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HomeMy WebLinkAbout1.0 ApplicationCommonwealth 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: March 7, 2018 File No. 1803013 Property Address. 279 Antonelli Lane, Silt Tax Information Bookcliffs Surveying Service Inc. 136 East 3rd Street Rifle, CO 81650 Attn: Michael Langhorne Email: Seller Long Family Trust Email:alwaysonelectric@hotmail.com Closing Contacts Glenwood Springs office - 970-945-4444 Linda Gabossi - linda@cwtrifle.com Connie Rose Robertson - connie@cwtrifle.com Rifle office - 970-625-3300 Denna Conwell - denna@cwtrifle.com Patti Reich - patti@cwtrifle.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1803013 1. Effective Date: February 28, 2018 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) N/A 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: Long Family Trust 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: Lots 1 and 11 Sun Meadow Estates Subdivision According to the plat thereof recorded March 26, 2004 as Reception No. 648958 TITLE CHARGES Informational Only Commitment $250.00 COUNTERSIGNED: ___________________Patrick P. Burwell_____________________________ 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. 1803013 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. This commitment is for informational purposes only and no policy will be issued. 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. 1803013 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 as reserved in United States Patent recorded January 11, 1892 in Book 12 at Page 98. (Affects SW ¼ SW ¼, E ½ SW ¼, Section 5, Township 6 South, Range 92 West) 10. 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 as reserved in United States Patent recorded April 5, 1892 in Book 12 at Page 167. (Affects SW ¼ NW ¼, W ½ SW ¼, Section 5, Township 6 South, Range 92 West) 11. 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 June 11, 1910 in Book 73 at Page 30. (Affects SE ¼ NW ¼, Lots 3 and 4, Section 5, Township 6 South, Range 92 West) 12. One-half of all oil, gas and other minerals as reserved in deed recorded June 20, 1961 in Book 334 at Page 515 and any and all interests therein or assignments thereof 13. One-half of all oil, gas and other minerals as reserved in deed recorded December 22, 1965 in Book 372 at Page 115 and any and all interests therein or assignments thereof 14. Terms and conditions of Garfield County Resolution No. 2001-32 concerned with the approval of a preliminary plan for the Mamms View Subdivision recorded May 23, 2001 in Book 1255 at Page 140. 15. Easements, rights of way, notes, setbacks and all matters disclosed on the plat of Sun Meadows Estates Subdivision recorded March 26, 2004 as Reception No. 648958. 16. Terms and conditions of Subdivision Improvements Agreement recorded March 26, 2004 in Book 1571 at Page 686. 17. Terms and conditions of Agreement by and between Sun Meadow Estates, LLC, Michael and Tracey Langhorn, Blaine and Colleen Peters and Kevin Rosette recorded March 26, 2004 in Book 1571 at Page 749. 18. Permanent Easement conveyed to Michael and Tracey Langhorn, Blaine and Colleen Peters and Kevin Rosette in deed recorded March 26, 2004 in Book 1571 at Page 797. Corrected in instrument recorded May 5, 2004 in Book 1584 at Page 794. 19. Permanent easement conveyed to Michael and Tracey Langhorn and Kevin Rosette in deed recorded March 26, 2004 in Book 1571 at Page 799. (Continued) File No. 1803013 SCHEDULE B - SECTION 2 (Continued) 20. Permanent easement conveyed to Michael and Tracey Langhorn and Kevin Rosette in deed recorded March 26, 2004 in Book 1571 at Page 801. 21. Permanent easement conveyed to Michael and Tracey Langhorn and Kevin Rosette in deeds recorded March 26, 2004 in Book 1571 at Page 803. Corrected in instrument recorded May 5, 2004 in Book 1584 at Page 782. Corrected in instrument recorded May 5, 2004 in Book 1584 at Page 786. Corrected in instrument recorded May 5, 2004 in Book 1584 at Page 790. 