HomeMy WebLinkAboutFile Documents.33 MINING STOCK PKWY.0093-2020-BRES (52)INVOICE
Land Title Guarantee Company
5975 Greenwood Plaza Blvd Suite 125
Greenwood Village, CO 80111
970-925-1678
CITY OF ASPEN
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
Invoice Number:ASP-4347 Date: April 20, 2020
Order Number:62011196
Property Address:TBD ASPEN ASPEN 81611
Parties:To Be Determined
Invoice Charges
Service: TBD Commitment
Ref: 62011196
Addr: TBD ASPEN
Party: CITY OF ASPEN, A COLORADO HOME RULE MUNICIPALITY
Total Amount Invoiced:
Less Payment(s):
Balance Due:
$217.00
$217.00
$0.00
$217.00
Due and Payable upon receipt
Please make check payable to Land Title Guarantee Company and send to the address at the top of Page 1.
Please reference Invoice Number ASP-4347 on your Payment
Page 1
invoice.odt 14420 07/2015 07/30/13 11:06:43 AM
Reference
Your Reference Number:TBD Commitment - 62011196
Our Order Number:ASP-4347
Our Customer Number:28250.0
Invoice Requested by:CITY OF ASPEN
Invoice (Process) Date:April 20, 2020
Transaction Invoiced By:Web Services
Email Address:system@ltgc.com
08/26/2020
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:Q62011196 Date: 04/20/2020
Property Address:TBD ASPEN, ASPEN, CO 81611
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance For Title Assistance
Land Title Roaring Fork Valley Title
Team
533 E HOPKINS #102
ASPEN, CO 81611
(970) 927-0405 (Work)
(970) 925-0610 (Work Fax)
valleyresponse@ltgc.com
Seller/Owner
CITY OF ASPEN
Attention: CHRIS
EVERSONCHRIS.EVERSON@CITYOFASPEN.COM
Delivered via: Electronic Mail
SOPRIS ENGINEERING
Attention: JESSE SWANN
502 MAIN
CARBONDALE, CO 81623
(970) 704-0311 (Work)
jswann@sopriseng.com
Delivered via: Electronic Mail
08/26/2020
Land Title Guarantee Company
Estimate of Title Fees
Order Number:Q62011196 Date: 04/20/2020
Property Address:TBD ASPEN, ASPEN, CO 81611
Parties:TO BE DETERMINED
CITY OF ASPEN, A COLORADO HOME RULE
MUNICIPALITY
Visit Land Title's Website at www.ltgc.com for directions to any of our offices.
Estimate of Title insurance Fees
"TBD" Commitment $217.00
Total $217.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at
closing.
Thank you for your order!
Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants
conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal
assistance in order to fully understand and be aware of the implications of the effect of these documents on your
property.
Chain of Title Documents:
Pitkin county recorded 10/07/2005 under reception no. 515893
Plat Map(s):
Pitkin county recorded 04/09/2013 under reception no. 598456 at book 102 page
69
08/26/2020
Copyright 2006-2020 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
Property Address:
TBD ASPEN, ASPEN, CO 81611
1.Effective Date:
04/10/2020 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
TO BE DETERMINED
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
CITY OF ASPEN, A COLORADO HOME RULE MUNICIPALITY
5.The Land referred to in this Commitment is described as follows:
TRACT 1,
PHASE II,
BURLINGAME RANCH AFFORDABLE HOUSING FILING NO. 1 FINAL SUBDIVISION PLAT - SECOND
AMENDMENT, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 9, 2013 IN PLAT BOOK 102 AT
PAGE 69.
EXCEPTING THEREFROM DESCRIPTION AREA B, ACCORDING TO THE CONDOMINIUM MAP OF
BURLINGAME RANCH II RECORDED JANUARY 8, 2014 IN PLAT BOOK 105 AT PAGE 62, UNDER
RECEPTION NO. 607202.
ALSO EXCEPTING THEREFROM DESCRIPTION AREA E1, ACCORDING TO THE FIRST SUPPLEMENT TO
THE CONDOMINIUM MAP OF BURLINGAME RANCH II RECORDED FEBRUARY 23, 2015 IN PLAT BOOK
109 AT PAGE 48 AS RECEPTION NO. 617591.
COUNTY OF PITKIN,
STATE OF COLORADO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:Q62011196
08/26/2020
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: Q62011196
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO.
