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HomeMy WebLinkAboutDRB110233APP L1 CA-hIT o o Department of Community Development 75 South Frontage Road TOWN of VAIL Vail, CO 81657 JUN 2 7 2011 Tel: 970 -479 -2128 wwv..vailgov.com Development Review Coordinator VA I I Application for Design Review Additions - Residential or Commercial General Information: This application is required for all proposals mvc', i�g the addition of any floor area. in- eluding net floor area and or gross residential floor area (GRFA). This also includes proposals for 'residential 250 additions' and interior conversions . Applicable Vail Town Code sections can be found at www.vaif oq v_cpm under Vail Information -- Town Code Online. All projects requiring design review must re ^eive approval prior to submitting a building permit application. An application for Design Rev!ew cannot be accepted until all required information is received by the Community Development Departmen*w, as outlined in the submittal requirements. The project may also need to be reviewed by the Town CoLncil andror the Plan- ning and Environmental Commission. Design review approval expires one year frorn the date of approval. unless a building permit is issued and construction commences. Fee: $300 Single Family Duplex ✓ Multi- Family Commercial Description of the Request REPLACE: 50ME EX0STIWA WIN17OW5� AOL? WCW Ulu4OWS �N� INGREWSE_ TNE LCfrT LEVEL F1,002 g2hlq 134 1(c.(o J a,;r r. Addition of Igo. (o _ sq It of GRFA (Resident -a!) or sq It of net floor area ( Gornmercial Office) Physical Address: 225 WALL ST. UNIT - 5 308 �, 309 Parcel Number: 11 0108222 039 _ iConfact EaUle Cc Assessor at 9 a 323.8641" pa(ce; no a Property Owner: V >, h4L1 t 5 TO W W SEND _ Mailing Address: 11311 Me CORMICK ROAD, SUITE 470 14uy► \)ALLEI MP 21031 Phone 410) 3Zl- 1`10 Owner's Signature: Primary Contact Owner Representative: ARCIN 1TE6TVA SERNACES - DAu4y Swctz rFeGr-R Mailing Address P- &X 385 _EDWAQPS I <0 81 (032 Phone: (970) `12b —7605 E -Mail: q $ PG - _�S C C°fllVl" + ll '12i Fax: (91C) 1 - 7410 For Office Use Only: Cash _ CC V:sa MC Last 4 t;C 9 Fee said: 4 300,_C>0 Meeting Date...__.__...__._ Planner. Exp. Date. _ __ Au"I 4 Check Rece•ved f ron, p,,y StvE�tTr= �GE2 _ Prpiect N . P_ �s `- o aQ, Zoning: Ldnd Use �_ -- Location of the Proposal: Lot: Block: Subdivision: Go A P F L 1 C A W - r Department of Community Development D (( C1�1 14 Is 75 South Frontage Road TOWN OF VA E C �'J Vail, CO 81657 Tel: 970 -479 -2128 JUN 2 '7 2011 www.vailgov.com Development Review Coordinator Minor Exterior Alteration General Information: Th s apps :cat :pn :s rec;uired for att prcposats i1*t.vo1v,r1g r►i�ror changes to bu}ld rqs and site , mprove- merts. such as roof!rg, pa!* ng. -v-ndo%v addit :ors. lar. dscap :ng. fences. reta:r;ng walls. etc. Applicable Vati Towr Code sections car be found at y.�v;v. �a y urger Vail Infcrltat;on - Towr, Code Orhne. All projects requ.rirrg de- Sign rev :ew must receive approva' Onar to subm rg a 13 00 11 ng pert^ t (toplicafion, Ar a pplicat ion to, Design Re view carnct be accepted unto ail regti red 00r'rat :or. is recesved by the Conlm Developinen: aepartmert, as oust red it the submittal requirements. The project may also reed !o be revieyve by the Town Co n. c ;l ard•or the Ptarr-ng and v : Erronmert Co mmission. Desgr r approva; exp'•res orle yea From the date of approval, unless a building per - mil is issued and construct:on commerces. Fee: $250 for Multi - Family :`Commercial $20 for Single Family`Duptex Single Family Duplex _._.._ Multi- Family _ X ...__.. Commercial Description of the Request: Install new window -- _ -- Physical Address: 225 Wall St., Ste. 240, Vail, CO 81657 Parcel Number: 2.1 Q 1.08222 (Contact Eagle Co. Assessor at 970 328.864q for pa rcel no, Property Owner: _Arthur Kelton, Jr. _ Mailing Address: . .Wall St. _240, _Vail, CO _ 7._...__._ .. hone. 97 --476- 995 Owner's Signature: Primary Contact- owner Representative: Danny swertfe rc _itectural .Services, Mailing Address: PO Box 385, Edwards,. CO 81632 ---- - ___.__.- _— _- _---- . - - - -_ ._. - - -- Phone: 9.70_ -.. _6. -76Il5 ..___ - - - -- E -Mail: -- asp..c__dstc.entur -yteI. net. Fax: 97.0_ - 92.6 -76 0 For Office Use Only: Cash, CC Visa taC Last a Cl- •• Fee Paid: Meeting Date: Manner: Zoning: - - Location of the Proposal: Lot:_. _ Block:_ Exp. Date. Awn #.-___._- ._ -_... Check # -. Received From, ORB No. Protect No Land Use: Subdivision: P. C. Land Title Guarantee Company Date: June 20, 2011 ARTHUR KELTON, JR. C/O BERENBAUM, WEINSHIENK P.C. 370 17TH STREET -48TH FLOOR DENVER, CO 80202 -5626 ATTN: H. MICHAEL MILLER Enclosed please find the title insurance policy for your property located at 281 WALL STREET, UNIT 240 LAZIER ARCADE CONDOMINIUM VAIL CO 81657 The following endorsements are included in this policy: Deletion of Exceptions 1 -3 Deletion of General Exception 4 Endorsement Alta4.1 Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions regarding your final title policy, you may contact Title Department Phone: 970-476-2251 Fax:970- 476 -4534 Please refer to our Order No. VC50030139 Should you decide to sell the property described in this policy, or if you are required to purchase a new title commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums. Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products and services to you quickly and efficiently. Thank you for giving us the opportunity to serve you. Sincerely, Land Title Guarantee Company Form AO /FA LTG Policy No. TAAHSO030139 Our Order No. VC50030139 Schedule A Amount $275,000.00 Property Address: 281 WALL STREET, UNIT 240 LAZIER ARCADE CONDOMINIUM VAIL CO 81657 1. Policy Date: January 26, 2011 at 5:00 P.M. 2. Name of Insured: ARTHUR KELTON, JR. 3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A Fee Simple 4. Title to the estate or interest covered by this policy at the date hereof is vested in: ARTHUR KELTON, JR. 5. The land referred to in this policy is described as follows: CONDOMINIUM UNIT NO. 240, LAZIER - ARCADE CONDOMINIUM BUILDING, ACCORDING TO THE AMENDED CONDOMINIUM MAP RECORDED AUGUST 25, 2009 AT RECEPTION NO. 200918656 AND AS DEFINED IN THE CONDOMINIUM DECLARATION RECORDED JANUARY 25, 1968 AT RECEPTION NO. 107451 AND THE AMENDED CONDOMINIUM DECLARATION RECORDED AUGUST 25, 2009 AT RECEPTION NO. 200918655, COUNTY OF EAGLE, STATE OF COLORADO. This Policy valid only if Schedule B is attached. Land Title Guarantee Company Representing First American Title Insurance Company Form AO /FA Our Order No. VC50030139 Schedule B LTG Policy No. TAAHSO030139 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: General Exceptions: This policy does not insure against loss or damage by reason of the following: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land of that may asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the Land would disclose, and which are 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. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. TAXES AND ASSESSMENTS FOR 2011 AND SUBSEQUENT YEARS. EXISTING LEASES AND TENANCIES, IF ANY. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE 475. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE 475. 10. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. Form AO /FA Our Order No. VC50030139 Schedule B LTG Policy No. TAAHSO030139 11. EASEMENTS, ENCROACHMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED CONDOMINIUM MAP OF LAZIER - ARCADE CONDOMINIUM BUILDING RECORDED JANUARY 25, 1968 IN BOOK 212 AT PAGE 94 AND AMENDMENT THERETO RECORDED AUGUST 25, 2009 AT RECEPTION NO. 200918656. 12. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED JANUARY 25, 1968, UNDER RECEPTION NO. 107451 AND AMENDMENT THERETO RECORDED AUGUST 25, 2009 AT RECEPTION NO. 200918655. NOTE: SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL PROVISION DESCRIBED IN ARTICLE 36 OF SAID DECLARATION. 13. TERMS, CONDITIONS AND PROVISIONS OF BROADBAND EASEMENT AND RIGHT OF ENTRY AGREEMENT RECORDED APRIL 29, 1997 IN BOOK 725 AT PAGE 500. 14. EASEMENTS AS GRANTED BY INSTRUMENT RECORDED JULY 26, 2005 UNDER RECEPTION NO. 923880. ITEM NOS. 1 THROUGH 3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF ARTHUR KELTON, JR.. FIRST AMERICAN TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF ARTHUR KELTON, JR.. ITEM NO. 5 OF THE GENERAL EXCEPTIONS IS DELETED. Land Title Guarantee Company Case VC50030139 Policy TAAHSO030139 Loan # ENDORSEMENT ALTA4.1 - 06 The company hereby insures against loss or damage sustained by the Insured by reason of: (1) The failure of the unit identified in Schedule A and its common elements to be part of a condominium within the meaning of the condominium statutes of the jurisdiction in which the unit and its common elements are located. (2) The failure of the documents required by said condominium statutes to comply with the requirements of statutes to the extent that such failure affects the Title to the unit and its common elements. (3) Present violations of any restrictive covenants that restrict the use of the unit and its common elements and that are contained in the condominium documents or the forfeiture or reversion of Title by reason of any provision contained in the restrictive covenants. As used in this paragraph 3, the words "restrictive covenants" do not refer to or include any covenant, condition, or restriction (a) relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to enviornmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy and is not excepted in Schedule B. (4) Any charges or assessments provided for in the condominium statutes and condominium documents due and unpaid at Date of Policy. (5) The failure of the unit and its common elements to be entitled by law to be assessed for real property taxes as a separate parcel. (6) Any obligation to remove any improvements that exist at Date of Policy because of any present encroachments or because of any future unintentional encroachment of the common elements upon any unit or of any unit upon the common elements or another unit. (7) The failure of the Title by reason of a right of first refusal, to purchase the unit and its common elements that was exercised or could have been exercised at Date of Policy. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. ASSOCIATION Representing First American Title Insurance Company TOWN OF VA JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER N /A The applicant must submit written joint property owner approval for applications affecting shared ownership properties such as duplex, condominium, and multi- tenant buildings. This form, or similar written correspondence, must be com- pleted by the adjoining duplex unit owner or the authorized agent of the home owner's association in the case of a con- dominium or multi- tenant building. All completed forms must be submitted with the applicants completed application. I, (print name) of property located at approval of the plans dated a joint owner, or authority of the association, provide this letter as written which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address not- ed above. I understand that the proposed improvements include: (Signature) (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 review process to ensure compli- ance with the Town's applicable codes and regulations. (Initial here) I understand that all modifications, minor or otherwise, which are made to the plans over the course of the review pro- cess, be brought to my attention by the applicant for additional approval before undergoing further review by the Town. (Initial here) SUBMITTAL REQUIREMENTS Please submit the following items to proceed with design review. Submit three (3 *) copies of the materials noted with an asterisk ( *) and one (1) copy of all others. In addition to paper copies, a PDF, electronic version, of all submittals shall be submitted on disk or emailed to the assigned Planner. Completed application form including owner's signature (cover sheet). Application fee • Additional fees may be required if: 1) Any local, state or Federal agency review is required, 2) Publishing fees are in excess of 50% of the application fee, or 3) External consultants are required by the Town to re- view significant impacts on the community. mr' Project narrative describing the background, purpose and details of the proposal (Address To: Design Review Board). s"' Title report, including Schedules A & B to verify ownership and easements. NSA ❑ Joint Property Owner Written Approval Letter, if applicable (pg. 2). This form is applicable to all Design Review appli- cants that share ownership of the subject 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 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. 1 /A ❑ Utility Approval and Verification Form, if applicable (pg. 7). This form is applicable to any construction within an ease- ment and may be required for any construction if deemed necessary by Town of Vail Staff. se Plan Sheet Format (Applies to all plan sheets) w Plan sheet size must be 24 "x 36 ". For large projects, larger plan size may be allowed. • Graphic bar scale (minimum scale is 1 "= 2010'). • North arrow. • Title block, project name, project address and legal description. • Indication of plan preparer, address and phone number. • Dates of original plan preparation and all revision dates. • Sheet labels and numbers. • A border with a minimum left side margin of 1.5 ". • Plan legend. �l Plan Set Cover Sheet* • Project name. • Address and legal description. • Sheet Index. • Preparer's contact information and other relevant contacts (i.e. Owner, Surveyor, Contractor). • Vicinity map or location map at a scale of 1 "= 1,000' or larger. U/A ❑ Stamped Topographic Survey* • Wet stamp and signature of a licensed surveyor. • Scale of 1 " =10' or 1 "= 2010'. • Legal description and physical address. • Lot size and build able area (excludes red hazard avalanche, slopes greater than 40 %, and floodplain). • Labeled ties to existing benchmark, either USGS landmark or sewer invert. • Property boundaries to the nearest hundredth (.01) of a foot accuracy. Distances and bearings and a basis of bearing must be shown. Show existing pins or monuments found and their relationship to the established corner. • Show right of way and property lines; including bearings, distances and curve information. • Indicate all easements identified on the subdivision plat and recorded against the property as indicated in the title report. List any easement restrictions. • Spot Elevations at the edge of asphalt, along the street frontage of the property at twenty -five foot intervals (25), and a minimum of one spot elevations on either side of the lot. • Topographic conditions at two foot contour intervals. • Existing trees or groups of trees having trunks with diameters of 4" or more. • Rock outcroppings and other significant natural features (large boulders, intermittent streams, etc.). • All existing improvements (including foundation walls, roof overhangs, building overhangs, etc.). • Environmental Hazards (i.e. rock fall, debris flow, avalanche, wetlands, floodplain, soils). • Wetland delineation and provide any necessary approvals or permits from Colorado Department of Natural Resources and/ or Army Corp of Engineers. f: \cd ev \forms \perm its\ Planning\ D R B\ D R B_A d d i t i o n_010111 • Watercourse setbacks, if applicable (show centerline and edge of stream or creek in addition to the required stream or creak setback). • Show all utility meter locations, including any pedestals on site or in the right -of -way adjacent to the site. Ex- act location of existing utility sources and proposed service lines from their source to the structure. Utilities to include, cable TV, sewer, gas, telephone, water, electric, size and type of drainage culverts, swales, etc. • Adjacent roadways labeled and edge of asphalt for both sides of the roadway shown for a minimum of 250' in either direction from property. • Any adjacent sidewalks and trails. 14 /A ❑ Site and Grading Plan* • Scale of 1 " =2010' or 1 " =10' (The site and grading plan must be drawn at the same scale as the topographic survey). • Lot size and buildable area (excludes red hazard avalanche, slopes greater than 40 %, and floodplain). • Property and setback lines. • Existing and proposed easements. • Existing and proposed grades. All disturbed areas must be returned to a 2:1 grade or PE stamped details of slope protection and /or stable soils are required. • Existing and proposed layout of buildings and other structures including decks, patios, fences and walls. Indi- cate the foundation with a dashed line and the roof edge with a solid line. • All proposed roof ridge lines with proposed ridge elevations. Indicate existing (natural grade prior to construc- tion of structure) and proposed grades shown underneath all roof lines. This will be used to calculate building height. • Proposed driveways: Site plan must show driveway type, finished surface, heated or unheated, grade, per- cent slope, dimensions, turning radii, site distance, required parking spaces with 9' x 19' surface parking spaces and 9'x 18' enclosed spaces, and spot elevations at the property line, garage slab and as necessary along the centerline of the driveway to accurately reflect grade. • A 4' wide unheated concrete pan at the edge of driveway. • Locations of all utilities including meter pits, existing sources and proposed service lines from sources to the structures. • Proposed surface drainage on and off -site, including culverts. • Location of landscaped areas. • Location of limits of disturbance fencing. • Names of all adjacent roadways. • Snow storage must be shown within property boundaries adjacent to driveway (30% of driveway area if un- heated, 10% of driveway area if heated). • Proposed dumpster location and detail of dumpster enclosure. • Retaining walls with proposed elevations at top and bottom of walls. A detailed cross - section and elevation drawings shall be provided on the plan or separate sheet. Stamped engineering drawings are required for walls between 4' and 6' feet in height and all combination walls. • If less than one half acre is to be disturbed, proper erosion control devices need to be shown on the site plan. If more than one half acre is to be disturbed, then a separate professionally engineered and PE stamped Ero- sion Control Plan must be submitted. • 100 -year floodplain. • Location of all geologic /environmental hazard areas. • Delineate areas to be phased and appropriate timing, if applicable. N/A ❑ Landscape Plan* • Scale of 1 " = 20' or 1 " = 10' • Landscape plan must be drawn at the same scale as the site plan. • Location of existing trees, 4" diameter or larger. Indicate trees to remain, to be relocated (including new loca- tion), and to be removed. Large stands of trees may be shown (as bubble) if the strand is not being affected by the proposed