to Transnation Title Insurance Company disclosing the type of entity of Safeway Rocky Mountain Federal Credit Union. NOTE: This commitment is subject to such other and further requirements as may be necessary when the above is complied with. D. Deed, executed by the President, Vice President or other head officer from BC REAL ESTATE INVESTMENTS, INC., a Delaware Corporation to SAFEWAY ROCKY MOUNTAIN FEDERAL CREDIT UNION. NOTE: Corporate Seal or facsimile must be affixed. Page 3 TRANSNATION TITLE INSURANCE COMPANY Commitment No.: 6433717 SCHEDULE A - Continued 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 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 recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) 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 TREASURERrS AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS $100,000.00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING). NOTE: EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDERS 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. A. Release by the Public Trustee of: Deed of Trust from BC REAL ESTATE Corporation to the Public Trustee use of BANK OF AMERICA ILLINOIS, Note Creating a Revolving Line of two revolving notes in the amount $123,074,500.00 dated December 9, as Reception No. 96090624. INVESTMENTS, INC., a Delaware of the County of Larimer for the as Collateral Agent to secure a Credit in the maximum amount of of $23,227,100.00 and 1996 recorded December 20, 1996 B. Release of the land herein from the effect of a Financing Statement from BC REAL ESTATE INVESTMENTS, INC., debtor(s), to BANK OF AMERICA ILLINOIS, as Collateral Agent, secured party, recorded December 20, 1996 as Reception No. 96090625, giving notice of a security interest pursuant to the Uniform Commercial Code. Page TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No.: 6433717 1. Effective Date: AUGUST 29, 1997 at 7:00 A. M. 2. Policy or policies to be issued: Amount Premium A. ALTA Owner's Policy $ 625,000.00 $759.00 Proposed Insured: SAFEWAY ROCKY MOUNTAIN FEDERAL CREDIT UNION B. ALTA Loan Policy $ $ Proposed Insured: Tax Certificate $ 15.00 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: BC REAL ESTATE INVESTMENTS, INC., a Delaware Corporation 4. The land referred to in this commitment is described as follows: Lot 1, BOSTON CHICKEN AT LEMAY AND PENNOCK, P.U.D., City of Fort Collins, County of Larimer, State of Colorado TRANSNATION TITLE INSURANCE COMPANY By Linda K Harmon Authorized Signature Issued: September 18, 1997 LKH/lmg/lkh LAKIMLK COUNTY SCHEDULE NUMBER:1403931 'CotrtitlLatQ 0f U; PARCEL NUMBER: 87182-33-001 TAX DISTRICT: 1100 TAX YEAR: 1996 OWNER: e C REAL ESTATE DESCRIPTION OF PROPERTY STATUS ROP LOC: 900 S LEMAY AVE FORT COLLINS CO OT 1. BOSTON CHICKEN AT LEMAY 9 PENNOCK PUD. FTC DISTRIBUTION OF TAX AMOUNTS ------------------------------------------------ I LEVY I TAX AUTHORITY I TAX I ------------------------------------------------ 46.40300 POUDRE R-1 GENERAL FUND 9230.02 8.7000C POUDRE R-1 BOND PAYMENT 173C.52 1.00000 N COLO WATER CONS DIST 198.91 2.19700 POUDRE HEALTH SERVICES 437.01 9.79700 FT COLLINS 1948.72 .14200 LARIMER CO PEST CTRL DST 28.25 21.43200 LARIMER COUNTY 4263.03 Information regarding special taxing districts may be on file with the County Commissioners, Clerk and Recorder or Assessor. ASSESSED VALUE: LAND: IMPS: TOTAL VALUE: CURRENT TAX: 102.430 96.480 1980,910 $17.836.46 I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF REAL ESTATE/PERSONAL PROPERTY TAXES DUE UPON THE PARCELS OF PROPERTY DESCRIBED HEREIN, AND ALL SALES OF THE SAME FOR UNPAID TAXES SHOWN BY THE RECORDS IN MY OFFICE, FROM WHICH THE SAME MAY STILL BE REDEEMED, WITH THE AMOUNT REQUIRED FOR REDEMP- TION, ARE AS NOTED HEREIN: DATE: 0 9-1 5- 9 7 LARIMER COUNTY TREASURER BY:�� SEALro � `t + OMER COPY 0 IMPORTANT INFORMATION ON REVERSE SIDE TRANSNATION TITLE INSURANCE COMPANY 3000 S. College Avenue Suite 110 Fort Collins, CO 80525 VELDMAN MORGAN 760 WHALERS WAY #C-200 FORT COLLINS, CO 80525 ATTN: DAN BERNTH Order No. 6433717 September 18, 1997 RE: SAFEWAY ROCKY MTN FEDERAL CU/BC REAL ESTATE INVESTMENT 900 S. LEMAY AVE In connection with the above matter, we are enclosing herewith the following: ,/Title Insurance Commitment pndorsement(s) ,/Certificate of Taxes Due Other We are pleased to have the opportunity to be of service. If you have any questions or changes, please contact CHERYL at 970-226-5454 cc: REALTEC, INCORPORATED ATTN: RHYS CHRISTENSEN BOSTON CHICKEN ATTN: JIM HOAR MEINSTER & FRANCY ATTAN: BARRY MEINSTER TNT/CHERYL SAFEWAY ROCKY MOUNTAIN FEDERAL ATTN: DENISE HALL VELDMAN MORGAN C O M M E R C I A L 10 October 1997 Leanne A. Harter, AICP City Planner Current Planning Department 281 North College Avenue Fort Collins, CO 80522-0580 Dear Leanne: There is one owner of property within the boundaries of the development plan area. The owner of this property is BC REAL ESTATE INVESTMENTS, INC. a Delaware Corporation. As further documentation, the Title Insurance Commitment and Certificate of Taxes Due is attached. Please call me if you have any questions. Sincerely, VE DMAN MORGAN COMMERCIAL, INC. � • z Daniel R. Bernth Broker Associate 760 Whalers Way, Bldg. C, Suite 200 Fort Collins, CO 80525 Phone 970/223-5555 Fax 970/223-1647 REAI.TOR