HomeMy WebLinkAboutSCHOOLSIDE PARK - BDR240009 - SUBMITTAL DOCUMENTS - ROUND 1 - Supporting Documentation�
Date: January 15, 2014
THE CITY OF FQRT COLLINS, COLORADO
3�0 LAPORTE AVE
FORT COLLIN5, CO 80521
Subject: Attached Title Policy FCC25117507
for 5830 S COUNTY RD 11 FORT COLLINS CO 80525
Enclosed please find the Owner's Tit1e Insurance Policy for your purchase af the
property Iisted above.
This title policy is the final step in your real estate transactian, and we want to take
a mornent to reinznd you of its importance. Please review all information in this
document carefully and be sure to safeguard this poiicy along witlz your other legal
documents.
Your owner's policy insures you as long as you own the property and requires no
additional premium payments.
Please feel free to contact any member of our stafi if you have questions or concerns
regarding your policy, ar yau may contact the Final Policy Department directly at
97Q-282-3b49.
As a Colorado--owned and operated title company for over 45 years, with offices
throughaut the state, we take pride in serving our customers one transaction at a time.
We sincerely appreciate your busit�ess and welcome the opportunity to assist you with any
future real estate needs. Not only will Land Title be able to provide you with the title
services quickly and professionally, but you may also be entitled to a discount on title
p�•emiums if you sell or refinance the property described in the enclosed policy.
Thank you for giving us the opportunity to work with you on this transaction. We
look forward to serving yau again in the future.
Sincerely,
Land Title Guarantee Company
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OWNER'S POLICY OF TITLE INSURANCE
ANY NOTICE OF CLAIM AND ANY 07HER NOTiCE DR STATEMENT iN WRITING REflIiIREO 70 BE GIVEN TO TNE COMPANY UNDER
THIS PQLICY MUST BE GEVEN TO THE COMPANY AT 7HE ADDRESS StiOWN IN SECTION 18 OF 7HE CONOITIONS.
cav�R�n R�sxs
SUBJECT 70 THE EXCLUSIONS FROM C�VERAGE, TNE EXCEPTIONS FROM COVEAAGE CONTAlNED !N SCFlEOUtE 6 ANO TNE
CONDITIONS, OLO REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corpnratinn, (the "Company"),
insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after �ate o} Policy, against foss or damage,
not exceeding the Amount of Insuranee, sustained ar incarretl by the Insured hy reason of:
Title being vested other than as stated in Schedule A.
Any defect in ar Eien or encumbrance on the titie; This covered Risk includes but is not limited to insurance against loss ham
{a) A defect io the Tide caused 6y
(i) fosgery, fraud, undue inftaence, duress, incompetency, incapacity, or impersonation;
(ii► failare of any person or Entity to have authorized a transfer ar conveyance;
{iiiy a document aiEecting 7itle not properiy created, executed, witnessed, sealed, acknowledqed, notarized, or defivered;
{iv) failure la perform those acts necessary to create a document by electronic rneans authorized by faw;
(v) a document executed under a falsified, ezpiretl, or otherwise invalid power of attoraey;
{vi) a docurnent not properiy filed, recorded, or indexed in the Public Records irscluding failure ta perform those acts by electronic means authorized by law; or
(vii} a defective judi�ial ar administrative proceeding.
Ib) The lien of real estate taxes or assessments imposed on the Title by a governmenta! authority due or payable, bui unpaid.
(c} Any encraachment, encumhrance, violation, variation, or ad+rerse circumstance afiecting the 7itle that woufd be disclosed by an accurate and complete tand survey ni the
Land. The term "encroachment" inciudes encroachments of ezisting imprnuements lucated an lhe Cand onto ad}oining land, and encroaehments onto the tand of ezisting
improvements Iacated an adjoining land.