improvements and grading. • Indicate all existing ground cover and shrubs. • Detailed legend, listing the type and size (caliper for deciduous trees, height for conifers, gallon size for shrubs and height for foundation shrubs) of all the existing and proposed plant material including ground cov- er. • Delineate critical root zones for existing trees in close proximity to site grading and construction. • Indicate the location of all proposed plantings. • The location and type of existing and proposed watering systems. • Existing and proposed contour lines. Retaining walls shall be included with the top of wall and the bottom of wall elevations noted. • Landscaping summary, including the botanical and common names, size and quantity of trees to be removed and proposed trees. The minimum size for proposed trees is 2" caliper deciduous trees, coniferous trees that are six feet in height, and 5 gallon shrubs. Also specify types of groundcover and proposed square footage. Include a description of any other landscaping features (ponds, fountains, retaining walls, pools, etc). Y' Architectural Elevations* • Scale of 1/8" = 1' or larger; 1/4" = 1' is preferred. • All elevations, existing and proposed, of the proposed development shall be drawn to scale and fully dimen- sioned. The elevation drawings must show both existing and finished grades. Floor plans and building eleva- tions must be drawn at the same scale. • Show all building faces including angles not represented well on the normal building elevations. • Elevations shall show proposed finished elevation of floors and roofs on all levels. • All exterior materials and colors shall be specified on the elevations. • The following shall be shown graphically and fully dimensioned: fascia, trim, railings, chimney caps, meter locations, meter screening methods and window details. • Show all proposed exterior lighting fixtures on the building. • Illustrate all decks, porches and balconies. • Indicate the roof and building drainage system (i.e. gutters and downspouts). • Indicate all rooftop mechanical systems and all other roof structures, if applicable. • Illustrate proposed building height elevation on roof lines and ridges. These elevations should coordinate with the finished floor elevations and the datum used for the survey. • Exterior color and material samples shall be submitted to staff and presented at the Design Review Board meeting. s� Architectural Floor Plans* • Scale of 1/8" = 1' or larger; 1/4" = 1' is preferred. • All floor plans, existing and proposed, of the proposed development shall be drawn to scale and fully dimen- sioned. • Floor plans and building elevations must be drawn at the same scale. • Clearly indicate the inside face and outside face, of the sheathing, of the exterior structural walls of the build- ing. • Label floor plans to indicate the proposed floor area use (i.e. bedroom, kitchen, etc.). • One set of floor plans must be "red - lined" indicating how the gross residential floor area (GRFA) was calculat- ed. See Title 12, Chapter 15 — Gross Residential Floor Area for regulations. • Provide dimensions of all roof eaves and overhangs. A/A ❑ Lighting Plan* • Indicate type, location and number of fixtures. • Include height above grade, • Cut sheet(s) for proposed fixtures & verification of "Full Cutoff" class as recommended by the IDA. V Gross Residential Floor Area calculations (including allowable, existing, proposed, and total GRFA for all units in the development plan, including the other half of a duplex). N/A ❑ Site Development Standards calculations (existing and proposed): landscape area, site coverage, building height, number of dwelling units and employee housing units, setbacks, number of enclosed and unenclosed parking spaces, driveway area, snow storage area etc. Exterior building materials list (also to be included on elevations and in materials samples), including location, type of material, and color. Please specify the manufacturer's name, the color name and number. N/A ❑ Exterior color and material samples and specifications. ALL 're MAU N ExVSTIN4 µ/A ❑ Photos of the existing site and adjacent structures, where applicable. N /A ❑ Site - specific Geological Hazard Report, if applicable - If a property is located in or adjacent to a mapped hazard area (i.e. snow avalanche, rockfall, debris flow, floodplain, wetland, poor soils, etc.), the Community Development Depart- ment may require a site - specific geological investigation. ❑ The Administrator and /or DRB may require the submission of additional plans, drawings, specifications, samples and other materials (including a model) if deemed necessary to determine whether a project will comply with Design Guidelines or if the intent of the proposal is not clearly indicated. PROPOSED MATERIALS Building Materials Type of Material Color Roof N 1A STUCCO AT WiNn0wS RCeLq CE�p Siding w1gTG14 EX15TIh1 L Other Wall Materials N /A► Fascia µ /A Soffits W /A Windows 1npkTC.0 EXI5 - rl§4( - yt�g �X tST1a1G /A Window Trim Doors /A Door Trim M /A Hand or Deck Rails N /A Flues N IA. Flashing NSA Chimneys W /^ Trash Enclosures N /q Greenhouses N /A Retaining Walls N 1A Exterior Lighting u /A Other W /AP Notes: Please specify the manufacturer's name, the color name and number and attach a color chip. PROPOSED LANDSCAPING Botanical Name Common Name PROPOSED TREES AND SHRUBS EXISTING TREES TO BE REMOVED Minimum Requirements for Landscaping: Deciduous Trees — 2" Caliper Coniferous Trees — 6' in height Shrubs — 5 Gal. Type Square Footage GROUND COVER SOD SEED IRRIGATION TYPE OF EROSION CONTROL N /off Quantity Size Please specify other landscape features (i.e. retaining walls, fences, swimming pools, etc.) UTILITY APPROVAL & VERIFICATION NIA, This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and schedul- ing installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: Primary Contact / Owner Representative: Primary Contact /Owner Representative Signature Lot Block Subdivision: Phone: Plans Dated: NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right -of -Way Permit may be required for any improvements within a street right -of -way. Contact the Public Works Department for verification 970.479.2198. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact /Owner Representative is required to submit any revised drawings to the above agencies for re- approval & re- verification if the submitted plans are altered in any way after the authorized signature date. Authorized Signature Comments Date QWEST 970.468.6860(tel) 970.468.0672(fax) Contacts: Samuel Tooley samuel.toole west.com XCEL HIGH PRESSURE GAS 970.262.4076 (tel) 970.468.1401 (fax) Contact: Rich Sisneros richard.sisneros xcelener .com HOLY CROSS ENERGY 970.947.5471 (tel) 970.945.4081 (fax) Contact: Jeff Vroom jvroom@holycross.com XCEL Energy 970.262.4038 (fax) 970.262.4024 (tel) Contacts: Kit Bogert Kathryn.Bogert@xcelenergy.com EAGLE RIVER WATER & SANITA- TION DISTRICT 970.477.5435 (tel) 970.477.5434 (fax) Contact: Roby Forsyth rfors h erwsd.or COMCAST CABLE 970.619.0752 (tel) 970.468 -2672 (fax) Contact: Tony Hildreth tony_hildreth@cable.comcast.com CDOT (Only in CDOT Right -of -way) 970.683.6284 (tel) Contact: Dan Roussin Daniel.roussin@dot.state.co.us NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right -of -Way Permit may be required for any improvements within a street right -of -way. Contact the Public Works Department for verification 970.479.2198. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact /Owner Representative is required to submit any revised drawings to the above agencies for re- approval & re- verification if the submitted plans are altered in any way after the authorized signature date. Land Title Guarantee Company Date: April 28, 2011 DENNIS TOWNSEND 11311 MCCORWCK RD. SUITE 470 HUNT VALLEY, MD 21031 Enclosed please find the title insurance policy for your property located at 225 WALL STREET, UNITS 308 AND 309 V The following endorsements are included in thic policy: Deletion of Exceptions 1 -3 Deletion of General Exception 4 CO 8165 Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions regarding your final title policy, you may contact Tide Department Phone: 970 -476 -2251 Fax: 970 -476 -4534 Please refer to our Order No. V50030746 Should you decide to sell the property described in this policy, or if you are required to purchase a new title commitment for mortgage purposes, you may be entitled to a credit toward future tide insurance premiums. Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products and services to you quickly and efficiently. Thank you for giving us the opportunity to serve you. Sincerely, Land Tide Guarantee Company Owner's Policy of Title Insurance ISSUED BY First American Title Insurance Company ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE COMPANY UNDER THIS POLICY MUST BE GIVEN TO THE COMPANY AT THE ADDRESS SHOWN IN SECTION 18 OF THE CONDITIONS. 161111TtMII:S&V SUBJECT TO THE EXCIUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULF B AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation Ithe "Company "I insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: Title being vested other than as stated in Schedule A. Any defect in or lien or encumbrance on the title; This covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title riot properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered: (iv) failure to perform those acts necessary to create a document by electronic rreans authorized by law; (v; a document executed raider a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid (c) 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. The term 'encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the I and of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any jaw, ordinance, permt, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating !o (a) the occupancy, use or enjoyment of the land; (b) the character, dimensions, or location of any inyrovement erected on the Land; Ie) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, bin only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power rot covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of tf!e exercise, describing any part of the land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or sirrilar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, bin only to the extent provided in the Conditions. Issued thrmigh the Office of: Land Title Guarantee Company 610 WEST LIONSHEAD CIRCLE °200 VAIL, CO 81657 970.476.2251 ��rized Sign ure AO.FA.06IALTA 06 Cover Page 1 of 5 FIRST AMERICAN TITLE INSURANCE COMPANY AMERICAN LAND Ti n'_SC CI A! 101 J EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from Ile coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, at expenses Ihat arise by reason of: 1. (a) Any law, ordnance, permit, or governmental regulation (including those relating to building and coning) restricting, regulating, prohibiting or rotating to (i) the occupancy, use, or enjoyment of the Land; Iii; the character, dnensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or N) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit it* coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain This Exclusion does nut modify or lint the coverage provided under Covered Risk 1 or B. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or le) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason nut stated in Covered Risk g of This policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS DEFINITION OF TERMS The following terms when used in this policy ncan: (a) 'Amount of Insurance ": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section Bib) or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy ": The date designated as " [)ate of Policy" in Schedule A. (c) "Entity ": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured ": The Insured named in Schedule A. (il The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or rearganization: (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured. (2) if the grantee wholly owns The named Insured, (3) if the grantee is wholly owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are bolh wholty-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defensed as to any successor that the Company would have had against any predecessor Insured- lei "Insured Clairnard ": An Insured clainng loss or damage. if) 'Knowledge' or "Known ": Actual knowledge, not constructive knowledge or notice that may he imputed to an Insured by reason of the Public Records or any other records that impart contructive notice of matters