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Home My WebLink AboutADM100018 „;..�.. � 4 1`'��. / �•. �'�_ '' ��l li TbtiflV4F�'�t� 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 Project Name: AMENDED PLAT Application Type: CondThPl ADM Number: ADM100018 P a rce I: 2101-081-1000-6 Project Description: AMENDED CONDOMINIUM PLAT FOR PINOS DEL NORTE Participants: OWNER PINOS DEL NORTE APARTAMENTO 12/06/2010 C/O TOM NOONAN PO BOX 69 VAIL CO 81658 APPLICANT PINOS DEL NORTE CONDOMINIUM 12/06/2010 PO BOX 69 VAIL COLORADO 81658 Project Address: 600 VAIL VALLEY DR VAIL Location: Legal Description: Lot: Block: C Subdivision: PINOS DEL NORTE Comments: See conditons BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 12/10/2010 Meeting Date: 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). Planner: Warren Campbell DRB Fee Paid: $100.00 ***********�***********+******************++**************+**+**************+**++*********** TOWN OF VAIL, COLORADOCopy Reprinted on 12-03-2013 at 10:45:13 12/03/2013 Statement ******�**********************************�*******************+**********************++****** Statement Number: R100001964 Amount: $100.00 12/06/201011:28 AM Payment Method: Check Init: DR Notation: CK# 5551 PINOS DEL NORTE CONDO ASSN ----------------------------------------------------------------------------- Permit No: ADM100018 Type: Administrative Parcel No: 2101-081-1000-6 2101-081-1302-0 Site Address: 600 VAIL VALLEY DR VAIL Location: Total Fees: $100.00 This Payment: $100.00 Total ALL Pmts: $100.00 Balance: 50. 00 ***�**�*******�***************************************************************************+* ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------- ------------------------------ ------------ PV 00100003112500 Administrative Fee 100.00 ----------------------------------------------------------------------------- IYVV LC! 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Adminis#rative Ap�ication Conda»inium and Townhouse p�at 6eneral Int'orrr�ation: Corsdominfum arul towr�house p�ats wNch cfo rsot�onstf6ute"ca�ve�'sfons"fr�n i+ental as de- flnec!En Sectfon f3-7-Z, Definfdans, Vall To►tin Code may be apprave�by the adm(nishrator, sub)ec#m revi�w by other Town of Vall depa►imerrts. Please see Sec�larE 13-6, Candomk�m and Towr�ouse Plats.Ya�'I Town Code for more de- tailed h�formatlor►. Va�Towr1 Code can be fnund on tt�e Towr►'�websile at w�vv�a,v�i��v_._c,_om. Fee: $lOp �tdlllg FlO� PI�V15�tf1E F�gIE COtflfy YY�b6jG2 htto'I%wwv".�.9��9�.M.Y�!c/r `�4i��iER�cotdS.Ctit1 fOr the rtrost uR-bo-dabe recadfng fees and check w�h your pFanner p�for M s�e�g the payment. A d�eck wntten out flo tfie�le Counl�'Cl�k and Reoorder is requlreQ to be submRted onoe the plat I�as been apprwed iyy tl�e Pla�uiny and Enviranmerrial Commi�or�arid prfor�the recordng of the pJat De�cnipbion of ifie Reqtec� Artferxied Condorrtinium Plai ph��p�� 800 Va�Vailey Drive p�;�N�: 2101-081-10-006 (��yfe�.�r at 970-328-8690 for pareEl np.) pr,a�y p�; Pir:os Del NoAe Condominiurn Association INailing I�ddress; ��x fi9 Vail,CQ 81658 p�. 970-476-2747 ^ . "/ ; , '.- � i- ,1. �11E�5�11dttJf�G �`.:'_ L — � .'i.!:�•_-�� t_ �� ''i ° _;j 1`� i� "�i�. i��.; 1 � ��'1'..�i �fh8iy COl1��'�fl�11�l1'�1/e: S�tl ECkBf � v /L i � ' � '_ Mailing Ad�: Po 9ox 15 -.�.:t,:<:-`; Avon,CO 81620 p��. 970-479-8fi98 EM�iI• �C�9��9�•� �� 970-d79-OQ55 r�or orr�o�e�ony: casrz at: Ysa/MC E.ast 4 CC# a„tt,# c�c#,5351 r-ee P�d: ,�f 'UL'-�'� Rec�ved�rorn:�.��:s�%�ft. �ng D°� PEC No.• �Dnn�n nc�IR Planner: _ �n.�� Pro�ect Wo: Z4ning: Lar�d l�se; l.ocatlan a�the Prvposal: l.ot: B(odc: Subdrvlston: u al P�l�s7 Ei> � � � � o°�� DEC o 2 1010 ��1C� TOWN OF VAIL � � 3y �� ` � Department of Community Development 75 South Frontage Road `�` �� W Vail, Colorado 81657 � '�� '� � Tel: 970-479-2128 �" � �� , � � Fax: 970-479-2452 � °�� _ � Web: www.vailgov.com �` �� ;:'� Development Review Coordinatar ��'._�� e „;�_. Administrative Application Condominium and Townhouse Plat General Information: Condominium and townhouse plats which do not constitute "conversions" from rental as de- fined in Section 13-7-2, Definitions, Vail Town Code may be approved by the administrator, subject to review by other Town of Vail departments. Please see Section 13-6, Condominium and Townhouse Plats, Vail Town Code for more de- tailed information. Vail Town Code can be found on the Town's website at F�� $100 Recording Fees: Please visit the Eagle County website < the most up-to-date recording fees and check 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 plat has been approved by the Planning and Environmental Commission and prior to the recording of the plat. Description of the Request• Amended Condominium Plat Physical Address: 600 Vail Valley Drive Parcel Number: 2101-081-10-006 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: Pinos Del Norte Condominium Association Mailing Address: P�Box 69 Vail, CO 81658 970-476-2747 Phone: Owner's Signature: Primary Contact/ Owner Representative: Sam Ecker Mailing Address: P�Box 15 Avon, CO 81620 970-479-8698 Phone• E-Mail: sam@gorerange.net Fax: 970-479-0055 For Office Use Only: Cash_ CC: Visa/ MC Last 4 CC# Auth # Fee Paid: Check# Received From: Meeting Date: PEC No.: Planner: Project No: Zoning: Land Use: Location of the Proposal: Lot: Block: Subdivision: 01-Oct-10 ` ■ Vail Division �� 97 Main Street,Suite W-201 View your transaction progress 24/7 via SureClose. Edwards,Colorado 81632 Phone:970-926-0230 Ask us about your login today! Fax:970-926-0235 Date: March 24,2010 Order Number: 92�:3C)� Buyer: TBD Seller: Property Address: �i€)t?Vail V aliey Drive,Vail,CO 816�K Please direct all Closing inquiries to: Please direct aIl Titie inc�uiries t�: Roger Avila 97 Main Street,Suite W201 Edwards,Colorado 81632 Phone:970-766-0238 Fax:970-926-0235 Email Address:ravila@stewart.com ��r:�v�c�xuc�c�-r:x: ��r� I:IST'ItiG�3ROKER: SFLI.I\G BRt)KER: \C?NE :VC3�� Phane: Plic�ne: We Appreeiate Your Business And Look Forward to Serving You in the Future. ALTA Commitment(6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by �StE'Wal''t 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: �� / \ \ � ;(� ._ — �title guaranty company ��:! Au�� Senior Chairman of t e Board JZ(:Vr'<1C1 Tlt�c: �� .�\tIE�G�jq9. �,,„.r'`��L�%r.Uf/1%'F+--/i.� V�1 LIVL$l�n `3.�`00.PORq�F9`°` �-`ry _#_ o_ � 97 Main Street,Suite W-201 ;�`- �9 o e :op LChairman of the Board Edwards,Colorado 81632 =�,'rE X•ps„��,��"'�� Phone:970-926-0230 �� , FaJC:970-926-0235 President Order Number:9�6>s?� ALTA Commitment(6/17/06) COMIVIITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date:�'�•iarch 17,Z{)10,at 7;30 A.�lI. Order Number: 9265p5 2. Policy or Policies To Be Issued: Amount of Insurance (a)A.L.T.A. Owner's (Standard) $TI3D Propased Ins��red: To Be Determined (b)A.L.T.A. Loan 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Si�nple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: Pinos Del Norte Condominium Association,a Colorado nonprofit corporation on behalf of the condominium unit owners 5. The land refened to in this Commitment is described as follows: PINOS del NORTE CONDOMINIUMS, According to the Condominium Map recorded February 13, 1976 in Book 244 at Page 690 as Reception No. 140852 and the Amended Condominium Plat of Pinos Del Norte Cndominiums recorded January 10, 2007 as Reception No. 200700857, and According to the Condominium Declaration of Covenants, Conditions and Restrictions of Pinos del Norte Condominiums recorded February 13, 1976 in Book 244 at Page 689 as Reception No. 140851 and the Amended and Restated Condominium Declaration recorded January 23, 2006 as Reception No. 200601726. COUNTY OF EAGLE STATE OF COLORADO Purpa.rted 1��dres5: Statement of Charges: b00 Vail��alley Drive These charges are due and payable before a Policy can Vail,Colorado 8I6>$ be issued: Rate Informational Commitment: $150.00 Order Number:92f��0� ALTA Commitment(6/17/06)—Schedule A �` - ��y Title Officer:Rog�r r�i-i'sa W�� ` Page 1 of 1 �title uar g arrty company CONIlVIITMENT FOR TITLE INSURANCE SCHEDULE B—Section 1 REQUIREMENTS Order Number: 926505 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. NONE NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any enor(s)relating to this product is limited to the amount that was paid for this product. Order Number:�7_'ti;(); �� ALTA Commitment(6/17/06)—Schedule B 1 Page 1 of 1 title guararrty company CONIlVIITMENT FOR TITLE INSURANCE SCHEDULE B—Section 2 EXCEPTIONS Order Number: 926545 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 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 unredeemed tax 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 May 20, 1905 in Book 48 at Page 511, 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. Protective Covenants for Vail Village Seventh Filing, recarded December 17, 1965 in Book 187 at Page 515 as Reception No. 102778. 