HomeMy WebLinkAbout952063.tiffForm No. 1 t 42 (CO -87)
The Title Insurance Commitment is a legal contract between you and the company. It is issued
to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you
against certain risks to the land title, subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask
The Commitment is based on the land title as of the Commitment Date. Any changes in the
land title or the transaction may affect the Commitment and the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT.
TABLE OF CONTENTS
AGREEMENT TO ISSUE POLICY
SCHEDULE A
1. Commitment Date
2. Policies to be Issued, Amounts and Proposed Insureds
3. Interest in the Land and Owner
4. Description of the Land
SCHEDULE B-1 — Requirements
SCHEDULE B-2 — Exceptions
CONDITIONS
Page
1
2
2
2
2
3
4
other side 1
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.
If you have any questions about the Commitment, please contact the issuing office.
52064
CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument
(b) "Public Records" means title records that give constructive notice of matters affecting the title
according to the state law where the land is located.
2. LATER DEFECTS
The Exceptions in Schedule B - Section 2 may be amended to show any defects, liens or encumbrances
that appear for the first time in public records or are created or attached between the Commitment Date
and the date on which all of the Requirements of Schedule B- Section 1 are met. We shall have no liability
to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may
amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encum-
brances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and
did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its
Requirements. If we have any liabilityto you forany lossyou incur because of an error in thisCommitment,
our liability will be limited to your actual loss caused by your relying on this Commitment when you acted
in good faith to:
comply with the Requirements shown in Schedule B - Section 1
or
eliminate with our written consent any Exceptions shown in Schedule B - Section 2.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our
liability is subject to the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to the
land must be based on this Commitment and is subject to its terms.
952063
UN =TED TITLE O i" GREELEY
1100 10TH ST., #102 GREELEY, CO 80631 (303) 356-3200
SCHEDULE A
Commitment No: UT01226D95-1
1. Commitment Date: APRIL 20, 1995 at 7:45 A.M.
2. Policy or Policies to be issued:
Policy Amount
(a) Owners Policy - Proposed Insured: $0.00
TO BE DETERMINED
(b) Loan Policy - Proposed Insured: $0.00
(c) Proposed Insured: 50.00
3. Fee simple interest in the land described in this Commitment is
owned, at the Commitment Date by:
WEST HILL -N -PARK, INC., A COLORADO CORPORATION
4. The land referred to in this Commitment is described as follows:
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER (SW1/4) OF
SECTION 26, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER
AND CONSIDERING THE WEST LINE OF SAID SOUTHWEST QUARTER TO
BEAR SOUTH 01011'12" EAST WITH ALL BEARINGS HEREIN RELATIVE
THERETO;
THENCE SOUTH 01011'12" EAST, 170.01 FEET;
THENCE NORTH 89030'03" EAST, 50.0 FEET TO THE TRUE POINT OF
BEGINNING, ALSO BEING ON THE EAST RIGHT OF WAY OF 47TH AVE.
AND ON THE BOUNDARY OF WEST HILL N PARK 3RD FILING AS FILED
IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER IN BOOK
1264, RECEPTION NO. 2214259;
THENCE N 89030'03" EAST, 1505.06 FEET TO A POINT ON THE
WESTERLY BOUNDARY OF WEST HILL N PARK FIRST FILING AS FILED
(SEE CONTINUATION OF SCHEDULE A ON NEXT PAGE)
952063
(CONTINUATION OF SCHEDULE A)
IN THE RECORD OF THE WELD COUNTY CLERK AND RECORDER IN BOOK
727, RECEPTION NO. 1648851;
THENCE ALONG THE BOUNDARY OF SAID WEST HILL N PARK FIRST
FILING BY THE FOLLOWING 12 COURSES;
SOUTH 00022'00" EAST, 222.00 FEET;
SOUTH 89030'03" WEST, 60.00 FEET;
SOUTH 00033'00" EAST, 120.03 FEET;
SOUTH 89030'03" WEST, 109.90 FEET;
SOUTH 79056'12" WEST, 101.75 FEET;
SOUTH 66°08'00" WEST, 402.00 FEET;
NORTH 89008'42" WEST, 125.33 FEET;
SOUTH 00051'18" WEST, 105.66 FEET;
SOUTH 01003'15" EAST, 60.03 FEET;
SOUTH 00036'49" EAST, 78.03 FEET;
SOUTH 00051'21" WEST, 90.15 FEET;
SOUTH 00051'18" WEST 132.18 FEET TO A POINT ON THE BOUNDARY
OF SAID WEST HILL N PARK THIRD FILING;
THENCE ALONG THE BOUNDARY OF SAID WEST HILL N PARK THIRD
FILING BY THE FOLLOWING 6 COURSES:
SOUTH 88048'48" WEST, 87.00 FEET;
SOUTH 00°51'18" WEST, 80.05 FEET;
SOUTH 88048'48" WEST, 60.00 FEET;
NORTH 00°51'18" EAST, 80.05 FEET;
SOUTH 88048'48" WEST, 573.91 FEET;
NORTH 01°11'12" WEST 988.09 FEET TO.THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINS 23.796 ACRES MORE OR LESS.
