HomeMy WebLinkAboutLDS TEMPLE (OF FORT COLLINS) - FDP - FDP130029 - SUBMITTAL DOCUMENTS - ROUND 1 - APPLICATION (6)CUSTOMER DISTRIBUTION
Date: Our Order Number:
Property Address:
If you have any inquiries or require further assistance, please contact _______________________________________
Phone: Fax:
Form DELIVERY.LP
10-02-2012 FCC25111324
6732 S. TIMBERLINE ROAD AND 2150 ROCK CASTLE LANE FT. COLLINS CO 80528
LDS CHURCH
Attn: LUKE ROTHEY
Phone: 801-240-4591
Copies: 1
EMail: LROTHEY@LDSCHURCH.ORG
Sent Via EMail
Land Title Guarantee Company
Final Policy Department
970-282-3649 970-282-3652
LTG Policy No.
Our Order No.
Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions
and Stipulations hereto annexed and made a part of this Binder,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
a Corporation, herein called the Company,
GUARANTEES
herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured
shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that,
according to the public records as of
1. Title to said estate or interest at the date hereof is vested in:
2. The estate or interest in the land hereinafter described or referred to covered by this Binder is:
Liability:
PROPERTY INFORMATION BINDER
Fee:
FCC25111324
CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF
LATTER-DAY SAINTS, A UTAH CORPORATION SOLE
LTAQ25111324
$50,000.00
CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF
LATTER-DAY SAINTS, A UTAH CORPORATION SOLE
Form PIB/ORT
A Fee Simple
Land Title Guarantee Company
Representing Old Republic National Title Insurance Company
$500.00
September 21, 2012 at 5:00 P.M.
LTG Policy No.
Our Order No.
3. The land referred to in this Binder is situated in the State of Colorado, County of
described as follows:
4. The following documents affect the land:
FCC25111324
LARIMER
1.
Form PIB/ORT
NOTE: THE COMMITMENT DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS
OR REPRESENTATION OF SAID RIGHTS.
NOTE: THIS COMMITMENT IS NOT A REPORT OR REPRESENTATION AS TO MINERAL
INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE
NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103.
NOTE: ADDITIONAL UPDATES TO THE EFFECTIVE DATE OF THE BINDER MAY BE
REQUESTED BY THE PROPOSED INSURED. ONE UPDATE IS INCLUDED WITH THIS BINDER
AT NO ADDITIONAL COST. ANY ADDITIONAL UPDATES WILL BE ISSUED AT THE COST
OF $125 PER UPDATE. FOR EACH UPDATE PROVIDED, A REVISED BINDER WILL BE
ISSUED SHOWING A NEW EFFECTIVE DATE AND ANY MATTERS RECORDED SINCE THE
EFFECTIVE DATE OF THE PREVIOUS BINDER.
RESERVATIONS MADE BY UNION PACIFIC RAILWAY CO, IN DEED RECORDED AUGUST 01,
1883, IN BOOK 29 AT PAGE 97, PROVIDING SUBSTANTIALLY AS FOLLOWS: RESERVING
UNTO SAID COMPANY AND ITS ASSIGNS ALL COAL THAT MAY BE FOUND UNDERNEATH
THE SURFACE OF LAND HEREIN DESCRIBED AND THE EXCLUSIVE RIGHT TO PROSPECT
AND MINE FOR SAME, ALSO SUCH RIGHT OF WAY AND OTHER GROUNDS AS MAY APPEAR
Land Title Guarantee Company
Representing Old Republic National Title Insurance Company
LOTS 2 AND 3,
AMENDED PLAT OF LOTS 1-4 OF THE LEISTIKOW M.R.D. S-21-92,
COUNTY OF LARIMER, STATE OF COLORADO.
LTAQ25111324
4. The following documents affect the land: (continued)
Our Order No.
LTG Policy No.
FCC25111324
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Form PIB/ORT
NECESSARY FOR PROPER WORKING OF ANY COAL MINE THAT MAY BE DEVELOPED UPON
SAID PREMISES AND FOR TRANSPORTATION OF COAL FROM SAME.
TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED JULY 12,
1978 IN BOOK 1872 AT PAGE 880.
TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED MAY 09, 1986
AT RECEPTION NO. 86023993
RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC
ASSOCIATION, INC. IN INSTRUMENT RECORDED MAY 25, 1988, UNDER RECEPTION
NO. 88023763.
TERMS, CONDITIONS AND PROVISIONS OF ORDER RECORDED MAY 04, 1992 AT
RECEPTION NO. 92024550.
RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC
ASSOCIATION, INC. IN INSTRUMENT RECORDED JULY 20, 1992, UNDER RECEPTION
NO. 92041974.
TERMS, CONDITIONS AND PROVISIONS OF SLOPE EASEMENT RECORDED JUNE 20, 2001
AT RECEPTION NO. 2001049146.
RIGHT OF WAY EASEMENT AS GRANTED TO WESTCHASE PROPERTIES LLC AND WESTCHASE
COMMUNITY ASSOCIATION IN INSTRUMENT RECORDED JUNE 20, 2001, UNDER
RECEPTION NO. 2001049150.
RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC
ASSOCIATION, INC. IN INSTRUMENT RECORDED OCTOBER 08, 2001, UNDER
RECEPTION NO. 2001090270.
TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED FEBRUARY
06, 2002 AT RECEPTION NO. 2002013964.
EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT RECORDED DECEMBER 7, 1992 AT RECEPTION NO. 92078513.
LTAQ25111324
4. The following documents affect the land: (continued)
Our Order No.
LTG Policy No.
FCC25111324
12.
13.
14.
15.
16.
17.
18.
19.
Form PIB/ORT
TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AND RIGHT OF WAY AGREEMENT
RECORDED JANUARY 31, 2003 AT RECEPTION NO. 2003012372.
TERMS, CONDITIONS AND PROVISIONS OF UNRECORDED POST-CLOSING POSSESSION
AGREEMENT.
ANY LOSS OR DAMAGE ARISING FROM THE FOLLOWING MATTERS SHOWN ON ALTA/ACSM
LAND TITLE SURVEY DATED AUGUST 22, 2011 AND REVISED JANUARY 6, 2012 JOB
#1D8A01-608 BY LANDMARK ENGINEERING:
A. FENCES DO NOT COINCIDE WITH THE PROPERTY LINES
B. ELECTRIC VAULT OUTSIDE OF THE RECORDED EASEMENT.
EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF AMENDED PLAT OF LOTS 1-4 OF THE LEISTIKOW M.R.D. S-21-92
RECORDED OCTOBER 25, 2011 AT RECEPTION NO. 20110065177.
TERMS, CONDITIONS AND PROVISIONS OF FINDINGS AND RESOLUTION RECORDED
OCTOBER 25, 2011 AT RECEPTION NO. 20110065180.
TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE RECORDED NOVEMBER 17, 2011 AT
RECEPTION NO. 20110070368.
TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT REGARDING ROCK CASTLE LANE
RECORDED JANUARY 18, 2012 AT RECEPTION NO. 20120003750.
TERMS, CONDITIONS, AND PROVISIONS OF SPECIAL WARRANTY DEED RECORDED JANUARY
31, 2012 UNDER RECEPTION NO. 20120006453.
LTAQ25111324
Property Information Binder
PIB.ORT Cover Page 1 of 2
CONDITIONS AND STIPULATIONS
1. Definition of Terms
The following terms when used in this Binder mean:
(a) "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute
real property;
(b) "Public Records"; those records which impart constructive notice of matters relating to said land;
(c) "Date": the effective date;
(d) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company;
(e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company.
2. Exclusions from Coverage of this Binder
The company assumes no liability including cost of defense by reason of the following:
(a) Taxes or assessments which 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; taxes and assessments not yet due or payable and special assessments not yet certified
to the Treasurer's office.
(b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or
title to water.
(c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which
such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any
rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description.
(d) Mechanic's lien(s), judgment(s) or other lien(s).
(e) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the Assured;
(b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as of
the Date; or (c) attaching or creating subsequent to the Date.
3. Prosecution of Actions
(a) The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which
in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any
appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or
waive any provision hereof.
(b) In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company
to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the
Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for
any expense so incurred.
4. Notice of Loss - Limitation of Action
A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be
furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue
to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by the
Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period.
Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive
bar against maintenance by the Assured of any action under this Binder.
5. Option to Pay, Settle or Compromise Claims
The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which
could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder. Such
payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder.
Copyright 2006-2011 American land Title Association. All rights reserved. The use of this form 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.
PIB.ORT Cover Page 2 of 2
Issued through the Office of:
LAND TITLE GUARANTEE COMPANY
___________________________________________
Authorized Signature
6. Limitation of Liability - Payment of Loss
(a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because
of reliance upon the assurances herein set forth, but in no event shall the liabiity exceed the amount of the liability
stated on the face page hereof.
(b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs
and attorney's fees in litigation carried on by the Assured with the written authorization of the Company.
(c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of
any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance
within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim
or suit without written consent of the Company.
(d) All payments under this Binder, except for attorney's fees as provided for in paragraph 6(b) thereof, shall reduce the amount
of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof
for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be
furnished to the satisfaction of the Company.
(e) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable
within thirty days thereafter.
7. Subrogation Upon Payment or Settlement
Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by
any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had
against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss
of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to
the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against
any person or proprty necesary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured
in any transaction or litigation involving the rights or remedies.
8. Binder Entire Contract
Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter
hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a
writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other
validating officer of the Company.
9. Notices. Where Sent
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be
addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111.
10. Arbitration
Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association.
ANTI-FRAUD STATEMENT: 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, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly
provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or 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.
This anti-fraud statement is affixed and made a part of this policy.
Mark Bilbrey
President
Rande Yeager
Secretary
772 WHALERS WAY #100
FORT COLLINS, CO 80525
970-282-3649
Date:
LAND TITLE GUARANTEE COMPANY
INVOICE
- CHARGES -
When referring to this order, please reference our Order No.
Customer Reference No.
Record Owner:
Property Address:
--Total--
Payment is due within 30 days from the date on which the Guarantee is issued. If payment is not
received within 30 days of that date, the Guarantee and all coverages thereunder shall be cancelled.
Please make checks payable to:
October 02, 2012
FCC25111324
Property Information Binder $500.00
$500.00
CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST
OF LATTER-DAY SAINTS, A UTAH CORPORATION SOLE
6732 S. TIMBERLINE ROAD AND 2150 ROCK CASTLE LANE FT. COLLINS CO
80528
LAND TITLE GUARANTEE COMPANY
772 WHALERS WAY #100
FORT COLLINS, CO 80525