12. All matters shown on the plat of Vail Village Seventh Filing recorded December 17, 1965 as Reception No. 102780. Order Number:92��;1� `/�� ALTA Commitment(6/17/06)-Schedule B 2 ��eY Ya� Page 1 of 2 title guaranty company 13. Conveyance of Easement from Vail Associates Inc to Pinos del Norte, Inc., recorded May 15, 1975 in Book 239 at Page 848 as Reception No. 135893, as it burdens subject property. 14. Declaration of Covenants, Conditions and Restrictions Pinos del Norte Condominiums,recorded February 13, 1976 in Book 244 at Page 689 as Reception No. 140851. 15. All matters shown on the Condominium Map of Pinos del North Condominiums,recorded February 13, 1976 in Book 244 at Page 690 as Reception No. 140852 and the Amended Condominium Plat of Pinos Del Norte Condominiums recorded January 10, 2007 as Reception No. 20070857. 16. Underground right of way easement granted to Holy Cross Electric Association, Inc., recorded March 30, 1978 in Book 268 at Page 509 as Reception No. 164891 (affects common azea). 17. Statement of Election to Accept the Colorado Common Interest Ownership Act recorded January 12, 2004 as Reception No. 864734. 18. Amended and Restated Condominium Declaration for Pinos del Norte Condominiums recorded January 23, 2006 as Reception No. 200601726. 19. Declaration of Covenants, Conditions, Easements and Restrictions by Pinos del Norte Condominium Association and Northwoods Condominium Association. recorded March 10, 2006 as Reception No. 200606086 20. Perpetual Exclusive Easement Deed between Pinos del Norte Condominium Association and owners of the condominium units at Northwoods Condominiums,recorded March 10, 2006 as Reception No. 200606087. 21. Perpetual Exclusive Easement Deed recorded March 10, 2006 as Reception No. 200606088, as it burdens subject property. 22. Grant of Easement between Comcast of Colorado IV LLC and Pinos Del Norte Condominium Association recorded April 14, 2006 as Reception No. 200609608. 23. License and Encroachment Agreement recorded February 11, 2009 as Reception No. 200902313. 24. Application for Revocable Pernut to Erect or Maintain Improvements on a Public Right-of-Way recorded December 7, 2009 as Reception No. 200926012. 25. Any and all existing leases and tenancies. 26. Any and all encumbrances affecting individual condominium units. Order Number:92b�!1� ALTA Commitment(6/17/06)-Schedule B 2 ��e� Page 2 of 2 � �� title guaranty company � ' • STG Privacy Notice 1 (Rev Ol/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPAI�IIES 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, shaze, and protect your personal infomiarion. Please read this notice carefully to understand how we use your personal information.This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates(the Stewart Tide Companies),pursuant to Title V of the Gramm-I.each-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 sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? 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 processing transactions,mailing,and auditing services,and : YeS No 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 No ' We don't share For our aff'iliates'everyday business purposes—information about your transactions and experiences.Affiliates are companies related by common ownership or control.They can be financial and nonfinancial companies. Our ' Yes No affiliates may include companies with a Stewart name;financial companies,such ' as Stewart Title Company For our aff'iliates'everyday business purposes—information about your creditworthiness. ' No We don't shaze For our affiliates to market to you Yes No For non-aff'iliates to market to you.Non-affiliates are companies not related by ' : common ownership or control.They can be financial and nonfinancial companies. NO We don't share ' We may disclose your personal information to our affiliates or to non-affiliates as permitted by law.If you request a transaction with a non-affiliate,such as a third party