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HomeMy WebLinkAboutPEC110048 Project Name:LION SQUARE LODGE SOUTH PEC Number: PEC110048 Project Description: ELEVATOR ADDITION, NEW STAIR, INFILL APPROX. 2000 SF, EXTERIOR REMODEL Participants: OWNER LION SQUARE CONDO ASSOC INC 07/25/2011 660 W LIONS HEAD PL VAIL CO 81657 APPLICANT LION SQUARE CONDO ASSOC INC 07/25/2011 Phone: 970-477-4432 660 W LIONS HEAD PL VAIL CO 81657 Project Address:660 LIONSHEAD PL VAIL Location: LION SQUARE LODGE SOUTH - PHASE II, III Legal Description:Lot: 1 Block: Subdivision: VAIL LIONSHD FIL 1 ADD 1 Parcel Number:2101-072-0103-2 Comments:PEC APPROVAL NOT REQUIRED BOARD/STAFF ACTION Motion By: Action: WITHDRWN Second By: Vote: Date of Approval: 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. Planner:Bill Gibson PEC Fee Paid: $800.00 Department of Community Development Major Exterior Alteration 0 Application for Review by the Planning and Environmental Commis n JUL 2 5 2011 General Information: This application is required for any proposal involving the con ion of a new building, th alteration of an existing building which adds or removes more than 100 square feet 01 c� t�ye re- placement of an existing building, in the Commercial Core 1 District (commonly referre -�— mercial Core 2 District. This application is also required for any project in the Lionshead Mixed Use 1 District or Lionshead Mixed Use 2 District, which adds additional dwelling units, accommodation units, fractional fee club units, time -share units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the Administrator) This application is also required for any project in the Public Accommodation District, which adds additional dwelling units, accommodation units, fractional fee club units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off -site impacts (as determined by the Administrator). The Vail Town Code can be found on the Town's website at www.vailgov.com. Fee: $800 Description of the Request: Physical Address: 4 (e o t l/Yi �1it- Z.(/✓LC ,_, � 1 A_r - 6 Parcel Number: .W 1 6 - 1; ) U 1 C3 (Contact Eagle Co. Assessor at 970 - Property Owner: 6 UVt- t ©'k:�- 11 � Mailing Address: for parcel no.) Owner's Signature: Phone: L `/77 Y�'3 z Primary Contact/ Owner Representative: W l� AIL Mailing Address: Phone: at r yv �_ E -Mail: For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Exp. Date: Auth # Check # Lg i+_4 Fee Paid: 11T J— Received From: 11J Meeting Date: PEC No.: Planner: Project No: DZy 1 i- Jo to 2AS I I - C30 Zoning: �A') 1 J - \ Location of the Proposal: Lot: Block: Land Use: Subdivision: V. tom• I 154 F IJA A.lU d�T 01-Jan-1 I .MWN(F'YrllZ`' JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER 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) a joint owner, o r aut hofity of the association, of property located at 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 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 com- pliance 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) Lion Square Lodge Phase II /III (South Building) Neighbors Contact Information Lion Square Lodge Condominium Association Inc. (Phase 1) Att: Bill Anderson Lion Square Lodge 660 West Lionshead Place, Vail CO 81657 Legal Description: Vail Lionshead Filing 1 Addition 1 970 - 477 -4432 Lion Square North Condominium Association, Inc. Att: Bill Anderson Lion Square Lodge 660 West Lionshead Place, Vail CO 81657 Legal Description: Vail Lionshead Filing 1 Block 1 Lot 8 970 - 477 -4432 Antlers Condominiums Att: Rob Levine 680 West Lionshead Place Legal Description: Vail Lionshead Filing 1 Block 1 Lot 3 Vail, CO 81657 970 - 476 -2471 Arrabelle at Vail Square Att: Brian Austin 675 West Lionshead Place Legal Description: Vail Lionshead Filing 6 Resubdivision of Lot 1 Vail, CO 81657 970 - 754 -7777 Montaneros Condominiums Att: Carrie Henderson 641 West Lionshead Circle Legal Description: Vail Lionshead Filing 1 Block 1 Lot 8 Vail, CO 81657 970 - 477 -7200 Marriott Vail Att: Dave Pease 715 West Lionshead Circle Legal Description: West Day Subdivision Lot 1 Vail, CO 81657 970 - 476 -4444 LION SQUARE LODGE - SOUTH Zoning Calculations 7/25/11 Comme Site