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Home My WebLink AboutADM100015rti f � �"�. �1 -, �� •�� .-1 1 � S � �� • �ti� . � • 1 ti _ � . �+ � �1 �� t� Project Name: Application Type: Project Description: Participants: ADMINISTRATIVE ACTION FORM Department of Community Development 75 South Frontage Road Vail, CO 81657 tel: 970-479-2138 fax: 970-479-2452 web: www.vailgov.com DEAN DUPLEX PLAT DupSubPl DUPLEX SUBDIVISION Project Address: 4512 STREAMSIDE CIR E VAIL ADM Number: ADM 100015 Pa rcel : 2101-124-1600-1 Location: Legal Description: Lot: 14 Block: Subdivision: BIGHORN 4TH ADDITION Comments: see conditions- changes required Motion By: Second By: Vote: Conditions: BOARD/STAFF ACTION Action: STAFFAPR Date of Approval: 12/03/2010 Meeting Date: 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: CON0011726 The applicant shall change #9 in the general notes to the following statement: For zoning purposes, the two lots created by this subdivision are to be treated as one entity with no more than one two-family residence allowed on the combined area of the two lots. The applicant shall change all mention of Streamside Circle to Streamside Circle East, including on the land use summary, the street name listed on the map, and all other locations. Planner: RACHEL FRIEDE DRB Fee Paid: $100.00 ¢� '�� , ��:, ° ,�-�. � _ � � ��''� Department of Community Developmenfi *. . � �+ ,� 75 South Frontage Road �, ° �� ;��,,�=�.� ' � � - c a ' +i�„� Vail, ,Colorado 81657 '�n. ��: .' . , `,.>� � � �' t :; �;�, Tel: 970-479-2128 `�`, , �"'� � - : .. � , • �, � .tfi°�.,•• _ ' . Fax: 970-479-2452 f. •�� '. � �-''�.�� • � - Web: www.vailgov.com �.�,,., ; � - � �De�etopment Review Coordinator `i — — s ' �" fi ' ili� ;�?' '� . _ ��`yy111ir,i: R.>Y.. , -�' ' a - Duplex Subdivisions Application for Review by the Planning and Environmentai Commission General Information: The required approval for a duplex subdivision or resubdivision of an improved duplex lot and structure will require town approval through the administrator, subject to review by other Town of Vail departments. No duplex subdivision shall be approved unless the lots are improved with at least foundations for both units existing at the time of submittal. Please see Section 13-8, Duple�c Subdivisions, Vail Town Code for more detailed information. Vail Town Code can be found on the Town's website at www.vailgov.com. Fee: $100 Reoording Fe�es: Please visit the Eagle County website http://www.ea4lecounty.us/clerk/publicRecords.cfm for the most up-to-date recording fees and chedc with your planner prior to submitting the payment. A check written out to the Eagle County Clerk and Recorder is required to be submitted once the ptat has been approved by the Planning and Environmental Commission and prior to the recording of the plat. Description of the Request: S� � c�� S i � �• �� dvA �-�r � 1. Physical Address: U5 1�. � S� C-e� v^�,��- c� c"c l, Parcel Number: �- �� -1 Z4 -/ lv - O� 1 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: Mailing Address: �! � ��, � 7L. 1,.1 . �.e.� h f ��lo"Z W�S; �ol�-a.e� /1-�'c� Si,� ((�� l�r�� S(�r��s �� c�'So�oy Phone: � � �] - �/ �i� - I � 2 Z Owner's Signature: Primary Contact/ Owner Representative: LlC(e� �a�. 5uite !�O Mailing Address: 1`%� � 1�-�-�► ��luc-c��., �.�S� ll� �d iuc-c..�o S c►� S �'J �5��% � . � .. ._-=�__s..r-----_-_— - -r-� E-Mail: �+c C� �.•�n�.�a►-. ��-/C't, (.�c� . tn N-- Fax: # Phone: f I 7 _ i 4- (s � �/ - i i��J� ! ' � �� For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Auth #�� / Fee Paid: ��0� , i� D Received From: Meeting Date: PEC No.: - ' ~'� � min �t Planner: Project No: ��;� 1'�— �'% �D% Zoning: Land Use: Location of the Proposal: Lot:�_ Block: Subdivision: j�IrNr DQ�J�c3e�v�s�p�y gpD�r�nu L1 O1-Jan-10 .