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HomeMy WebLinkAboutBOARDWALK CROSSING @ MASON STREET - PDP/FDP - FDP130003 - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTSCUSTOMER DISTRIBUTION Date: Our Order Number: Property Address: If you have any inquiries or require further assistance, please contact one of the numbers below: 02-05-2013 FCC25113950 4012 S. MASON/181 W, BOARDWALK FORT COLLINS, CO 80525 For Title Assistance: Ft. Collins Customer Care Dan Greenfield 772 WHALERS WAY #100 FORT COLLINS, CO 80525 Phone: 970-282-3649 Fax: 970-282-3652 EMail: customercare@ltgc.com HOLTER REALTY 3509 SOUTH MASON STREET FORT COLLINS, CO 80525 Attn: GEORGE HOLTER Phone: 970-266-5438 Copies: 1 Sent Via US Postal Service STEWART & ASSOCIATES 103 S MELDRUM FORT COLLINS, CO 80521 Attn: JAY ROBINSON Phone: 970-482-9331 Copies: 1 EMail: jayrobinson@frii.com Sent Via EMail Land Title Guarantee Company Date: Our Order Number: Buyer/Borrower: Seller/Owner: Property Address: 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. THANK YOU FOR YOUR ORDER! ESTIMATE OF TITLE FEES If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL Form CONTACT 06/04 02-05-2013 FCC25113950 TO BE DETERMINED BOARDWALK CROSSING LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP AND WARREN FEDERAL CREDIT UNION 4012 S. MASON/181 W, BOARDWALK FORT COLLINS, CO 80525 ALTA Owners Policy 06-17-06 $247.00 $247.00 Land Title Guarantee Company Schedule A Our Order No. Cust. Ref.: 1. Effective Date: 2. Policy to be Issued, and Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: 4. Title to the estate or interest covered herein is at the effective date hereof vested in: 5. The Land referred to in this Commitment is described as follows: Property Address: FCC25113950 A L T A C O M M I T M E N T 4012 S. MASON/181 W, BOARDWALK FORT COLLINS, CO 80525 January 28, 2013 at 5:00 P.M. "ALTA" Owner's Policy 06-17-06 Proposed Insured: TO BE DETERMINED $5,000.00 A Fee Simple BOARDWALK CROSSING LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP AND WARREN FEDERAL CREDIT UNION LOTS 1 AND 2, BOARDWALK CROSSING FILING 2, A MINOR SUBDIVISION, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO Old Republic National Title Insurance Company The following are the requirements to be complied with: (Requirements) Our Order No. A L T A C O M M I T M E N T Schedule B-1 FCC25113950 Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. 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: (Exceptions) Our Order No. A L T A C O M M I T M E N T Schedule B-2 FCC25113950 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 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. 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. (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. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. EXISTING LEASES AND TENANCIES, IF ANY. UNDIVIDED 1/3 INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED FEBRUARY 01, 1955, IN BOOK 987 AT PAGE 332, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. UNDIVIDED 1/3 INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED JANUARY 20, 1965, IN BOOK 1277 AT PAGE 540, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. TERMS, CONDITIONS AND PROVISIONS OF NOTICE RECORDED AUGUST 30, 1985 AT RECEPTION NO. 85043531. TERMS, CONDITIONS AND PROVISIONS OF SITE AND LANDSCAPE COVENANTS RECORDED AUGUST 30, 1985 AT RECEPTION NO. 85043532. 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: (Exceptions) Our Order No. A L T A C O M M I T M E N T Schedule B-2 FCC25113950 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT AGREEMENT RECORDED MARCH 11, 1994 AT RECEPTION NO. 94021970. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF BOARDWALK CROSSING, FILING 2 RECORDED MARCH 11, 1994 AT RECEPTION NO. 94021969. TERMS, CONDITIONS AND PROVISIONS OF RECIPROCAL EASEMENT AND OPERATION AGREEMENT RECORDED MARCH 16, 1994 AT RECEPTION NO. 94023559. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEDICATION RECORDED FEBRUARY 07, 1997 AT RECEPTION NO. 97008181. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED MARCH 26, 1997 AT RECEPTION NO. 97018479. TERMS, CONDITIONS AND PROVISIONS OF RECIPROCAL EASEMENTS AND DECLARATION OF COVENANTS AND RESTRICTIONS RECORDED OCTOBER 03, 2001 AT RECEPTION NO. 2001089265. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION RECORDED DECEMBER 14, 2005 AT RECEPTION NO. 20050106951. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED DECEMBER 14, 2005 AT RECEPTION NO. 20050106952. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED DECEMBER 14, 2005 AT RECEPTION NO. 20050106953. ANY LOSS OR DAMAGE ARISING FROM THE FOLLOWING MATTERS SHOWN ON IMPROVEMENT SURVEY PLAT DATED JUNE 8, 2012 JOB #BRDW-IMP BY STEWART & ASSOCIATES: A. ENCROACHMENT OF TRASH ENCLOSURE B. UTILITY FACILITIES OUTSIDE OF EASEMENTS C. STORM DRAIN LINE OUTSIDE OF EASEMENT. 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: (Exceptions) Our Order No. A L T A C O M M I T M E N T Schedule B-2 FCC25113950 23. 24. 25. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF FORT COLLINS IN INSTRUMENT RECORDED FEBRUARY 07, 1997, UNDER RECEPTION NO. 97008180. RIGHT OF WAY EASEMENT AS GRANTED TO US WEST INC IN INSTRUMENT RECORDED JULY 23, 1997, UNDER RECEPTION NO. 97047354. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF FORT COLLINS IN INSTRUMENT RECORDED DECEMBER 14, 2005, UNDER RECEPTION NO. 20050106954. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or 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 documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 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". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, 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. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments 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. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrauding or incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. 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. DISCLOSURE 02/2011 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.ORT WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW.