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HomeMy WebLinkAboutLAPORTE SOLAR ARRAY - PDP - PDP150003 - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTS7251 West 20th Street, Building L, Suite 100 Greeley, CO 80634 Phone: (970) 330-4522 Fax: (866) 828-0844 DATE: January 6, 2015 FILE NUMBER: 459-H0420574-820-GRO PROPERTY ADDRESS: 1912 LaPorte Avenue, Fort Collins, CO 80521 BUYER/BORROWER: Ernest M. Schmidtberger and Kristen K. Schmidtberger OWNER(S): YOUR REFERENCE NUMBER: ASSESSOR PARCEL NUMBER: R1400649/9710211002 PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN: None. WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING INSTRUCTIONS, PLEASE CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTAL PAGE OF THIS COMMITMENT. TO: Heritage Title Company, Inc. 7251 West 20th Street Building L, Suite 100 Greeley, CO 80634 ATTN: Greeley Title Only PHONE: (970) 330-4522 FAX: (866) 828-0844 E-MAIL: titlevault@heritagetco.com TO: Bella Energy 500 S. Arthur Ave. #300 Louisville, CO 80027 ATTN: Dana Mosman PHONE: (000) 000-0000 FAX: (000) 000-0000 E-MAIL: dana.mosman@bellaenergy.com TO: Greeley Title Plant - Title Only 7251 West 20th Street Building L, Suite 100 Greeley, CO 80634 ATTN: Greeley Title Only PHONE: (970) 330-4522 FAX: (866) 828-0844 E-MAIL: titlevault@heritagetco.com END OF TRANSMITTAL 01/06/2015 2:33 PM Commitment No.: 459-H0420574-820-GRO Copyright 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. Commonwealth Land Title Insurance Company COMMITMENT SCHEDULE A Commitment No: 459-H0420574-820-GRO 1. Effective Date: December 29, 2014 at 7:00 A.M. 2. Policy or policies to be issued: Proposed Insured (a) None FOR INFORMATIONAL PURPOSES ONLY – NO POLICY TO BE ISSUED 3. The estate or interest in the land described or referred to in this Commitment is: A Fee Simple 4. Title to the estate or interest in the land is at the Effective Date vested in: Ernest M. Schmidtberger and Kristen K. Schmidtberger 5. The land referred to in this Commitment is described as follows: See Attached Legal Description (for informational purposes only) 1912 LaPorte Avenue, Fort Collins, CO 80521 PREMIUMS: Informational Title Commitment: $550.00 01/06/2015 2:33 PM Commitment No.: 459-H0420574-820-GRO Copyright 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. Attached Legal Description Lot 2, First Replat of the Schmidtberger Subdivision, City of Fort Collins, County of Larimer, State of Colorado. 01/06/2015 2:33 PM Commitment No.: 459-H0420574-820-GRO Copyright 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. SCHEDULE B – Section 1 Requirements The following requirements must be met: a. Pay us the premiums, fees and charges for the Informational Title Commitment. FOR INFORMATIONAL PURPOSES ONLY – NO POLICY TO BE ISSUED END OF REQUIREMENTS 01/06/2015 2:33 PM Commitment No.: 459-H0420574-820-GRO Copyright 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. SCHEDULE B – Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Any facts, rights, interests or claims that are not shown by the Public Records but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachments, encumbrances, 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 Public Records. 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 the proposed Insured acquires of record for the value the estate or interest or mortgage thereon covered by this Commitment. 6. Water rights, claims of title to water, whether or not these matters are shown by the Public Records. 7. All taxes and assessments, now or heretofore assessed, due or payable. 8. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 9. Reservations contained in the Patent recorded June 23, 1879 in Book T at Page 108 which among other things recites as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts; and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as provided by law. 10. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The Larimer Co. Land Improvement Company Purpose: Canal No. Two Recording Date: July 10, 1874 Recording No: Book G at Page 178. 11. Right of way and any and all interests therein for the New Mercer Canal as it presently exists. 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The City of Fort Collins Purpose: Water pipes Recording Date: June 26, 1915 Recording No: Book 334 at Page 297. 01/06/2015 2:33 PM Commitment No.: 459-H0420574-820-GRO Copyright 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. 13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The Mountain States Telephone and Telegraph Co. Purpose: Telephone and telegraph lines Recording Date: September 27, 1918 Recording No: Book 378 at Page 264. 14. Terms, conditions, provisions, agreements and obligations contained in the Contract and Grant of Easement as set forth below: Recording Date: June 26, 1951 Recording No.: Book 914 at Page 189. 15. Terms, conditions, provisions, agreements and obligations contained in the Right of Way Agreement as set forth below: Recording Date: December 3, 1965 Recording No.: Book 1313 at Page 303. 16. Terms, conditions, provisions, agreements and obligations contained in the Right of Way Agreement as set forth below: Recording Date: December 5, 1966 Recording No.: Book 1348 at Page 541. 