` i�3�i �' YAII, • JOINT PROPERTY OWNER WRITTEN APPROVAL IETTER This form is appiicable to aii P{anning and Environmentai Commissia� appiicants that share ownership of the sub- ject property. For example, the subject property where construction is occurring is a dupiex, candominium or multi-tenant building. This form shall be completed by the applicanYs neighbor/ joint property owner. In the case of a multiple-family dwelling 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) � � �� -� +�- W•�� , a joint owner, or authority of the association, of property located at ��l 2— ,� -�Ct ��^-� S��__��rc � 1% � , provide this letter as written approval of the plans dated whict► have been submitted to the Town of Vail Community Development Department for the proposed improvements to be compteted at the ad- dress noted above. I understand that the proposed improvements include: � ... � 'v i ��%, \> 1C in�R.- ��c� , �. � SV� �lV1S�� ,_ I.V�SIn rGvC 1� /�- "� 1: � �� - (Signature) �� /, (t� (Date) Additionally, please check the statement below which is most applicable to you: �, I understand that minor modifications may be made to the plans over the course of the revrew process to er, - su�e compliance widi the Town's applicable codes and regulations. (Initia! here) dl request that a// modifications, minor or otherwise, which are made to the p/ans ave� the wr�rse of the re- view p�acess, be brought to my attention by t/�e applicant for additiona/ approva! befoFe undergoing further re- view by the Town. � ^'' � (Initia/ here) F:lcdevlFonns�PertnitslPlanning\PEC\PEC_Duplex_Subdivision_010110 : TOWNOFVAQ, ' �OINT PROPERTY OWNER WRITfEN APPROVAL LETTER This form is applicable to all Planning and Environmental Commission applicants that share ownership of the sub- ject property. For example, the subject property where construction is occurring is a duplex, condominium or multi-tenant building. This form shall be completed by the applicanYs neighbor/ joint property owner. In the case of a multiple-family dwelling or multi-tenant building, the authority of the associaGon 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) Q�" �4 I'aw ,' T��C- , a joint owner, or authority of the association, of property located at �%�12 � i l,�aw� S��c (��c (-e , provide this letter as written approval of the plans dated which have been submitted to the Town of Vail Community Development Departrnent for the proposed improvements to be completed at the ad- dress noted above. I understand that the proposed improvements include: �-�-Su%c��V►�u � ci � clu��a- �i Additionally, please check the statement below which is most applicable to you: o I understand that minor modifications may be made to the p/ans over the course of the �e�iew process to en- sure rnmp/iance with the Town's applicable codes and regulations, (Initia/ here) dI request that all mo�difications, minor or otherwise, which are made to the p/ans over the cour.se of the �e- view process, be brought to my attention by the applicant for additiona/ approva/ before undergoing further re- view by the Town, (Initi 1 here) F:�cdev\FormslPermitsU'IanninglPEC1PEC_Duplex_Subdivision_010110 Roger Pack From: Melanie Lang [MLang@stewart.com) Sent: Thursday, November 04, 2010 12:58 PM To: lechner5@q.com Cc: Roger Pack; Mike Moss Subject: FW: 4512 Streamside Attachments: Merged Commitment.pdf; Lot 14 owner.pdf Lee, attached is the title commitment for 4512 Streamside. This is for the parcel owned by Elizabeth Dean. I have attached the current vesting deed for the other parcel as well. Both parcels are free and clear of liens through the effective date shown on the commitment. If you need anything else please let me know. Thanks, Melanie Lang Title Officer Stewart Title (970) 766-0233 direct (970) 926-0235 fax mlang(a�stewart.com � vviry stevvar�t? ViSit 5tewaR.