insurance company,we will disclose your personal informadon to that non-affiliate. [We do not control their subsequent use of information,and suggest you refer to their privacy notices.] Sharing practices How often do the Stewart Titl�Companies We must notify you about our sharing practices when you request a transaction. notify me about their practices. How do the Stewart Title Companies To protect your personal information from unauthorized access and use,we use security protect my personal information. measures that comply with federal and state law. These measures include computer, file,and building safeguards. How do the Stewart Title Companies We collect your personal information,for example,when you collect my personal information? . 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 transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? 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. COIlt8Ct US If you have any questions about this privacy notice,please contact us at:Stewart Tide Guaranty Company,1980 Post Oak Blvd., Privacy Ofticer,Houston,Texas 77056 Order Number. 926Sp; _ _ _ _ _ ' � � DISCLOSURES Order Number:9265()5 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 certificate of ta�ces due listing each t�ing 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 districts 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 tide 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 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 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 aftidavit 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; 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 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 pemussion. This notice applies to owner's policy commitments containing a mineral severance instrument exception,or exceptions, in Schedule B,Section 2. 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. Order Number.�)26�pi Disclosures Stewart Title DISCLOSURE The title company, Stewart Title - irail Division - Edward:s 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, ar(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 loans, 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 incuned in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (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 incorparated by reference and are made a part of this Commitment except as expressly modified 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 http://www.alta.org. sewar � �title uaran com an 9 tY p Y 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. � r After recording retum to: Banks 8�Imatani,P.C. 225 Union Blvd.,Suite 310 Lakewood,CO 80228 FIRST SUPPLEMENT TO AMENDED AND RESTATED CONDOMINIUM DECLARATION FOR PINOS del NORTE CONDOMINIUMS TH1S FIRST SUPPLEMENT TO AMENDED AND RESTATED CONDOMINIUM DECLARATION FOR PINOS del NORTE CONDOMINIUMS (this "Document") is made effective the first day of October, 2010 by PINOS del NORTE CONDOMINIUM ASSOCIATION, a Colorado nonprofit corporation (the "Association"). RECITALS A. Pinos del Norte Condominiums (the "Development") was created by that certain: (1) Declaration of Covenants, Conditions and Restrictions for Pinos del Norte Condominiums, Eagle County, Colorado (the "Oriqinal Declaration") dated February 10, 1976 and recorded on February 13, 1976 in Book 244 at Page 689 as Reception No. 140851 of the real estate records of Eagle County, Colorado (the "Records") and (2) the Condominium Map for Pinos del Norte Condominiums recorded on February 13, 1976 in Book 244 at Page 690 as Reception No. 140852 of the real estate records of Eagle County, Colorado (the "Original Map"). B. The Association is the unit owners association created to govern and administer the Development. The Association has elected to accept the provisions of the Colorado Common Interest Ownership Act (Article 33.3 of Title 38 of Colorado Revised Statutes) as the same may be amended from time to time (the "Act"). The Association's acceptance of the Act has been evidenced by the recording of a Statement of Election to Accept the Colorado Common Interest Ownership Act in the Records. C The Association and requisite number of Owners terminated the Original Declaration by the adoption and recording of that certain AMENDED AND RESTATED CONDOMINIUM DECLARATION FOR PINOS del NORTE CONDOMINIUMS ("Amended Declaration") recorded in the Records on January 23, 2006 at Reception No. 200601726. Defined terms not otherwise defined in this Document shall have the same meaning as set out in the Amended Declaration. 