HomeMy WebLinkAbout1.03 Land title guaranteeDate: 09-22-2010 Property Address: Land Title Guarantee Company CUSTOMER DISTRIBUTldN Our Order Number: ACT63005811 5445 COUNTY ROAD 154, GLENWOOD SPRINGS, CO (SITE NUMBER COU4140/FA
#10148152) GLENWOOD SPRINGS CO 81601 BLACK & VEATCH CORPORATION 6300 S SYRACUSE WAY SUITE 300 CENTENNIAL, CO 80III Attn: ETHAN GOODWIN Phone: 720-834-4248 Copies: 1 EMail: goodwine@bv.com
Linked Commitment Delivery LAND TITLE GUARANTEE COMPANY 3033 E 1ST AVE #600 PO BOX 5440 DENVER, CO 80206 Attn: CHARLIE CARTWRIGHT Phone: 303-32 1-1880 Fax: 303-322-7603 Copies: 1 EMail:
ccartwright@ltgc.com Linked Commitment Delivery If you have any inquiries or require further assistance, please contact __ J,CdOWIll!lmWe;arjJci!J!aLI T,,"iwtl~e-=---1,Ld!ill!!ld!l!a-,Sl.1tai!!f!!fol
lr.!Jd~_ Phone: 303-850-4180 Fax: 303-393-4824 Form DELIVERY.LP
I LTG Policy No. LTAQ63005811 Form PIB/ORT CElL TOWER INFORMATION BINDER Our Order No. ACT63005811 Liability: $75,000.00 Fee: $750.00 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, BLACK & VEATCH 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 August 25, 2010 at 5:00 P.M. 1. Title to said estate or interest at the date hereof is vested
in: H LAZY F MINI STORAGE, LLC 2. The estate or interest in the land hereinafter described or referred to covered by this Binder is: A Fee Simple Land Title Guarantee Company Representing
Old Republic National Title Insurance Company
I LTG Policy No. LTAQ63005811 Form PIB/ORT Our Order No. ACT63005811 3. The land referred to in this Binder is situated in the State of Colorado, County of described as follows: SEE
ATTACHED PAGE(S) FOR LEGAL DESCRIPTION 4. The following documents affect the land: GARFIELD l. DEED OF TRUST DATED DECEMBER 17, 2007 FROM H LAZY F MINI STORAGE, LLC TO THE PUBLIC TRUSTEE
OF GARFIELD COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $9,250,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED DECEMBER 18,2007, UNDER RECEPTION NO.
739525. 2. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES
PATENT RECORDED MAY 16,1897, IN BOOK 12 AT PAGE 460. 3. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED
MAY 16, 1897, IN BOOK 12 AT PAGE 460. 4. THE FOLLOWING RESERVATIONS AND EXCEPTIONS APPEAR IN THE PATENT FROM THE UNITED STATES RECORDED DECEMBER 14, 1961 IN BOOK 338 AT PAGE 126: (A)
RESERVING A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES. (B) EXCEPTING AND RESERVING, ALSO, TO THE UNITED STATES, ALL THE OIL AND Land Title
Guarantee Company Representing Old Republic National Title Insurance Company
I LTG Policy No. LTAQ630058Il Form PIB/ORT Our Order No. ACT630058Il 4. The following documents affect the land: (continned) GAS IN THE LANDS SO PATENTED. AND TO IT OR PERSONS AUTHORIZED
BY IT. THE RIGHT TO PROSPECT FOR. MINE, AND REMOVE SUCH DEPOSITS FROM THE SAME UPON COMPLIANCE WITH THE CONDITIONS AND SUBJECT TO THE PROVISIONS AND LIMITATIONS OF THE ACT OF JULY 17,1914
(38 STAT. 509). (C) THIS PATENT ENTRY WAS MADE UNDER SECTION 29 OF THE ACT OF FEBRUARY 25, 1920 (41 STAT. 437) AND THE ACT OF MARCH 4, 1933 (47 STAT. 1950) AND THE PATENT WAS ISSUED
SUBJECT TO THE RIGHTS OF PRIOR PERMITTEES OR LESSEES TO USE SO MUCH OF THE SURFACE OF SAID LANDS AS IS REQUIRED FOR MINING OPERATIONS, WITHOUT COMPENSATION TO THE PATENTEE FOR DAMAGES
RESULTING FROM PROPER MINING OPERATIONS. (D) THIS PATENT WAS ISSUED SUBJECT TO A RIGHT OF WAY FOR PUBLIC ROADS AND UTILITY PURPOSES, IN ALL LAND IN SAID LOTS 32, 33 AND 35 LYING SOUTH
OF AND PARALLEL TO THE CENTERLINE AND ALL LAND IN SAID LOT 36 LYING WITHIN 200 FEET ON EITHER SIDE OF AND PARALLEL TO THE CENTERLINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT
OF WAY. 5. EASEMENT DEED RECORDED AUGUST 19, 1981 IN BOOK 579 AT PAGE 589. 6. ROAD EASEMENT 20 FEET IN WIDTH AS SET FORTH IN WARRANTY DEED RECORDED OCTOBER 23, 1979 IN BOOK 538 AT PAGE
280. 7. TERMS, CONDITIONS AND STIPULATIONS CONTAINED IN QUIT CLAIM DEED RECORDED MARCH 5, 1981 IN BOOK 566 AT PAGE 864. 8. ROAD EASEMENT 20 FEET IN WIDTH AS SET FORTH IN QUIT CLAIM DEEDS
RECORDED FEBRUARY 17,1982 IN BOOK 592 AT PAGE 999 AND RECORDED FEBRUARY 17, 1882 IN BOOK 593 AT PAGE I. 9. RIGHT OF WAY EASEMENT RECORDED NOVEMBER 4,1981 IN BOOK 585 AT PAGE 137. 10.