3. Unmarketable Title.
4. No right oi access m and from the Land,
5. The violation or enEorcemenl of any law, ordinanee, permit, or govemmental regulation (ncluding those retating to huilding and zoning} restricting, regufating, prohibiting, or relating to
{a) the occupancy, use ar enjoyment of the Land;
(hi the character, dimensians, or location af any improuement erected on the Land;
(c1 the suhdivisinn o( land; ur
(dj environmenial protection
if a notice, describing any part of the Land, is recorded in the Puhlic Records setting forth the vialation ar intentinn to eniorce, 6ut only to the eztent of the violation or
enforcement reierred to in that notice.
6. An enforeement action based on the exercise of a governmental police power not covered by Covered Risk 5 ii a nolice of the enforcement action, describing any part of the
Land, is recartled in the Puhlic Records, bvt only tu the exteni of the enforcement referred to in that notice.
7. 7he exereise of the rights of eminent tlamain if a notice oi the exercise, descri6ing any part of the Land, is recorded in tfie Pubiic Records.
8. Any taking by a governmenlaf body that has oscurred and is binding on the rights of a purc5aser ior value withou! Knowfedge.
9. Title being vested oiher than as statetl in Schedute A or heing defective
1a) as a result of the avaidance in whole ar in part, or from a court order providing an altemative remedy, of a transfer of all or any part of tha title to or any imerest in
the land occurring prior m the transactian vesting 7itle as shown in Sehedufe A because that prior transfer constituted a traudutent or preferemiaf transfer under
federal6ankruptcy, state insolvency, or similar crediiors' riqhEs laws; or
Ib) because the instrument of transfer vesting Title as shown in Schetlule A constitutes a pretereatial iransfer under federal bankruptcy, state insolvency, or
similar creditors' rights laws by reason o{ the failure of its recording in the Public Records
{i) tn 5e timsly, or
{ii) ta impart notice of its existence to a purchaser for value or to a judgment or lien credilor.
10. Any defect ia ar lien or encumbrance an the Titie or other matter ioclutlad in Covered Risks 1 thraugh 9 that has been created or attached or has been liled ar recorded in �he
Public Recortls sabsequen� to Date of Policy and prior to the recording of the deed or other instrumeat oi transter in fhe PuSlic Records that vests 7it(e as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insuretl against 6y this Policy, but anly to the extent provided in the
Conditions.
Issued thraugh the Office of:
LAN� TiTLE 6UARANTEE CUMPANY
772 WHAiERS WAY flt00
FORT COLLINS, GO 80525
974-282-3649
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Qld Republic IVational Title Insurance Gompany
A Stoek Company
400 5ecand Avenue South, Minneapolis, Minoesota 55401
(6l2} 371-i 111
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Mark Bilhrey
President
Rande Yeager
Secretary
Copyright 200G-2012 Americln land Title Association. All rigi�ts reserved. The use of this form is restricted to ALTA licensees and ALTA members
in goad staiiding as of the date of use. All odier uses are prohibited. Reprinted under license from the American Land Title Association.
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nr,�LRICAN
c.nN o •n r�e
ASSOCUTION
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AO.ORT.O6 4ALTA 06•17•06i Cover Page 1 oi 5
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EXCLUSIONS FROM COVERAGE
The following matEers are expressly excluded from the coverage af this policy, and the Campany will not pay loss or damage, costs, attorneys' iees, ar expenses that
arise by reason of:
1. iaj Any law, ordinance, permit, or gauernmentai regulation (including those relating to building and zoning) resUicting, regulating, pro5ihiting or relating to
ii1 the accupancy, use, or enjoyment af the Land;
iiij the character, dimensians, or location of any improvement erected on the Land;
iiii) the subdivision of land; or
iiv} environmental prutection;
or the eifect of any viofation ai these Iaws, ordinances, ar governmental regulaiions. This Exclusion 11a) does not modify or limit the coverage provided under
Govered Risk 5.
ib} Any governmental police power. This Ezciusion 1{b1 does not modify or fimit the coverage provided under Covered Aisk 6.