1 � D. The Project is located on the Property legally described on EXHIBIT A attached to the Amended Declaration. The Original Declaration and Amended Declaration divided the Property into 19 Condominium Units. The Association and the Owners own all of the Condominium Units. E. Some of the Owners, with consent from the other Owners and the Association, have expanded their Condominium Units into the Common Elements, and some of the Common Elements are used differently than contemplated by the Amended Declaration and the Original Map with the tacit consent of the Owners. F. The Association and the Owners wish to amend and restate the Original Map in its entirety and to adopt this Document in order to: (1) reflect the changes to the Original Map because of the expansion of the Condominium Units into the Common Elements and the different uses of the Common Elements; and (2) modify certain of the provisions of the Amended Declaration. NOW THEREFORE, THE ASSOCIATION AND THE OWNERS AGREE AS FOLLOWS: 1. The Association, on its own behalf and on behalf of the requisite number of Owners, for themselves and their heirs, devisees, personal representatives, successors and assigns, hereby declare that the Property shall, at all times, be owned, held, used and occupied subject to the provisions of the Amended Declaration and this Document, and to the covenants, conditions and restrictions contained herein and to all amendments and supplements hereto and to that certain SECOND AMENDED CONDOMINIUM PLAT, PINOS DEL NORTE CONDOMINIUMS, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO (the "Amended Map"). Effective the date of recording the Amended Map in the Records, the Original Map is hereby terminated and shall be of no further force and effect. 2. Exhibit B to the Amended Declaration is hereby terminated and deleted and Exhibit B to this Document is substituted in its place, in order to address the revised square footages of the Units. 3. Exhibit C to the Amended Declaration is hereby terminated and deleted and Exhibit C to this Document is substituted in its place. 4. The signature of the officer signing on behalf of the Association below shall be deemed the certification by such officer that this Document and the Amended Map received the approval of the percentage of the Owners as required by the provisions of the Amended Declaration. The original � documentation evidencing such consent shall be maintained in the records of the ' Association for review by any interested party for a period of three years from the date this Document is recorded in the Records. 2 PINOS del NORTE CONDOMINIUM ASSOCIATION, a Colorado nonprofit corporation By: Robert W. Lees, Vice-President STATE OF � COUNTY OF ) ss. ) The foregoing instrument was acknowledged before me this day of , 2010 by Robert W. Lees, as Vice President of Pinos del Norte Condominium Association, a Colorado nonprofit corporation, on behalf of such corporation. Witness my hand and official seal. My commission expires: (Seal) Notary Public G:1Pinos del Norte\FirstSuppAmendedDec 052510.doc �� ,� 3 EXHIBIT B (Attached to and forming a part of Amended and Restated Condominium Declaration for Pinos del Norte Condominiums ) PART 1 ALLOCATION OF INTERESTS IN COMMON ELEMENTS AND VOTES IN THE ASSOCIATION Identifying Gross Square Allocation of Numbers of Feet of Interests in Allocation of Condominium Condominium Common Votes in the Units Units Elements Association Unit A 2,406.0 sq. ft. 6.47 647 votes Unit B 2,541.2 sq. ft. 6.83% 683 votes Unit C 1,539.4 sq. ft. 4.14% 414 votes Unit D 1,876.7 sq. ft. 5.04% 504 votes Unit E 886.8 sq. ft. 2.38% 238 votes Unit F 1,752.8 sq. ft. 4.71% 471 votes Unit G 1,709.5 sq. ft. 4.60% 460 votes Unit I 3,656.5 sq. ft. 9.83% 983 votes Unit J 2,309.4 sq. ft. 6.21% 621 votes Unit K 1,945.2 sq. ft. 5.23% 523 votes Unit L 1,520.4 sq. ft. 4.09% 409 votes Unit M N 2,694.1 sq. ft. 7.24% 724 votes Unit O 2,355.4 sq. ft. 6.33% 633 votes Unit P 2,413.4 sq. ft. 6.49% 649 votes Unit R 2,402.7 sq. ft. 6.46% 646 