affecting the Title. (g) "Land ": The land described in Schedule A, and affixed improvements that by law constitute real property. T lie term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any righl, title, interest, estate, or easement in abutting streets, roads, avenue, alleys, lanes, ways, or waterways, but this does not modify or Ilnt the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorised by law. (i) "Public Records ": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title ": The estate or interest described in Schedule A. "Unmarketable Title ": Title affected by an alleged or apparent matter That would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend it there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from Ile Insured of either F) an estate or interest in the Land or fill an obligation secured by a purchase money Mortgage given to the Insured. AOJA.06.2 Cover Page 2 of 5 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (j) in case of any litigation as set forth in Section 51a) of these Conditions, iii) in case Knowledge shall cone to an Insured hereunder of any claim of 111112 or interest that is adverse to the Title, as insured, and that night cause loss or damage f or which the Company maybe liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt ngtice, the Company's liability to the Insured Claimant under the policy shall be reduced 10 the extent of the prejutkce. 4. PROOF OF LOSS In the event the Company is unable to deternine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that consitu les the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (al Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shag have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desireable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall oat be an admission of liability or waiver of any provision of thus policy. If the Company exercises its rights under this subsection, it most to so diligently. M Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a tort of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires tle Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured. at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and Iii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. if the Company is prejudiced by the failure of the Insured to turnish the required cooperation, the Company's obligation to the Insured under the policy shall lerminate, including any liability or obligation to defend prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for exarrination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained. including books, ledgers, checks, memoranda, correspondence, reports, a mails, disks, tapes, and videos whether bearing a date before or after Date at Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to This Section shall not he disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim Failure of the Insured Claimant to submit for examination under oath produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: la) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by tie Insured Claimant that were authorized by the Company rp to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligaiiars of the Company to the Insured under this policy, other than to nake the payment required in the subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. IN To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (it) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expensed incurred by the Insured Claimant that were authorized by the Company tilt to the time of payment and that the Company is obligated to pay. Upon the exercise by ;he Company of either of the options provided for in subsections (bHi) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be mad, shall termnate, including any liability or obligation to defend, prosecute, or continue arry litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has Suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. AO.FA.06.3 Cover Page 3 of 5 (b) It the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (f) the Amount of Insurance shall be increased by 10 %, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date Ilia claim was made by the Insured Clair,rant or as of the date A is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' tees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the t and, or cares the claimof Unmarketable Title, all as insured in a reasonably diligent manner by any method, including litigation and the completion of any appeals. it shall have fully performed its obligations with respect to that natter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Conpany shall have no liability t or loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. M The Company shall not he liable for loss or damage to the Insured for liability voluntarily assuted by the Insured in settling any claim or suit without tie prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to wluch exception is taken in Schedule B or to which the Insured has agreed assured, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid sha0 be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be rnade within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Wherever the Company shall have settled and paid a claim under this policy, it shall he subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to file extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Compairy, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, conpronese, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. IN The Company's right of subrogation includes the rights of the Insured to indermities, guaranties, other pohcys of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Corrparry or the Insured nay demand that the claim or controversy shall be submitted to arbitration pursuant to the Title insurance Arbitration Rules of the American Land Title Association ( "Rules "). Except as provided in the Rules, there shall to no joinder or consolidation with claims or controversies of other person, Arbitrable matters may include, bur are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company of the Insured. All arbitrable natters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsenents, if any, attached to it by the Cnrrpany is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. IN Any claim or loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an atrthorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase Ihe Anuunt of Insurance. 