08/26/2020
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, 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 and 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 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.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.RIGHT OF 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/OR RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENTS RECORDED OCTOBER 27, 1892, IN BOOK
55 AT PAGE 31, AUGUST 11, 1909 IN BOOK 55 AT PAGES 172 AND 173, MARCH 16, 1923 IN BOOK 55 AT
PAGE 570 AND JUNE 16, 1947 IN BOOK 171 AT PAGE 290.
9.RIGHTS OF WAY AND EASEMENTS AS GRANTED TO THE COUNTY OF PITKIN RECORDED JUNE 19,
1930 IN BOOK 157 AT PAGES 308 AND 309 AND INSTRUMENT RECORDED SEPTEMBER 8, 1938 IN BOOK
157 AT PAGE 535.
10.RIGHT OF WAY FOR THE STAPLETON MAROON DITCH AS RESERVED IN INSTRUMENT RECORDED
APRIL 10, 1931 IN BOOK 158 AT PAGE 471.
11.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 17, 1923, IN BOOK 55 AT PAGE
571 AND RECORDED JUNE 16, 1947 IN BOOK 171 AT PAGE 290.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62011196
08/26/2020
12.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AND RESERVATION OF ALL URANIUM, THORIUM OR ANY OTHER WHICH IS OR MAY BE
DETERMINED TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS
WHICH IS OR MAY DETERMINED TO BE PARTICUILARLY ESSENTIAL TO THE PRODUCTION OF
FISSIONABLE MATERIALS, TOGETHER WITH THE RIGHT OF WAY AT ANY TIME TO ENTER UPON THE
LAND AND PROSPECT FOR, MINE, AND REMOVE THE SAME AS RESERVED IN UNITED STATES
PATENTS RECORDED DECEMBER 10, 1952 IN BOOK 180 AT PAGE 87 AND SEPTEMBER 19, 1953 IN
BOOK 180 AT PAGE 187.
13.EASEMENT AND RIGHT OF WAY FOR AN ELECTRIC TRANSMISSION OR DISTRIBUTION LINE OR
SYSTEM, AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., RECORDED JANUARY 11, 1966
IN BOOK 218 AT PAGE 100 AND AUGUST 11, 1969 IN BOOK 242 AT PAGE 634.
14.TERMS, CONDITIONS AND PROVISIONS OF QUIT CLAIM DEED RECORDED SEPTEMBER 11, 1969 IN
BOOK 243 AT PAGE 217.
15.EASEMENTS AND RIGHTS OF WAY AS GRANTED TO MOUNTAIN STATES TELEPHONE AND
TELEGRAPH COMPANY RECORDED JANUARY 11, 1971 IN BOOK 253 AT PAGE 65.
16.EASEMENT AND RIGHT OF WAY AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND
TELEGRAPH COMPANY RECORDED JUNE 11, 1973 IN BOOK 276 AT PAGE 686.
17.EASEMENTS AND RIGHTS OF WAY FOR AN ELECTRIC TRANSMISSION OR DISTRIBUTION LINE OR
SYSTEM, AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. RECORDED MAY 12, 1975 IN
BOOK 298 AT PAGE 625 AND RECORDED FEBRUARY 25, 1976 IN BOOK 309 AT PAGE 94.
18.TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED SEPTEMBER 28, 1977
IN BOOK 335 AT PAGE 732.
19.EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS SHOWN ON THE PLAT RECORDED JULY 31,
1980 IN PLAT BOOK 10 AT PAGE 5A.
20.ALL MATTERS AS SET FORTH IN DITCH AGREEMENT RECORDED NOVEMBER 15, 1993 IN BOOK 730 AT
PAGE 868.
21.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED NOVEMBER 15, 1993
IN BOOK 730 AT PAGE 902.
22.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #98-37 RECORDED NOVEMBER 25, 1998 AT
RECEPTION NO. 424878.
23.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #98-41 APPROVING THE BURLINGAME
SEASONAL HOUSING CONCEPTUAL PLANNED UNIT DEVELOPMENT RECORDED MARCH 22, 1999 AT
RECEPTION NO. 429006.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62011196
08/26/2020
24.EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS SHOWN ON THE BURLINGAME RANCH
ANNEXATION MAP RECORDED JULY 16, 1999 IN PLAT BOOK 50 AT PAGE 48 UNDER RECEPTION NO.