votes Unit S 2,003.8 sq. ft. 5.39% 539 votes Unit T 2,582.7 sq. ft. 6.94% 694 votes Unit U 321.7 sq. ft. 0.86% 86 votes Unit V _ 282.1 sq. ft. 0.76% 76 votes TOTALS 37,199.8 sq. ft. 100.00% 10,000 votes 4 PART 2 REALLOCATION OF LIABILITY FOR ASSESSMENTS AND VOTES IN THE ASSOCIATION FOR SO LONG AS UNIT E IS OWNED BY THE ASSOCIATION Identifying Numbers of Allocation of Allocation of Condominium Liability for Votes in the Units Assessments Association Unit A 6.62% 662 votes Unit B 7.00% 700 votes Unit C 4.24% 424 votes Unit D 5.16% 516 votes Unit E 0.00% 0 votes Unit F 4.83% 483 votes Unit G 4.71% 471 votes Unit I 10.07% 1,007 votes Unit J 6.36% 636 votes Unit K 5.36% 536 votes Unit L 4.19% 419 votes Unit M N 7.42% 742 votes Unit O 6.48% 648 votes Unit P 6.64°/a 664 votes Unit R 6.62% 662 votes Unit S 5.52°/a 552 votes Unit T 7.11% 711 votes Unit U 0.89% 89 votes Unit V 0.78°/a 78 votes TOTALS 100.00% 10,000 votes NOTE: The above reallocation is accurate only for so long as the Association owns only Condominium Unit E. If the Association ceases to own Condominium Unit E and does not own any other Condominium Unit in the Project, then the above reallocation is no longer valid and the Sharing Ratios and votes set ` forth on Part 1 of Exhibit B shall govern. If the Association acquires any Condominium Unit in addition to or instead of Condominium Unit E, then the liability for assessments must be reallocated as described in Section 8.05 hereof and the votes shall be reallocated as described in Section 6.01(b) hereof. ` P 5 EXHIBIT C (Attached to and forming a part of Amended and Restated Condominium Declaration for Pinos del Norte Condominiums) MATTERS TO WHICH TITLE TO THE PROPERTY IS SUBJECT 1. All local, State and Federal building and zoning rules, regulations and ordinances. 2. The terms, provisions, easements, rights-of-way, restrictions, reservations and covenants contained in the Declaration, including the Map. 3. Reservations or exceptions contained in United States Patents, or in Acts authorizing the issuance thereof, including the United States Patent recorded May 20, 1905 in Book 48 at page 511. 4. The terms, provisions, easements, rights-of-way, restrictions, reservations and covenants contained in Protective Covenants for Vail Village Seventh Filing recorded December 17, 1965 in Book 187 at Page 515 as Reception No. 102778. 5. All matters shown on the plat of Vail Village Seventh Filing recorded December 17, 1965 as Reception No. 102780. 6. The terms, provisions, easements, rights-of-way, restrictions, � reservations and covenants contained in Conveyance of Easement from Vail Associates, Inc. to Pinos del Norte, Inc. recorded May 15, 1975 in Book 239 at Page 848 as Reception No. 135893. 7• Statement of Election to Accept the Colorado Common Interest Ownership Act recorded January 12, 2004 as Reception No. 864734. 8. Amended and Restated Condominium Declaration for Pinos del Norte Condominiums recorded January 23, 2006 as Reception No. � 200601726. 9. The terms, provisions, easements, rights-of-way, restrictions, reservations and covenants contained in easement granted to Holy Cross Electric Association, Inc. recorded March 30, 1978 in Book � 268 at Page 509 as Reception No. 164891. 6 . , 10. Declaration of Covenants, Conditions, Easements and Restrictions by Pinos del Norte Condominium Association and Northwoods Condominium Association recorded March 10, 2006 as Reception No. 200606086. 11. Perpetual Exclusive Easement Deed befinreen Pinos del Norte Condominium Association and owners of the condominium units at Northwoods Condominiums, recorded March 10, 2006 as Reception No. 200606087. 12. Perpetual Exclusive Easement Deed recorded March 10, 2006 as Reception No. 200606088, as it burdens subject property. 13. Grant of Easement befinreen Comcast of Colorado IV LLC and Pinos del Norte Condominium Association recorded April 14, 2006 as Reception No. 200609608. 14. License and Encroachment Agreement recorded February 11, 2009 as Reception No. 200902313. 15. Application for Revocable Permit to Erect or Maintain Improvements on a Public Right-of-Way recorded December 7, 2009 as Reception No. 200926012. NOTE: All recording references are to the real estate records in the Office of the Clerk and Recorder of Eagle County, Colorado. 7