Area over 10,000 sf 38,400 Setbacks 10 feet 10 feet min conforms Maximum Roof Heights 71' avg, 82.5 max existing max heights to remain existing tower roof height high point at south elevation = existing to remain hinh —in} a+ —Hk c[. —+;— — —;-; ... Density 133% of exist. existing to remain conforms Allowable Units 40/53 35 /acre, 133% Existing Units 12' min. step back 28 hotel, 39 condos which lower or maintain the existing eave heights. Total Units 28 hotel, 39 condos building than the existing blank wall. 00 sf build. site area Allowable 96,000 Proposed Infill Project 1,963 Existing 88,587 2% Site Coverage 70% max existing to remain conforms Allowable 26,880 The addition of the new roofs extend the existing roof forms Existing 12' min. step back 14,586 which lower or maintain the existing eave heights. Landscape 20% minimum existing to remain conforms Minimum Required 7,680 Existino to Remain (Required Parking 1.4 per new dwelling unit conforms existing parking to remain existing parking to remain Provided Parking conforms Compacts 25% max, 8x16 0 Full 9x19 0 Valet 50% max, 8x18 0 HC 0 Total Provided n RFA to remain Building Eave Height at Remaining Areas 60' max. eave height conforms with existing bldg The new infilled bay matches the look of the existing bays along the south elevation of the building. While the existing The addition of the new roofs extend the existing roof forms 12' min. step back conforms with existing bldg which lower or maintain the existing eave heights. Wall Surface Criteria 35' maximum vertical face horizontal step required conforms with existing bldg The new infilled bay matches the look of the existing bays along the south elevation of the building. While the existing step back is removed, the new wall line is broken vertically by the new decks and better blends with the existing building than the existing blank wall. Exterior Wall Spans 30' maximum span at street level conforms with existing bldg Primary Secondary Building Material Def. Primary: exceed 500 sf area Secondary: 500 sf area or less conforms conforms Material to match the existing building material Primary Secondary Building Colors Primary: exceed 500 sf area Secondary. 500 sf area or less conforms conforms Material to match the existing building material Primary Secondary Roof Definitions Primary: exceed 500 sf roof area conforms Secondary: 500 sf roof area or less conforms Roof Dimensional Guidelines 30" min. eave and rake overhangs conforms w/ existing bldg The new eave and rake overhangs match the existing buildings overhangs to maintain a consistent look of the 18" overhangs at secondary roofs conforms w/ existing bldg overall building Roof Pitch Primary: 6:12 to 12:12 6:12 conforms The new 6:12 and 4:12 roofs at the south side of the building are extensions of existing roof forms. The new 3:12 roof at the 8th floor is pitched to prevent additional roof overframing to the existing roofline that would be Secondary: 4:12 to 12:1 6:12 / 4:12 / 3:12 visible from the north side of the building and to accomodate door and window heads at the south side. Since the scope of work is only 2% of the total building, it does not appear to fall under "substantial expansions" as listed in the roof section of the Architectural Design Guidelines. Prepared by: Melick Associates M E L - I C K A S S O C I A T E S I N C LION SQUARE LODGE — SOUTH PROJECT COMPLIANCE — Lionshead Redevelopment Master Plan 7/22/11 Submittal to Community Development for the PEC and DRB approval process Lionshead Mixed Use 1 (LMU -1) District INTRODUCTION The Lion Square Lodge South Project is proposing to remodel the exterior of the existing building and add square footage to the existing units at the "Infill ". This scope of work includes: 1. Infilling the existing notch on the south side of the building directly behind the elevator core for a total of 1,963 square foot that will utilized by the existing adjacent unit owners. 2. Adding a new ADA compliant passenger elevator in the existing north stair egress shaft from floors 1 -7. 