�COm/why tnr more infa. st�wart Flesae sonsider t�a environment befare p�i�ting th�e ema�7. From: Melanie Lang Sent: Thursday, November 04, 2010 1:55 PM To: Melanie Lang Subject: 4512 Streamside Total Control Panel To: ro er(a�ro�rpack.com From: mlan�(a�stewart.com Remove this sender from my allow list You received this message because the sender is on your allow list. LoQin stew�rt title View your transaction progress 24/7 via SureClose. Ask us about your login today! Date: November 4, 2010 Order Number: 931644-C3 Buyer: Seller: Elizabeth W. Dean Property 4512 Streamside Circle, Vail, CO 81657 Please direct all Closing inquiries to: Mike Moss 292 E. Meadow Drive, Suite 105 Vail, Colorado 81657 Phone: 970-479-6010 Fax: 970-479-5593 Email Address: mmoss@stewart.com SELLER: Elizabeth W. Dean 1902 W. Colarado Ave. 110 Colorado Springs, Colorado 80904 LISTING BROKER: Advantage Real Estate Attn: Roger Pack P.O. Box 266 Edwards, Colorado 81632 Phone: (970) 331-9020 (970) 926-1155 Fax: (970) 926-1134 Vail Division — Vail Branch 292 E. Meadow Drive Vail, Colorado 81657 Phone: 970-479-6010 Fax:970-479-5593 ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TTTLE INSURANCE Issued by �stewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: Authotized Countersignature Stewart Title Vail Division — Vail Branch 292 E. Meadow Drive Vail, Colorado 81657 Phone: 970-479-6010 Fax: 970-479-5593 stewart �title guaranty company ��R�-,�\jRPO u9�92= : W : 2C'� R4�'F : � ` -*- o. �s; isoe ;^; _ +. =;_�,TE X AS��aa�``P`\ / ' - — f� �,,� � Senior Chairman of t e Board �t%�E�9yhG��+�'�4 . Chairman of the Board I/ %'%� �� Order Number: 931644-- ALTA Commitment (6/17/06) Title Officer: Melanie Lang COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: October 28, 2010, at 8:00 a.m. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (Extended) Proposed Insured: (b) A.L.T.A. Loan Proposed Insured: (Extended) Order Number: 931644-C3 Title Officer: Melanie Lang Amount of Insurance: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: Elizabeth W. Dean 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: Statement of Charges: 4512 Streamside Circle These charges are due and payable before a Policy can Vail, Colorado 81657 be issued: SCHEDULE A LEGAL DESCRIPTION PARCEL A: A parcel of land being a part of Lot 14, BIGHORN SUBDIVISION FOURTH ADDITION, located in Section 12, Township 5 South, Range 80 West of the Sixth Principal Meridian, Town of Vail, Eagle County, Colorado, described as follows: Beginning at the northwest corner of said Lot 14, said corner also being a point on the southerly right of way of Streamside Circle; thence S 6°46'49" E a distance of 85.0 feet to the TRUE POINT OF BEGINNING; thence S 36°37'38" W a distance of 26.86 feet; thence N 53°22'22" W a distance of 3.32 feet; thence S 36°37'38" W a distance of 5.64 feet; thence N 53°22'22" W a distance of 9.7 feet; thence S 36°37'38" W a distance of 14.3 feet; thence N 53°22'22" W a distance of 13.7 feet; thence S 36°37'38" W a distance of 4.5 feet; thence N 53°22'22" W a distance of 16.6 feet; thence N 36°37'38" E a distance of 4.3 feet thence N 53°22'22" W a distance of 2.0 feet; thence N 36°37'38" E a distance of 7.0 feet; thence S 53°22'22" E a distance of 2.0 feet; thence N 36°37'38" E a distance of 8.3 feet; thence S 53°22'22" E a distance of 1.8 feet; thence N 36°37'38" E a distance of 27.8 feet; thence S 53°22'22" E a distance of 27.5 feet; thence N 36°37'38" E a distance of 3.9 feet; thence S 53°22'22" E a distance of 14.0 feet to the TRUE POINT OF BEGINNING, TOGETHER WITH an undivided '/2 interest in and to said Lot 14, except Parcel A as described above and except Parcel B as described below PARCEL B: A parcel of land being a part of Lot 14, BIGHORN SUBDIVISION FOURTH ADDITION, located in Section 12, Township 5 South, Range 80 West of the Sixth Principal Meridian, Town of Vail, Eagle County, Colorado, described as follows: Beginning at the northwest corner of said Lot 14, said corner also being a point on the southerly right of way of Streamside Circle; thence S 6°46'49" E a distance of 85.0 feet to the TRUE POINT OF BEGINNING; thence S 36°37'38" W a distance of 26.86 feet; thence N 53°22'22" W a distance of 3.32 feet; thence S 36°37'38" W a distance of 5.64 feet; thence S 53°22'22" E a distance of 3.1 feet; thence S 36°37'38" W a distance of 20.5 feet; thence S 53°22'22" E a distance of 13.7 feet; thence S 36°37'38" W a distance of 4.6 feet; thence S 53°22'22" E a distance of 16.3 feet; thence N 36°37°38" E a distance of 6.2 feet; thence S 53°22'22" E a distance of 2.0 feet; thence N 36°37'38" E a distance of 7.8 feet; thence N 53°22'22" W a distance of 2.0 feet; thence N 36°37'38" E a distance of 6.0 feet; thence N 53°22'22" W a distance of 1.8 feet; thence N 36°37'38" E a distance of 33.7 feet; thence N 53°22'22" W a distance of 14.0 feet; thence N 36°37'38" E a distance of 3.9 feet; thence N 53°22'22" W a distance of 14.0 feet to the TRUE POINT OF BEGINNING. COUNTY OF EAGLE STATE OF COLORADO COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 931644-C3 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 6. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. 7. Evidence satisfactory to Stewart Title Guaranty Company that the real estate transfer taY assessed by the Town of Vail has been paid or that the transaction is exempt from said tax. 8. Deed from vested owner(s) vesting fee simple title in the purchaser(s). Note: notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording ofdeeds CRS 38-35-109 (2). 9. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 931644-C3 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. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. 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. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed taY sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded November 17, 1902 in Book 48 at Pa�e_ 492, reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. 11. Reservation of a ten per cent non-participating royalty, free and clear of cost, in and to the proceeds derived from the sale of any minerals, including, without limitation, gravel, sand, oil, and gas, of whatsoever kind and nature produced and mined from said premises under any leases or contract contained in the instrument recorded November 2, 1962 in Book 166 at Page 407 as Reception No. 96658, and any assignments thereof or interests therein. The Company makes no representation as to the present ownership of this interest. 12. All matters as shown on matters shown on the Plat of Bighorn Subdivision Fourth Addition recorded February 4, 1964 as Reception No. 98774. 13. Declaration of Protective Covenants for The Bighorn Subdivision recorded in Book 174 at Page 403 as Reception No. 96856 and Amendment recorded February 6, 1964 in Book 187 at Page 31 as Reception No. 98792. 14. Easement recarded August 1 l, 1965 in Book 190 at Page 405 as Reception No. 101914. 15. Protective and Restrictive Covenants of Timber Falls Townhouses recorded July 19, 1977 in Book 257 at Page 570 as Reception No. 153900. 16. Townhouse Declaration recorded July 19, 1977 in Book 257 at Page 571 as Reception No. 153901 and Amendment to Townhouse Declaration recorded August 12, 1999 as Reception No. 705233. 17. Underground Right of Way Easement recorded September 23, 1977 in Book 260 at Page 176 as Reception No. 156523. DISCLOSURES Order Number: 931644-C3 Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certifcate of t�es due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such disri-icts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) 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 Stewart Title 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 Lender's Title 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 Commirinent 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 ar materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and Materialmen'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; fmancial information as to the seller, the builder and/or the contractar; 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 C.R.S. 10-11-123, notice is hereby given: 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. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WII,L BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. STG Privacy Notice 1(Rev O1/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal informarion. Please read this norice carefully to understand how we use your personal informarion. This privacy notice is distributed on behalf of the Stewart Title Guaranry Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gruvm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this shazing. For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as yes No processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies i No We don't share For our affiliates' everyday business purposes— information about your transactions and � experiences. Affiliates are companies related by common ownership or control. They can be � Yes No financial and nonfinancial companies. Our a�liates may include companies with a Stewart name; financial companies, such as Stewart Title Comparry For our aftiliates' everyday business purposes— information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non-affiliates to market to you. Non-�liates are companies not related by common No We don't shaze ownership or control. They can be financial and nonfinancial companies. � c ��,ay u�sc�usc your personai mrormauon to our amiiates or to non-ainliates as perm�tted by law. lf you request a transaction with a non- affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] How often do the Stewart Title Companies notify me � We must notify you about our sharing practices when you request a transaction. about their practices? How do the Stewart Title Companies protect my personal information? How do the Stewart Title Companies collect my personal information? What sharing can I limit? To protect your personal information from unauthorized access and use, we use security measures that comply with federal and state law. These measures include computer, file, and buildine safeeuazds. We collect your personal information, for example, when you • request insurance-related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your iransaction, credit reportinQ agencies, a�liates or other comnanies. Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact tis If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 Stewart Title DISCLOSURE The title company, Stewart Title-Vail - Vail Village in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loan, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, ar(c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modifed herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.or�. � �s ewar t� i t e guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Recording requesced by and retum to: ]saacson, Rosenbaum, Woods &. Levy, P,C. Attn: Sam L. Lery, Esy. 633 17'" Street, Suite 220Q Denver, CO 80202 i , � ��$$ � i � , j 02/01/2005 11:53p 'eak .; Simonton Eag]e CO 319 R 16.00 D 0.00 QUITC�AIM DEED THIS DEED, made this 29th day of December, 2004, between MELVIN R. BRODY, AS TRUSTEE OF THE MELVIN R. BRODY VAIL TRUST, a Colorado trust, Grantor, and BRODY FAMILY LIMiTED LIABILITY COMPANY, a Colorado limited iiability company, whose lega! address is 44'f South Humboldt Street, Denver, Colorada 80209, of the City and County af Denver, and the State of Colorado, Grantee; WITNESSETH, that Grantor, for and in consideration of love and affection, and o�her good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has remised, relsased, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto Grantee and Grantee's heirs, successors, and assigns, forever, all the right, title, interest, claim and demand which Grantor has in and to the real property, together with Emprovements, if any, situate, lying and being in the County of Eagle, and State of Colorado, described as follows: See Exhibit A attached hereto anci incorporated by this reference aiso known by strest and number as: 4512 Streamside Circle W., Vail, Colorado 81fi57-4749 TO HAVE ANQ TO HOLD the same, together with all and singufar the appur#enances and privilsges thereunto belonging or in anywise thereunto appertaining, and alf the estate, right, title, interest and claim whatsoever, of Grantor, either in law or equity, to the only �roperty use, benefit and behoof of Grantee and Grantee's heirs, successors, and assigns farever. IN WITNESS WHEREOF, Grantar has caused this d�ed to be executed on the date set forth above. MELVIN R. BRODY, AS TRUSTEE OF THE MELVIN R. BRODY VAIL TRUST, a Color o trus By: Name: Melvin R. Brody Title: Trustee STATE OF COLORADO ) CETY AND ) ss_ COUNTY O� DENVER ) The foregoing instrument was acknowledged before me this 29th day of December, 2004, by MELVIN R. BRODY, AS TRUSTEE OF THE MELVIN R. BRODY VAIL TRUST, a Colorado trust. r�ao_ ,� •''' � ' • � Witne my han�� 'd My ission expir � �. =� � :a ;�° ` •-c . b�: <'� o r,Z,�C .