HomeMy WebLinkAbout10.0 TITLE COMMITMENTCommonwealth Title Company of Garfield County, Inc.
127 E. 5th Street
Rifle, CO 81650
Phone (970) 625-3300 / Fax (970) 625-3305
1322 Grand Avenue
Glenwood Springs, CO 81601
Phone (970) 945-4444 / Fax (970) 945-4449
Date: February 15, 2017
File No. 1702040
Property Address. 8491 Highway 6 & 24, PARACHUTE
Listing Agent
Fleisher Real Estate
1430-A Railroad Avenue
Rifle, CO 81650
Attn: Winette D. Moss
Email: winette@fleisherre.com
Lender
A Lender To Be Determined
Seller
Arlene D. Bush
11193 W. Palmeras Drive
SUN CITY, AZ 85373
Email:
Closing Contacts
Glenwood Springs office - 970-945-4444
Linda Gabossi - linda@cwtrifle.com
Connie Rose Robertson - connie@cwtrifle.com
Jessica Reed - jessica@cwtrifle.com
Selling Agent
Cheryl & Co. Real Estate:
120 West Fifth Street
Rifle, CO 81650
Attn: Renee Morrison
Email: renee.prowest@gmail.com
Buyer
Frances Renee Morrison and Thomas Morrison IV
Rifle office - 970-625-3300
Denna Conwell - denna@cwtrifle.com
Patti Reich - patti@cwtrifle.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1702040
1. Effective Date: February 9, 2017 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06)
Proposed Insured:
Frances Renee Morrison and Thomas Morrison 117
(b) ALTA LOAN POLICY (ALTA 6-17-06)
Proposed Insured:
A Lender To Be Determined, Its Successors and/or Assigns
$384,000.00
$366,560.00
3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and
is at the effective date hereof vested in:
Arlene D. Bush
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
See Attached Exhibit "A"
TITLE CHARGES
Owner's Policy Standard Coverage $1,098.00
Owner's Extended Coverage 65.00
Mortgagee's Policy 125.00
Tax Certificate (3) 45.00
Form 100 50.00
Form 8.1 50.00
Form 100.30 108.00
Delete Standard Exceptions (Lender's) N/C
Closing Protection Letter 25.00
COUNTERSIGNED: Patrick/ P. 3 u y'weL ,
American Land Title Association
Schedule A
(Rev'd 6-06)
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
Issuing Agent:
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street Rifle, CO 81650
File No. 1702040
EXFIIBIT "A"
A parcel of land situated in the East half of the Southeast Quarter of Section 11 and the West half of the Southwest
Quarter of Section 12, Township 7 South, Range 96 West of the 6th Principal Meridian, County of Garfield, State of
Colorado, being more particularly described as follows:
Commencing at a U.S. B.L.M. cadastral survey aluminum capped survey monument for the Quarter corner common to
said Section 11 and said Section 12 whence a U.S. G.L.O. brass capped survey monument for the South comer common
to said Section 11 and said Section 12 bears South 01°0T04" West a distance of 2652.88 feet with all bearings here
relative thereto; thence South 01°02'04" West, a distance of 2133.51 feet to the POINT OF BEGINNING; thence North
89°18'20" West, a distance of 51.64 feet; thence North 29°41'18" West, a distance of 491.77 feet; thence North 52°56'25"
East, a distance of 318.69 feet; thence 319.63 feet along the arc of a 325.00 foot radius non -tangent curve to the right
through a central angle of 56°20'56" with a chord bearing South 46°53'49" East, a distance of 306.90 feet; thence South
18°43'20" East, a distance of 437.25 feet; thence North 89°18'20" West, a distance of 323.56 feet to the Point of
Beginning.