TERMS, CONDITIONS AND STIPULATIONS CONTAINED IN THE RESOLUTION RECORDED DECEMBER 22, 1981 IN BOOK 589 AT PAGE 160. 11. RIGHT OF WAY FOR GLENWOOD SPRINGS DITCH THROUGH SUBJECT PROPERTY,
AS CONVEYED TO THE GLENWOOD IRRIGATION COMPANY BY DEED RECORDED JUNE 17, 1901 IN BOOK 44 AT PAGE 457, IN WHICH THE SPECIFIC LOCATION OFTHE RIGHT OF WAY IS NOT DESCRIBED. 12. EASEMENT
FOR ROAD PURPOSES BEING 20 FEET IN WIDTH ALONG THE WESTERLY LINE OF SUBJECT PROPERTY.
J LTG Policy No. LTAQ63005811 Form PIB/ORT Our Order No. ACT63005811 4. The following documents affect the land: (continued) 13. EASEMENT AND RIGHT OF WAY FOR CONSTRUCTION, OPERATION
AND MAINTENANCE OF AN ELECTRIC TRANSMISSION OR DISTRIBUTION LINE OR SYSTEM AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED MAY IS, 1976 IN BOOK 484 AT PAGE
348. 14. EASEMENTS AND RIGHTS OF WAY TO BE USED FOR NON-EXCLUSIVE ACCESS AND UTILITY EASEMENTS, AS GRANTED TO JAMES M. MITCHELL AND MARY LOU MITCHEL IN DEED RECORDED JANUARY 31, 1978
IN BOOK 505 AT PAGE 443. 15. EASEMENT FOR ACCESS AND UTILITY PURPOSES BEING 20 FEET IN WIDTH AS GRANTED TO CHARLES R. CORYELL BY DOCUMENT RECORDED APRIL 2, 1975 IN BOOK 471 AT PAGE 105
AS SAME CROSSES SUBJECT PROERTY. 16. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS GRANTED IN INSTRUMENT RECORDED MARCH 27, 1991 IN BOOK 801 AT PAGE 64 AND
AMENDMENT RECORDED JUNE 28, 1991 IN BOOK 807 AT PAGE 303. 17. EASEMENTS AND RIGHTS OF WAY AS GRANTED IN INSTRUMENT RECORDED SEPTEMBER 22, 1993 IN BOOK 876 AT PAGE 248. 18. EASEMENTS
AND RIGHTS OF WAY AS GRANTED IN INSTRUMENT RECORDED DECEMBER 22, 1994 IN BOOK 926 AT PAGE 276. 19. TERMS, CONDITIONS AND PROVISIONS OF GRANT AND AGREEMENT OF EASEMENT RECORDED MAY II,