3. Adding a new egress stair to the north of the new elevator from floors 3 -7 4. Remodeling the exterior of the building to be compatible with the Lion Square Lodge North and East projects. CHAPTER 5 — LION SQUARE LODGE Pedestrian and Vehicular Traffic — not applicable. Ski Yard Pedestrian Access — not applicable. Potential Development and Redevelopment Scenarios — The East project is undertaking major exterior renovations with the "Infill" addition. This project is not adding any density. CHAPTER 6 — SITE DESIGN GUIDELINES Primary Pedestrian Mall — not applicable Secondary Pedestrian Mall — not applicable Primary Pedestrian Walk — not applicable Secondary Pedestrian Walk — not applicable Vehicular Pedestrian Retail Street — not applicable Pedestrian Path — not applicable. ARCHITECTURE 758 FI LLMORE STREET I N T E R I O R S DENVER, COLORADO 80206 P L A N N I N G 303.534.1930 WWW.MELICK.COM Page Two — Lion Square Lodge South Fences and Enclosures — Existing service functions for the East project are being achieved within the building footprint and therefore will not require supplemental fencing. Compliance with Town of Vail Streetscape Master Plan — not applicable CHAPTER 7 — DESIGN STANDARDS Landscape Area - The building footprint is not being altered. Site Coverage — The building footprint is not being altered. Setbacks — The building footprint is not being altered. Gross Residential Floor Area (GRFA) — The GRFA will not exceed 250 sf of GRFA for each 100 sf of buildable site area. (see calculations and drawings depicting limits attached) Density — Density is not being added to this project. New Unit Definition — not applicable Building Height — also see Chapter 8 The height of the existing building is not being increased. The building height will not exceed 71 feet (average) and 82.5 feet (maximum). Employee Housing — A fee will be paid in lieu of providing an EHU for 196 square feet based on 10% of the new 1,963 of added GRFA. CHAPTER 8 — ARCHITECTURAL GUIDELINES Architecture — The form and massing of the building provides for a comfortable pedestrian scale and also breaks down the scale of the building utilizing a base, middle and top. Building Height — The building height fits within the maximum allowable of 71 feet (average) and 82.5 feet (maximum). The maximum initial eave height falls within the allowable for remaining building frontage. The vertical wall face dimensions are broken with horizontal steps, changes in material and color to break down the massing of the building in order to provide for a higher quality and more interesting articulation. Exterior Walls — The exterior walls are designed with a base, middle and top. The rhythm and order of the renovated exterior on the existing building are dictated by the existing conditions. An effort has been made to break the roof lines and decks. Gable roof forms have been added at the deck elements to break the continuous horizontal line on the building and to provide an A, B rhythm. This is also enhanced with the use of painted metal railings and balusters at the balconies. Page Three - Lion Square Lodge South Materials and Colors - The base is defined either with a terra cotta stucco color or stone, as well as a break in plane. The middle is defined by a buff color of stucco. The top is defined by a stucco with the buff color as the 'middle' stucco along with the roof and chimney form. All trims, eaves, rakes, trims, doors, and timber elements are dark brown. The truss elements are a natural wood stain. The north stair will likely either be all stone at floors 3 -6 as shown on the north elevation or the arched recesses will be stucco with stone pilasters and arches. This element is subject to the construction cost versus budget. Window cladding is bronze. The colors were chosen to blend with the surrounding structures while providing a visual and psychological warmth to pedestrians. Window Sizes, Shapes and Types - AII windows have a consistency of size and proportion throughout the elevations. Operable windows will be casements and awnings. The windows will be aluminum clad, bronze. All windows will be trimmed, the color tan. Balconies, Guardrails and Handrails - The balconies have been located to provide functional outdoor space and also to provide aesthetic benefit and detail to the building exterior. The materials to be used for the handrail, pickets and posts will be painted metal, bronze color. The design of the railing system is patterned after the order of the building exterior elevations. Roofs - The roof forms being used include shed and gable roofs over existing balconies and new structures. The predominant gable roof forms being used take their cue from the simple, fragmented, gable roof forms of European villages. Roof overhangs will be constructed with the minimum 30 inch rake and eave overhangs match the existing roof overhang. Ridge beams and outriggers will be visually sturdy members of 6x or 8x minimums. Rafter tails are not part of the exterior building vocabulary at this time. The new gables with have a roof pitch of 12:12 except as noted otherwise on the drawings. The existing roof pitch is 6:12. Snow fences are being provided in locations to protect pedestrians below from falling snow and will be painted metal. Gutters will be heat traced with downspouts. Low profile solar panels are being added to the south facing roof on the east side of the building to provide energy to create domestic hot water. The panels will be flashed with bronze anodized flashing and the solar panels with be dark solar colored glass panels. Fireplaces and Chimneys - Stucco chimneys with are being provided for fireplace chimneys. Parking - The existing parking layout is being maintained in terms of layout, circulation and number of spaces provided. There is no increase in density being proposed. Grading -. 1 . Construction Fence - The construction site will be properly surrounded by a non - removable construction fence during the construction process. Page Four — Lion Square Lodge South Erosion Control — Erosion control measures will be utilized using the best management practices. The erosion control plan will be prepared by a registered Colorado Professional Engineer. Retaining Walls — not applicable. Geologic /Environmental Hazards - 1. The site does not contain snow avalanche, debris flow, rock fall, unstable soils or slopes or wetlands. Land Title Guarantee Company CUSTOMER DISTRIBUTION L T GUARANTEE COMPANY W-I T G C. C OM Date: 07 -20 -2011 Our Order Number: V50024023.2 Property Address: LION SQUARE LODGE, 660 LIONSHEAD PLACE VAIL, CO 81657 If you have any inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Vail Title Dept. Karen Biggs 610 WEST LIONSHEAD CIRCLE #200 VAIL, CO 81657 Phone: 970 - 476 -2251 Fax: 970 - 476 -4534 EMail: eaglecountyrequests @Itgc.com LION SQUARE LODGE 660 W. LIONSHEAD PLACE VAIL, CO 81657 Attn: BILL ANDERSON Phone: 970 - 477 -4432 EMail: banderson @theresortcompany.com Linked Commitment Delivery Land Title Guarantee Company Date: 07 -20 -2011 L and Titl Our Order Number: V50024023.2 GUARANTEE COMPANY ww LT GC.Cow Property Address: LION SQUARE LODGE, 660 LIONSHEAD PLACE VAIL, CO 81657 Buyer /Borrower: LION SQUARE PHASE II AND III CONDOMINIUM ASSOCIATION, INC., A COLORADO NON- PROFIT CORPORATION ON BEHALF OF ALL THE OWNERS Seller /Owner: LION SQUARE PHASE II AND III CONDOMINIUM ASSOCIATION, INC., A COLORADO NON - PROFIT CORPORATION ON BEHALF OF ALL THE OWNERS Need . a map or directions for your upcoming closing? Check out Land Title's web site at www.Itgc.com for directions to anv of our 54 orrice tocattons. ESTIMATE OF TITLE FEES TBD Commitment $100.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $100.00 Pom 00N ACT 06/04 THANK YOU FOR YOUR ORDER! LAND TITLE GUARANTEE COMPANY INVOICE NO. L and Titl GUARANTEE COMPANY www.LTGC (Om Owner: LION SQUARE PHASE II AND III CONDOMINIUM ASSOCIATION, INC., A COLORADO NON- PROFIT CORPORATION ON BEHALF OF ALL THE OWNERS Address: LION SQUARE LODGE, 660 LIONSHEAD PLACE VAIL, CO 81657 Invoice Date: July 20, 2011 Order No. V50024023.2 Invoice Charges TBD Commitment $100.00 - Amount Due - $ 100.00 Due and payable upon receipt. For Remittance please refer to Invoice No. Please make checks payable to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Suite 125 Greenwood Village, CO 80111 -4701 First American Title Insurance Company ALTA COMMITMENT Our Order No. V50024023.2 Schedule A Cust. Ref.: Property Address: LION SQUARE LODGE, 660 LIONSHEAD PLACE VAIL, CO 81657 1. Effective Date: July 08, 2011 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment Proposed Insured: LION SQUARE PHASE II AND III CONDOMINIUM ASSOCIATION, INC., A COLORADO NON - PROFIT CORPORATION ON BEHALF OF ALL THE OWNERS 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: LION SQUARE PHASE II AND III CONDOMINIUM ASSOCIATION, INC., A COLORADO NON- PROFIT CORPORATION ON BEHALF OF ALL THE OWNERS 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No: V50024023.2 LEGAL DESCRIPTION CONDOMINIUM UNITS IN LION SQUARE CONDOMINIUMS PHASE II, ACCORDING TO THE CONDOMINIUM MAP RECORDED AUGUST 18, 1972 IN BOOK 225 AT PAGE 105 AND JANUARY 26, 1973 IN BOOK 227 AT PAGE 427 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR LION SQUARE CONDOMINIUMS PHASE II AND III RECORDED AUGUST 18, 1972 IN BOOK 225 AT PAGE 104 AND THE SUPPLEMENTAL CONDOMINIUM DECLARATION FOR LION SQUARE CONDOMINIUMS PHASE II AND III RECORDED JANUARY 30, 1973 IN BOOK 227 AT PAGE 512, AND SUPPLEMENT THERETO RECORDED APRIL 27, 1992 IN BOOK 578 AT PAGE 699, COUNTY OF EAGLE, STATE OF COLORADO. CONDOMINIUM UNITS IN LION SQUARE CONDOMINIUMS PHASE III, ACCORDING TO THE CONDOMINIUM MAP RECORDED JANUARY 30, 1973 IN BOOK 227 AT PAGE 513 AND AS DEFINED IN THE CONDOMINIUM DECLARATION RECORDED AUGUST 18, 1972 IN BOOK 225 AT PAGE 104 AND THE SUPPLEMENT THERETO RECORDED JANUARY 30, 1973 IN BOOK 227 AT PAGE 512, AND SUPPLEMENT THERETO RECORDED APRIL 27, 1992 IN BOOK 578 AT PAGE 699, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50024023.2 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50024023.2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. EXISTING LEASES AND TENANCIES, IF ANY. 9. 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 SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 11. 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 MAY 18, 1970, IN BOOK 217 AT PAGE 675 AND AS AMENDED IN INSTRUMENT RECORDED JULY 30, 1970 IN BOOK 218 AT PAGE 334 AND AS AMENDED IN INSTRUMENT RECORDED OCTOBER 15, 1970 IN BOOK 218 AT PAGE ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50024023.2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 899. 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 APRIL 09, 1971, IN BOOK 220 AT PAGE 176 AND SUPPLEMENT THERETO RECORDED AUGUST 18, 1972 IN BOOK 225 AT PAGE 104 AND SUPPLEMENT THERETO RECORDED JANUARY 30, 1973 IN BOOK 227 AT PAGE 512 AND SUPPLEMENT THERETO RECORDED APRIL 27, 1992 IN BOOK 578 AT PAGE 699 AND FIRST AMENDMENT THERETO RECORDED JANUARY 10, 2006 AT RECEPTION NO. 200600753 AND AMENDMENT RECORDED JULY 26, 2006 UNDER RECEPTION NO. 200620484 AND SECOND AMENDMENT RECORDED MARCH 9, 2011 UNDER RECEPTION NO. 201104508. 13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE CONDOMINIUM MAP OF LION SQUARE CONDOMINIUMS PHASE II RECORDED AUGUST 18, 1972 IN BOOK 225 AT PAGE 105 AND RECORDED JANUARY 26, 1973 IN BOOK 227 AT PAGE 427. 14. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE CONDOMINIUM MAP OF LION SQUARE CONDOMINIUMS PHASE III RECORDED JANUARY 30, 1973 IN BOOK 227 AT PAGE 513. 15. TERMS, CONDITIONS AND PROVISIONS OF CABLE TELEVISION EASEMENT AND MAINTENANCE AGREEMENT RECORDED JULY 29, 1993 IN BOOK 615 AT PAGE 85. 16. TERMS, CONDITIONS AND PROVISIONS OF CONSENT TO ENCROACHMENT RECORDED SEPTEMBER 07, 1993 IN BOOK 618 AT PAGE 778. 17. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION RECORDED FEBRUARY 23, 1994 IN BOOK 633 AT PAGE 251 AND RESOLUTION RECORDED FEBRUARY 23, 1994 IN BOOK 633 AT PAGE 252 AND RESOLUTION RECORDED FEBRUARY 23, 1994 IN BOOK 633 AT PAGE 253. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50024023.2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 18. TERMS, CONDITIONS AND PROVISIONS OF RESTRICTIVE COVENANT 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 JUNE 01, 2005 AT RECEPTION NO. 917761. 19. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT, AND VAULT AGREEMENT RECORDED OCTOBER 01, 2004 AT RECEPTION NO. 893086. 20. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937628. 21. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937631. 22. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937632. 23. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937633. 24. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937635. 25. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT (SURFACE ACCESS) RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937645. 26. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937647. 27. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 17, 2006 AT RECEPTION NO. 200601175. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50024023.2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 28. TERMS, CONDITIONS AND PROVISIONS OF PARKING EASEMENT RECORDED DECEMBER 13, 1976 IN BOOK 250 AT PAGE 751 AT RECEPTION NO. 147023. (AFFECTS UNITS HII - H15) 29. TERMS, CONDITIONS AND PROVISIONS OF MUTUAL EASEMENT RECORDED MAY 14, 1979 IN BOOK 285 AT PAGE 380 AT RECEPTION NO. 181784. (AFFECTS UNITS H215 AND H301) 30. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 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 RECORDED JANUARY 27, 1993 IN BOOK 600 AT PAGE 227 AT RECEPTION NO. 496316. (AFFECTS UNITS H23 AND H24) 31. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 26, 1996 IN BOOK 714 AT PAGE 678 AT RECEPTION NO. 610655. (AFFECTS UNITS H214, H301 -H305, AND H317) 32. ANY AND ALL ENCUMBRANCES ON INDIVIDUAL CONDOMINIUM UNITS. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10 -11 -122, notice is hereby given that: A) The subject real property ma be located in a special taxing district. B) A Certificate of Taxes ue listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30 -10 -406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Relations 3 -5 -1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all mat ers which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed ". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owners Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien rotection for the Owner mabe available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner s Po icy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanics and material -men's hens. D The Company must receive payment of the appropriate premium. E If there has been construction, improvements or mayor repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10 -11 -123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exceplion, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, ggas, other minerals, or geothermal ever�yy in the pr opperty; and B) That such mineral estate may incrude the right to enter and use the properfy without the surface owner's permission. Note: Pursuant to CRS 10- 1- 128(6)(a) It is unlawful to knowin ly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrauding or incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting attempting to defraud the policyholder or claimant with regard to a settlemwnt or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. DISCLOSURE 02/2011 First American Title Insurance Company PRIVACY POLICY We are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, the First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: * Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled respnsibly and in accordance with this Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and procedural safeguards that comply with referral regulations to guard your nonpublic personal information. WEBSITE Information on the calculation of premiums and other title related charges are listed at First American's website: www.firstam.com NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, DB /A LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION This Statement is provided to you as a customer of Land Tide Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d/b /a Land Title Guarantee Company - Grand Junction. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non - public personal information ( "Personal Information "). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; • your transactions with, or from the services being performed by, us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non - affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.LTG.1