2. Rights of eminent domain. This Exclusion daes not mndi(y or limit tfie coverage provided under Covered Risk 7 or 8.
3. Detects, liens, encumbraRces, adverse claims, or other matters
ia} created, suffered, assumed, or agreed to by the lnsured Claimant;
ib} not Known ta the Company, not recorded in the Puatic Records at Date o( Policy, but Known to the Insured Cfaimani and not disclosed in writing ta the
Company 6y the losured Glaimant prior to the daie tfie Insured Claimant became an insured under this po{iey;
{c} resul[ing in no loss ar damage to the Insured Claimant;
idI attaching ar created subseqaent to Date of Policy ihowever, this does not modify or limit the coverage provided urtder Covered Risk 9 and 501: ar
(e} resuttiog in (oss oc damage that woultl not have heen sustained if the Insured Claimant had paid value for the Title.
4. Any cfaim, By reason o! the nperation of federal bankruptcy, state insolvency, or similar creditors' righis laws, Ehat the transaction vesting the Titie as shown in
Schedule A, is
(a} a frauduienf conveyance or iraudulert transfer, or
(b1 a preferemial transier for any reason not stated in Covered Risk 3 of this policy.
5. Any lien on the Title 1or real estate taxes or assessments imposed by govemmental authority and creaSed or aitaehing 6etween Oate of Policy and the date oi recortling of
the deed or other iastrument of transier in the Public Recartls that vests Title as shawn in Schedu(e A.
COND[T10NS
1. DEFINITIOIU OF TERMS
The following terms when used in this policy mean:
(a) "Amnunt of Insurance": The amounE stated in Schedule A, as may be increased or decreased 6y endarsement to this policy, inereased by Section 8{6} or
decreased by Sections 10 and 11 of these Conditions.
Ib) "Date of Yolicy": The data designated as "Date of Policy" in Schedule A.
{c1 "Entity": A corparation, partnership, trust, iimited lia6itity company, or other s'smilar legal entity.
(dl "Insured": The fnsured named in Schedule A.
(i) The term "Insured" aSso inclutles
(A) successars to the 7itle oi the tnsured by operation of law as distinguished from purchase, incfutling heirs, devisees, sarvivors, personal
represeotatives, or next o1 kin;
{B� successars to an Insured by dissalution, merger, coasolidation, distribution, or rearganization;
{CJ successars to an lnsured hy its conversion to another kind of Entiry;
{D} a grantee of an lnsored under a deed delivered withaut payment of actual valuable consideration conveying the Tifle
il) if the stock, shares, memberships, ar other equity interests of the grantee ara wholly�owned 6y the named Insured.
{2) if the grantee wholly owns the named Insured,
t3f if the grantee is whally-awned by an afiiliatsd Enlity of the nametl Insured, pravided the aifiliated Entity and the named Insured are
both wholfy-awned by the same person or Entity, or
t4) if the grantee is a irustee or heneficiary of a trust created hy a written instrument established by 1he Insured named in Schedule A
tor estate ptanning purposes.
(ii� Wilh regard to iA}, {g}, (C!, and lD1 reserving, however, all rights and defensed as to any successor that the Company wauld have had againsl any
predecessorfnsured.
ie} "lnsured Claimani": An Insured claiming ioss or damage.
(f} ^Koowledge" or "Known": Actual lcnowledge, not constructive knowledge or noEice that may be imputed to an Insured 6y reason of the Public Records or any
other records that impart conUuCtive notiCe of matters afEeCting the Title.
�g} "Land": The land descri5ed in Schedale A, and affixed improvements that by 1aw constitute reaE property. The term "Land" daes not include any properly beyond
the lines oi ihe area descrihed in Schedale A, nor any right, Iitle, interest, estate, or easement in abutting streets, roatls, avenue, alleys,lanes, ways, or
waterways, but this dues not modify or limit the extent lhat a right of access to and from tha land is insured hy this palicy.
ih} "Mortgage": Mortgage, deed of trust, trust deed, or othersecarity instrument, inclading one evidenced by electronic means autharized by law.