COUNTY OF WELD, STATE OF COLORADO
(for informational purposes only) VACANT LAND
PREMIUM:
Owners $230.00
Mortgage $0.00
Mortgage $0.00
Tax Cert S10.00
(SEE CONTINUATION OF SCHEDULE A ON NEXT PAGE)
952063
(CONTINUATION OF SCHEDULE A)
MAY 19, 1995 KKK MM
952063
NOTICE TO PROSPECTIVE OWNERS
(A STATEMENT MADE AS REQUIRED BY COLORADO
INSURANCE REGULATION 89-2)
GAP PROTECTION
When this Company conducts the closing and is responsible for recording or
filing the legal documents resulting from the transaction, the Company
shall be responsible for all matters which appear on the record prior to
such time of recording or filing.
MECHANIC'S LIEN PROTECTION
If you are a buyer of a single family residence you may request
mechanic's lien coverage to be issued on your policy of insurance.
If the property being purchased has not been the subJect of
construction, improvements or repair in the last six months prior to the
date of this commitment the requirements will be payment of the appropriate
premium and the completion of an Affidavit And Indemnity by the seller.
If the property being purchased was constructed, improved or repaired
within six months prior to the date of this commitment the requirements may
involve disclosure of certain financial information, payment of premiums,
and indemnity, among others.
The general requirements stated above are subject to the revision and
approval of the Company.
SPECIAL TAXING DISTRICT NOTICE
(A Notice Given In Conformity With Section 10-11-122 C.R.S.)
The subJect land may be located in a special taxing district; a certificate
of taxes due listing each taxing Jurisdiction shall be obtained from the
county treasurer or the county treasurer's authorized agent; and
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.
952963
Form No. 1344-8 (1982)
ALTA Plain Language Commitment
SCHEDULE B - Section 1
Order No. UT01226D95-1
Requirements
The following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and/or for the
mortgage to be insured.
(b) Pay us the premiums, fees and charges for the policy.
(c) Obtain a certificate of taxes due from the county treasurer or the
county treasurer's authorized agent.
(d) The following documents satisfactory to us must be signed, delivered
and recorded:
1. Warranty Deed sufficient to convey the fee simple estate or interest in
the land described or referred to herein, to the Proposed Insured, Schedule
A, Item 2A.
2. Documents satisfactory to the Company must be signed, delivered and
recorded in fulfillment of the following requirements, to -wit: APPROVAL AND
RECORDING OF THE PLAT OF WEST HILL N PARK 4TH.
NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE
SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING
PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING).
952063
Form No.1344-B2 (CO -88)
ALTA Plain Language Commitment
SCHEDULE B - Section 2
Order No. UT01226D95-1
Exceptions
Any policy we issue will have the following exceptions unless they are
taken care of to our satisfaction:
1. Taxes and Assessments not certified to the Treasurer's Office.
2. Any facts, rights, interests or claims which are not shown by the
public records but which could be ascertained by an inspection of the land
or by making inquiry of persons in possession thereof.
3. Easements, or claims of easements, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, and any facts which a correct survey and inspection of the
land would disclose, and which are not shown by the public records.
5. 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.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Covenants, conditions and restrictions, which do not include a
forfeiture or reverter clause, set forth in the instrument recorded AUGUST
9, 1990 IN BOOK 1272 AT RECEPTION NO. 2222867. Provisions regarding race,
color, creed, and national origin, if any, are deleted.
8. Covenants, conditions and restrictions, which do not include a
forfeiture or reverter clause, set forth in the instrument recorded APRIL
15, 1991 IN BOOK 1296 AT RECEPTION NO. 2247133. Amendment of said
covenants, conditions and restrictions by an instrument recorded MARCH 23,
1992 IN BOOK 1329 AT RECEPTION NO. 2281640. Provisions regarding race,
color, creed, and national origin, if any, are deleted.
9. THE FOLLOWING GENERAL NOTES AS SET FORTH ON THE RECORDED PLAT OF MINOR
CORRECTIONS TO RESUBDIVISION OF WEST HILL -N -PARK 3RD FILING, AS FOLLOWS:
A. FIRE HYDRANTS SHALL BE SPACED AS SHOWN ON THE PLAT WITH ADDITIONAL
HYDRANTS PLACED AT THE END OF THE HOMESTEAD CUL-DE-SAC AND INTERSECTIONS OF
CASA GRANDE AND LAKE MEAD; KINGS CANYON AND CARLSBAD.
B. PRIOR TO ISSUING RESIDENTIAL BUILDING PERMITS, THE DEVELOPER AND/OR
OWNER SHALL CONSTRUCT A 24 FOOT PAVED ROAD AND 6 FOOT SHOULDERS WITHIN THE
50 FOOT WIDE PLATTED RIGHT OF WAY OF 47TH AVE. (WCR NO. 33). ROAD
CONSTRUCTION SHALL MEET WELD COUNTY ENGINEERING CONSTRUCTION STANDARDS.