433498 AND THE FINAL PLAT BURLINGAME RANCH SUBDIVISION AND BURLINGAME SEASONAL
HOUSING SUBDIVISION/PUD RECORDED AUGUST 9, 1999 IN PLAT BOOK 50 AT PAGE 88 UNDER
RECEPTION NO. 434202, AND BURLINGAME RANCH AFFORDABLE HOUSING, FILING NO. 1, FINAL
SUBDIVISION PLAT - 1ST AMENDMENT RECORDED APRIL 11, 2006 IN PLAT BOOK 78 AT PAGE 43,
UNDER RECEPTION NO. 522859 AND BURLINGAME RANCH AFFORDABLE HOUSING, FILING NO. 1,
FINAL SUBDIVISION PLAT - 2ND AMENDMENT RECORDED APRIL 9, 2013 IN PLAT BOOK 102 AT PAGE
69.
25.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #16 APPROVING THE ANNEXATION OF
CERTAIN TERRITORY TO THE CITY OF ASPEN TO BE KNOWN AS THE BURLINGAME RANCH
ANNEXATION RECORDED JULY 16, 1999 AT RECEPTION NO. 433499.
26.TERMS, CONDITIONS AND PROVISIONS OF BURLINGAME PUD AGREEMENT RECORDED AUGUST 09,
1999 AT RECEPTION NO. 434203.
27.TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF UTILITES EASEMENT RECORDED
AUGUST 09, 1999 AT RECEPTION NO. 434205.
28.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #25 (SERIES 1999) ASSIGNING LOT 1
BURLINGAME RANCH SUBDIVISION TO THE CONSERVATION AND RURAL RESIDENTIAL ZONE
DISTRICTS RECORDED NOVEMBER 23, 1999 AT RECEPTION NO. 437962.
29.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #99-14 RECOMMENDING CITY COUNCIL
REZONE BURLINGAME RANCH RECORDED DECEMBER 15, 1999 AT RECEPTION NO. 438591.
30.TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT OF WAY EASEMENT GRANTED TO
HOLY CROSS ENERGY RECORDED APRIL 12, 2000 AT RECEPTION NO. 442189.
31.TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT GRANTED TO HOLY CROSS
ELECTRIC RECORDED JUNE 12, 2000 AT RECEPTION NO. 444101.
32.TERMS, CONDITIONS AND PROVISIONS OF RESTRICTIVE COVENANT FOR A PORTION OF THE BAR/X
RANCH RECORDED APRIL 23, 2002 AT RECEPTION NO. 466500.
33.EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS SHOWN ON THE QWEST/CITY OF
ASPEN'S SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT PLAT RECORDED JULY 18, 2002 IN
PLAT BOOK 61 AT PAGE 24 UNDER RECEPTION NO. 469875 AND ANNEXATION MAP RECORDED APRIL
14, 2003 IN PLAT BOOK 65 AT PAGE 11 UNDER RECEPTION NO. 481305.
34.TERMS, CONDITIONS AND PROVISIONS OF WATER SERVICE AGREEMENT RECORDED APRIL 22, 2003
AT RECEPTION NO. 481709.
35.TERMS, CONDITIONS AND PROVISIONS OF DEED OF CONSERVATION EASEMENT IN GROSS
RECORDED JUNE 30, 2003 AT RECEPTION NO. 484728.
36.TERMS, CONDITIONS AND PROVISIONS OF SECOND AMENDED AND RESTATED AGREEMENT
RECORDED MAY 14, 2004 AT RECEPTION NO. 497592.
37.TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT GRANTED TO THE CITY OF ASPEN
RECORDED MAY 14, 2004 AT RECEPTION NO. 497599.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62011196
08/26/2020
38.TERMS, CONDITIONS AND PROVISIONS OF CONSTRUCTION LICENSE AGREEMENT RECORDED MAY
14, 2004 AT RECEPTION NO. 497600.
39.TERMS, CONDITIONS AND PROVISIONS OF SETTLEMENT AGREEMENT AND MUTUAL RELEASE
RECORDED JULY 23, 2004 AT RECEPTION NO. 500053.
40.TERMS, CONDITIONS AND PROVISIONS OF DETERMINATION #17-2005 RECORDED FEBRUARY 24, 2005
AT RECEPTION NO. 507297.
41.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #8 (SERIES 2005) RECORDED MARCH 17, 2005
AT RECEPTION NO. 507986.
42.EASEMENTS, RIGHTS OF WAY, AND ALL OTHER MATTERS AS SHOWN ON THE STAGE ROAD
PLANNED UNIT DEVELOPMENT/SUBDIVISION PLAT RECORDED OCTOBER 7, 2005 IN PLAT BOOK 75 AT
PAGE 32 UNDER RECEPTION NO. 515869.
43.EASEMENTS, RIGHTS OF WAY, AND ALL OTHER MATTERS AS SHOWN ON THE BURLINGAME RANCH
ANNEXATION MAP RECORDED JULY 1, 2005 IN PLAT BOOK 74 AT PAGE 34 UNDER RECEPTION NO.
511900.
44.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #33 (SERIES 2004) APPROVING THE
ANNEXATION RECORDED JULY 01, 2005 AT RECEPTION NO. 511929.
45.TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT GRANTED TO
HOLY CROSS ENERGY RECORDED JULY 28, 2005 AT RECEPTION NO. 512916.
46.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #24 (SERIES 2005) APPROVING FINAL PUD
AND CONCEPTUAL PLAN FOR THE BURLINGAME RANCH RECORDED AUGUST 08, 2005 AT RECEPTION
NO. 513267 AND AMENDMENT RECORDED AUGUST 12, 2005 UNDER RECEPTION NO. 513460 AND
MEMORANDUM RECORDED NOVEMBER 13, 2006 AS RECEPTION NO. 530968.
47.TERMS, CONDITIONS AND PROVISIONS OF PRETAPPING AGREEMENT RECORDED AUGUST 11, 2005
AT RECEPTION NO. 513428.
48.TERMS, CONDITIONS AND PROVISIONS OF FOURTH AMENDED AND RESTATED PREANNEXATION
AGREEMENT BAR/X RANCH RECORDED OCTOBER 07, 2005 AT RECEPTION NO. 515868.
49.TERMS, CONDITIONS AND PROVISIONS OF PUD CONTROL DOCUMENT FOR STAGE ROAD
PUD/SUBDIVISION RECORDED OCTOBER 07, 2005 AT RECEPTION NO. 515890.
50.TERMS, CONDITIONS AND PROVISIONS OF RESTATED AND AMENDED WATER SERVICE AGREEMENT
RECORDED OCTOBER 07, 2005 AT RECEPTION NO. 515891.
51.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX,
SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL
ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL
LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY
APPLICABLE LAW, AS CONTAINED IN DEED RECORDED OCTOBER 7, 2005, UNDER RECEPTION NO.
515893.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62011196
08/26/2020
52.TERMS, CONDITIONS AND PROVISIONS OF ROAD EASEMENT AGREEMENTS RECORDED OCTOBER
07, 2005 AT RECEPTION NOS. 515894 AND 515913.
53.TERMS, CONDITIONS AND PROVISIONS OF AGRICULTURAL LANDS CONSERVATION EASEMENT
RECORDED OCTOBER 07, 2005 AT RECEPTION NO. 515916.
54.EASEMENTS, RIGHTS OF WAY, AND ALL OTHER MATTERS AS SHOWN IN 3RD AMENDED PLAT LOT 1,
BURLINGAME RANCH RECORDED OCTOBER 10, 2005 IN PLAT BOOK 75 AT PAGE 43 UNDER
RECEPTION NO. 515996 AND FINAL SUBDIVISION PLAT OF LOT 1A BURLINGAME RANCH RECORDED
OCTOBER 10, 2005 IN PLAT BOOK 75 AT PAGE 46 UNDER RECEPTION NO. 515997 AND BURLINGAME
RANCH AFFORDABLE HOUSING FILING NO. 1 PLAT RECORDED OCTOBER 10, 2005 IN PLAT BOOK 75
AT PAGE 47 UNDER RECEPTION NO. 515998 AND BURLINGAME RANCH AFFORDABLE HOUSING PLAT
RECORDED OCTOBER 10, 2005 IN BOOK 75 AT PAGE 51 UNDER RECEPTION NO. 515999 AND ALTA
LAND SURVEY BURLINGAME RANCH RECORDED DECEMBER 7, 2005 IN PLAT BOOK 76 AT PAGE 62
UNDER RECEPTION NO. 518175 AND FINAL PLAT OF BURLINGAME AFFORDABLE HOUSING, FILING
NO. 1 RECORDED APRIL 9, 2013 IN PLAT BOOK 102 AT PAGE 69.
55.TERMS, CONDITIONS AND PROVISIONS OF PUD AND SUBDIVISION IMPROVEMENTS AGREEMENT
RECORDED OCTOBER 10, 2005 AT RECEPTION NO. 516000 AND AMENDMENT RECORDED APRIL 11,
2006 AS RECEPTION NO. 522858 AND SECOND AMENDMENT RECORDED APRIL 9, 2013 AS RECEPTION
NO. 598457.
56.TERMS, CONDITIONS AND PROVISIONS OF BURLINGAME RANCH AFFORDABLE HOUSING DESIGN
GUIDELINES RECORDED OCTOBER 10, 2005 AT RECEPTION NO. 516001 AND AMENDMENT
RECORDED APRIL 11, 2006 AS RECEPTION NO. 522857.
57.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX,
SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL
ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL
LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY
APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 10, 2005, UNDER
RECEPTION NO. 516002 AND AS AMENDED IN INSTRUMENT RECORDED APRIL 17, 2006 UNDER
RECEPTION NO. 523046 AND AS AMENDED IN INSTRUMENT RECORDED OCTOBER 21, 2009 UNDER
RECEPTION NO. 563774 AND AS AMENDED IN INSTRUMENT RECORDED NOVEMBER 25, 2009 AS
RECEPTION NO. 564794.
58.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #41 (SERIES 2005) TO VACATE A PORTION OF
STAGE ROAD RIGHT OF WAY RECORDED OCTOBER 18, 2005 AT RECEPTION NO. 516372.
59.TERMS, CONDITIONS AND PROVISIONS OF MOBILITY PLAN RECORDED DECEMBER 14, 2005 AT
RECEPTION NO. 518445.
60.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #55 (SERIES 2005) APPROVING AMENDMENT
TO BURLINGAME RANCH PUD RECORDED JANUARY 23, 2006 AT RECEPTION NO. 520040.
61.TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY UNDERGROUND RIGHT OF WAY
EASEMENT RECORDED FEBRUARY 06, 2006 AT RECEPTION NO. 520604.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62011196
08/26/2020
62.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN MEMORANDUM
AND LETTER RECORDED NOVEMBER 13, 2006 UNDER RECEPTION NO. 530968 AND NOVEMBER 4,
2009 UNDER RECEPTION NO. 564258.
63.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN ORDINANCE NO 30, SERIES
OF 2006 RECORDED JANUARY 25, 2007 AS RECEPTION NO. 533746.
64.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF AGREEMENT WITH COMCAST OF
COLORADO/FLORIDA, INC. RECORDED AUGUST 24, 2010 AS RECEPTION NO. 572963.
65.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF CITY OF ASPEN ORDINANCE NO. 22,
SERIES OF 2011 RECORDED OCTOBER 5, 2011 AS RECEPTION NO. 583320.
66.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN TRENCH, CONDUIT AND
VAULT AGREEMENT RECORDED JUNE 7, 2012 AS RECEPTION NO. 589642.
67.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF AGREEMENT RECORDED APRIL 9, 2013 AS
RECEPTION NO. 598455.
68.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF PUD PLAN FOR BURLINGAME RANCH
RECORDED APRIL 9, 2013 AS RECEPTION NO. 598457.
69.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN PRETAPPING AGREEMENT
RECORDED OCTOBER 25, 2013 AS RECEPTION NO. 605034.
70.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN NOTICE OF APPROVAL
RECORDED JUNE 20, 2017 AS RECEPTION NO. 639278.
71.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RAW WATER LICENSE AGREEMENT
RECORDED DECEMBER 2, 2019 AS RECEPTION NO. 660844.
72.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE CITY OF ASPEN, NO.
108, SERIES OF 2019 RECORDED NOVEMBER 8, 2019 AS RECEPTION NO. 660282.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62011196
08/26/2020
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 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, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company 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: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
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)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the
contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company,
and, any additional requirements as may be necessary after an examination of the aforesaid information by the
Company.
(E)
08/26/2020
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
08/26/2020
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
08/26/2020
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Corporation
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING
ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
08/26/2020
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and
a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
08/26/2020