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HomeMy WebLinkAboutNITTMAN SUBDIVISION - FDP200008 - SUBMITTAL DOCUMENTS - ROUND 1 - SUPPLEMENTAL INFORMATIONLAND TITLE GUARANTEE COMPANY Date: February 03, 2020 Subject: Attached Title Policy/Guarantee Enclosed please find your product insuring the property located at 1000 SCENIC DR, FORT COLLINS, CO 80526. If you have any inquiries or require further assistance, please contact Land Title Customer Care Team at (970) 282- 3649 or customercare@ltgc.com Chain of Title Documents: Larimer county recorded 01/27/2014 under reception no. 4409 Larimer county recorded 12/26/1990 under reception no. 60386 Plat Map(s): Larimer county recorded 04/24/1991 under reception no. 16843 Property Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: 3. Prosecution of Actions 1. 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. 2. 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 "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (a) (b) "Public Records"; those records which impart constructive notice of matters relating to said land; (c) "Date": the effective date; "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (d) (e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company. 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. (a) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (b) 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. (c) (d) Mechanic's lien(s), judgment(s) or other lien(s). 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 ofthe Date; or (c) attaching or creating subsequent to the Date. (e) 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. 6. Limitation of Liability - Payment of Loss 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 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 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 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. (a) 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. (b) 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. (c) 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. (d) 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. (e) 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. Copyright 2006-2020 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. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 (303)321-1880 Senior Vice President Liability: $50,000.00 Fee: $500.00 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 INTERMILL LAND SURVEYING INC 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 January 29, 2020 at 5:00 P.M. 1. Title to said estate or interest at the date hereof is vested in: ROXANNA L. NITTMANN 2. The estate or interest in the land hereinafter described or referred to covered by this Binder : A Fee Simple 3. The Land referred to in this Binder is described as follows: LOT 1, NITTMAN MRD #S-122-90, ACCORDING TO PLAT RECORDED APRIL 24, 1991 AT RECEPTION NO. 91016843, COUNTY OF LARIMER, STATE OF COLORADO 4. The following documents affect the land: 1. EXISTING LEASES AND TENANCIES, IF ANY. 2. RESERVATIONS MADE BY UNION PACIFIC RAILWAY, IN DEED RECORDED MARCH 30, 1893, IN BOOK 96 AT PAGE 258, 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 NECESSARY FOR PROPER WORKING OF ANY COAL MINE THAT MAY BE DEVELOPED UPON SAID PREMISES AND FOR TRANSPORTATION OF COAL FROM SAME. 3. RIGHT OF WAY EASEMENT AS GRANTED TO FORT COLLINS-LOVELAND WATER DISTRICT IN INSTRUMENT RECORDED OCTOBER 29, 1971, IN BOOK 1481 AT PAGE 295. Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: FCIF25171831 Policy No.: PIB25171831.1878734 4. TERMS, CONDITIONS AND PROVISIONS OF ROAD AGREEMENT RECORDED MARCH 14, 1972 IN BOOK 1495 AT PAGE 790. 5. TERMS, CONDITIONS, PROVISIONS, RESERVATIONS AND EASEMENTS AS SET FORT ON DEED RECORDED SEPTEMBER 17, 1976 IN BOOK 1722 AT PAGE 939. 6. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT RECORDED DECEMBER 18, 1980 IN BOOK 2093 AT PAGE 28. 7. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT RECORDED APRIL 24, 1991 AT RECEPTION NO. 91016843. 8. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION RECORDED SEPTEMBER 29, 1992 AT RECEPTION NO. 92059665. 9. TERMS, CONDITIONS AND PROVISIONS OF NOTICE RECORDED MAY 20, 2002 AT RECEPTION NO. 2002055115. 10. TERMS, CONDITIONS AND PROVISIONS OF GAS EASEMENT RECORDED MARCH 20, 2013 AT RECEPTION NO. 20130021253. 11. TERMS, CONDITIONS AND PROVISIONS OF STATEMENT AND MAP RECORDED FEBRUARY 14, 2013 AT RECEPTION NO. 20130012282. 12. JUDGMENT IN FAVOR OF STATE OF COLORADO DEPARTMENT OF REVENUE IN THE AMOUNT OF $1,085.00 PLUS COURT COSTS, ENTERED MAY 14, 2013 TRANSCRIPT OF WHICH WAS RECORDED JUNE 24, 2014 UNDER RECEPTION NO. 20140033540. 13. JUDGMENT IN FAVOR OF STATE OF COLORADO DEPARTMENT OF REVENUE IN THE AMOUNT OF $5,455.00 PLUS COURT COSTS, ENTERED OCTOBER 17, 2013 TRANSCRIPT OF WHICH WAS RECORDED JUNE 24, 2014 UNDER RECEPTION NO. 20140033541. NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT. NOTE: THIS BINDER 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. 14. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED NOVEMBER 01, 1994, UNDER RECEPTION NO. 94088840. Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: FCIF25171831 Policy No.: PIB25171831.1878734 INVOICE Land Title Guarantee Company 5975 Greenwood Plaza Blvd Suite 125 Greenwood Village, CO 80111 970-282-3649 INTERMILL LAND SURVEYING INC INTERMILL LAND SURVEYING INC 1301 N CLEVELAND AVE None LOVELAND, CO 80537 Invoice Number: 25171831 Date: February 03, 2020 Order Number: 25171831 Property Address: 1000 SCENIC DR FORT COLLINS 80526 Parties: Roxanna L Nittman Invoice Charges Previous Amount Due: Property Information Binder Total Invoice Amount: Current Balance Due: $0.00 $500.00 $500.00 $500.00 Due and Payable upon receipt Please make check payable to Land Title Guarantee Company and send to the address at the top of Page 1. Please reference Invoice Number 25171831 on your Payment Page 1 invoice.odt 14420 07/2015 07/30/13 11:06:43 AM Reference Your Reference Number: Our Order Number: 25171831 Our Customer Number: 52074.6 Invoice Requested by: INTERMILL LAND SURVEYING INC Invoice (Process) Date: February 03, 2020 Transaction Invoiced By: Dan Greenfield Email Address: dgreenfield@ltgc.com