(i) "Public Recards": Recortls established ander state statates at �ate af Policy for the purpose of imparting constructive notiee of matters relating ro real pwperty ro
purchasers }or value and without Knowledge. With respect to Covered Risk 5{df, "Publie Records" shall alsa inclutle environmenta! protection liens filed in the
recards oi the clerk ot the United States District Coun tor the disUict where the Land is located.
(j1 "Title": Tfie estate or interest described in SChedule A.
"Unmarketa6le Title": Title affected by an alleged or apparent matter thai would permit a prospective purchaser or lessee of the Title or lender on the Title to be
releasad from the ohligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF IIYSURANCE
The coverage of this policy shall continue in iorca as of �ate oi Policy in fauar of an tnsured, but only so fong as the Insured retains an estate or interest in the land, or
holds an obligalion secured by a purchase maney Mortgage given by a purchaser from the Insured, or only so long as the lasured shall have lia6iiity 6y reason of
warranties in any transier nr conveyance of the Title. This policy shall not continue in force in lavor nf any purchaser irom the Insared oi either (i) an estate or interest in
the Lantl, or tii) an obligaiion secured 6y a purchase money Mortgage given to ihe Insured.
AO.ORT.06.2 Cover Page 2 of 5
, 3. NbFICE OE CLAIM TO BE GIVEN 8Y INSURED CLAIMAN7
The lnsured shail notiiy the Company promptly in writing (il in case oi any litigation as set iorth in Section 5ia1 oi these Conditians, (ii► in case Knowledge shali cnme to
an fnsured hereunder of any claim af tiUe or intarest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable
by virtue o( this policy, or {iiil if 1he TiUe, as insured, is rejected as Unmarketahle Title. li the Cnmpany is prejudiced by the failure of the Insured Claimant to provide
prompt notice, the Company's liability to the Insured Claimant ¢nder the policy shall be reduced to the exient af the prejudice.
4. PROOF OF LOSS
In the event ihe Company is una6fe to determine the amauM of loss or damage, the Company may, at its optian, reqoire as a condition of payment that thc Insured
Claimant (urnish a signed proaf of loss. The praef af [oss must describe the delect, fiea, encumhrance, or other matter insured against by Ihis po(icy thac consitates the
6asis ni loss ar damage and shall stale, to the extent possible, the 6asis af calculaEing the amount oi the loss ar tlamage.
5. DEFENSE AND PROSECUTION OF ACTIONS
fa� Upon written request by the Insured, antl subject ta the options contained in Sectioa 7 of lhese Corsditions, the Company, at its own cost and witBout
unreasonahle delay, shall provide ior the defense of an Insured in litigation in which any tfsird party asserts a claim covered by this policy adverse to the
Insured. This o6ligation is limited to anly ihose stated causes of aciion alleging matters insured against by thss pnlicy. The Company shall have the right to
select cuunsel of its choice Isubject ta the right of ihe Insured to ohject for ceasonable causel to represent the Insured as to those stated causes of action.
It shali noi be tiahle tor and will not pay Ehe fees of any other caunsel. The Company will not pay any fees, costs, ot expenses incurred by the Insurad in the
defense of those causes of action that allege matters not insured against by this poticy.
ib1 The Company shall have tfie right, in addition ta the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any actian or
pruceeding or to do any othar act that in its opinion may be necessary or desirea6le to estahlish ihe 7itle, as insured, or to prevent or reduce loss or
damage to the Insured. 7he Company may lake any appropriate action under the terms af ihis policy, whether or not ii shall be 1ia61e to the Insured. 7he
exercise af these rights shafl not be an admission oi liability or waiver of any provisian o( this policy. If the Campany exercises its rights under this subsection,
it must to Sa dilit�ently.
