HomeMy WebLinkAboutFTC CHIPPERS SC WTE VERIZON PDP - PDP170027 - SUBMITTAL DOCUMENTS - ROUND 1 - WTE / WTF INFORMATIONCopyright 2006-2013 American Land Title Association. All rights reserved. The user 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.
Cell Tower Information Binder
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 to 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 valuts, 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 hereinbefore 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 2006-2013 American Land Title Association. All rights reserved. The user 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.
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 liability 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 attorneys’ 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
When 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 property necessary 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 or 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 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 state is affixed and made a part of this policy.
ISSUED THROUGH THE OFFICE OF:
Old Republic National Title Insurance Company
CELL TOWER INFORMATION BINDER
Order Number: 01-17028363-01T
Policy Number: OX-11633037
Liability: $75,000.00
Fee: $1250.00
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
LRK CONSULTING**
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 04/20/2017
1. Title to said estate or interest at the date hereof is vested in:
BLACO INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY
2. The estate or interest in the land hereinafter described or referred to covered by this Binder is:
Fee Simple
3. The land referred to in this Binder is situated in the State of Colorado, County of LARIMER,
described as follows:
SITUATED IN THE COUNTY OF LARIMER AND IN THE STATE OF COLORADO:
A PART OF LOT 23, SOUTH MESA SUBDIVISION, IN THE CITY OF FORT COLLINS, WHICH
BEGINS AT THE SOUTHWEST CORNER OF SAID LOT 23, AND RUN THENCE N 00°54' E
103.01 FEET TO THE NORTHWEST CORNER LOT 23; THENCE N 89°55' E 189.23 FEET
ALONG THE NORTH LINE OF SAID LOT 23; THENCE S 00°05' E 103.00 FEET TO A POINT ON
THE SOUTH LINE OF SAID LOT 23; THENCE S 89°55'W 191.00 FEET TO THE POINT OF
BEGINNING.
4. The following documents affect the land:
(1) BUILDING RESTRICTIONS AND PROTECTIVE COVENANTS, RECORDED 05/05/1965, IN BOOK
1286, PAGE 197 OF THE LARIMER COUNTY RECORDS.
(2) BUILDING RESTRICTIONS AND PROTECTIVE COVENANTS, RECORDED 05/07/1965, IN BOOK
1286, PAGE 303 OF THE LARIMER COUNTY RECORDS.
(3) SUBJECT TO 10’ EASEMENT AS SHOWN ON THE PLAT OF THE SOUTH MESA SUBDIVISION,
AS RECORDED IN PLAT BOOK 9, PAGE 97 OF LARIMER COUNTY RECORDS.
(4) CONVEYANCE OF EASEMENTS IN FAVOR OF ALFALFA'S FC, INC., RECORDED 06/05/1992, AS
DOCUMENT NO. 92031446 OF THE LARIMER COUNTY RECORDS.
Old Republic National Title Insurance Company
CELL TOWER INFORMATION BINDER
Order Number: 01-17028363-01T
Policy Number: OX-11633037
(5) DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED BELOW AND ANY
OTHER AMOUNTS PAYABLE UNDER THE TERMS HEREOF,
AMOUNT: $ 1,200,000.00
TRUSTOR: BLACO INVESTMENTS, LC
TRUSTEE: LARIMER COUNTY PUBLIC TRUSTEE
BENEFICIARY: WESTERN STATES BANK, A BRANCH OF VALLEY BANK
DATED: 05/25/2007
RECORDED: 05/31/2007
DOC#/BOOK-PAGE: 20070040832
Supporting Documents Legal Description - Word Format