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Home My WebLink AboutPEC100054Planning and Environmental Comm'isson ACTION FIRM PMWI NN 0<A%JJH11 E 'VELC)PMF- H T Depa i'tment of Community nit Development 75 SouLh Frontage Road r Vail r Colorado 81657 tel: 970.479.2139 fax,: 970.479.24 web: www.vailgov.com Project Name: Lapin Exemption Plat Project Description: Participants: PEC Number: PEC100054 OWNER PROPOSES TO MOVE PROPERTY LINE OF LOT 7 TO THE EASET AS SHOWN ON THE PLAT INTO LOT 6, REDUCING THE SIZE OF LOT 6 AND INCREASING THE SIZE OF LOT 7. OWNER LAPIN, MERVYN 12/10/2010 232 W MEADOW DR VAIL CO 81657 APPLICANT LAPIN, MERVYN 12/10/2010 232 W MEADOW DR VAIL CO 81657 Project Address: 232 W MEADOW DR VAIL Location: LOTS 6 & 7 Legal Description: Lot: 7 Block: Subdivision: VAIL VILLAGE FILING 2 Parcel Number: 2101 - 071 - 0100 -4 Comments: BOARD /STAFF ACTION Motion By: Kurz Action: APPROVED Second By: Viele Vote: 7 -0 -0 Date of Approval: 01/25/2011 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:300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0011752 1. Prior to recording the subject final plat for Lot 6 and Lot 7, Vail Village Filing 2, the applicant shall either relocate the existing Lot 6 driveway entirely within the new Lot 6 property boundaries or the applicant shall grant Lot 6 an access easement across Lot 7 for the existing Lot 6 driveway. Should the applicant choose to relocate the existing Lot 6 driveway, the applicant must obtain Town of Vail design review approval prior to construction. 2. Prior to recording the subject final plat for Lot 6 and Lot 7, Vail Village Filing 2, the applicant shall remove all existing Lot 7 deck encroachments from the Gore Creek stream setback area and the adjacent Town of Vail owned Gore Creek stream tract. Planner: PEC Fee Paid: $650.00 Uec 08 11 1 1 ::35p VAIL SECURITIES INVESTMEN 9704765531 p.1 •..;, . Deparirpent of Community Develop j. meth 75 South contage. 1' ` r • . ra - . 'r Exemption Plat Application for Review by the Planning and Environmental Commission General Information: The Exemption Plat is intended to allow for the platting of property where no additional par- cels are created and conformance with applicable provisions of this code has been demonstrated. Exemption Plats maybe approved by the Administrator, subject to review by other Town of Vail departments. Please see Section 13 -12, Exemption Plat Review, Vail Town Code for more detailed information. Vail Town Code can be found on the Town's website at www.vailgov.com Fee: $650 Recording Fees: Please visit the Eagle County website 7up j ,'www eaglecounty us /clerk/publicRecords.cfm for 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. Owner proposes tj move proper b th property line of Lol 7 e east as shown on the ptal irro Lol 6, reducing the size of LM 6 d ina� the si a of Lo: I. Description of the Request: Physical Address: 232 West Meadow Drive, Vail, CO 81657 and 212 West Meadow Drive, Vail, CO 81657 Parcel Number: 2101- 071 -01 -004 and 2101- 071 -01 -005 (Contact Eagle Co. Assessor at 970 -328 -8640 for parcel no.) Property Owner: Mery Lapin Mailing Address: 232 West Meadow Drive, Vail, CO 81657 Phone: 970.4A6001 Owner's Signature: Primary Contact/ Owner Representative: Hans Berglund of Berglund Archi Mailing Address: P.O. Box 2378, Edwards, CO 81632 E -Mail: hans @berglundarchitects.com Phone: 970.926.4301 Fax: 97 0.926.4364 For office Use Only: Fee Paid: Meeting Date: Planner: Zoning: Location of the Proposal Cash_ CC: Visa / MC Last 4 CC # Auth # Check # Received From: PEC No.: 2Ec, (] ors 5 Project No: P R510 D i rr Land Use: Lot: -- Block: _ Subdivision: yR u �tt l �P,E�i t,i r�,� DEC 10 2010 O1- Jan -10 BERGLUND Architects, LLC DATE December 9, 2010 TO Town of Vail Department of Community Development 75 South Frontage Road Vail, CO 81657 970.479.2128 970.479.2452 Fax C.C. C.C. FROM Hans Berglund TRANSMITTAL RE 232 West Meadow Drive, Vail, CO 81657 (lot 7) and 212 West Meadow Drive, Vail, CO 81657 (lot 6) VIA Hand Delivery ENCLOSED (1) Exemption Plat Application for Review by the Planning and Environmental Commission -(1) Joint property owner written letter of approval -(1) Title report for 212 and 232 W. Meadow Drive, Vail, CO 81657 -(1) List of adjacent property owners and addresses -(1) Site plan of adjacent property owners -(1) set of addressed envelopes to adjacent property owners with stamps -(1) zoning sheet for lot 7 proposed enlarged lot break down of allowable GRFA and Site coverage per new lot size -(1) zoning sheet for Lot 6 proposed reduced lot break down of allowable GRFA and site coverage per new lot size -(1) Sheet A2.2 Existing House Area Calcs for existing house on lot 6 showing compliance with Allowable GRFA and site coverage per proposed lot size -(2) Exemption Plat — Vail Village, Second Filing, Lot 6 and 7 -(2) Exhibit for Exemption Plat — Vail Village, Second Filing, Lot 6 and 7 -(1) Check #3825 Town of Vail Community Development for $650 COMMENTS The owner proposes to move the property line of Lot 7 to the east as shown on the Plat into Lot 6, reducing the size of Lot 6 and increasing the size of lot 7. Thank you very much. Hans Berglund P.O. Box 2378, Edwards, CO 81632 Tel: 970 926 -4301 fax: 970 926 -4364 DEC 10 2010 TOWN OF VAIL Dec 08 12 11:35p VAIL SECURITIES INVESTMEN 9704765531 p.2 OF VAfi,� ]DINT PROPERTY OWNER WRITTEN 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 o,- multi- tenant building. This form shall be completed by the applicant's 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) i"1s1t-<I .!� a joint owner, or authority of the association, of property located at Z — My 9v C...; �— provide this letter as written approval of the plans dated 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: (Signature) I n-- y — Viz) (Date) Additionally, please check the statement below which is most applicable to you: o I understand that minor modifications may be made to the plans over the course of the review process to en- sure compliance with the Town's applicable codes and regulations (Initial here) a I request that all modifications, minor or otherwise, which are made to the plans over the course of the re- view process, be brought to my attention by the applicant for additional approval before undergoing further re- view by the Town. (Initial here) F:1cdevkFormsTermitslPl anning\P ECVADM_Exemption_Piat_100110 BERGLUND ARCHITECTS Zoning Sheet - Proposed smaller lot - 212 West Meadow Drive, Vail Village Filing 2, Lot 6 Zone District: 2 family residential ( R ) Lot is .444 acres, equal to Allowable GFRA (see attached sheet A2.2 for more information) 19,329 SF 12/13/2010 .46 SF /1 SFof site area < 10,000 SF of site area 10,000 x 0.46 equals 4,600 SF .38 SF per 1 SF of site area > 10,000 SF of site area 5,000 x 0.38 equals 1,900 SF .13 SF per 1 SF of site area > 10,000 SF of site area 4,329 x 0.13 equals 563 SF Total Allowed Gross Residential Floor Area (GRFA) for entire lot 7,063 SF Existing GRFA 3,679 Remaining GRFA 3,384 SF Allowable site coverage is 20% of lot Existing site coverage Remaining site coverage Setbacks 20' from front 15' from sides 15' from rear Patio can extend to property line if less than 5' above grade Decks can encroach set back 5' Roof or architectural projections can encroach 4' Height Flat or mansard roofs not to exceed 30' Sloping roof not to exceed 33' Garage Allow 600 sq. ft. per unit in addition to allowable GFRA 3,866 SF 2,529 SF 1,337 SF Landscape min 60% of lot shall be landscaped Parking Required per Chapter 10 If dwelling is more than 2,000 and less than 4,000 GRFA 3 spaces are required BERGLUND ARCHITECTS Zoning Sheet - Proposed Enlarged Lot - 232 West Meadow Drive, Vail Village Filing 2, Lot 7 Zone District: 2 family residential ( R ) Lot is .672 acres, equal to Allowable GFRA .46 SF /1 SFof site area < 10,000 SF of site area .38 SF per 1 SF of site area > 10,000 SF of site area .13 SF per 1 SF of site area > 10,000 SF of site area Total Allowed Gross Residential Floor Area (GRFA) for entire lot Allowable site coverage is 20% of lot Setbacks 20' from front 15' from sides 15' from rear Patio can extend to property line if less than 5' above grade Decks can encroach set back 5' Roof or architectural projections can encroach 4' Height Flat or mansard roofs not to exceed 30' Sloping roof not to exceed 33' Garage Allow 600 sq. ft. per unit in addition to allowable GFRA Landscape min 60% of lot shall be landscaped Parking Required per Chapter 10 If dwelling is more than 5,500 GRFA 5 spaces are required 29,277 SF 10,000 x 0.46 equals 5,000 x 0.38 equals 14,277 x 0.13 equals 11/22/2010 4,600 SF 1,900 SF 1,856 SF 8.356 SF 5,855 SF 1• J ;� `• � N y LLI ot AK *S Aj f � A4 z > ui o w 18 * - .46 1 to w 2 L cn co Lots 6 and 7 — West Meadow Drive adjacent property owners and