17. Terms, conditions, restrictions, provisions, notes and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on the Plat(s) of Schmidtberger Subdivision set forth below: Recording Date: April 2, 1993 Recording No: 93020149. 18. Terms, conditions, restrictions, provisions, notes and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on the Plat(s) of First Replat of Schmidtberger Subdivision set forth below: Recording Date: March 11, 1994 Recording No: 94021971. Affidavit of Correction recorded October 6, 1995 at Reception Number 95062763. 19. A deed of trust to secure an indebtedness in the amount shown below, Amount: $70,000.00 01/06/2015 2:33 PM Commitment No.: 459-H0420574-820-GRO Copyright 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. Trustor/Grantor Ernest M. Schmidtberger and Kristen K. Schmidtberger Trustee: Public Trustee of Larimer County Beneficiary: First National Bank of Omaha Recording Date: January 3, 2014 Recording No: 20140000463. END OF EXCEPTIONS 01/06/2015 2:33 PM Commitment No.: 459-H0420574-820-GRO Copyright 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. COMMITMENT FOR TITLE INSURANCE Issued by Heritage Title Company, Inc. AS AGENT FOR Commonwealth Land Title Insurance Company Commonwealth Land Title Insurance Company, a Nebraska corporation (“Company”), for a valuable consideration, 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 in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. The 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 by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Commonwealth Land Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Attest: Secretary By: President 01/06/2015 2:33 PM Commitment No.: 459-H0420574-820-GRO Copyright 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. 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 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. 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 policies or policies committed for and such liability is subject to the insuring provisions and Conditions 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.org. . 01/06/2015 2:33 PM Commitment No.: 459-H0420574-820-GRO Copyright 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. DISCLOSURE STATEMENT  Pursuant to Section 38-35-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 3-5-1 (Section 7), if the parties to the subject transaction request us to provide escrow-settlement and disbursement services to facilitate the closing of the transaction, then all funds submitted for disbursement must be available for immediate withdrawal.  Colorado Division of Insurance Regulation 3-5-1, Paragraph G of Section VII, requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed". Provided that Heritage Title Company, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued.  If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding).  Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said Declaration shall be completed and signed by either the grantor or grantee.  Recording statutes contained in Section 30-10-406(3)(a) of the Colorado Revised Statutes require 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 a document that does not conform to requirements of this paragraph.  Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded.  Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front page of every document being recorded.  Pursuant to Section 10-11-122 of the Colorado Revised Statutes, 1987 the Company is required to disclose the following information: o The subject property may be located in a special taxing district. o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. o 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 Section 10-11-123 of the Colorado Revised Statutes, when it is determined that a mineral estate has been severed from the surface estate, the Company is required to disclose the following information: 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 that such mineral estate may include the right to enter and use the property without the surface owner's permission.  Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Privacy Notice Effective: January 24, 2014 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing real estate- and loan-related services (collectively, “FNF”, “our” or “we”) respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes your Personal Information (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice. This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by FNF, including collection through any FNF website and any online features, services and/or programs offered by FNF (collectively, the “Website”). This Privacy Notice is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information or Personal Information collected and/or owned by any entity other than FNF. 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The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, FNF or other third parties may send a “cookie” to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your Privacy Notice Effective: January 24, 2014 • To agents, brokers, representatives, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers who provide services or perform marketing services or other functions on our behalf; • To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. 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