16. SEVERABILITY In l e event any provision of this poicy, in whole or in part, is held invalid or unenforceabe under applicable paw, the policy shall be deemed not to include that provision or such part held to be invalid but all other provisions shall remain in full force and effect. A0.EA.06.4 Cover Paoe 4 of 5 17. CHOICE OF LAW; FORUM laj Choice of Law; The Insured acknowledges the Company has underwritten the risks covered by this policy and determined Ile premium charged theref or in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdicton where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to detemine the applicable law. (b) Choice of roman Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court wit hin the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: i First American Way, Santa Ana CA 92707, Attn: Claims Department AO.FA.06.5 Cover Paqe 5 of 5 Form AO F:\ Our Order No. V50030746 Schedule A Property Address: 225 WALL STREET, UNITS 308.A—ND 309 VAIL CO 81657 1. Policy Date: 2. Name of Insured: DENNIS TOWNSEND April 22. 2011 at 5:00 P.M. Amount 51.400.000.00 3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A FEE SIMPLE 4. Title to the estate or interest covered by this policy at the date hereof is vested in: DENNIS TOWNSEND 5. The land referred to in this policy is described as follows: CONDOMINIUM UNIT NO. 308 AND CONDOMINIUM UNIT NO. 309, LAZIER- ARCADE CONDOMINIUM BUILDING, ACCORDING TO THE AMENDED CONDOMINIUM MAP RECORDED AUGUST 25. 2009 AT RECEPTION NO. 200918656 AND AS DEFINED IN THE CONDOMINIUM DECLARATION RECORDED JANUARY 25, 1968 AT RECEPTION NO. 107451 AND THE AMENDED CONDOMINIUM DECLARATION RECORDED AUGUST 25. 2009 AT RECEPTION NO. 200918655, COUNTY OF EAGLE, STATE OF COLORADO. This Policy valid only if Schedule B is attached. Land Title Guarantee Company Representing First American Title Insurance Company LTG Police No. TA.AHSO030746 LTG Policy No. TAAHSO030746 Form AO /FA Our Order No. V50030746 Schedule B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: General Exceptions: This policy does not insure against loss or damage by reason of the following: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could he ascertained by an inspection of the Land of that may asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Discrepancies, conflict- in boundary lines, shortage in area. encroachments, and any facts which a correct survey am] inspection of the Land would disclose, and which are 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 (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (h), or (c) are shown by the Public Records. 6. 2011 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE. 7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE 475. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE 475. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAI. 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 PER-NUTTED BY .APPLICABLE LAW. AS CONTAINED IN INSTRUMENT RECORDED AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. 10. EASEMENTS, ENCROACHMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED CONDOMINIUM MAP OF LAZIER- ARCADE CONDOMINIUM BUILDING RECORDED JANUARY 25, 1968 IN BOOK 212 AT PAGE 94 AND AMENDMENT Form AO /FA Our Order No. V50030746 Schedule B LTG Policy No. TAAHSO030746 THERETO RECORDED AUGUST 25, 2009 AT RECEPTION NO. 200918656. H. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A. BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE. COLOR. RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED JANUARY 25, 1968, UNDER RECEPTION NO. 107451 AND AMENDMENT THERETO RECORDED ,AUGUST 25, 2009 AT RECEPTION NO. 200918655. NOTE: SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL PROVISION DESCRIBED IN ARTICLE 36 OF SAID DECLARATION. RIGHT OF FIRST REFUSAL RECORDED APRIL 22, 2011 UNDER RECEPTION NO. 201107406. 12. TERMS, CONDITIONS AND PROVISIONS OF BROADBAND EASEMENT AND RIGHT OF ENTRY AGREEMENT RECORDED APRIL 29, 1997 IN BOOK 725 AT PAGE 500. 13. EASEMENTS AS GRANTED BY INSTRUMENT RECORDED JULY 26, 2005 UNDER RECEPTION NO. 923880. 14. DEED OF TRUST DATED APRIL 21, 2011, FROM DENNIS TOWNSEND TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF FIRSTBANK TO SECURE THE SUM OF $980,000.00 RECORDED APRIL 22, 2011, UNDER RECEPTION NO. 201107408. ITEM NOS. I THROUGH 3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED EXCEPT AS TO ANY LIENS RESULTING FROM WORK OR ;MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF DENNIS TOWNSEND. ARCHITECTURAL SERVICES, P. C. 210 Edwards Village Blvd. • C -202 • P.O. Box 385 Edwards, Colorado 81632 Phone: 970.926.7605 • Fax: 970.926.7610 June 27, 2011 Town of Vail, Design Review Board 75 South Frontage Road Vail, Colorado 81657 Re: Townsend Residence Remodel Units 308 and 309, The Wall Street Building Parcel No. - 210108222039, Dennis Townsend Applicant Window Addition to Unit 240, The Wall Street Building Parcel No. - 210108222035, Arthur Kelton Co- Applicant Dear Board Members Mr. Townsend recently purchased the above referenced condominium which is located on the south end of the upper level of the Wall Street Building which is at 225 Wall Street. The original building was built in the mid 1960's when it was called the Lazier Building and it appears that it has not been changed significantly since it was first constructed. It is Mr. Townsend intention to upgrade his entire unit and to maximize its potential. At present the south facing windows of the sitting room, are very small and do not take advantage of the potential views of Vail Mountain and offer very little in the way of natural light. We are proposing to replace the existing windows with larger ones and to provide additional windows above. This will both open the space to the views of Vail Mountain and bring much desired natural light into the space. In addition to the windows on the south side of the sitting room we are proposing to add one on the east side of space. We are also proposing the replacement of an existing window on the east side of the living / dining room with a multi unit window that will be