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Home My WebLink AboutDRB100102Design Review Board ACTION FORM r — i 1 Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 00WMTfM'WL0P&q0+r web: www.vailgov.com Project Name: PINKER RESIDENCE DRB Number: DRB100102 Project Description: Participants: ADDITION OWNER PINKER, ERIC W. & MELANIE J. 04/12/2010 2100 ROSS AVE STE 2700 DALLAS TX 75201 APPLICANT SCALE PRODUCTION ARCHITECTUR 04 /12/2010 JENNIFER BUCK PO BOX 747 EDWARDS CO 81632 Project Address: 3964 BIGHORN RD VAIL Location: EAST UNIT Legal Description: Lot: 5 -E Block: Subdivision: GORE CREEK PARK Parcel Number: 2101- 111 - 0401 -4 Comments: BOARD /STAFF ACTION Motion By: Action: STAFFAPP Second By: Vote: Date of Approval: 04 /30/2010 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and /or the appropriate review committee(s). Cond: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 (PLAN): DRB approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12 -3 -3: APPEALS. Cond:202 (PLAN): Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Cond: CON0011387 (FIRE 2007): MONITORED FIRE ALARM SYSTEM REQUIRED AND SHALL COMPLY WITH NFPA 72 (2007) AND VFES STANDARDS. Planner: Bill Gibson DRB Fee Paid: $300.00 Apr 09 10 07:11a PINKER 2145594560 p.1 k e •i 4 �� ; .r h. � - 3. rs � � � � _ ' DepRTt�iett� Vf•Apr��S'�, � South Frontage` •! � - �`K�L R .� ;� .,j? n T : r, ,SAS 1' 1 , '3`T � • r A� Application for Design Review A ditions - Residential or Commercial li n A PR 12 2010 General Information: T s application is required for as proposals involving the addition of my fl � _F_�u��L net floor area and /or gross idential floor area (GRFA). This also includes proposals for'residential 250 additions' and interior conversions' ' Apphca ble Vail Town Code sections can be found at www.vailaov.com under Vail Information — Town Code Online. All proje ts requiring design review must receive approval prior to submitting a building permit ap- prication. An application for Design Review cannot be accepted until all required information is received by the Commu- nity Development Departrnen , as outlined in the submittal requirements. The project may also need to be reviewed by the Town Council and /or the Planning and Environmental Commission. Design review approval expires one year from the date of approval, unless building permit is issued and construction commences. Fee: $300 Single Family ✓ Duplex Multi- Family Commercial Description of the Reques . Addition of 274 square (70 at the Main Level and 204 at the Upper Level) to an duplex in East Vag. All exteric r materials will match existing. The new ridge height will match the existing ridge. Addition of 274 sq ft of GRFA (Residential) or sq ft of net floor area (Commercial/ Office) Physical Address: 3964 Big orn Road &S'f - Parcel Number: 2101-111- -014 (Contact Eagle Co. Assessor at 970 -328 -8640 for parcel no.) Property Owner: Wlanie a id Eric Pinker Mailing Address: 3300 Prin *ton Ave., Dallas TX, 75205 Ph one : 214- 909 -9794 Owner's Signature: Primary Contact/ Owner presentative: Jennifer Buck, Scale Production Architecture, PC Mailing Address: PO Box 7 Edwards, CO 81632 Phone: 970 -748 -0500 E -Mail: jdb @scalearch.com Fax: 970 -748 -0502 For Office Use Only: Cash CC: Visa J MC Last 4 CC # Auth # Check # Fee Paid: _ 101 Received From: _ 15CA (f— Orwt ' Meeting Date- DRB No.: 2 Planner: Project No: Zoning: Land Use: Location of the Proposal: A � _ Block: ! Subdivision: 0 A1AAi(K � t h � Dl� 01- Jan -10 ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** TOWN OF VAIL, COLORADO Statement Statement Number: R100000275 Amount: $300.00 04/12/201011:28 AM Payment Method: Check Init: JLE Notation: 2695 SCALE PRODUCTION ARCH ----------------------------------------------------------------------------- Permit No: DRB100102 Type: DRB - Addition