22. Terms, conditions, restrictions and all matters set forth in Amended and Restated Declaration of Protective Covenants for Sun Meadow Estates recorded October 5, 2005 in Book 1732 at Page 954. Amended February 16, 2006 in Book 1772 at Page 511. Second Supplemental Declaration recorded June 30, 2015 as Reception No. 864744. 23. Terms and conditions of Oil and Gas Lease by and between Sun Meadow Estates, LLC, as Lessor and Antero Resources II Corporation, as Lessee, recorded August 2, 2005 in Book 1713 at Page 319 and any and all interests therein or assignments thereof. Amendment recorded June 27, 2008 as Reception No. 751247. Affidavit to Exercise Option to Extend Primary Term of Lease recorded August 8, 2011 as Reception No. 806235. 24. Terms, conditions, obligations and all matters set forth in Subdivision Improvements Agreement recorded January 12, 2006 in Book 1763 at Page 501. Amendment recorded October 13, 2007 as Reception No. 734383. 25. Terms, conditions, obligations and all matters set forth in Subdivision Improvements Agreement recorded February 19, 2010 as Reception No. 782161. Amendment recorded January 11, 2011 as Reception No. 797162. Second Amendment recorded June 21, 2011 as Reception No. 804170. Third Amendment recorded September 21, 2011 as Reception No. 808363. 26. Deed of Trust from Long Family Trust to the Public Trustee of Garfield County for the use of FirstBank, showing an original amount of $381,600.00, dated January 13, 2016 and recorded February 24, 2016 as Reception No.873980. 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. Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 217905200048 606 227 COUNTY RD SILT ADAMS, JAMES RICHARD & PHYLLIS G R200376 608 MILLER LANE RIFLE, CO 81650-9717 217905202001 Not available SILT LONG FAMILY TRUST R041226 279 COUNTY ROAD 216 RIFLE, CO 81650 217905202002 80 N MEADOW DR RIFLE PARTAIN, SHONNA & SCOTT, DANIEL R041227 80 NORTH MEADOW DRIVE RIFLE, CO 81650 217905202004 284 N MEADOW DR SILT REECE, THOMAS R & LESLIE G R041229 284 NORTH MEADOW DRIVE RIFLE, CO 81650 217905202011 279 216 COUNTY RD SILT LONG FAMILY TRUST R041236 279 COUNTY ROAD 216 RIFLE, CO 81650 217905302026 42 S MEADOW DR SILT CHURCH, BRADLEY V & CARRIE M R041251 PO BOX 425 RIFLE, CO 81650 217905302027 35 S MEADOW CIR RIFLE RUIZ, JOEL R041252 35 S MEADOW CIRCLE RIFLE, CO 81650 217905302028 95 S MEADOW CIR RIFLE DAVIS, TERRENCE A II & ANN MARIE R041253 95 S MEADOW CIRCLE RIFLE, CO 81650-3802 ROW Not available null ROW Not available null ROW Not available null Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 217905202001 Not available SILT LONG FAMILY TRUST R041226 279 COUNTY ROAD 216 RIFLE, CO 81650 217905202002 80 N MEADOW DR RIFLE PARTAIN, SHONNA & SCOTT, DANIEL R041227 80 NORTH MEADOW DRIVE RIFLE, CO 81650 217905202003 166 N MEADOW DR SILT MCCLELLAND, JAMES M & SUSAN L R041228 5110 W INDIAN CAMP ROAD PRESCOTT, AZ 86305 217905202004 284 N MEADOW DR SILT REECE, THOMAS R & LESLIE G R041229 284 NORTH MEADOW DRIVE RIFLE, CO 81650 217905202005 Not available SILT STALLINGS, MARIA ANNA G & CHRISTOPHER T R041230 201 VISTA DRIVE SILT, CO 81652 217905202010 Not available SILT LOCKE, LISA ANDERSON & RYAN MICHAEL R041235 5218 SILVERWOOD DRIVE JOHNSTOWN, CO 80534 217905202011 279 216 COUNTY RD SILT LONG FAMILY TRUST R041236 279 COUNTY ROAD 216 RIFLE, CO 81650 217905302025 288 S MEADOW DR RIFLE WEST, KELLY & MALINDA R041250 288 SOUTH MEADOW DRIVE RIFLE, CO 81650 217905302026 42 S MEADOW DR SILT CHURCH, BRADLEY V & CARRIE M R041251 PO BOX 425 RIFLE, CO 81650 217905302027 35 S MEADOW CIR RIFLE RUIZ, JOEL R041252 35 S MEADOW CIRCLE RIFLE, CO 81650 ROW Not available null ROW Not available null 1 Patrick Waller From: Sent: To: Subject: Good morning Patrick. We have reviewed all of article 7 division 1-3. We do do not see any impact or changes to the standards placed in article 7 for our lot lines being dissolved on Lot 1&11 . Thanks Randy Long Always On Electric 279 County Road 216 Rifle, CO 81650 970-309-2616 randy@alwaysonelectricinc.com