THE SUBJECT ROAD MAY BE COMPLETED IN TWO PHASES AND RESIDENTIAL BUILDING
PERMITS MAY BE ISSUED WITHIN EACH COMPLETED PHASE. PHASE ONE SHALL BE THE
ENTIRE LENGTH OF 47TH AVE. (WCR NO. 33) FROM CASA GRANDE DRIVE THROUGH THE
INTERSECTION OF MESA VERDE DRIVE. A FENCE WITH A LOCKED GATE SHALL BE
(SEE CONTINUATION OF SCHEDULE B - SECTION 2 ON NEXT PAGE)
952063
(CONTINUATION OF SCHEDULE B - SECTION 2)
INSTALLED NORTH OF MESA VERDE DRIVE TO DISCOURAGE THROUGH TRAFFIC.
C. PRIOR TO NOVEMBER 1, 1989, A ROW OF RUSSIAN OLIVE TREES SHALL BE
PLANTED BY THE APPLICANT AND MAINTAINED BY THE APPLICANT UNTIL SUCH TIME AS
THE HOMEOWNER'S ASSOCIATION IS PRESCRIBED TO TAKE OVER MAINTENANCE. THE
TREES SHALL RUN THE ENTIRE LENGTH OF WEST HILL -N -PARK, THIRD FILING, AS IT
ABUTS WELD COUNTY ROAD 52 AND WELD COUNTY ROAD 33. THE TREES SHALL BE
SPACED A MAXIMUM OF FIVE FEET APART AND A MINIMUM OF THREE FEET IN HEIGHT
AT THE TIME OF PLANTING.
D. NO NOXIOUS OR OFFENSIVE ACTIVITIES SHALL BE CARRIED OUT UPON ANY LOT
NOR SHALL ANYTHING BE DONE THEREON WHICH MAY BECOME AN ANNOYANCE OR
NUISANCE TO THE NEIGHBORHOOD. JUNK VEHICLES MAY NOT BE STORED ON ANY LOT.
A JUNK VEHICLE SHALL BE CONSTRUED TO BE ANY INOPERATIVE VEHICLE. NO OTHER
JUNK ITEMS SHALL BE STORED THERE, I.E. USED BUILDING MATERIALS OR ANY OTHER
MATTER. NO LOT SHALL BE USED OR MAINTAINED AS A DUMPING GROUND FOR
RUBBISH. ALL TRASH, GARBAGE OR RUBBISH SHALL BE DISPOSED OF IN A NEAT AND
ORDERLY MANNER AT A FACILITY AUTHORIZED TO ACCEPT WASTE MATERIAL. ANY
EXPENSE INCURRED FOR THE DISPOSAL OF SUCH WASTE MATERIAL SHALL BE THE SOLE
RESPONSIBILITY OF THE PROPERTY OWNER.
10. An Oil and Gas Lease, from LESTER L. AXEL AND WALTER LEWIS AXEL as
Lessor(s) to AEON ENERGY CO. as Lessee(s) dated DECEMBER 18, 1981, recorded
FEBRUARY 15, 1982 IN BOOK 961 AT RECEPTION NO. 1883486, and any and all
assignments thereof or interests therein.
952063
STATE OF COLORADO
S. S.
COUNTY OF WELD
CERTIFICATE OF TAXES DUE n er
I, the undersigned, County Treasurer in and for said County, do hereby certify that there are no unpaid taxes, or unredeemed tax sales, as
appears of record in the office, on the following described property, to -wit:
PIN NO.
PARCEL
NAME
VENDOR
NO.
EXCEPT —
WELD COUNTY
TLT
This does not include land or Improvements assessed separately unless specifically requested. Information regarding special taxing
districts and the boundaries of such districts may be on file or deposit with the Board of County Commissioners, the County Clerk and
Recorder, or the County Assessor.
ARTHUR L_ WILLIS'H
Form No. 1343 10687)
ALTA Plain Language Commitment
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
UNITED TITLE OF GREELEY
agent for
FIRST AMERICAN TITLE INSURANCE COMPANY
AGREEMENT TO ISSUE POLICY
FIRST AMERICAN TITLE INSURANCE COMPANY, referred to In this Commitment as the
Company, through its agent, United Title of Greeley, referred to in this Agreement as the Agent, agrees to
issue a policy to you according to the terms of this Commitment. When we show the policy amount and
your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commit-
ment Date shown in Schedule A
If the Requirements shown in this Commitment have not been met within six months after the
Commitment date, our obligation under this Commitment will end. Also ourobligation under this Commit-
ment will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A
The Requirements in Schedule B-1.
The Exceptions in Schedule B-2.
The Conditions on the other side of this page 1.
This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B.
UNITED TITLE COMPANY
OF GREELEY
1100 Tenth Street • Suite 102
Greeley, Colorado 80631
(303) 356-3200
First American Title Insurance Company
BY
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PRESIDENT
SECRETARY
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952063
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