(c) Whenever the Company bsings an actian or asserts a detense as required or permitted hy this policy, the Campany may pursue the IiFigation to a iinal
determination by a cnurt nf compeleni jurisdiction, and it expressly resarves the right, in its sale discretiort, to appeal any ativerse judgment or order.
fi. DUTY OF iNSURED CLAIMANT i0 COOPERATE
(aj In all cases where this policy permits or requires the Company to prusecute or provide for the deiense ot any action or praceetling and any appeals, the Insured
shall secure to the Company the right to so prosecute ar provide deiense in the actian or proceeding, incJuding the right to use, at its option, the name of lhe
Insured tor this purpose. Whenever requested by tAe Company, the insured, at the Company's expense, shall give the Company all reasona6le aid {i) in
securing evidence, ohtaining witnesses, prosecuting ar defending the actian or proceeding, or effecting settlement, and iii} in any other lawlul act that in the
opinion of tha Company may 6e necessary or desirable to esta5lish the Title or any other matter as insured. It ihe Company is prejudiced by ihe failure oi the
Insured to furnish the requiretl caoperatian, the Company's obligation tu the Insured under 1he policy shall terminate, including any Iiability or o6tigatioa to
deiend, prosecute, or continue any liligation, with regard to the maiter or matters requiring such coaperation.
(b} The Company may reasonably require Ebe Insured Ctaimant ta su6mit tu examination under oath by any authorized representalive oi the Company and to
praduce for examination, inspectian, antl copying, at such reasona6fa times and p(aces as may he designated by the authorized representative of tha Company,
all recards, in whaEever medium maintained, including books, Iedgers, checks, memorar�da, correspontlence, reparts, e•mails, disks, tapes, and videos whether
bearing a date beiore ar afier �ate ot Policy, ihat reasonahiy pertain to theloss or tlamage. further, ii requested by any autharized representative nf the
Campany, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to ezamine, inspect, and copy all of
these records in the custady or conirol of a;hird party that reasonably pertain to the foss or damage. Afl information designated as canfidential by the Insured
Claimant provided ro the Company pursuani ro this Section shall nnt be disclosed ro athers unless, in the reasonable judgment of the Company, it is necessary in
the administration of the claim. faiture uf the Insured Claimant tn suhmit for examination under oath produce any reasunably requesied inEormaiion, or grant
permissinn to secere reasonably necessary information from third parlies as required in lhis subsection, un(ess prohibited by �aw or goveromental regu(atian,
shall Eerminate any fiability of the Comgany under this policy es to that cfaim.
7. OPTEONS TO PAY OR OTFtERWISE SETTLE C[.A1MS; TERMINA710N OF LIABILI7Y
In case ai a claim under this po�iey, the Gompany shall have t6e foRowing additional options:
ia} To Pay or Tender Payment af the Amount nf Insurance.
To pay ar tender payment af the Amount ot Insurance under this palicy together with any costs, attarneys' fees, and expenses incurred 6y the Insured Claimani
thai were authorized 6y the Company up to the time of payment or tender o! payment and that the Company is ohligated io pay.
Upon the axercise by the Campany of this optian, aIf liability and obtigations af the Company to the Insured under this policy, other than to make the paymeni
required in ihe su6section, shall terminate, including any liability or obligation to defend, prosecute, ar continue any litigation.
{h) To Pay or OEherwise Settle With Parties Other Than the Insared or With the Insured Claimant.
{i1 To pay or otherwise settle with other parties ior or in ihe name of an Insured Claimant any claim insured against under this policy. ln addition, the
Company will pay any cnsts, attorneys' fees, and expenses incurred 6y the Insured Claimant that were authorized by the Campany up to the time of
payment and that the Company is obligated to pay; or
{ii} 7o pay or otherwise sett3e with the Insured Claimant the loss or darnage provided for under this policy, together with any casts, attorneys' fees, and
expensed incurred 6y the Insured Claimant that were authorized by the Company up to the time of payment and that tha Company is ohligated to pay.
Upon the exercise 6y lhe Campany of either oi the options prouided for in su6sections (b)(i) or (iil, ihe Company's obligations ta the (nsored under this
policy for ihe claimetl loss or damage, other than the payments reqaired to he made, shall terminate, including any Iiability or ohligation to defend, prosecute, or
continue any iitigation.