A parcel of land situated in the Southeast Quarter of the Southeast Quarter of Section 11 and in the Southwest Quarter of
Section 12, Township 7 south, Range 96 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being
more particularly described as follows:
Commencing at a 1920 US Government Land Office standard brass cap for the southwest corner of said Section 12
whence a 2-1/2' steel pipe with 3" brass cap marked "THOMPSON PLS 18480" for the West sixteenth comer on the
South line of said Section 12 bears South 89°24'38" East with all bearings herein relative thereto:
Thence along the west line of said Section 12 North 01°02'04" East, a distance of 320.89 feet to the POINT OF
BEGINNING; thence South 89°49'30" West, a distance of 291.10 feet; thence North 00°02'51" West a distance of 627.19
feet; thence South 29°4P 18" East, a distance of 491.77 feet; thence South 89°18'20" East, a distance of 375.21 feet;
thence South 18°43'20" East, a distance of 159.07 feet; thence 47.06 feet along the arc of a 225.00 radius tangent curve to
the left, through a central angle of 11°59'01", with a chord bearing South 24°42'51" East, a distance of 46.97 feet to a
point of cusp; thence South 89°49'30" West, a distance of 397.82 feet to the Point of Beginning.
A parcel of land situated in the Southwest Quarter of the Southwest Quarter of Section 12, Township 7 South, Range 96
West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows:
Commencing at a 1920 US Government Land Office standard brass cap for the southwest corner of said Section 12
whence a 2-1/2" steel pipe with 3" brass cap marked "THOMPSON PLS 18480" for the West sixteenth corner on the
South line of said Section 12 bears South 89°24'38" East with all bearings herein relative thereto:
Thence along the west line of said Section 12 North 01°02'04" East, a distance of 320.89 feet; thence departing said line
North 89°49'30" East, a distance of 397.82 feet to the POINT OF BEGINNING; thence 47.06 feet along the arc of a
225.00 foot radius non -tangent curve to the right, through a central angle of 11°59'01", with a chord bearing North
24°42'51" West a distance of 46.97 feet; thence North 18°43'20" West tangent to said curve, a distance of 596.31 feet;
thence 116.55 feet along the arc of a 325.00 foot radius tangent curve to the left, through a central angle of 20°3T48",
with a chord bearing North 28°59'44" West, a distance of 115.92 feet; thence North 50°43'52" East, a distance of 406.05
feet; thence South 01°02'04" West, a distance of 965.91 feet; thence South 89°49'30" West, a distance of 29.68 feet to the
Point of Beginning.
File No. 1702040
SCHEDULE B - SECTION 1
The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument
recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise
noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located.
1. Warranty deed from Arlene D. Bush vesting fee simple title in Frances Renee Morrison and Thomas Morrison IV.
2. Deed of Trust from Frances Renee Morrison and Thomas Morrison IV to the Public Trustee of Garfield County for the use of A
Lender To Be Determined.
3. Release of record by the Public Trustee of the Deed of Trust from Arlene D. Bush for the use of Ally Bank Corp showing an
original amount of $317,300.00, dated February 7, 2012 and recorded February 15, 2012 as Reception No.814606
4. Receipt of a satisfactory Improvement Location Certificate certified to the company.
5. Execution of a Final Affidavit and Agreement indemnifying the Company against unfiled mechanic's and materialmen's liens.
NM 6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
DISCLOSURES
Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and
settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title
commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such
update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The
title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the
time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured
transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the
Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2,
Section 5, Paragraph G.
Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for
the prospective insured owner may be available upon compliance with the following conditions:
A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or
townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on
the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits
indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C
above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the
Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the
insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M.
Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter
which may, upon request, be provided to certain parties to the transaction.
Pursuant to C.R.S. §10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained from the County Treasurer's authorized agent; C) The 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;
and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been
provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed
Insured has notified or instructed the company in writing to the contrary
C.R.S. §30-10-406 requires 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 any document that does not conform.
Pursuant to C.R.S. §10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule
B, Section 2.
A) 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 B) That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding).
Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall
disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a
matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law"
C.R.S. §39-14-102 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 and 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.
File No. 1702040
SCHEDULE B - SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction
of the company:
1. Rights or claims of parties in possession not shown by the Public records.
Note: This exception will be deleted on the final policy upon compliance with the requirements herein.
2. Easements, or claims of easements, not shown by the public records.
Note: This exception will be deleted on the final policy upon compliance with the requirements herein.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the
premises would disclose, and which are not shown by the public records.
Note: This exception will be deleted on the final policy upon compliance with the requirements herein.
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.
Note: Exception No. 4 will be deleted upon receipt of Final Affidavits and Agreements indemnifying the Company against unfiled
mechanic's and materialmen's liens.
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 value the estate or interest or mortgage thereon
covered by this commitment.