�. �� CRADO• 1040987.3 seal. -�o�� Notary Public EXHIB[T A Tp THE QUITCLAIM DEED BETWEEN THE MELVIN R. BRODY VAIL TRUST, A COLORADO TRUST AND BRODY FAMILY LIMITED LiABILITY COMPANY, A COLORADO LIMITED �lABILfTY COMPANY PARCEL B: A PARCEL OF LAND BEING A PART OF LOT i4, BIGHORN SUBDIVISlON FOURTH ADDfT10N, LOCATED IN SECTION 12, T�WNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF VAIL, EAGLE COUNTY, COL�RADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 14, SAID CORNER ALSO BEING A P�INT ON THE SOUTHERLY RIGHT OF WAY OF STREAMSlDE CIRCLE; THENCE SOUTH 6 DEGREES 46 MiNUTES 49 SECONDS EAST A DlSTANCE OF 85.0 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 36 DEGREES 37 MINUTES 38 SECflNDS WEST A DISTANCE OF 26.88 FEET; THENCE NORTH 53 DEGREES 22 MINUTES 22 SECONDS WEST A DISTANCE OF 3.32 FEET; THENCE SOUTH 36 DEGREES 37 MlNUTES 38 SECONDS WEST A DiSTANCE OF 5.64 FEET; THENCE SOUTH 53 DEGREES 22 MfNUTES 22 SECONDS EAST A D15TANCE OF 3.1 FEET; THFNCE SOUTH 36 DEGREES 37 MINUTES 38 SECONDS WEST A DISTANCE OF 20.5 FEET; THENCE SOUTH 53 DEGREES 22 MINUTES 22 SECONDS EAST A DlSTANCE OF 13.7 FEET; THENCE SOUTH 3B DEGREES 37 MINUTES 38 SECONDS WEST A DISTANCE OF 4.6 FEET; THENCE SOUTH 53 DEGREES 22 MINUTES 22 SECONDS EAST A DISTANCE �F 16.3 FEET, THENCE NORTH 36 DEGREES 37 MINUTES 38 SECONDS EAST A DISTANCE OF 6.2 FEET; THENCE SOUTH 53 DEGREES 22 MINUTES 22 SECONDS EAST A DISTANCE OF 2.0 F'EET; THENCE NORTH 36 DEGREES 37 MINUTES 38 SECONDS EAST A DISTANCE QF 7.8 FEET; THENCE NORTH 53 DEGREES 22 MINUTES 22 SECONDS WEST A DISTANCE OF 2.0 FEET; THENCE NORTH 36 DEGREES 37 MINUTES 38 SECONDS EAST A DISTANCE OF 6. p FEET; THENCE NORTH 53 DEGREES 22 MINUTES 22 SECONDS WEST A DISTANCE OF 1.8 FEET; THENCE NORTH 36 DEGREES 37 MINUTES 38 SECONDS EAST A DISTANCE �F 33.7 FEET; THENCE NORTH 53 DEGREES 22 MINUTES 22 SECONDS WEST A DISTANCE OF 14.0 FEET; THENCE NORTH 36 DEGREES 37 MINUTES 38 SECONDS EAST A DISTANCE OF 3. 9 FEET, THENCE NORTH 53 DEGREES 22 MINUTES 22 SECONDS WEST A DISTANCE OF 14,0 FEET TO THE TRUE POfNT OF BEGINNING, TOGETHER WITH AN UNDIVIDED 1/2 INTEREST IN AND TQ SAID LOT 14, EXCEPT PARCEL A DESCRIBED BELOW. PARCEL A: A PARCEL OF LAND BEING A PART OF LOT 94, BIGHORN SUBDfVISION FOURTH ADDITfON, LOCATED IN SECTION 12, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRINCIPAL MERfDIAN, TOWN OF VAlL, EAGLE COUNTY, COLORADO, DESCRIBED AS F�LLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 14, SAID CORNER ALS� BEING A POINT ON THE SOUTHERLY RIGNT OF WAY OF STREAMSIDE CIRCLE; THENCE SOUTH 6 DEGREES 46 MINUTES 49 SECONDS EAST A DISTANCE OF 85.0 FEET TO THE TRUE PQINT OF BEGfNNING; THENCE SOUTH 36 DEGREES 37 MINUTES 38 SECONDS WEST A DISTANCE OF 26.86 FEET; THENCE NORTH 53 DEGREES 22 MINUTES 22 SECONDS WEST A DISTANCE 4F 3.32 FEET; THENCE SOUTH 36 DEGREES 37 MINUTES ioaoss�.� A-1 38 SECONDS WEST A DfSTANCE OF 5.64 FEET; THENCE NORTH 53 DEGREES 22 MINUTES 22 SECONDS WEST A DISTANCE OF 9.7 FEET; THENCE SOUTH 36 DEGREES 37 MINUTES 38 SECONDS WEST A DlSTANCE OF 14.3 FEET; THENCE NQRTH 53 DEGREES 22 MINUTES 22 SECONDS WEST A DISTANCE OF 13.7 FEET; THENCE SOUTH 36 DEGREES 37 MiNUTES 38 SECONDS WEST A DlSTANCE OF 4.5 FEET; THENCE NORTH 53 DEGREES 22 MENUTES 22 SECONDS WEST A D�STANCE OF 16.6 FEET; THENCE NORTH 36 DEGREES 37 MINUT�S 38 SECONDS EAST A DlSTANCE OF 4.3 FEET; THENCE NORTH 53 DEGREES 22 MINUTES 22 SEC�NDS WEST A DISTANCE OF 2.0 FEET; THENCE NORTH 36 DEGREES 37 MINUTES 38 SECONDS EAST A DISTANCE OF 7.0 FEET; THENCE SOUTH 53 DEGREES 22 MINUTES 22 SECONDS EAST A DISTANCE OF 2.0 FEET; THENCE NORTH 36 DEGREES 37 MiNUTES 38 SECONDS EAST A DISTANCE OF 8.3 FEET; THENCE SOUTH 53 DEGREES 22 MINUTES 22 SECONDS EAST A DISTANCE OF 1.8 FEET; THENCE NORTH 36 DEGREES 37 MINUTES 38 SECONDS EAST A DISTANCE QF 27.8 FEET; THENCE SOUTH 53 DEGREES 22 MINUTES 22 SECONDS EAST A DISTANCE OF 27.5 FEET; THENCE NORTH 36 DEGREES 37 MiNUTES 38 SECONDS EAST A DISTANCE OF 3.9 FEET; THENC� SOUTH 53 DEGREES 22 MINUTES 22 SECONDS EAST A DISTANCE OF 14.0 FEET TO THE TRUE POINT OF BEGINNING, T�GETHER WJTH AN UNDIVIDED 1/2 INTEREST IN AND TO SAID LOT 14, EXCEPT PARCEL B. County of Eagle State of Colorado. 