of GRFA Parcel No: 2101 -111- 0401 -4 Site Address: 3964 BIGHORN RD VAIL Location: EAST UNIT Total Fees: $300.00 This Payment: $300.00 Total ALL Pmts: $300.00 Balance: $0.00 ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- ------------------------ - - - - -- ------ - - - - -- DR 00100003112200 DESIGN REVIEW FEES 300.00 APR 12 2010 - Transmittal TOWN - OF VAIL - To: Bill Gibson Date: 04/12/2010 SCALE Firm: Town of Vail Job #: 9011 Production Architecture, P.C. Community Development Project: Pinker Residence — ® Attached ® Via: By Hand ❑ Other — copies Dated of — 1 04/12/2010 DRB Application - Inculdine Front sheet with owner's sianature. Joint property —_ owner written approval letter, proposed material list, —_ Proiect Narrative and Title Report - - DRB Fee 3 4/6/2010 DRB drawings - 24x36 — 1 5/31/1983 Existirm duplex drawings. — ❑ Originals ® Bond Copies ❑ Prints ❑Other These are transmitted: — ® For your use ❑ For review & comment ❑ For your records — ❑ As requested ❑ Returned to you ❑ Other — Remarks: _— Hi Bill, — I've attached the Joint property owner written approval letter signed by Doug — Scott, the son of the woman that owns the condo. I've included an email from Mr. — Scott explaining that she is OK with the plans and having him sign the document. She is 90 years old and has Doug deal will all of the condo issues. We have gone —_ ahead and sent her a copy of the letter to sign and return to us, but she does not have email or fax, so it will be a week or so before we have that. We hope that this — letter and email will work in the interim. 970.748.0500 Please call me if you need any further information fax 970.748.0502 P.O. Box 747 Thank you, Edwards, CO 81632 �"GL N h�G� — ?Miff �` • 30INT PROPERTY OWNER WRITTEN APPROVAL LETTER APR 12 2010 TOWN OF VAIL This form Is applicable to all Design Review applicants that share ownership of the subject property. For exam} pie, the subject property where construction is occurring is a duplex, condorminium or multi - tenant building. Thk form shall be completed by the applicant's neighbor/ joint property owner. In the cage of a multiple -family dwe* ing or multi- tenant building, the authority of the association shall complete this form and mail to: Community Development Department, 75 South Frontage Road, Vail, CO 81657 or fax to 970.479.2452. I, (print name) - a joint owner, or authority of the association, of property located at 3964 Sighom Road provide this letter as written approval of the plans dated 4/6/2010 which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the ad- dress noted above. I understand that the proposed Improvements include: Addition of 274 square feet GRFA (70 at the main level and 204 at the upper level) and 82 Square Feet of site cover There will be 2,413 square feet of aveftbie GR and 1,366 square feet of site ooverage remaining once this proposed addition Is completed. The new ridge height at the upper level addition matches the existing ridge height. AU new exterior materials will match existing. AN existing trees on the site will remain. (Signature) � e.�•t y 2��v (Date) Addido wily, plsrase chw* the statement below whid b most appliol" to you: • r: ter. r! r I r i r! r s r !/ ! ! / ! /r / t r r /:.� !I IM ! ! • // r./ •//� / �/ !• . =♦ / ! /, I I' !I ti !:. I I / I ..l 1. C- / I I twe) IM�OII./f \8 Page 1 of 4 Jennifer Buck From: Melanie Pinker [mpinker @sbcg obal.net] Sent: Sunday, April 11, 2010 9:20 AM To: Jennifer Decker Buck Buck rCc: Eric Pinker Subject: Fwd: Bighorn Duplex - Pinker Renovations - Joint Property Owner Letter APR 12 7010 Begin forwarded message TOWN OF VA I L From: "Eric Pinker" < eainker lynnllp.com Date: April 10, 201011:14:52 PM CDT To: < mpinker _sbcglobal.net Subject: Fw: Fw: Fwd: Bighorn Duplex - Pinker Renovations - Joint Property Owner Letter From: Douglas Scott To: Eric