Note: Exception 5 will be deleted on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed
transaction and records the applicable instruments of conveyance.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
Note: Exception 6 will read: "General taxes and assessments for the year 2017 and thereafter, not yet due and payable." on the
final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
9. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded March 30,
1912 in Book 71 at Page 534.
10. Reservation of 51% of all minerals, oil, gas and other hydrocarbons as described in deed recorded August 26, 1944 in Book 214 at Page
239 and any and all interests therein or assignments thereof.
`11. Easement granted to Barrett Energy Company in right of way agreement recorded March 14, 1988 in Book 730 at Page 287. (Exact
location not defined)
12. Terms and conditions of Extra Territorial Water Service Agreement recorded May 23, 2001 in Book 1255 at Page 99.
13. Easements, rights of way and all other matters disclosed on the Boruch Exemption Plat recorded May 12, 2001 as Reception No. 603335
and as amended by plat recorded February 12, 2003 as Reception No. 620603.
14. Easement granted to Williams Production RMT Company in instrument recorded July 28, 2003 in Book 1498 at Page 187. (Exact location
not defined)
15. Easement granted to Bargath Inc. in instrument recorded July 17, 2006 in Book 1820 at Page 915 and amended June 11, 2007 in Book
1936 at Page 564.
16. Easement and right of way granted to Williams Production RMT Company in instrument recorded July 28, 2003 in Book 1498 at Page 187
and recorded June 25, 2007 in Book 1941 at Page 133, and in Road Access Agreement recorded June 11, 2007 in Book 1936 at Page 558.
17. Pipeline right of way as granted to Encana Gathering Services (USA) Inc. as described in instrument recorded June 6, 2005 in Book 1694
at Page 198.
(continued)
File No. 1702040
SCHEDULE B - SECTION 2
18. Terms and conditions of Town of Parachute Ordinance No. 369 recorded April 18, 1996 in Book 974 at Page 539 and Resolution No.
2005-25 recorded February 16, 2005 in Book 1663 at Page 200.
19. Memorandum of Surface Use Agreement recorded December 6, 2004 in Book 1644 at Page 750 and memorandum of Second Amended
Surface Use Agreement recorded September 24, 2007 as Reception No. 733717.
20. Right of way and easement granted to Town of Parachute in instrument recorded August 4, 1983 in Book 632 at Page 177.
21. Right of way easement granted to Ballard Petroleum, LLC in instrument recorded February 13, 2001 in Book 1231 at Page 637.
22. Right of way easement granted to Williams Production RMT Company in instrument recorded December 17, 2001 in Book 1312 at Page
471.
23. Easements, rights of way and all other matters shown on Property Line Adjustment Survey by River City Consultants, Inc, Job No.
1039-00107.
24. Access is limited to terms of Grant of Reciprocal Easements recorded September 6, 1994 in Book 914 at Page 847 and on Amended Plat
recorded February 12, 2003 as Reception No. 620603 and Grant of Easement recorded February 26, 2015 as Reception No. 859648.
25. Reservation of one-half ('/) of mineral rights in instrument recorded March 30, 2005 in Book 1674 at Page 563 and any and all
assignments thereof or interests therein.
26. Easement granted to Public Service Company of Colorado in instrument recorded January 16, 2014 as Reception No. 845350.
27. Terms and conditions of Oil and Gas Lease by and between Arlene D. Bush, as Lessor and WPX Energy Rocky Mountain, LLC, as Lessee,
recorded June 24, 2014 as Reception No. 850608 and any and all interests therein or assignments thereof.
28. Right of way for ditches and canals in place and in use.
NOTE: EXCEPTION(S) 1,2,3 and 4 WILL NOT APPEAR IN THE OWNERS AND MORTGAGEE'S POLICY TO BE
ISSUED HEREUNDER. 1
The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B -
Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in
Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales.
NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company.
Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction.
American Land Title Association Commitment
Schedule B - Section 2
Form 1004-12
COMMONWEALTH TITLE COMPANY PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that
you may be concerned about what we will do with such information - particularly any personal or financial information. We agree
that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy
Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from any other source, such as information obtained from a public record or from another person or
entity.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
•
•
Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means.
Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the
period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and
casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal
companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other
financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.