8. DETERMINATION AND EXTENT OF LIABlLITY
This policy is a cantract o( indemnity against actual monetary loss or damage sustained or incurred by Ihe Insuretl Claimant who has suf Eered loss m damage by
reason o1 matters insured againsi hy this policy.
la! The ezient of liability of the Company for Ioss ar damage under this poficy shati not exceed the lesser of
(i1 the Amaunt oi Insurance; nr
(iil the difierence between the valoe of the Title as insured and the value of the Titie subject ta tfie risk insured against hy this policy.
AO.ORT.08.3 Cuver Page 3 af 5
(h) kf the Campany pursues its rights under Section 5 of these Gonditions and is unsuccessEul in estahlishing the Title, as insured,
(ij ihe Amaunt of Insuranee shall he increased by J9%, and
(iii the Insured Claimant sfiall have the right to have the lass ar damage determined either as of the date the claim was made by the Insured Claimant
or as of the date it is setited and paid.
(c1 In addition to the ezient o} liability ander (a) and Ib), ihe Company will also pay those costs, attorneys' fess, and ezpenses incurred in accordanee with Sections
5 and 7 of these Conditions.
9. LIM[7A710N OF LiA81LITY
{a) If the Company estahtishes ihe 7itte, or removes the a(leged defect, lien, or encumbrance, or cures the lack of a right of access to or lrom tha Land, or cures
ihe claim of Unmarketable 7itle, afi as insured, in a reasonab[y diligent rnanner by any methad, including litigation and the cnmpletion o1 any appeals, it shall
have fully periormed its obligations with respect ia that matter and shall nat ba liahie far any loss or damage caused ta the Insured.
ibi In the event of any litigation, including litigatian by ths Company ar with the Company's cansenl, the Campany shall have no liability for loss or damage unti(
there has been a final determination by a court of compelent jarisdiction, and dispositino nf all appeals, adverse to the Title, as insured.
{c) 7he Company shall not he liable far fass or damage to the Insured far liability voluntarily assumed by the Insured in settling any claim ar suii without the prior
written consent of the Company.
10. REDUCTiON OF INSURANGE; REDUC7lON OR TERMINAT[ON OF LIABILITY
All payments under this policy, except payments made for costs, attorneys' iees, and expenses, shall reduce the Amaunt oi Insurance by the amount oi the payment.
1 t. LIABfL17Y NONCUMUI.ATIVE
The Amount of Insurance sha(l be reduced by any amount the Company pays under any poliey insuring a Mortgage to which exception is taken in Schedule B ar to which
the Insured has agreed, assumed, or taken su6jest, ar which is executed by an fnsured after Date oi Policy and which is a charge or lien an the 7itfe, and the
amouni so paid shail he deemed a payment to the Insured untler this poficy.
12. PAYMENT OF LOSS
When liability and the extent oi toss or damage have been definitely fixed in accordance with these Conditions, the payment shali be made within 30 days.
13. RIGNTS Of RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever Che Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights oi the Insured Claimant in the Title
and all other rights and remedies in respect to ihe claim that the Insured Claimant has against any person or propeny, to the extent of the amaunt of any
loss, costs, attorneys' fees, and expenses paid by the Company. ff requested by the Company, the Insured Claimant shall ezecute dacuments to evidence the
transfer to the Cnmpany of tbese rigfits and remedies. The Insured Claimant shall paimit the Company ta sue, compromise, or setile in the name af the
Insured Claimant and to use the name of Ihe lnsured Claimant in any transaction or litigation invaiving these rights and remedies.
If a payment on account o( a claim does not ful{y caver the Ioss oi ihe Insured Ciaimant, the Company shall defer the ezercise af its right to recaver until a(ier
the Insured Claimant shall have recouered iis Ioss.
(b} The Company's righf oi suhrogatinn includes the rights of the Insured to indenanities, guaranties, other policys oi insuranse, or bonds, notwithstanding
any terms or canditions contained in thuse instruments ihat address subrogation rights.