Pinker Sent: Sat Apr 10 22:41:18 2010 Subject: Re: Fw: Fwd: Bighorn Duplex - Pinker Renovations - Joint Property Owner Letter Eric, Hope you are doing well. Talked it over with Beverly and she is OK with your plans and me signing this. If you need her signature I will need to send it over to her in the mail. This could add a week or so. The Condo is in her name. Attached is a scanned copy with my signature, in case you think you can run with this. (See attached file: 4 -10 -2010 8, 22, 44 PM.jpg) Hope you can read it. Let me know if you have problems. I will be around Sunday. Douglas Scott Manager, Storage Procurement Brand Management Tucson A.Z. TL 321 -5393 (520) 799 -5393 Mobile (520) 907 -2690 "Eric Pinker" - -- 04/09/2010 05:03:03 PM- -Doug: "Eric Pinker" ToDouglas Scott/Tucson/IBM(a),IBMUS <gr nkern�r lvrie8acod cc"EricPinkW <eninkerQJvnnlln.corn SubjectFw: Fwd: Bighorn Duplex - Pinker 04/09/2010 05:02 PM Renovations - Joint Property Owner Lette: 4/12/2010 Notes: Please specify the manufacl:irees name, the color name and number and attach a color dup. mow► EC E0W APR 12 2010 7 Building Materials TvR2 of Material TOWN OF VAIL Roof Asphalt shingles - to match existing to match existing Siding Horizontal wood - to match existing to match existing Other Wall Materials Stucco - to match existing to match existing Fascia Wood - to match existing to match existing Soffits Wood - to match existing to match existing Windows Wood - frame to match existing to match existing Window Trim Wood - to match existing to match existing Doors New wood/glass front door Door Trim Wood - to match existing to match existing Hand or Deck Rails NA Flues NA Flashing Metal - to match existing to match existing Chimneys NA Trash Enclosures NA Greenhouses NA Retaining Walls NA Exterior lighting Existing to be relocated Other NA Notes: Please specify the manufacl:irees name, the color name and number and attach a color dup. April 6, 2010 Design Review Board Town of Vail APR 12 2010 TOWN OF VAIL Project Narrative Pinker Addition Lot 5, Gore Creek Park Subdivision, Parcel 5E 3964 E Bighorn Road Melanie and Eric Pinker purchased the East half of the duplex located at 3964 Bighorn Road early this year. The Pinkers are part time residence who own a condominium in East Vail and want to move to a larger home. These drawings show that they are planning to add a study at the main level. The existing entry wall will be moved out six feet from its present location. This addition increases the site coverage by 74 feet. The increase is all at the Northeast corner of the house and does not project in front of the existing front wall (garage wall) of the house. At the upper level they are adding an additional bedroom and bath and also another bath so that each bedroom has its own bathroom. The roof over the upper level addition will be a hip to match the existing and will overframe a portion of the existing roof. The over framed portion of the roof will bring a ridge up to the height of the existing main ridge. The Pinkers spoke with their new neighbors in the West side of the duplex. These neighbors asked that there be minimal or no expansion out the back of the house that would impact their view of the river. Therefore all of the proposed expansion is to the front of the house. It is tucked in behind the existing garage wall which is the front wall of the house and will not be visible from any portion of the duplex neighbor's home other than the common driveway. SCALD Production Arc6it «fun. P.C. 970.748.0500 fax 970.748.0502 P.O. Box 747 Edwards, CO 81632 pq' Land Title Guarantee Com CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY Date: 10 -12 -2009 Our Order Number: V50026879 -2 Property Address: 3964 BIGHORN ROAD AKA UNIT A LOT 5 GORE CREEK PARK VAIL, CO 81657 If you have any Inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Vail