address: Lot E and F — 181 West Meadow Drive Owner Name: Vail Clinic, INC. In Care of Name: Vail Valley Medical Center Owner Address: PO Box 40000 Vail, CO 81658 Lot 5 — 182 West Meadow Drive Owner Name: Duke Family, LLC. Owner Address: 123 Madison St. Ste. 105 Denver, CO 80206 -5417 Lot 8 — 252 West Meadow Drive #A Owner Name: Glenda K. Corrigan QPR Trust — Fredric W. Corrigan QPR Trust Owner Address: 6509 Biscayne Blvd. Edina, MN 55436 Lot 38 — 193 Beaver Damn Rd. Owner Name: Hines M. Marshall, JR Owner Address: 1086 Aillet Rd. Broussard, Q 70518 Lot 39 — 223 Beaver Damn Rd. Owner Name: Jat Family Partnership, LLLP. Owner Address: 2552 E. Alameda 37 Denver, CO 80209 Lot 40 Unit A — 265 Beaver Damn Rd. Owner Name: Daivd M. and Elizabeth Cohen Owner Address: 6350 Riverside Dr. Atlanta, GA 30328 Lot 40 Unit b — 275 Beaver Damn Rd. Owner Name: Timothy W. Barrett Owner Address: PO Box 209 Wayne, IL 60184 Lot 41 — 333 Beaver Damn Rd. Owner Name: Paul G. Smith Revocable Trust Owner Address: 9422 Mayberry St. Omaha, NE 68114 Lot 6 — 332 Beaver Damn Cir. #B Owner Name: Jeff and DannaWiepking Owner Address: 4600 S. Downing St. Englewood, CO 80113 Heritage H—F(Tltle Company MakinK Tinnsncziom I'rruenai P.O. Box 1980, 50 Chambers Ave. Suite I Eagle, CO 81631 Phone: (970) 328 -5211 Fax: (866) 828 -9541 DATE: December 9, 2010 FILE NUMBER: 454- HO298646- 610 -ETO PROPERTY ADDRESS: 212 and 232 W. Meadow Drive, Vail, CO 81657 OWNER/BUYER: Lincoln Trust Co. Trustee for the benefit of Mervyn Lapin and Mervyn Lapin (As to Parcel 1) and Mervyn Lapin (As to Parcel 2) / To be determined ASSESSOR PARCEL NUMBER: 210107101005 R007430 210107101004 R008320 PLEASE REVIEW THE ENCLOSED MATERIAL COMPLETELY AND TAKE NOTE OF THE FOLLOWING TERMS CONTAINED THEREIN: Transmittal: Schedule A: Schedule B - Section I Requirements: Schedule B — Section 2 Exceptions: Should you have any questions regarding these materials, or our new on -line transaction management program TitleVault, please contact Heritage Title Company at the above phone number. We sincerely thank you for your business. C1TLTLEVAULT Heritage Title Company Eagle Title Plant - Title Only P.O. Box 1980 50 Chambers Ave. Suite I Eagle, CO 81631 ATTN: Eagle Title Only PHONE: (970) 328 -5211 FAX: (866) 828 -9541 E- MAIL: titlevaulteagle @heritagetco.com DELIVERY: E -MAIL NO. OF COPIES: 1 TO: Berglund Architects, LLC ATTN: Hans Berglund PO Box 2378 PHONE: (970) 9264301 FAX: (970) 9264364 Edwards, CO 81632 E -MAIL: hans @berglundarchitects.com DELIVERY: Email ❑ If checked, supporting documentation enclosed NO. OF COPIES: 1 END OF TRANSMITTAL Herige Title ta Company tn T rw1wo,m W"Orwi Comnwnarea� Date: December 9, 2010 RE: Buyer/Borrower: To be determined Seller(s): Lincoln Trust Co. Trustee for the benefit of Mervyn Lapin and Mervyn Lapin (As to Parcel 1) and Mervyn Lapin (As to Parcel 2) Property Address: 212 and 232 W. Meadow Drive, Vail, CO 81657 Assessor Parcel Number: 210107101005 R007430 210107101004 R008320 Commitment Number: 454- HO298646- 610 -ETO We would like to thank you for choosing Heritage Title Company for your title insurance needs. For all of your closing needs, including Tax Certificate, Settlement Statement/HUD or Insured Closing Letters, your Escrow Officer is: Eagle Title Only: Phone: (970) 328 -5211 Fax: (866) 828 -9541 Email: titlevaulteagle @heritagetco.com Location of Closing: P.O. Box 1980 50 Chambers Ave. Suite I Eagle, CO 81631 WIRING INSTRUCTIONS Wells Fargo Bank: 550 California Street, 10 Floor San Francisco, CA 94104 Account Name: Heritage Title Company Account Number: 8861647025 ABA Number: 121000248 Reference: 454- HO298646- 610 -ETO 212 and 232 W. Meadow Drive, Vail, CO 81657 Visit our website www.herita2etco.com for a demonstration of our Online Transaction Management Service, TitleVault. This amazing program allows you to manage your transactions 24/7! Contact your Business Development Representative for a login and password. QTITLE VAULT Once again, thank you for your business. We look forward to servicing your transaction Sincerely, Heritage Title Company 12/09/2010 12:20:22 PM Commitment No.: 454- HO298646- 610 -ETO Commonwealth Land Title Insurance Company COMMITMENT SCHEDULE A Commitment No: 454- HO298646- 610 -ETO 1. Effective Date: December 1, 2010 at 7:00 A.M. 2. Policy or policies to be issued: Proposed Insured (a) ALTA 2006 Owner's Policy To be determined (b) None Policy Amount $TO COME 3. The estate or interest in the land described or referred to in this Commitment is: A Fee Simple 4. Title to the estate or interest in the land is at the Effective Date vested in: Lincoln Trust Co. Trustee for the benefit of Mervyn Lapin and Mervyn Lapin, as their interests may appear (As to Parcel 1) and Mervyn Lapin (As to Parcel 2) 5. The land referred to in this Commitment is described as follows: See Attached Legal Description (for informational purposes only) 212 and 232 W. Meadow Drive, Vail, CO 81657 PREMIUMS: Title research fee: $100.00 Copyright 2006 -2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees AMHUCAN and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. LANP.TME 12/09/2010 12:20:22 PM Attached Legal Description Parcel 1: Commitment No.: 454- H0298646- 610 -ETO Lot 6, Vail Village Filing 2, Amendment, according to the map recorded March 25, 1963 at Reception No. 97199, County of Eagle, State of Colorado. Parcel 2: Lot 7, Vail Village Filing 2, Amendment, according to the map recorded March 25, 1963 at Reception No. 97199, County of Eagle, State of Colorado Copyright 2006 -2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. :A..,e ..as 12/09/2010 12:20:22 PM SCHEDULE B — Section 1 Requirements The following requirements must be met: Commitment No.: 4 54- HO298646- 610 -ETO a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. b. Pay us the premiums, fees and charges for the policy. C. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. d. Evidence that any and all assessments for common expenses, if any, have been paid. e. The Company will require that an Affidavit and Indemnity Agreement be completed by the party(s) named below before the issuance of any policy of title insurance. Party(s): Lincoln Trust Co. Trustee for the benefit of Mervyn Lapin and Mervyn Lapin (As to Parcel 1) and Mervyn Lapin (As to Parcel 2) The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit. f. Deed sufficient to convey the fee simple estate or interest in the Land described or referred to herein, to the Proposed Insured Purchaser. g. The Company reserves the right to add additional exceptions and/or make further requirements once the identity of the Purchaser is disclosed. END OF REQUIREMENTS Copyright 2006 -2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. 12/09/2010 12:20:22 PM SCHEDULE B — Section 2 Exceptions Commitment No.: 454- H0298646- 610 -ETO Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: Any facts, rights, interests or claims that are not shown by the Public Records but which 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. Any encroachments, encumbrances, 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 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 the value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims of title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 7. (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. 8. Reservations contained in the Patent From: The United States of America Recording Date: September 04, 1923 Recording No: Book 93 at Page 98 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. The right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as provided by law. 9. Covenants, conditions and restrictions, which do not include a forfeiture or reverter clause, but omitting any covenants or restrictions, if any, including but not limited to those 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 set forth in the document Copyright 2006 -2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. "MEaic N LANG TITLE ~ss<ca�i�ou 12/09/2010 12:20:22 PM Commitment No.: 454- x0298646 - 610 -ETO Recording Date: January 09, 1963 Recording No: Book 174 at Page 431 10. Easements, reservations and restrictions as shown on the Plat recorded January 09, 1963 at Reception NO. 96928 and amendment thereto recorded March 25, 1963 at Reception No. 97199. END OF EXCEPTIONS Copyright 2006 -2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees AM EKICAN s.AN > and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. I E 12/09/2010 12:20:22 PM Commitment No.: 454- HO298646- 610 -ETO re C ommonwealt h TM LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE Issued by Heritage Title Company AS AGENT FOR Commonwealth Land Title Insurance Company Commonwealth Land Title Insurance Company, a Nebraska 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 Schedule A and B and to the Conditions of this Commitment. The 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 6 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 fault of the Company. The Company will provided a sample of the policy form upon request. IN WITNESS WHEREOF, Commonwealth Land Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. `W Attest: l 1 ' `�____ _ o SEAL o = By: ,. Secretary � : •�a� President Copyright 2006 -2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees AMEAICAIV and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. 