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HomeMy WebLinkAbout1.04 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: November 4, 2015 File No. 1511013 Property Address. 335 Village Drive, Rifle Taani L. Martinez and Steven Strouse and Gloria Strouse Email: tmartinez@caerusoilandgas.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1511013 1. Effective Date: October 29, 2015 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) $0.00 Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: 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: Taani L. Martinez and Steven Strouse and Gloria Strouse 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: Parcel 1 Rifle Village South Filing No. 1 Amendment Parcels 1, 2, 3 and 4 Amended Plat According to the Plat thereof recorded June 21, 2011 as Reception No. 804128 TITLE CHARGES Owner's Policy Standard Coverage $100.00 COUNTERSIGNED: ___________________PatrickBurwell_____________________________ Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached American Land Title Association Issuing Agent: Schedule A Commonwealth Title Company of Garfield County, Inc. (Rev'd 6-06) 127 East 5th Street Rifle, CO 81650 File No. 1511013 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. Partial release of record by the Public Trustee of the Deed of Trust from Taani L. Martinez and Steven Strouse and Gloria Strouse for the use of Wells Fargo Bank, N.A., showing an original amount of $397,952.00, dated January 25, 2013 and recorded January 31, 2013 as Reception No. 830752. 2. Partial release of record by the Public Trustee of the Deed of Trust from Taani L. Martinez and Steven Strouse and Gloria Strouse for the use of Wells Fargo Bank, N.A., showing an original amount of $77,300.00, dated November 7, 2008 and recorded November 17, 2008 as Reception No. 758789. NOTE: This Deed of Trust secures a home equity line of credit. Note: When the details of this transaction are revealed, the Company reserves the right to make additional requirements and/or exceptions. 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. NOTE: Exception No. 4 of Schedule B - Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder 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. 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. 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. 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. 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. 1511013 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. 2. Easements, or claims of easements, not shown by the public records. 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. 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. 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. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 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 the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded April 4, 2002 in Book 56 at Page 445. 10. Reservation of all oil and mineral rights by S.W. Anderson and Lola M. Anderson in instrument recorded March 4, 1969 in Book 400 at Page 175 and any and all assignments thereof or interests therein. 11. Terms of Garfield County Resolution No. 07-34 recorded April 18, 2007 in Book 1916 at Page 171. 12. Terms of Garfield County Resolution No. 08-113 recorded October 8, 2008 as Reception No. 757038. 13. Conveyance of all oil, gas and other minerals to Laramie Energy II, LLC a limited liability corporation of Delaware in instrument recorded December 26, 2007 as Reception No. 739966, and any and all assignments thereof or interests therein. 14. Restrictions, which do not contain a forefeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion or national origin, imposed upon subject property by instrument recorded July 27, 1977 in Book 499 at Page 167. 15. Easements, rights of way and all other matters shown on the plat of Rifle Village South Subdivision First Filing recorded as Reception No. 227220. 16. Right of way for ditches or canals constructed by authority of the United States, as reserved in United States Patent recorded March 23, 1955 in Book 282 at Page 580. 17. Right of way granted to the Town of Rifle in deed recorded April 13, 1907 in Book 67 at Page 215. 18. Reservation of an undivided one-half interest in all oil, gas, petroleum, hydrocarbons and minerals as described in deed recorded August 12, 1960 in Book 329 at Page 168. 19. Terms and condition of contract to provide water and sewer services and pre-annexation agreement recorded February 12, 2002 in Book 1329 at Page 99. 20. Terms and conditions of Garfield County Resolution No. 2003-10 concerned with the approval of a floodplain special use permit recorded February 20, 2003 in Book 1438 at Page 533. Modified by instrument recorded March 19, 2003 in Book 1448 at Page 270. (continued) File No. 1511013 SCHEDULE B - SECTION 2 21. Terms and Conditions of Garfield County Resolution No. 2006-84 recorded August 15, 2006 in Book 1831 at Page 937. 22. Easements, rights of way and all other matters disclosed on the Rifle Village South Filing No. 1 Amendment, Parcels 1, 2, 3 and 4, Amended Plat recorded June 21, 2011 as Reception No. 804128. 23. Garfield County Resolution No. 2014-76 recorded December 16, 2014 as Reception No. 857182. 24. Terms and conditions of Oil and Gas Lease by and between Taani L. Martinez and Steven Strouse and Gloria Strouse, as Lessor and Laramie Energy II, LLC, as Lessee, recorded May 5, 2011 as Reception No. 802207 and any and all interests therein or assignments thereof. 25. Terms and conditions of Stipulation of Interest recorded May 5, 2011 as Reception No. 802206. NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER. 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.