1040987.3 A-2 � —�.., � 4 ° East Vaif Esit o� � 0 ; .,. _ �� eo � r ` i'\\j 4 \ �'_ O °� No�-tn °, Na Scale ` �� 6 o� �° �''Q� Interstatc 74 Q � o� ea Lupine Dri��e n � p Q s�r(Ic � �� 0 Bi�t�orn Subciivision Q°,` 00 Coltrmbine Dr�ive ° � , G°r��°a� '��k `�. >, � Y 1 V iSA11.� �� Sh't'�i17tSt{jE CITCIC ° a o Subject Site � Bi,�horn Subdivision , I'ourtIz Addition 0 L�ND US� SUMMARY PAE2CEL AR�A USG AL?DRGSS PFIRCEL A 4.2740 Acres 1/2 afduplex 4512 A Streaiz�sicie Circie � �� PARCBL B 0.2114 Acres 112 of di�plex 4S I 2 B Sh•eamside Circle L��ez1� All symbals and line types ars labeled. a Lot 13 ,4✓ O� �� I: i' :� ! i ' •�� !► • ' :i � � ! � � i � ! ! � � � � �'�!i `� � ,� � ' \ TITLE CERTIFICATE vested in taxes and encumbrane,�s except as falloGVS: i7ated tlzis s it�dicates a StS" i�e�ar with a 2"' alumiri�im '��' �' �v'� �` ,> Agent cap stampeci " LS 2350b " set spp. \�D. �1 \ � ss� � �� ~\\0-�� , �\\� 1� � � ��- �, e � � �,s �� . � �� n� �, 10' I-Ioly Cross Elech-ia Easement � C0� �� Rcc. No. 156523 ` � N �� ` � \ �,�Q �,� �. � � �`C�� N ��G✓ \ \ OQ C' \ � � `� g � � �' � '�� \ a°� � �Oi � °o \ .c'l ` \ � �„ � Q \` o�`' � �� •� � \' � � �� i � �` r i \ � �� w � o � W 112 of duplex �� „��° � 'L3j eenteriine of the � ,_ a, j� party wall `*.f j; "�. ; ; Q� I deck �%�ti� ;� E lf2 of dup(ex ,�' � . 35' witness coiner pc�2 CE',� f� deck rebar found in �aiace � u�agraded to a S/S" rebar wich a 2" "�`� � Q.�%4� tiGI'�5 aluminum cap stamped " LS �3506 "' ,��L� �'� � �� op o� o��\ otj�' Pd�'C�1 � � � � � ��`' 0.2114 Acres � � O �oo\ � ��O e, \ \` � a $� �r�� ° o oa . �d � � �S' e��''�f� a � p4 \ �'�, � °o 0��"/2 r ��'�' o \ Q � `� Ut�11 �``� ° 4 ,`� �'�� \ °�o � S�'��r?� �..,~ �'`--� 26` witness corner set S 4� ��\ �� t'�Ca �� 'Qa' � �' � °''"` 100 year flaad plain �/�, �. �ca1e 1 "=2a' 0 10 � 20 30 40 5Q centerline of the creek LELAND LBCHNER PLS �3506 30946 COUI�?'I'I' ROE1.1� 356, BU�I�A V1S`TA, COI,ORADO, 81211 (7l9) 395-91b0 ;-._______ ___ _ ------ - �_.__, �� L�ne Table Id Bearin� ____ _Distance_ � L1 � S 53°�7'00" E 0.80' i ' L2 N 36°43'00" E 5.90' i � _�.3_____ S�3_°1?_'_QO° � �_----�aZS' _� O �� S 85°29'37" � $asis ofBea�•ings Lot 15 day of ``� �¢ 0 �°a\ �o�o � 1 � ��. � daes herel�y cei�tify that it iias examined the Title ta all lands sliown upQn this Plat and that Title to such fands is , fr�e and clear oi a(1 liens, \��, �Q r \° :�6, \�O a' ',, lG, A.D., 2010. ! i ♦ ,`� 1�' � � � � � � �� origina15J8° rebar found in plaee � SURVEYOR'S CERTIFICATE I, L�land L�ehner, do hereby"eertify that I am a Pro%ssianal Land Surveyor licei�sed nnder the lac��s of the State of Coloracto, that this plat is true, earrect and complete as laid out, platted, drdicated and st�own hereon, that sucii plat was made from an accurate survey of said property by me andtor under my supervision and correctly shows the Iocation and dimensioxis of the lots, easements, and streefs of said subdivision as the same are staked upon the graund in compliance with applicabie regulatiolis goveming the subdivision of land. In Witness 4Vhereof, I have set my liand and seal this day of , A.D., 2010. Leland Leclrner Professional Land Surveyor No. 23506 GENERAL NOTES 1) Datc afsurvey: October, 2010 2) Bearings are based on a 3ine comiccting the 35' southwest witness corner for Lot 14 and the original rebar representing a point af curvature on the southwesterly boundary of I,ot 181�aviug a vearing oFS 85°21'37" E. Thc manuments are descriUed on the drawing. 3) Monumentatian is as indicated on the drawing. �4) The sole purpose of this plat is to subdivide Lat 14 into iwo parcels with the dividing line being the center of the duplex party wall as shown hereon. 