2010 AT RECEPTION NO. 785882.
..-______________________ --11 LTG Policy No. LTAQ63005811 Our Order No. ACT63005811 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN SECTION I, TOWNSHIP 7 SOUTH, RANGE 89
WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WITNESS CORNER OF LOT 36, SECTION I, A BRASS CAP FOUND IN PLACE AND
PROPERLY MARKED (WHENCE THE TRUE NORTHWEST CORNER BEARS S. 01 DEGREES II '05" W. 10.00 FEET); THENCE S. 11 DEGREES 33'49" W. 624.37 FEET TO THE TRUE POINT OF BEGINNING; THENCE N. 88
DEGREES 59'26" E. 126.34 FEET; THENCE N. 84 DEGREES 24'20" E. 78.19 FEET TO A POINT ON THE WESTERLY LINE OF A PARCEL OF LAND RECORDED AS RECEPTION NO. 261923 IN THE GARFIELD COUNTY CLERK
AND RECORDER'S OFFICE; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING COURSES AND DISTANCES: S. 18 DEGREES 38'00" E. 40.79 FEET; THENCE S. 18 DEGREES 31'00" E. 53.75 FEET; THENCE S. 04
DEGREES 41 '00" E. 102.82 FEET; THENCE S. 15 DEGREES 10'00" E. 80.07 FEET; THENCE S. 00 DEGREES 17'00" E. 51.95 FEET; THENCE S. 07 DEGREES 56'00" W. 38.23 FEET; THENCE LEAVING SAID WESTERLY
LINE S. 88 DEGREES 26'01" W. 159.79 FEET; THENCE N. 06 DEGREES 13'49" W. 115.73 FEET; THENCE N. 29 DEGREES 42'12" W. 82.41 FEET; THENCE N. 44 DEGREES 08'24" W. 65.48 FEET; THENCE N.
00 DEGREES 04'46" E. 120.10 FEET TO THE TRUE POINT OF BEGINNING. ALSO KNOWN AS: PARCEL 2, AMENDED STOWE EXEMTION PLAT. COUNTY OF GARFIELD STATE OF COLORADO
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; (e) "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 Iiabile under this Binder shall be fUfllished
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, CTIB.ORT Cover Page' of 2
) ) 6. Limitation of Liability -Payment of Loss (a) The liability of the Company under this Binder shall be Iimiled to the amount of aClualloss sustained by the Assured because of reliance
UpOIi the assurances herein set [orth. but in no event shall the liabiity exceed the amount of the liability slaled on the face page hereof. (b) The Company will pay all costs imposed
upon the Assured in litigation carri ed on by the Company for the Assured, and all costs and altorney's fees in litigation carried all by the Assured with the written authorization of
the Company. (c) No claim for loss or damages shall arise or be maintainable und er 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 selliing 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)
Olereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made witJlOut producing this Binder or an acceptabl e copy thereof for endorsement of the
payment unless Ole 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
fi xed in accordance with the conditions of this Binder, the loss or damage shall be payable within thi rty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company
shall have settled a claim under Olis Binder, all right of subrogation shall vest in the Company unaffec ted 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 persoll or property in respect 10 tJle claim had this Binder not been issued. If the paymellt does not cover the
loss of the Assured , the Company shall be subrogated to the rights and remedies in the proporlion which the payment bears to the amount of sa id loss. The Assured , ifrequesled by the
Company, shall transfer 10 the Company all rights and remedies aga inst any person or proprly necesary in order to perfect tJle right of subroga tion, and shall permit the Company to
use the lIam e of the Assured in any transaction or litigation involving the rights or remedies. 8. Bindel' Entire Contract Any action or actions or rights of action that Ole Assured
Illay have or fIlay bring against the Company arising out of the subject mailer hereof must be based on the provisions of this Binder. No provision or condition of tJlis Binder can be
