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HomeMy WebLinkAbout4.01 Title CommitmentSection 4 Miscellaneous documents Property Owners within 200 ft. Relevant Portions – Title Commitment Emails from HOA President regarding ADU Firewise Community Assessment for Wooden Deer Subdivision C O M M I T M E N T f o r T I T L E I N S U R A N C E issued by as agent for WESTCOR LAND TITLE INSURANCE COMPANY Reference: Commitment Number: 0600833-C Commitment Ordered By: Joslyn Wood Wood Nichols, LLC 201 Main Street Suite 305 Carbondale, CO 81623 email: jvw@woodnicholslaw.com Inquiries should be directed to: Mary Scheurich Title Company of the Rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 email: MScheurich@titlecorockies.com Reference Property Address: TBD Wooden Deer Road, Carbondale, CO 81623 SCHEDULE A 1. Effective Date: April 18, 2017, 7:00 am Issue Date: April 28, 2017 2. Policy (or Policies) to be issued: a) ALTA Owner's Policy (6-17-06) Policy Amount: $275,000.00 Premium: $967.00 Proposed Insured: Brad Crawford and Vicki Crawford b) ALTA Loan Policy (6-17-06) Policy Amount: $270,000.00 Premium: $25.00 Proposed Insured: 3. The estate or interest in the Land described or refer red to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: Arthur McMahon 4. The Land referred to in this Commitment is located in the County of Garfield, State of Colorado, and is described as follows: Lot 2, WOODEN DEER SUBDIVISION, according to the Plat thereof filed December 7, 1992, at Reception No. 441908. Commitment No. 0600833-C Schedule B-I Requirements Alta Commitment - 2006 Schedule B-I Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WIT H: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Statement of authority for Arthur McMahon Family Trust, a __________ trust, evidencing the existence of said trust and the authority of one or more trustees to act on behalf of said trust and otherwise complying with C.R.S. 38-30-108.5, et. seq. NOTE: Review Trust Agreement for authority of party(ies) to act on behalf of said trust and complete the transaction contemplated herein. 2. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by the Homeowners Association have been paid through the date of closing. 3. Deed from Arthur McMahon to Brad Crawford and Vicki Crawford. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288- CRA 39-14-102. The Owner's Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4 provided that: (A) The enclosed form, of indemnity agreement or final affidavit and agreement is properly executed and acknowledged by the party(ies) indicated and returned to the Company or its duly authorized agent, and (B) The applicable scheduled charges in the amount of $75.00, are paid to the Company or its duly authorized agent. EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO BY THE COMPANY OR ITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. Commitment No. 0600833-C Schedule B-II Exceptions Alta Commitment - 2006 Schedule B-II Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION II EXCEPTIONS 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. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, right, interests, or claims which are not shown b y the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 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 of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that 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; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Taxes and assessments for the year 2017 and subsequent years, a lien, not yet due and payable. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded February 16, 1918, in Book 112 at Page 488. 9. Subdivision Improvements Agreement recorded December 7, 1992, in Book 849 at Page 73 and re- recorded December 29, 1992, in Book 851 at Page 18. 10. Agreement between Carbondale Land Development Corporation and Wooden Deer Homeowners Association recorded December 7, 1992, in Book 849 at Page 116. 11. Resolution No. 92-086, Approving Preliminary Plan for Wooden Deer Subdivision recorded August 6, 1992, in Book 838 at Page 654. 12. Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded December 7, 1992, in Book 849 at Page 78. 13. Agreement between Carbondale Land Development Corporation and Wooden Deer Homeowners Association recorded December 30, 1992, in Book 851 at Page 295. 14. Easements, rights of way and restrictions as shown on the Plat of Wooden Deer Subd ivision, filed December 7, 1992, at Reception No. 441908. 15. Notice regarding water charges recorded June 5, 1997, in Book 1021 at Page 236. Commitment No. 0600833-C Schedule B-II Exceptions (continued) Alta Commitment - 2006 Schedule B-II Exceptions (continued) 16. Deed of Trust from Brad Crawford and Vicki Crawford to the Public Trustee of the County of Garfield for the use of Art McMahon or his assigns to secure $270,000.00, dated May 5, 2017 and recorded May 8, 2017 at Reception No. 892088.