5) The parcels heteby platted c•emain subject to existing'recorded docurnents as they may effect this property. 7) Recorded documents utilized in tlzis plat were pravided by Stewart Title. i3) The parcets hereby platted are subject ta a Partywall A�reement to be F•ecorded in conjunction with this plat i�� the Of�ee of the Eagle Caunty Clerk aild Reeorcier. 9} For zonin ; purposes, tlie two lots created by this subdivision arc to be treated as o�1e eiitity. •-r°°°°"� �i'Yl!�"�"�- '��`''�'`� ��"`�`"�•'�� 10) The 100 Yeaz• Plaodpiain li1�e as sho�vn hereon is based on tlie Town of Wail adopted FBMA Floodplain Study or the best available Flaodplain data as appraved by the Town of Vail Flood�lain Adminish•ator. Por fuCur� reference, the 100 Year Floodplain line as shown shall be verified far consistency with carrently adopted version ofthe FEMA FloQdplaan Study. 11) The st�eet addresses and setbacks shown are %r reference purposes only and should be verified with the Town oi Vail Cornrnuniry Developmeut I�epartment. Notice: According to Calorado Law yau must commence any legal action bascd upon this survey within three years after you fir•st discover such dcfect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of certification shown h�reon. C�RTIFICATE t>F DEDICATION AND OWNERST�3IP Ks7ow all men by these presettts tlzat Elizabeth W. Deaaa and Brady Family Limited Liability Company, a Colarado limited liability company, being sole ownez• in fee simple of all that real property situated in the Town af Vai1, Eagle CaLmty, Colorado deseribed as foxlQws: Lat 1�4, Bigharn Subdivisioxi Fo�irkh Additzon, accarding to the plat recorded February 4, 1964 at RecepCion No. 98774 pf the Eagle Cpunty Clerk and Recarder containing 0.4854 acres more or less; have by tl�ese presents laid out, platted and subdivided the same into 21ats as shawn on this final plat under rt�e naxne and style oF Duplex Plat, Bigliorti Subdivision Faurth A<lditian, A Resal�ciivisio�� of Lot 14, a si�bdivision in the Town af Vait, l:agli County, Colorado; and does hereby aecept the respansibility for the carnpletian of required improverneuts; and daes hereby dedicate a��d set �part all of the public raads and other public improvements and places as shov.m a7� the nccompanyin�; plat to the use �f the �ut�lic forever; and does hereby dedicate tl7ose paitions of said real property which are indicated as easement on thc accompanying plat as easemenCS fbr the purpasc shawn tier�an; and does hereby grant the right to install and rnaintain necessary structures to che entity responsible for providing the services for which the easements arc �staUlished. Executed this day of , A.D., 2010. Owner: Elizabeth W. I?ean Addr�ss: 4512 Streamsid� Circle Vail, �olorado 8165? STATE C7F ) ) SS COUNTY QF ) The foregoing Certificate of Tledicati4n and Ownez�skiip was acknawledged before me this My cornmission expires: Witness my liand and official sea(. Notary Ptiblic Owner: Srody Family Limited Liability Company a Calarado limited liability campany By : as STATE OF � COUNTY C3F } SS day of > A.D.2010, by Addz�ess: Address: 4512 Strearnside Circle Vail, Colorado 81b57 The foregoing Certificate of Dedication and C?wnership was acknowledged befare me this My eomrnission expires: Wimess rny hand and official seal. t�iotary Public ADMINTSTRATOR C�RTIFICATE This final plat was approved by the Tawn of Vail Administrator this Towm of Vail Administrator Attest: Town Cierk, Town of Vait day of , A.D.2pi0, by A��CCSS: aay oe a.�. zala. CERTIFICt1.TE OF TAXES FAID I, the undersigned, da hereby certify that the entire amc�unt af taxes and assessments due anci payable as of upon all parcels af real estate described on this plat are paid in full. Dated this day of , A.D., 2010. Treasur�r of Eagle County CLERK AND RECORDER`S CERTIFICATE This P(at was filed for record in the Clffice of khe Clerk a�id Recarder at , 2410 and is duly recorded at Receptian No. Clerk and Recorder By: DepuYy o'ctock , on this of ��#:� �� r �_ � �- �'`�� ,�`��`i�� ; ., �,.-v-�.� .� � � � .� . � �� - � �.�, ��6��r �� .,� �., t�, � � 'i� �, `�`� � �� o � _