14. ARB[TRATI�N
Either the Cnmpany nr the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant ta the Titfe Insurance Ar6itratian Rutes oi the
American Land Tit(e Association ("Rules"). Except as pravided in the Rules, there shall 6e no jninder or consalidation with claims or controversies ot other persons,
Ar6itra6le matters may include, 6ut are nnt limiled to, any controversy or claim between the Company and ihe Insured arising ouf of or relating ta this palicy, any
service in connestian with its issuance or the hreach of a policy provision, or to any other coniroversy or claim arising out of the transaction giving rise to this policy. pil
arbitrable matters when the Amou�t of Insurance is 52,000,000 or less shall he arbitratetl at the option o( either the Company or Ihe Insured. All arbitrahle matters
when the Amount af lnsurance is in excess of 52,000,000 sbal3 be arhitrated only when agreed ta hy both the Company and the insured. Arbitration porsuant to this
policy and under the Rules shafl be biading apon the parties. Judgment upon the award rendered by the Arbitratar(s} may be entered in any court of competent juristliction.
15. LiABILITY LIMITED TO THIS POLICY; POLIGY ENTIRE CO3UTRACT
{a1 This policy together with aU endorsements, if any, attached to it By the Gompany is the entire policy and contract between the Insured and the Company. In
intetpreting any provision of this policy, this policy shall be consFrued as a whole.
(61 Any claim ar loss or damage that arises out ot the status of tha Titie ar 6y any action asserting such claim shall be restricted to this policy.
(c1 Any amendment oi or endorsement to this policy must be in writing and authentisaied hy an authurizetl person, or expressly incorpnrated 6y
Schedu)e A of this pniicy.
(d) Each endarsement 10 lhis poliCy issued at any time is made a part of this policy and is subject to ail nf its Ferms and prnvisions. Ex�ept as the endocsement
expressly states, it does not {i) modify any of the terms and provisiaas of the poticy, {ii1 modify any prior endorsement, Iiiii eztend the Date of Policy,
or {iv} inerease the Amaunt of Insurance.
16. SEVERABlI.ITY
!n the event any provisian oi this pnlicy, in whole or in part, is he(d invalid or unenforceabe under applicable law, the palicy shall he deemetl not to include lhat
provision or such part held to be invalid, but al[ other provisions shall remain in IuEI farce and effect.
AQ.ORT.06.4 Caver Page 4 of 5
I f
�7. CHOICE OF LAW; FORUM
fa1 Choice of Law; The Insured acknowledges the Company has underwritien the risks covered by this policy and tletermined the premium charged therefor in
retiance upon ihe Iaw affecting interests in real graperty and applicahle to the interpretation, rights, remedies, or enlorcement of poiicies of iitle inavranca ni the
jurisdicton where the Land is Incatetl.
Therefore, the court or an ar6itrator shall apply the law nt the jurisdiction where the Land is focated to determine the validity oi claims against the Tiile ihai are
adverse to tfie Insured and to inierpret and entorce the terms of this policy. In neither case shall the court or arbitrator apply its conflicis of law principles to
determine ihe appiicahie law.
(bi Choice of Forum; Any litigation or other proceeding 6rought by the Insured against the Gompany must he fited only in a state ar federal court within the
United States of America or its territories having appropriate jurisdiction.
18. NO?ICES, WHERE 3EN7
Any aotice oi cfaim and any other notice or statement in writing required to be given to the Company under this poficy must be giuen to the Campany at
4D0 5ecund Avanue South, Minoeapolis, Minnesota 55401, (6i2y371•1111.
