Owner's Policy of Title Insurance Schedule A Issued by Name and Address of Title Insurance Company: Westcor Land Title Insurance Company, 201 N. New York Avenue, Suite 200, Winter Park, Florida, 32789 State: CO County: PITKIN File No.: PCT24186W4 Policy No.: OP-6-CO1045-3938909 Amount of Insurance: $1,200,000.00 Premium: $ 2,530.00 Date of Policy: February 5, 2015 @ 12:41 PM 1. Name of Insured: TOWN OF BASALT, a Colorado Home Rule Municipality 2. The estate or interest in the Land that is insured by this policy is: IN FEE SIMPLE 3. Title is vested in: TOWN OF BASALT, a Colorado Home Rule Municipality 4. The Land referred to in this policy is described as follows: See Attached Exhibit "A" Issued By Authorized Signatory
EXHIBIT "A" LEGAL DESCRIPTION That part of Tracts 81 and 82 in Section 34, Township 8 South, Range 86 West of the 6th Principal Meridian described as follows: Beginning at Angle Point No. 6 of said Tract 81; thence North 01 18'00" West 103.36 feet along the Easterly line of said Tract 81; thence South 87 43'00" East 129.70 feet to a point in the center of a 20.00 foot road easement; thence 102.88 feet along the arc of a curve to the right, having a radius of 311.32 feet, the chord of which bears: North 10 06'59" East 102.41 feet; thence North 89 57'59" West 299.45 feet to a point on the Easterly line of Gateway of Snowmass Mesa Subdivision, First Filing; thence North 01 04'11" West 215.76 feet along said Subdivision line; thence North 07 57'23" West 192.80 feet along said Subdivison line; thence North 89 48'58" East 222.00 feet; thence South 39 25'01" East 317.42 feet to a point in the center of a 20-foot road easement; thence North 32 13'02" East 268.60 feet along the center line of said road easement to a point on the Westerly right-of-way line of a County Road; thence South 13 59'00" East 237.95 feet along said right-of-way line; thence South 02 27'00" West 251.53 feet along said right-of-way line; thence South 22 31'00" West 151.83 feet along said right-of-way line; thence South 13 41'00" West 87.04 feet along said right-of-way line; thence North 87 43'00" West 347.74 feet to a point on the Westerly line of said Tract No. 82; thence North 01 18'00" West 104.64 feet along said tract line to Angle Point No. 6 of said Tract No. 81, to the point of beginning. TOGETHER WITH a non-exclusive easement for ingress, egress and utility installation 20 feet in width, being 10 feet on each of the following described centerline; Beginning at a point on the Westerly right-of-way line of the existing County Road, from whence Angle Point No. 6 of said Tract 81 bears South 32 58'24" West 701.56 feet, more or less; thence South 32 13'02" West 387.63 feet, thence along the arc of a curve to the left having a radius of 311. 32 feet, the chord of which bears South 16 26'01" West 169.36 feet more or less.
SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT24186W4 February 5, 2015 @ 12:41 PM OP-6-CO1045-3938909 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. 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 which may be asserted by persons in possession, or claiming to be in possession, thereof. 2. Easements, liens, encumbrances, or claims thereof, which are 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 that is not shown by the public records. 4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter furnished, which lien, or right to a lien, is not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water(see additional information page regarding water rights), whether or not the matters excepted under (a), (b), (c) or (d) are shown for the public records. 6. Taxes or assessments which are not now payable or which 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; proceedings by a public agency which 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. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal or other utilities unless shown as an existing lien by the public records. SPECIAL EXCEPTIONS: 8. Taxes and Assessments (not including condominium or homeowners association assessments or dues) for the year 2015 and subsequent years only, a lien not yet due and payable. 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 right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded October 14, 1904 in Book 55 at Page 511 and in United States Patent recorded July 29, 1935 in Book 55 at Page 314. (view) 10. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded November 5, 1969 in Book 244 at Page 351. (view) 11. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded November 5, 1969 in Book 244 at Page 352. (view) 12. Terms, conditions, provisions and obligations as set forth in Warranty Deed recorded January 5, 1970 in Book 245 at Page 750. (view) 13. Terms, conditions, provisions and obligations as set forth in Deed recorded May 25, 1970 in Book 248 at Page 643. (view) 14. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants recorded January 5, 1970 in Book 245 at Page 742, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. (view) (Continued)
POLICY NO. OP-6-CO1045-3938909 CASE NO. PCT24186W4 SCHEDULE B-OWNERS --EXCEPTIONS--CONTINUED-- 15. Terms, conditions, provisions and obligations as set forth in Warranty Deed recorded March 9, 1971 in Book 254 at Page 110. (view) 16. Terms, conditions, provisions and obligations as set forth in Warranty Deed for access from County Road recorded June 12, 1973 in Book 276 at Page 737. (view) 17. Terms, conditions, provisions and obligations as set forth in Deed recorded January 9, 1975 in Book 295 at Page 484. (view) 18. Terms, conditions, provisions and obligations as set forth in Deed recorded January 9, 1975 in Book 295 at Page 486. (view) 19. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded December 26, 1987 in Book 528 at Page 612. (view) 20. Terms, conditions, provisions and obligations as set forth in Findings and Order Concerning the Inclusion of Lands in the Basalt Water Conservancy District recorded May 23, 1991 in Book 646 at Page 838. (view) 21. Terms, conditions, provisions and obligations as set forth in Pond System Easement and Joint Use Agreement recorded September 22, 1995 as Reception No. 385735 and Conveyance Agreement recorded January 23, 2004 as Reception No. 493814 and Second Amendment to Pond System Easement and Joint Use Agreement recorded April 4, 2011 as Reception No. 578959. (view) 22. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded April 10, 2000 as Reception No. 442122. (view) 23. Terms, conditions, provisions and obligations as set forth in Pipeline Sharing Agreement recorded September 19, 2014 as Reception No. 613690 and Pipeline Sharing Agreement II recorded September 19, 2014 as Reception No. 613693. (view) 24. Encroachments and all matters as disclosed by Survey of High Country Engineering, Inc. dated November 3, 2014 as Job No. 1672-02. EXCEPTIONS NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d) UNDER PARAGRAPH NUMBER 5 (WATER RIGHTS)
Obligatory Insurance Fraud Statement: We are obligated by Colorado Law (CRS 10-1-128) to provide the following statement: 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 or 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 policy holder or claimant for the purpose of defrauding or attempting to defraud the policy holder 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.