Title Dept. 108 S FRONTAGE RD W #203 VAIL, CO 81657 Phone: 970 - 476 -2251 Fax: 970 - 4764732 Closer's Assistant: Jennifer Nolan Phone: 970-949-5099 Fax: 877 - 268 -4173 EMail: jnolan @ltgc.com For Closing Assistance: Burke Larson 0090 BENCHMARK RD #205 PO BOX 3480 AVON, CO 81620 Phone: 970 -748 -4784 Fax: 877 - 268 -4173 EMail: blarson @ltgc.com SLIFER, SMITH & FRAMPTON - LIONSHEAD *TMX* VAIL PROPERTY BROKERAGE, INC. 531 E LIONSHEAD CIR #11 2217 VERMONT COURT VAIL, CO 81657 VAIL, CO 81657 Attn: CHRIS BALL Attn: GREGORY STRAHAN Phone: 970 - 479 -0245 Phone: 970 - 476 -8850 Fax: 970 - 479 -5911 Fax: 970 - 476 -5421 Copies: 1 Copies: 1 EMail: cball @slifer.net EMail: greg @vailpropertybrokerage.com Linked Commitment Delivery Linked Commitment Delivery WELLS FARGO PRIVATE MORTGAGE BANKING JOHN H. ROBINSON 4975 PRESTON PARK BLVD. 5859 S. VILLAGE WAY SUITE 270 LITTLETON, CO 80121 PLANO, TX 75093 Phone: 303 - 925 -9630 Attn: PAM YOUNG/MATT PIZETTE EMail: john.h.robinson @smithbarney.com Phone: 972 - 599 -4424 Linked Commitment Delivery EMail: pamela.j. young @wellsfargo.com; matt.pizette@ Linked Commitment Delivery ERIC W. PINKER LAND TITLE GUARANTEE COMPANY 2100 ROSS AVE. 0090 BENCHMARK RD #205 SUITE 2700 PO BOX 3480 DALLAS, TX 75201 AVON, CO 81620 Attn: C/O LYNN TILLOTSON PINKER & COX Attn: Burke Larson Phone: 214- 981 -3837 Phone: 970 - 748 -4784 Fax: 214 - 981 -3839 Fax: 877 - 268 -4173 EMail: epinker @lynnllp.com Copies: 1 Linked Commitment Delivery EMail: blarson @ltgc.com 11.13.09 P Land Title Guarantee Company E ,�,,�� a�� CUSTOMER DISTRIBUTION lad de GUARANTEE COMPANY Date: 10 -12 -2009 Our Order Number: V50026879 -2 Property Address: 3964 BIGHORN ROAD AKA UNIT A LOT 5 GORE CREEK PARK VAIL, CO 81657 SLIFER SMITH & FRAMPTON -AVON *TMX* 0090 BENCHMARK RD #105 AVON, CO 81620 Attn: JANNA CARVILL Phone: 970 - 845 -2012 Fax: 866 - 743 -1589 EMail: jcarvill @slifer.net Sent Via EMail VAIL PROPERTY BROKERAGE, INC. *TMX* 2217 VERMONT CT VAIL, CO 81657 Attn: CONNIE KINCAID - STRAHAN Phone: 970 - 476 -8850 Fax: 970 - 476 -5421 Copies: 1 EMail: connie @vailpropertybrokerage.com Linked Commitment Delivery 11.13.09 DZLXVZRY.O (e /2003) Land Title Guarantee Company rrnd-lde Date: 10 -12 -2009 GUARANTEE COMVANY Our Order Number: V50026879 -2 Property Address: 3964 BIGHORN ROAD AKA UNIT A LOT 5 GORE CREEK PARK VAIL, CO 81657 Buyer/Borrower: ERIC W. PINKER AND MELANINE J. PINKER Seller /Owner: JOHN H. ROBINSON Wire Information: Bank. FIRSTBANK OF COLORADO 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 Phone: 303 - 237 -5000 Credit: LAND TITLE GUARANTEE COMPANY ABA No.: 107005047 Account. 2160521825 Attendon: Burke Larson Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining. Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com lux UUCLUUMb lu alty ul UUl JY ullxl.0 lul.QllulW. ESTIMATE OF TITLE FEES ALTA Owners Policy 06 -17 -06 (Reissue Rate) ALTA Loan Policy 06 -17 -06 (Bundled Concurrent Rate) Deletion of General Exceptions 1 -4 (Owner) Deletion of General Exceptions 1 -4 (Lender) Endorsement Alta 9 (Lender) Endorsement Alta 5 (Lender) Endorsement 103.1 (Lender) Endorsement Alta 8.1 (Lender) Tax Report R011891 $1,355.00 $666.00 $60.00 $0.00 $0.00 $0.00 $0.00 $0.00 $25.00 Zf Land Title Guarantee Conpany sill be closing this transaction, above fees will be collected at that time. TOTAL $2,106.00 row OMMACT 06/04 THANK YOU FOR YOUR ORDER! Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50026879 -2 Schedule A Cust. Ref.: 0112814702 Property Address: 3964 BIGHORN ROAD AKA UNIT A LOT 5 GORE CREEK PARK VAIL, CO 81657 1. Effective Date: September 18, 2009 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06 -17 -06 $1,200,000.00 Proposed Insured: ERIC W. PINKER AND MELANINE J. PINKER "ALTA" Loan Policy 06 -17 -06 $900,000.00 Proposed Insured: WELLS FARGO BANK, N.A. , ITS SUCCESSORS AND /OR ASSIGNS 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: JOHN H. ROBINSON 5. The Land referred to in this Commitment is described as follows: TOWNHOUSE UNIT A CONSISTING OF PARCEL 5E, TOGETHER WITH AN UNDIVIDED ONE -HALF INTEREST IN AND TO THE COMMON PARCEL, A RESUBDIVISION OF LOT 5, GORE CREEK PARK, ACCORDING TO THE PLAT RECORDED JULY 17, 1984 IN BOOK 389 AT PAGE 411, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50026879 -2 The following are the requirements to be complied with: 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: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 2. RELEASE OF DEED OF TRUST DATED FEBRUARY 27, 2009 FROM JOHN H. ROBINSON TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR CITIMORTGAGE, INC. TO SECURE THE SUM OF $417,000.00 RECORDED MARCH 04, 2009, UNDER RECEPTION NO. 200903752. 3. WARRANTY DEED FROM JOHN H. ROBINSON TO ERIC W. PINKER AND MELANINE J. PINKER CONVEYING SUBJECT PROPERTY. 4. DEED OF TRUST FROM ERIC W. PINKER AND MELANINE J. PINKER TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF WELLS FARGO BANK, N.A. TO SECURE THE SUM OF $900,000.00. THE FOLLOWING DELETIONS/MODIFICATIONS ARE FOR THE OWNER'S POLICY AND MORTGAGEE'S POLICY. NOTE: ITEMS 1 -3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF JOHN H. ROBINSON. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50026879 -2 Continued: CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF ERIC W. PINKER AND MELANINE 1. PINKER NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES AND ASSESSMENTS, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2009 AND SUBSEQUENT YEARS. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50026879 -2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 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 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, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 22, 1939, IN BOOK 123 AT PAGE 625. 9. RESTRICTIONS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 20, 1962 IN BOOK 174 AT PAGE 403 AND RECORDED IN BOOK 175 AT PAGE 33 AND IN BOOK 175 AT PAGE 81. 10. TEN PERCENT NON- PARTICIPATING ROYALTY IN AND TO PROCEEDS DERIVED FROM THE SALE OF ANY MINERALS OF WHATSOEVER KIND AND NATURE PRODUCED AND MINED FROM THE SAID PREMISES AS RESERVED TO GUST KIAHTIPES AND EVA J. KIAHTIPES BY INSTRUMENT RECORDED NOVEMBER 2, 1962 IN BOOK 166 AT PAGE 407 AND ANY AND ALL ASSIGNMENTS THEREOF OF INTERESTS THEREIN. 11. EASEMENT TO WESTERN SLOPE GAS COMPANY OVER THE REAR OR NORTHERLY TWENTY ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50026879 -2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (20) FEET AS GRANTED IN INSTRUMENT RECORDED DECEMBER 9, 1965 IN BOOK 187 AT PAGE 473. 12. GAS LINE EASEMENT 20 FEET IN WIDTH AS SHOWN ON THE RECORDED PLAT OF GORE CREEK PARK AND RESERVED IN INSTRUMENT RECORDED JANUARY 22, 1980 IN BOOK 297 AT PAGE 756. 13. EASEMENT AS GRANTED TO UPPER EAGLE VALLEY SANITATION IN INSTRUMENT RECORDED AUGUST 29, 1979 IN BOOK 290 AT PAGE 332 AND RERECORDED SEPTEMBER 4, 1979 IN BOOK 290 AT PAGE 509 AND AS SHOWN ON THE RECORDED PLAT OF GORE CREEK PARK. 14. RIGHTS AND EASEMENTS FOR NAVIGATION AND FISHERY IN FAVOR OF THE PUBLIC WHICH MAY EXIST OVER THAT PORTION OF SAID LAND LYING BENEATH THE WATER OF GORE CREEK. 15. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF GORE CREEK PARK RECORDED AUGUST 8, 1979 IN BOOK 289 AT PAGE 372. 16. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF A RESUBDIVISION OF LOT 5, GORE CREEK PARK RECORDED JULY 17, 1984 IN BOOK 389 AT PAGE 411. 17. TERMS, CONDITIONS AND PROVISIONS OF TOWNHOUSE DECLARATION 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 JULY 17, 1984 IN BOOK 389 AT PAGE 412. 18. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEED RECORDED JULY 06, 1990 IN BOOK 533 AT PAGE 47. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50026879 -2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. LAND T rLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 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. 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 3 -5 -1, Paragraph C of Article VII 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: 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 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. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the 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. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 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. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Foxm DISCLOSURE 09/01/02 NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies / Chicago Title Insurance Company Security Union Title Insurance Company July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non - public personal information ( "Personal Information'), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our Internet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • to a ents, brokers or representatives to provide you with services you have requested; • to Ed -party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, 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. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests submitted to the Fidelity National Financial Group of Companies /Chicago Title Insurance Company shall be in writing, and delivered to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Fonn PRIV.POL.CHI NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D /B /A LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d/b /a Land Title Guarantee Company - Grand Junction. 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 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 either obtain 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 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 access 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 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. Fom PRIV. POL. LTG. 1 PLAN CHECK SHEET PropertyInformation Property Address 3964 Bighorn Road Parcel #s 210111104014 Legal Description Lot 5, Gore Creek Park Development Site Area Ac 0.5357 — FS — q — F — tT 23,337 Buildable n/a Zoning / SDD # Two-Family Residential R Land Use Designation Low Density Residential Known Non - Conformities n/a Previous Approvals n/a Hazard Zones Sections 12-12,12-21, 14 -6 & 14 -7 Snow Avalanche n/a Debris Flow n/a Roc all n/a Excessive Slopes Pte Disturbance 12 -21 -14 n/a Flood lain Gore Creek Wetlands Y/N ? Creeks, Streams Section 12 -14 -17 Gore Creek on north side Setback 50 ft Proposed Existing >50' Sidewalks/ Trails None Contact Iisfarmaton Planner/ Date BG 4/30/10 Owner Contact Info Melanie and Eric Pinker Primary Contact / Owner Representative Info Jennifer Buck, 748 -0500 Project Information Project Description addition Land Use Application(s) # DRB 100102 Proposed Uses As defined b Zoning) Duplex Permitted, Conditional, Prohibited? permitted Date Routed/ DRT Meeting 4/15/10 Gross Residential Floor Area (Chapter 15 Total Allowed 1 7,854 -Existing 5,166 -Proposed 5,440 Remain 2,414 250 or Interior Conversion? n/a r' k s q i t, •`-, , �. , n f . ,.. -ve .... ... .. .. ., ...> ... ,1 .. .,F,.. y Setbacks (perimeter) Minimum Front 20 Proposed 91 Projections 14 -104 Minimum Side 15 Proposed No change Minimum Side 15 Proposed No change Minimum Rear 15 Proposed No change Site Coverage Maximum 4,667(20%) Proposed 3,301(14% Building Height Maximum 33' Proposed Y Landscaping Sections 14 - 10 - 8 & 14 - 10 - 9 Minimum 14,002 (60 %) Proposed Y Lighting Section 14 - 10 - 7 Allowed 23 fixtures Proposed No change Roof Material Sections 12 - 11 - 3C & 14 - 10 - 5 Complies Y/N n/a Notes