waived or changed exce pt by a writing endorsed or allached hereto signed by the President, a Vice PreSident, the Secretary, an Assistant Secretary or other validating ort"icer 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 add ressed to it at 400 Second
Avenue SOUOI, Minneapolis, Minnesota 55401 , (61 2) 371-1111. 10. Arbitration Unless prohibited by applicable law, either the Company or lhe insured may demand arbitration pursuant to
the Title Insurance Arbitration Rules of the American Arbitration Association. tssued through the Office of: LAND TITlE GUARANTEE COMPANY 1317 GRAND AVE #100 GLENWOOD SPRINGS. CO 81601
303·850·4180 PI B.ORT Cover Page 2 of 2
LAND TITLE GUARANTEE COMPANY INVOICE Customer Reference No. Record Owner: H LAZY F MINI STORAGE, LLC Property Address: 5445 COUNTY ROAD 154, GLENWOOD SPRINGS, CO (SITE NUMBER COU4140/FA
#10148152) GLENWOOD SPRINGS CO 81601 When referring to this order, please reference our Order No. ACT63005811 Date: September 22, 2010 -CHARGESCell Tower Information Binder $750.00 --Total--$750.00
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: LAND TITLE GUARANTEE COMPANY 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601
Account Number OwnerName In Care Of Address 2 City State ZipCode Situs House Number R111490 H lAZY F MINI STORAGE LLC 5317 COUNTY ROAD 154 GLENWOOD SPRINGS CO 81601 5445 R111490 H LAZY
F MINI STORAGE LLC 5317 COUNTY ROAD 154 GLENWOOD SPRINGS CO 81601 5445 Rl11S16 CARBONDALE RURAL FIRE PROTECTION DIST RON LEACH, DISTRICT CHIEF 300 MEADOWOOD DRIVE CARBONDALE CO 81623-9212
5449 R11l816 CARBONDALE RURAL FIRE PROTECTION DIST RON LEACH, DISTRICT CHIEF 300 MEADOWooD DRIVE CARBONDALE CO 81623-9212 5449 R011042 MCKINLEY, DONALD E LONDON, BELINDA 255 STARNES
COVE ROAD CANDLER NC 28715 266 R011270 D & J ENTERPRISE, LLC 12149 BASELINE ROAD LAFAYETIE CO 80026 244 R112102 ROARING FORK TRANSPORTATION AUTHORITY 530 E MAIN STREET ASPEN CO 81611
R011419 CORDOVA, LUCY M PO BOX 94 FORT GARLAND CO 81133-0094 5439 R011419 CORDOVA, LUCY M PO BOX 94 FORT GARLAND CO 81133-0094 5439 R111291 H lAZY F, LLC PO BOX 185 CARBONDALE CO 81623
5387 A111291 . H LAZY F, LLC PO BOX 185 CARBONDALE CO 81623 5387 A112021 RUDD LIMITED LIABILITY COMPANY 132 PARK AVENUE BASALT CO 81621 5392 R112021 RUDD LIMITED LIABILITY COMPANY 132
PARK AVENUE BASALT CO 81621 5392 R011143 BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY 108 8TH STREET, SUITE 213 GLENWOOD SPRINGS CO 81601-3363 R011493 SHAW, ARRIE M REVOCABLE TRUST
55 CORYELL RIDGE ROAD GLENWOOD SPRINGS CO 81601-9601 55 R112020 RUDD, WAYNE & SUSAN J 132 PARK AVENUE BASALT CO 81621-9338 5398 R112020 RUDD, WAYNE & SUSAN J 132 PARK AVENUE BASALT CO
81621-9338 5398 R111489 5445 ROAD 154, LLC PO BOX 1975 GLENWOOD SPRINGS CO 81602-1975 5447 R111489 5445 ROAD 154, LLC PO BOX 1975 GLENWOOD SPRINGS CO 81602-1975 5447 R011139 STECKEL,
GAILE L & JEANETIE 314 CORYELL RIDGE ROAD GLENWOOD SPRINGS CO 81601-9669 314 R011139 STECKEL, GAILE L & JEANETIE 314 CORYElL RIDGE ROAD GLENWOOD SPRINGS CO 81601-9669 314 R112024 RUDD,
WAYNE & SUSAN J 132 PARK AVENUE BASALT CO 81621-9338 R011026 BELL, ALICE E 228 CORYELL RIDGE ROAD GLENWOOD SPRINGS CO 81601-9602 228
Street Name Designation City Zip Code 154 COUNTY RD GLENWOOD SPRINGS 81601 OLD HIGHWAY 82 GLENWOOD SPRINGS 81601 154 COUNTY RD GLENWOOD SPRINGS 81601 OLD HIGHWAY 82 GLENWOOD SPRINGS
81601 CORYELL RIDGE RD CARBONDALE 81623 CORYELL RIDGE RD GLENWOOD SPRINGS 81601 RAILROAD R.O.W. GLENWOOD SPRINGS 81601 154 COUNTY RD GLENWOOD SPRINGS 81601 OLD HIGHWAY 82 GLENWOOD SPRINGS
81601 154 COUNTY RD GLENWOOD SPRINGS 81601 OLD HIGHWAY 82 GLENWOOD SPRINGS 81601 154 COUNTY RD GLENWOOD SPRINGS 81601 OLD HIGHWAY 82 GLENWOOD SPRINGS 81601 GLENWOOD SPRINGS 81601 CORYELL
RIDGE RD CARBONDALE 81623 154 COUNTY RD GLENWOOD SPRINGS 81601 OLD HIGHWAY 82 GLENWOOD SPRINGS 81601 154 COUNTY RD GLENWOOD SPRINGS 81601 OLD HIGHWAY 82 GLENWOOD SPRINGS 81601 CORYELL
RD CARBONDALE 81623 167 COUNTY AD CARBONDALE 81623 GLENWOOD SPRINGS 81601 CORYELL RIDGE AD CARBONDALE 81623