larger and will extend to the southeast corner of the space. In addition to bringing more natural light into this space these east facing windows are intended to open the unit to views of the village with the surrounding shops and pedestrian ways. Mr. Townsend feels that having these views will extend the atmosphere of the village to the people in the unit. Although the south side of the living / dining room has a fair amount existing window area, the natural light is blocked by the building to the south which is only 7 to 8 feet away. The new east facing windows will help to brighten up a space that is presently somewhat dark. In addition to the window modifications. Mr. Townsend would like to expand the floor area of the loft level by +/- 16.6 s.f. Although this is not a large increase in the amount floor area, when combined with some other improvements on this level it will make it feel significantly larger and more open. We are also proposing the addition of an operable window on the south wall of the loft, which will not necessarily provide much in the way of views but will increase the natural light and will provide natural ventilation. June 27, 2011 Town of Vail, Design Review Board Townsend Residence Remodel Page 2 In conjunction with the improvements in Mr. Townsends Condominium, the Owner of Unit 240 directly below, a Mr. Arthur Kelton is proposing the addition of a window in space. The new window would be added between two existing ones and is intended to open his space to the views of Vail Mountain and bring more natural light into it. The existing and proposed windows align with those proposed in Mr. Townsend's space above and we feel that the two modifications compliment each other. Although the proposed change to the south face of the building is a significant change from what is presently there, it is very much in keeping with the existing fenestration on the south side of the living / dining rooms and master bedroom in Mr. Townsends Unit and we feel that the changes will improve the appearance of the facade at this end of the building. We are hopeful that the Board will find our proposal to be acceptable and Mr. Townsend and Mr. Kelton will be allowed to move forward with improvements in their units. Sincerely, Z ECTURA RVICE C. vvert ege Copy to: Denriis Townsend Arthur Kelton ARCHITECTURAL SERVICES-, Po Co 210 Edwards Village Blvd. • C -202 • P.O. Box 385 Edwards, Colorado 81632 Phone: 970.926.7605 • Fax: 970.926.7610 June 27, 2011 Town of Vail, Department Of Community Development 75 South Frontage Road Vail, Colorado 81657 Re: Townsend Residence Remodel Units 308 and 309, The Wall Street Building Parcel No. - 210108222039, Dennis Townsend Applicant Window Addition to Unit 240, The Wall Street Building Parcel No. - 210108222035, Arthur Kelton Co- Applicant To Whom It May Concern: The attached Application is being made for the July 20 DRB meeting and at that meeting we are hoping to get Final Approval for the modifications being proposed. Should your review of the Application and attached drawings find that there is something lacking and you call or e- mail my office with questions, I will be out of the Country and unavailable to respond. I wanted you to know this so you did not think I was being unresponsive, which might cause us to be pulled from the Agenda. If there is real problem with some aspect of the package, I hope that it would still be possible to be included for a preliminary review. You could contact the Contractor, Rollie Kjesbo who is aware that I will be away and he may be able to help provide the information you are seeking or to answer questions you might have. His phone number is 977- 0268. Sincerely, ARCHITECTURAL SERVICES, P.C. Danny Swertfeger Copy to: Dennis Townsend Arthur Kelton IEOEO OTMANOM00IL ARCUTTEc: TTY RAL SERVICES, P. C. 347 June Creek Road • P.O. Box 385 Edwards, Colorado 81632 Phone: 970.926.7605 • Fax: 970.926.7610 WE ARE SENDING YOU CV ❑ Shop drawings ❑ ❑ Copy of letter ❑ DATE 6 27-11 OB No. TO: %. 0, y d t 7. Q i s tf' v✓M UI1N17 ET/tZU�vYIFIV /�R /`�l°Fx- c�.fl'7 /01�.� c.r17l� �i��eR TIUE SSbct' 7ioti /q�OPR�ur RE: TvwNicr•0 1? I 30� t"CC twro »t2 3�i �Z7pN UN17 ?1-O (,U�,,,,n� 1'l1olJITION Ci� Via t-111?-0 D'alyfmo the following items: Prints / sepias ❑ Plans ❑ Samples ❑ Specifications Change order ❑ Originals ❑ COPIES DATE NO. DESCRIPTION /�R /`�l°Fx- c�.fl'7 /01�.� c.r17l� �i��eR TIUE SSbct' 7ioti /q�OPR�ur p CIS 7- T. 1 .c l e L l j r jq 4b- �MN, T7�r not1� 0t3 w 1 - 77 9 C E7 P e l- G - 27' 1 r t t-o i i5i 5 4 r-o o gtzrtI r-tv &,t - v /'c►9nj /5k Uu17H POF OF qc.c p 6cu llf7v7 c"tltck fo,a 3 0o.60 on- ifro ocn7l cti Z, THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections Q' r D ie6 H9 ciWt - oN 7- Z6 -) / ❑ FOR BIDS DUE 20 ❑ For your records ❑ Revise and resubmit ❑ For review and comment ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED If enclosures are not as noted, kindly notify us at Danny Swertfeger From: Wth99 @aol.com Sent: Monday, June 27, 2011 10:24 AM To: aspc- ds @centurytel.net; brandess @vai1.net Subject: Re: Wall st Building plan approval Danny, hope this email reaching you in time as I have been out of town. You have the Associations approval to proceed according to the drawings submitted to Eric & reviewed by Bob Lazier & me. Tommy Hewitt In a message dated 6/26/2011 5:59:45 P.M. Eastern Daylight Time,' aspc- ds @centurytel.net writes: Mr. Hewitt I am the Architect that Eric mentioned in the e-mail below. If I understand correctly you have approved the plans submitted to you. If you could please do as Eric asks I would greatly appreciate it. The submittal deadline with the Town Of Vail Design Review Board is 12:00 Noon this Monday the 27th. If we miss that date the next is July 11, but I will be out of town and will not be available to submit it. Your approval letter or e-mail is a requirement of the Town and without it they will not accept the package I have for them. Thank you for your time. Danny Swertfeger Architectural Services, P.C. P.O. Box 385 Edwards, CO 81632 347 June Creek Road Phone: 970 - 926 -7605 Fax: 970 - 926 -7610 From: Eric Leibfried [mailto:brandess @vail.net] Sent: Saturday, June 25, 2011 12:53 PM To: Wth99 @aol.com Cc: Danny Swertfeger Subject: Re: Wall st Building plan approval Page 1 of 2 6/27/2011