1 T_TITLE 12/09/2010 12:20:22 .PM CONDITIONS Commitment No.: 454- HO298646- 610 -ETO L 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. 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, 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 policies or policies committed for and such liability is subject to the insuring provisions and Conditions 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 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: / /wwty. a lta. org Copyright 2006 -2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees AMERICAN and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. !a?±0 T!(lE 12/09/2010 12:20:22 PM DISCLOSURE STATEMENT Commitment No.: 454- HO298646- 610 -ETO • Pursuant to Section 38 -25 -125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 3 -5 -1 (Section 6), if the parties to the subject transaction request us to provide escrow - settlement and disbursement services to facilitate the closing of the transaction, then all funds submitted for disbursement must be available for immediate withdrawal. • Colorado Division of Insurance Regulation 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 Heritage Title Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception No. 5 in Schedule B -2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued. • If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39 -22 -604.5 (Nonresident Withholding). • Section 39 -14 -102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said Declaration shall be completed and signed by either the grantor or grantee. • Recording statutes contained in Section 30- 10- 406(3)(a) of the Colorado Revised Statutes require 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 an document that does not conform to requirements of this paragraph. • Section 38 -25 -109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. • Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front page of every document being recorded. • Pursuant to Section 10 -11 -122 of the Colorado Revised Statutes, 1987 the Company is required to disclose the following information: o The subject property may be located in a special taxing district. o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. o 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. • Pursuant to Section 10 -11 -123 of the Colorado Revised Statutes, when it is determined that a mineral estate has been severed from the surface estate, the Company is required to disclose the following information: 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 that such mineral estate may include the right to enter and use the property without the surface owner's permission. • Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.. t,opyright 2006 -2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. 12/09/2010 12:20:22 PM Commitment No.: 454- HO298646- 610 -ETO Effective Date 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ( "FNF ") respect the privacy and security of your non - public personal information ( "Personal Information ") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; • Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third -party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Pagel of 2 Privacy Statement 12/09/2010 12:20:22 PM Commitment No.: 454- HO298646- 610 -ETO Fidelity National Financial, Inc. Privacy Statement (Continued) Disclosure to Affiliated Companies — We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties — We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's_ current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future coverage claims For your protection, all requests made under this section must be in writing and nd must include your notarized signature to establish Your identity Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Page 2 of 2 Privacy Statement