ANTI-FRAUD STATEMENT: Pursuant to CRS 10-1-128(G)(a), it is unln�vful to knowingly provide false, incomplete, or misleading facts
or i»�ormatim� to an insurance con►pany for the purpose of def'r�udiug or attetnpting to defraud tlze company. Pena[ties may incl�ede
i�nprisonment, fues, deniai of insurance and civil damages. Any insura��ce company� or agent of an insarance con�pauy wUo k�iowi»giy
provicics false, inconiplete, or nusleading facts or informatiun ko a policyholder or claimant for the pw•pose of defr:suding or attemptiE�g fo
defraud tE�e policyliolder or claiinaut Fti-itl� regard to a settlemeni or awar�i payabte froru iusurance proceeds shall be reported to the
Cotorado division of insurauce �vithiu the department of regulator�� agencies.
Tliis anti-fraud statement is affiaed and made a part of Uiis poiicy.
AO.ORT.06.5 Cover Page 5 of 5
�
� " Form AO/ORT
LTG Policy No. OX251 I7507
Land Title Guaz•antee Company
Representing Old Republic Nationai Title Insurance Company
Our Order No. FCC2S117S07 Sctteduie A A�ttount $340,000.00
Property Acldress: 5$30 S COUNTY RD 11 FORT COLLINS CO 80525
l. Policy Date: November 13, 2013 at 5:04 P.M.
2. Name of Insured:
THE CITY OF FORT CULLINS, COL(�RAD4, A MUNTCIPAL CORPQRATION
3. Tiie estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is:
A Fee Simple
4. Title to tl�e estate or interest covered by tliis policy at the date hereof is vested in:
THE CITY OF FORT COLLINS, COLORADO, A MUNICIPAL CORPORATION
5. Tl�e land referred to in tliis policy is described as follows:
LQT 1, LBHMAN-TIMBERLINE MINOR LAND DIVISION, C4UNTY OF LARIMER, STATE OF
COLORADO.
This Policy valid oniy if Schedule B is attached.
Copyriglit 2Q06-2013 A�nerican Land Title Association. All rigl�ts rescrvecl.
Tl�e use of this rorm is restrictecl to ALTA licensees a»d ALTA members in good standing as of tl�e date of use.
All otl�er uses are prohiUited. Reprinted under license from [hc American Land Tit[e Association.
�
AM ERi CnN
LANU 717LE
nssocinnoN
.�
Form AO/ORT
Our Order No. FCC25117507
Schedule B
LTG Policy No. OX2S 117�07
This policy does not insure against ]oss ar damage by reason of the following:
1. Any facts, rights, interests, or claims thereof, not sl�own by tI�e Public Records but that could be ascertained by an
inspection of the Land or that may asserted by persans in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Recards.
3. Any eneroachment, encumbrance, vialation, variation, or adverse circumstance affecting the Title that wauld be
disclosed by an accurate and complete tand survey of the Land and not shown by tl�e Public Records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed hy law ancl
no[ shown by the Public Records.
5 {a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance tl�ereof; (c)
water rights, ciain�s or title to water, whether or not d1e rnatters excepted under (a), (b), or (c) are sl�otiv�� by the
Public Records.
6. 2Q13 TAXES AND ASSESSMENTS N4T YET DUE OR PAYABLE.
7. EXISTING LEASES AND TENANCIES, IF ANY.
8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THBREFROM SHOULD TI-IE SAME BE FOUND TO PENETI2ATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED 3UI,Y 09, 1870, IN BOOK T AT
PAGE i 18.
9. I2IGHT OF WAY FOR COUNTY ROAD AS ESTABLISHED AND/OR USED.
10. RIGHT OF WAY FOR MAIL CREEK DITCH AS ESTABLISHED AND/OR USED.
11. RIGHT OF WA�' EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC
ASS(�CIATION, INC. IN INSTRUMBNT RECORDED MARCH 3I, 1978, IN BOOK 1845 AT
PAGE 58a.
12. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF FORT COLI.,INS IN INSTRUMENT
RECORDED JULY 03, 2003, UNDER RECEPTION N0. 20030083316.
13. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON
OF THE FOLLOWING FACTS SHOWN ON ALTA/ACSM LAND TITLE SURVEY DATED MAY i4,
2013 PREPARED BY KING SUR��EYORS, INC., JOB#� 2012526ALTA: