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Home My WebLink AboutDRB110573 ��i�r� I��i�� r��l ��TI��I F�F�1�1 � - � � � ��rtrr7�r�t �f ��r�r��r�i�� :��I��r��r�� # �.� �� Fr�r�t�� F�� i I� ��I�r�� 1�.�� I: ��.��.�1�� f��; ��,��.�� 1�1.��1'-'i C�wEL��i_�- �� .��I��f�l Project Name: MJG FOREST ROAD LLC ADDITIONS DRB Number: DR6110573 Project Description: ADDITION OF A STAIR TOWER AND DORMER ADDITIONS. Participants: OWNER MJG FOREST ROAD LLC 11/28/2011 1221 S MOPAC EXPY STE 400 AUSTIN TX 78746 APPLICANT MJG FOREST ROAD LLC 11/28/2011 1221 S MOPAC EXPY STE 400 AUSTIN TX 78746 Project Address: 765 FOREST RD VAIL Location: Legal Description: Lot: 8 Block: 2 Subdivision: VAIL VILLAGE FILING 6 Parcel Number: 2101-072-1000-7 Comments: SEE CONDITIONS BOARD/STAFF ACTION Motion By: Gillette Action: APPROVED Second By: Maio Vote: 4-0-0 Date of Approval: 12/22/2011 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 (PLAN): DRB approval shall not become valid for 20 days following the date of a pprova I, pu rsua nt to the Va i I Town Code, Cha pter 12-3-3: APPEALS. Cond: 202 (PLAN): Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Cond: CON0012392 1. The applicant shall add two (2) evergreen trees that are each a minimum of ten feet tall to the north side of the structure. 2. The patio on the adjacent Town of Vail property shall be removed and the land shall be revegetated prior to an issuance of temporary certificate of occupancy. 3. The applicant shall replace any lights that are not in compliance with the Town of Vail outdoor lighting regulations to be compliant with said regulations. Planner: DRB Fee Paid: $300.00 ��° � � C� [� � �`!1C� �� `�,. ;; � �i% Department of Communtty Development , �'�� N�� 2 g 2011 : 75 South Frontage Road TOWN Of VAII`` �i�� `� Vail,CO 81657 TO W N O F VA I L _ : Tei: 97Q•479-2i 28 � __. .�_ -------�-- www.vailgov.com Devefopment Review Coordinator Application for Design Review Additions - Residential or Commercial �i General Information: This application is required for all proposals involving the addition of any floor area, in- cluding net floor area and/or gross residential floor area (GRFA). This also includes proposals for'residential 250 additlons'and 'interfor conversions'. Applicable Vail Town Code sectians can be found at www.vailaov.com under Vai! Information—Town Code Online. All projects requiring design review must re- ceive approval prior to submitting a building permit application. An application for Design Review cannot be accepted until all required information is received by the Communiiy Development Department, as outlined in the submittal requirements. The project may also need to be reviewed by the Town Council and/or the Plan- ning and Environmental Commission. Design review approva!expires one year from the date of approval, un�ess a building permit is issued and construction commences. Fee: $300 ✓ Single Family Duplex Multi-Family Commercial Descrlption of the Request: Stair Tower and dormer additions Additian of 352•5 sq ft of GRFA(Residential) or sq ft of ne1 floor area(Commercial/Office) Physical Address: ��5 Fores# Road Pal'Cel Numbel': 210107210007 (Contact Eagle Co. Assessor at 970-328-8640 for parce!no.) Property Owner: MJG Forest Road, LLC Mailing Address: 1221 S. Mopac Expressway Suite 400 Austin, TX 78746 Phone: 97Q-328-0458 Owner's Slgnature: �� A� .Z�'� Primary Contact/Owner Representative: Steven James Riden Mailing Address: p•O.Box 3238 Vail, CO 81657 Phone: 970'328-0458 E-Mail: steve@riden1.com Fax: For Office Use Only: Cash_ CC: Visa/MC Last 4 CC# Exp. Date: Auth# Check# oC,�� Fee Paid: � �f�0. f�� Received From: cJ' i F-�Ea��bC,� Meeting Date: DRB No.: .1�� rJ��J Planner: Project No: PR5�� ' ��O�j Zoning: Land Use: Location of the Proposal: Lot;- D Blocic:�_SubdEvislon: V�l��E. F��n �......,.,.,,...w,.,.,.��.d....m,..., o_. <.�,�• - � _ .�.r��.,,�.��,��. UTILITY APPROVAL&VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services,and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and schedul- ing installations. A site plan,including grading pian,floor plan,and elevations,shall be submitted to the following utilities for approval and verification.PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: �65 Forest Road Lot$ Block 2 Subdivision: Primary Contact/Owner Representative: sce�en�ames R�den A.i.a.arcnitect P.C. phone: 328-0458 Plans Dated: NOV. 18,2011 Primary Contact/Owner Representative Signature Authorized Siqnature Comments Date QW EST 970.468.6860(tel) 970.468.0672(fax) Contacts: Samuel Tooley samuel.toole west.com XCEL HIGH PRESSURE GAS 970.Z62.4076(tel) 970,468.1401 (fax) Contact: Rich Sisneros richard.sisneros xcelener .com HOLY CROSS ENERGY 970.947.5471 (tel) 970.945.4081 (fdx) Contact: ]eff Vroom 'vroom@hol cross.com XCEL Energy 970.262.4038(fax) 970.262.4024(tel) Contads: Kit Bogert Kath n.Bo ert xcelener .com EAGLE RIVER WATER&SANITA- TION DISTRICT 970.477.5435 (tel) 970.477.5434(fax) Contact: Roby Forsyth rfors h erwsd.or COMCAST CABLE C��'V( �jU j L�� I N C�' +�� I � 970.619.0752(tel) 970.468-2672(fax) �c.�.j'T�t.C_"'E � E�C CC��j T(� /2� / Contact: Tony Hildreth � �l� ton _hildreth@cable.comcast.com L.�� € �'�t��+NT CDOT(Only in CDOT Right-of-way) 970.683.6284(tel) Contad: 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. �-. UTILITY APPROVAL&VERIFICATION 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 ver'rfication.PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTIIJTY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: �65 Forest Road Lot 8 BloCk 2 Subdivision: Primary Contact/Owner Representative: se�en�ames R�aen ai.,a,or�naec�a.c. phone: 328-0458 Plans Dated: NOV. �8,2011 Primary Contact/Owner Representative Signature Authorized Signature Comments Date QWEST 970.468.6860(tel) 970.468.0672(fax) Contacts:Samuel Tooley samuel.COOIe n� tivest.com XCEL HIGH PRESSURE GAS 970.262.4076(tel) 970.468.1401(fax) Contad:Rich Sisneros ritnardsisneresC�xcelener .com HOLY CROSS ENERGY 970.947.5425(tel) �r�� i1/21/11 970.945.4081(fax) %K�� Contact:]eff Vroom vroom@hol cross.com XCEL Energy 970.262.4024(tel) 970.262.4038(fax) Contacts:Kit Bogert �a:hr�:n.Bo�,�rtazcelerer .cem EAGLE RIVER WATER&SANITA- TION DISTRICT 970.476.7480(tel) 970.476.4089(fax) Contad:Fred Haslee PhaSleer�?z,,�Sti.ora COMCAST CABLE 970.619.0752(tel) 970.468-2672(fax) Contact: Tony Hildreth ton hildreth@cable.comcast.com CDOT(Only in CDOT Right-of-way) 970.683.6284(tei) Contad: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. 03-Mar-10 SUBMITTAL REC�UIREMENTS � 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). if 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. �p� Project narrative describing the background, purpose and details of the proposal (Address To: Design Review Board). Title report, including Schedules A& B to verify ownership and easements. ❑ 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 th��of a multiple-family dwelling or multi-tenant building, the authority of the association shall � complete this form. 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. �Qv�� ' dy�, Plan Sheet Format (Applies to all plan sheets) v,��yO�r�`,. ��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". • Pfan legend. 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. 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. t:�cdev\forms�perm its\Plan ning\D RB\D RB_Addition_010111 • Watercourse setbacks, if applicabie (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. 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 su rvey). • Lot size and buildable area (exciudes red hazard avalanche, slopes greater than 40%, and fioodplain). • Property and setback lines. • Existing and proposed easements. • Existing and proposed grades. Ali disturbed areas must be returned to a 2:1 grade or PE stamped detaiis of slope protection and/or stable soils are required. • Existing and proposed layout of buildings and other structures including decks, patios, fences and walis. 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 walis. A detailed cross-section and elevation drawings shall be provided on the plan or separate sheet. Stamped engineering drawings are required for walis 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 floodpiain. • Location of all geologic/environmental hazard areas. • Delineate areas to be phased and appropriate timing, if applicable. � 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- e r. • 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). �^ 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 fuliy 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. • 5how 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. j� 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 shali be drawn to scale and fuily 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 buiid- ing. • Label floor plans to indicate the pr�posed 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 Titie 12, Chapter 15—Gross Residentiai Floor Area for regulations. • Provide dimensions of all roof eaves and overhangs. ❑ Lighting Plan� N�� k l 5��1� /�t,7 G`�'�� • Indicate type, location and num er of fixtures. • Include height above grade, • Cut sheet(s) for proposed fixtures &verification of"Full Cutoff"class as recommended by the IDA. y�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). � Site Development Standards calculations (existing and proposed): landscape area, site coverage, building height, number of dwelling units and empioyee housing units, setbacks, number of enclosed and unenclosed parking spaces, / driveway area, snow storage area etc. c+� 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. ❑ Exterior color and material samples and specifications. o Photos of the existing site and adjacent structures, where applicable. o Site-specific Geologicai 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. N/� ❑ 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 Buildinq Materials Tvqe of Material Color Roof Cedar shakes Natural Siding 5"T&G cedar(vertical) Bleach /Beige Other Wall Materials Stone Buff Fascia 2x8 over 2x12 cedar Natural Soffits 5"T&G cedar Bleach/Beige Windows Aluminum clad Dove grey Window Trim 1 x3 cedar Natural Doors Aluminum clad Dove grey Door Trim 1x3 cedar Natural Hand or Deck Rails Stainless steel Natural Flues N/A Flashing Copper Natural Chimneys Stone Buff N/A Trash Enclosures Greenhouses N/A Retaining Walls Boulder Moss rock Exterior Lighting Copper Natural Other Notes: Please specify the manufacturer's name, the color name and number and attach a color chip. . ►r PROPOSED LANDSCAPING Botanical Name Common Name �uantitv Size PROPOSED TREES Picea pungens glauca Colo. Blue Spruce 6 10'-0" AND SHRUBS Populus tremuloides Quaking Aspen 6 2"-3" cal. EXISTING TREES Populus tremuloides Quaking aspens 3 6"-10" dia. TO BE REMOVED Minimum Requirements for Landscaping: Deciduous Trees—2"Caliper Coniferous Trees—6' in height Shrubs—5 Gal. Type Square Footaqe GROUND COVER Existing so� Existing SEED Existing IRRIGATION Existing TYPE OF EROSION CONTROL Fence Please specify other landscape features (i.e. retaining walls, fences, swimming pools, etc.) I ��Q�/�ja�� '�'� Stewari 7iile-Edwards �"�r ��''�' 97 Main Sireet,Ste W-201 Edwards,CO 81632 (970)926-0230 Phone (970)926-0235 Fax Oct�ber 14, 2011 MJG Fores#Road, L�C, a Texas limited liabiiity company 1221 S. Mopac Expressway, Suite 400 Austin, TX 78746 File No: 0133Q-2238 Property Address: 765 Forest Road,Vail, CO 81657 Dear Customer: Congratuiations on your recent real estate purchase. Enclosed is your Owner`s Title Policy. The policy premium was paid for by the Seller at the time of closing, so there are no monies due from you in this regard. Please review and retain your policy with your other valuable records. We have a permanent file regarding your property and can offer expedient and cost efficient service with your future transactions. In the event you decide to sell or re6nance your property in the fufure, please contact us for special discounts and faster service. You may access al! your closing documenfs fhrough the Internet on SureClose by visiting www.stewartcoforado,com. You may contact your focal Escrow O�cer for login and password informaiion. Sincerely, Siewart Titfe-Edwards � � I ! I � i Pou�y�s»>ros� POLICY OF TITLE INSURANCE ISSUED BY �� tftle guaranty compan Y Any notice of claim and any other notice or statement in writing required to he given the Company under this Policy must be �iven to the Company at the address shown In Section 18 of the Conditions, COVERED RlSKS SUBJECT TO TFiE EXCLUSIONS�ROM COVERAGE, TNE EXCEPTIONS FROM COVERAGE CONTAINEO IN SCHEDULE 8 AND TNE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporalion, (fhe "Company') insures, as of Date of Policy and, to lhe extent stated in Covered Risks 9 and 10,after Date of Policy,againsl loss or damage,not exceeding ihe Amount of Insurance,sustained or incurred by the Insured by reason of: f. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or enc�mbrance on the Tille. This Covered Risk indudes but is not limited to insurance against loss from (a) A defect in the Tille caused by (i) forgery,(raud,undue in(tuence,duress,incompetency,incapacity,or impersonation; (ii) failure of any person or Enlity to have aulhodzed a iransfer or conveyance; (iii} a documenf affeding 7ilie not properly creatad,executed,witnessed,sealed,acknowtedged,notarized,or delivered; (iv) failure Eo perform thase acls necessary to create a document by elecironic means authorized by law; (v) a document executed under a falsified,explred,or otherwise invalid power of attorney; (vi) a documenl not properly filed,recorded, or indexed in the Pub�ic Records including lailure to pertorrn those acts by electronic means authorized by law;or (vii) a defeclive judicial or administraiive proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental aulhority due or payable,but unpaid. (c) Any encroachment, encumbrance, violation, variatlon, or adversa circumstance aHecting the Title lhat would be dfsclosed by an accurate and complete land survey of ihe l.and. The term "encroachmenP` includes encroacliments of existing improvements located on the Land onto adjoining land,and encroachmenfs onto the Land of existing improvements focated on adJoining land, 3. Unmarketable Title. 4. No right of access to and trom the Land. 5. The violation or enforcement of any law,ordinance,permit,or govemmental regulation(including those relating to building and zoning) restricting,regulating,prohibiting,or relaiing to � (a} the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land; (c) the subdivision of iand;or (d} environmenfa!protection it a nolice,describing any part of Ihe Land,is recorded in the Pub11c Records setting fo�th the violation or Intentlon ta enforce,but only to the extent ot ihe violaiion or enforcement referred to in that notice. 6. An enforcement action based on Gie exercise of a governntental police power not covered by Covered Risk 5 if a nolice of the enforcement action,desaibing any part of the Land,is recorded in the Public Records,but only to the extent ot the enforcement referred to in that notice. 7. The exercise of Ifie rights of eminent domafn if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. S_ Any taking by a governmental body that has occurred and is binding on tha rights of a purchaser tor value withouf Knowledge. �ountersigned by: L , � `� rw' + � -�__ �!� - ��lrt� • ,�� V v��" `� Senlor Chairman of t e eoard �title c�uaranty company �,:�nxir�dCuvst:rfi�atstt �.�— I itewart Title ,. :;, �'��— � )7 Main Street,Suite W201 ''f'�`��::��'*' 4��o�rot� 1y�,t 1 :dwards,CO 81632 �s. _*_ r.�Q<<� Chairman of the 8oard �}!,. 1 9 0 8 ,0 3� �gent ID:060058 �aIFX'�S�`f ` w,_.,,. `�%6 j� I I President � �ou want information abaut coverage or need assistance to resolve complainls,please call our toll free number: 1•900-729-1302. 11 you make a claim under I �ur policy,you musl fumish wrilten notice in accordance with Seclion 3 of the Condilions. Visit our Wodd-Wide Web site at :/ opyright 2006-2009 Amerlcan Land Title Assocfaffon. AI!rlghts reserved. �� e�..se of Ihis Form fs resviUed to AlTA licensees and ALTA members in gooc+slaading as of the dale of use. "�'��'��t� '�c:�er uses are prohbited. Reprinted under Ifcense irom Ihe American Land Ti�le AssociaUOn. '""'�"�' � le No.01330•2238 """'""` age 1 of Policy Serial No.: 0-9301-001840058 SteW�t"t �`,�-�-; C•ttc gwmnfy cc.npyry � , COVERED RISKS(Continued) 9. Title being vested olher than as stated fn Schedule A or being defect(ve (i) to be timely;ar ` {aj as a result of tlie avofdance In whole or In paH,or from a court {ii) 10 impart notice of i!s existence to a purchaser for value or to order providing an aitemalive remedy,of a Uanster of all or any a judgment or lien creditor. paA of the fille to or any interest in Ihe Land occurring prior to tlie 10. Any detect fn or!!en or encumbrance on lhe Tille or olher maller transaction vesting Title as showrt in Schedute A because that included (n Covered Risks i through 9 that has been crealed or pROr transier constiiuted a haudulent or preterenUal transfer attached or has been filed or recorded in the Public Records under tederal bankruptcy, slate insolvency, or slmilar uedilors' subsequent to Oate of Palicy and p�tor to lhe recording of the deed or rights laws;or olher instrument of iransfer in Hie Public Records that vests Title as (b) because the fnstrument of Iransfer vesling Title as sfiown in shown in Schedule A. Schedule A constitutes a preferential transier under federal The Company wili also pay the costs, altomeys' fees, and expenses bankruptcy,state insolvency,or similar creditors'righls laws by incurred in defense of any matter insu�ed against by ihis Policy,bul anly reason o(the(ailure o(ils recording in the Public Records to the extent provided in the Condiilons. EXCI.USIONS FROM COVERAGE The follow[ng matfers are expressly exduded from pie coverage oF Ihis (b) nof Kno�vn to the Company,not recorded in the Publie Records poEicy, and llie Company will not pay loss or damage, cosls, attorneys' at Date of Policy, bul Known to the Insured Claimant and not fees,or expenses thal arise by reason ot: disclosed In wriling to the Company by the Insured Claimant 1. (a) My iaw,ordfnance,pe►mit,or govemmentai regulalfon(inciuding prior to the date the Insured Claimanl became an Insured under Ihose relating to building and zoning) restricting, reguialing, lhis policy; prohibiting,or relating fo (c) resultirtg in no loss or damage to ihe Insured Claimant; (i) the occupancy,use,or enjoyment ot the Land; (d) allaching or created subsequenl to Date of Policy{however,lh(s (ii) !he character, dimensions, or localion of any improvement does not modify or limil the coverage provided under Covered erected on ihe tand; Risk 9 and 10);or (iii) the subdiviston oi land;or (e) resulting in lass or damage tltat would not have been sustained if (iv} environmental proteclion; the Insured Claimant had paid value tor Ihe�iUe. or the eHect of any violatEon o(these laws,ordinances,or govemmental 4. My daim, by reason of Ihe operation of federal banlwptcy, slate regulations. ThEs Excluslon 1(a) does not modify or limit Ihe coverage Insoivency, or simifar creditors' rights laws, that lhe iransactfon provided under Covered Risk 5. vesting lhe TiUe as shown in Schedule A,is (b) Any gavernmental police pawer. This Exclusion i(b) daes not (a) a kaudulent conveyance or fraudulent transier;or modity orlimit Ihe coverage provided under Coveiad Risk B. (b) a pre(erentiai transter for any reason not stated in Covered Risk 2. Righls of eminent domain. This Exclasion does not modity or limlt 9 ot this policy. ihe coverage provided under Covered Risk 7 or 8. 5. Any lien on the Tille for real estafe taxes or assessmenls imposed by 3. Defecls,liens,encumbrances,adverse claims,or olher matters governmental authority and created or attaching between Date o( (a) created, suffered, assumed, or agreed to by the Insured policy a��d the date ot recording oi ihe deed or other insirument of Claimanl; transferin lhe Public Records that vests Tille as shown in Schedule a. CONDiTIONS 1. DEFINITION OF TERMS Insured named in Schedule A tor esiale plannirtg The following terms�vhen used in Fhis poticy mean: purposes. (a) "Amount ot Insuraitce": The amount slated in Schedule A, as (ii) wilh regard fo(A), (8),(Cj, and (D)reservfng,however,all may be increased or decreased by endorsement!o thls policy, rights and defenses as to any successor tf�at Ihe Company increased by Section 8(b),or decreased by Sections 10 artd i1 would have had agafnst any predecessor Insured. of these Conditions. (e) "Insu�ed Claimant": M Insured claiming loss or damage. (b) "Date of Policy': 7he date desfgnated as 'Dale of Policy' fn (� "itnowledge" ar "Known": Actual knowledge, not wnstruclive 5chedule A. knowledge or notice thal may be (mputed to an insured by (c) "Enlity': A corporalion, partnership, Uusl, limited liability reason of Ihe Public Records or any other records thal impart company,or otlier similar legal entity. constructive notice of matlers affecting ihe TiUe. (d) "Insured": The Insured named in Schedule A, (g) "Land": The land described in Schedule A, and aHbced (q the term"Insured"also includes Improvements that 6y law constilute real properly. The term (A) successors to the Title ol the Insured by operalion o( "land' does not indude any property beyond lhe lines of lhe law as distinguished (rom purchase, inciuding heirs, area described in Schedule A,nor any right,litle,interest,estate, devisees,survivors,personal representatives,or next oi or easement ln abulifng streets, roads, avenues, alleys, lanes, kin; ways,or watenvays, but this does not modify or limit the extent (B) successors to an lnsured by dissoJulion, merger, that a riglit of access to and from ihe Land is insured by this consol(datlon,dislribution,or reorganizaUon; policy. (C) successors to an Insured by ils conversion to another {h) "Mortgage": Mo�tgage, deed of irust, trtisl deed, or ofher kind of Enlily; security instrurnent, (ncluding one evidenced by electrontc (D) a grantee of an Insured under a deed delivered withoul means authorized by law. payment o(actual valuable constderation conveying ihe (i) "Public Records": Records established under state statutes at TiUe Oate of Policy for ttie purpose of impariing conslruclive notice of (1) If the stock, shares, membershlps, or other equity matters refaling to rea) property !o purchasers (or value and interests of lhe grantee are wholly-owned by the withoul Knowledge. Vlhth respecl to Covered Risk 5(d), "Public named Insured. Records"shall also include environmenlai protection liens filed in (2) if the grantee wliolly awns the named Insured. tha records of the claric o{itie United Slates DisUict Court for the (3) i(ihe grantee Is wholty-owned by an affilialed Entity districl where the Land is located. of lhe named Insured,provfded the affilfated Entity Q) 'Tille': The estate or interesl described in Schedule A. and the named Insured are both Yrhoiiy-ov�ned by (k) "Unmarketabie Ti11e': Title aftecled by an alleged or apparent the same person or Entity,or matter that would permit a prospective purchaser or(essee of the (4) if the granlee ts a tnistee or benefrciary of a Wst TiUe or lender on Ihe TiUe to be reieased from ttie obligalion to created by a written instrument established by the purchase, lease, or lend tf there is a contractual condition requlring Ihe delivery of marketable tipe. Copyright 2006-2009 American Land Tltfe Assoclatlon. All rights reserved. �� GI�It 1N The use o14is Form is teslriUed to ALTA I(censees and ALTA members in good stand�ng as o(the date ol use. ��,.��{ NI olher uses are p�ohfbited. Reprinted under license frorrt lhe American Land 7'rtle Associalion. ,,, ,,��,,, File No.01330-2238 stewart -= �: Pa9� 2 of Policy Seriai No.: 0-9301-001840U58 (--•t'��°�y«-�l�.Y ,�:�.. , CONDITIOWS(Continued) , 2. CONTINUATION OF INSURANCE Company all reasonable aid (I} in securing evidence,obtaining 7he coverage of Iliis policy shall conlinue in force as af pate of witnesses,prosecuting or defending the action or proceeding,or Policy in favor of an Insured,but only so long as the Insured retains efiecling seltlement, and (iif (n any other lawful acl that in the an eslale or inlerest in[he Land,or holds an ob�igation secured by a opinion ot the Company may ba necessary or desfrable to purchase money Mortgage given by a purchaser from the Insured,or eslablish the Tifie or any other malter as fnsured. I( Ihe only so fong as Ihe Insured shall have liabllity by reason of warranties Company is prejudiced by the failure of the Insured to iurnish ihe in any lransfer or conveyance of Ihe TiGe. This policy shall not required cooperation, the Company's obligations to the Insured continue in force in favor of any purchaser from the Insured of either under the policy shall terminate, fncluding any liability or (i)an estate or Inlerest In ihe Land,or{li)an obligatton secured by a obllgation to defend, prosecule, or continue any litigation, with purchase money Mortgage given to Ihe Insured. regard to the malter vr mallers requiring such cooperalion. (b) 7he Company may reasonably require Ihe lnsured Claimant to 3. NOTICE�F CLAIM TO BE GIVEW BY INSURED CLAIMANT submit to examfnation under oalh by any authorized Tha Insured shall notify lhe Company promptly in writing(i)in case o( representative of the Company and to produce for examination, any litigalion as set forth in Section 5(a)of Niese Conditions, (ii) in inspeclion,and copying,at such reasonable times and places as case Knowledge shail come to an Insured hereunder of any claim ot may be designated by the authorized representaGve ot the litle or interesl that is adverse to Ihe 7itle,as insured,and thal miglit Company,all rewrds,in whatever medium maintained,including cause loss or damage for which the Company may be liable by virtue books, ledgers, checks, memoranda, correspondence, reports, of this policy, or (iii) if lhe TiUe, as insured, is rejected as e-mails,disks,tapes,and videos whether bearing a da[e before Unmaricetable Tille. If the Campany is prejudiced by Ihe tailure of the or a(ter Date of Policy, thal reasonabiy pertain to ihe Ioss or Insured Clafmant to provide prompt nolice,the Company's liabilily to damaga. Furlher,if requested by any authorized represenlaiive the Insured Claimant under the policy shall be reduced to the extenl of Ihe Company,ihe Insured Claimanl shall grant its permission, of the prejudice. in writing, for any aulhorized representative of the Company fo examine,inspect,and copy all of lhese records in ihe custody or 4. PROOF OF LOSS control of a Ihird pariy that reasonably pertain to the loss or In ihe event lhe Company is unable to determine tlie amount of loss damage. A11 information designated as confiden[ial by fhe or damage,lhe Company may,ai its option,require as a condilion of lnsured Clafmant provided to lha Company pursuant to Ihis payment that the Insured Claimant fumish a sfgned proof of Section shall nol be disdosed lo others uniess,in the reasonabfe loss. The proof of loss must describe tf�e defect,lien,encumbrance, judgment oi the Company,it is necessary in the administration of or oiher malter insured against by this policy that constilutes Ihe the claim. Failure of the Insured Claimant to submit (or basis of toss or damage and shall state,to the extent possible,the examinalion under oath, produce any reasonably requested basis of calculating the amounl of the loss or damage. information,or grant permission to secure reasonably necessary informa�on from third partEes as required in Ihis subsection, 5. DEFENSE AND PROSECU710N OF ACTIONS unfess prohibited by faw or governmenlal regu�ation, shall (a) Upon wrilten request by Ihe Insured,and subJect to the oplions terminate any liability o(the Company under this poticy as to that contained in Section 7 of these CondiUons, the Company,at its claim. own cost and without unreasonable delay, shall provlde for the defense of an Insured in iilEgallon in vrhidi any Ihfrd party asserts 7. OPTIONS TO PAY OR OTHERWISf SE7TLE CLAIMS; a daim covered by Ihis policy adverse to the Insured. This 7ERMINATION OF LIABILITY oblfgation Is Ifmited to only those staled causes of aclion alleging �n case of a clalm under lhis policy, the Company shall have the matters insured against by thfs policy. The Company sha11 have following addilional opGons: lhe right to sefect counsel of its chotce(subject lo Ilie right of the (a) To Pay or Tender Payment of Ihe Amount of Insurance. To pay Insured to object for reasonable cause)to represent the Insured or lender payment ot the Amount ot Insurance under this policy as to those stated causes of acUon. It shall not be liable for and together with any cosis,attomeys'(ees,and expenses incurred vrill not pay the fees ot any ollier counsel. The Company will not by the lnsured Claimant lhal were authorized by lhe Company pay any fees,cosis,or expenses incurred by the Insured in lhe up to the lime of paymen! or tender of payment and that the delense of Ihose causes of aclion thal aliege matters not insured Company is obligated to pay. Upon Ihe exercise by lhe against by ihis policy. Company oi lliis optfon, all liabiiity and ob�igations of tlee (b) The Company shall have the right, in addition lo the oplions Company to ihe Insured under Ihis policy,other lhan to make the contained in Section 7 oi these Conditlons, at its own cosl, lo payment required in thls subsection, shali terminate, Inctuding inslitute and prosecute any action or proceeding or to do any any�iability or obiigation to defend, prosecute, or confinue any olher act that fn iEs opinion may be necessary or desirable to litigation. establisli the Title, as fnsured, or to prevent or reduce loss or �b) To Pay or Oltienvise Seltle Wilh Parties Olher Than the Insured damage to tlie Insured. The Company may lake any appropriate or With ihe tnsured Clalmant. action under the terms of Ihis policy,whelher or not ii shali be ��) to pay or othenvise setlle witti olher parties for or in the tiable to the Insured. The exercise ot these righis shali nol be an name of an Insured Claimant any claim insured against admission of liability or waiver of any provision of tliis policy, i( under this policy. In addition, Ihe Company will pay any the Company exercises its rights under ihis subsecHon, it must costs,allorneys'fees,and expenses incurred by the Insured do so di�igenUy. Cfaimant that were authorized by the Company up to the (c) Whenever ihe Company brings an aclion or asserts a defense as time o(payment and that the Company is obligated lo pay; requfred or pertn(tled by this policy, tlie Company may pursue the liligation to a finat determination by a court of competent or jurisdiction, and it expressty reserves the right, in its sole (ii) !o pay or othenv(se setlle wilh the Insured Claimant Ihe loss or damage provided for under tlils policy,together wilh any discretion,lo appeal any adverse judgment or order. cosls,alforneys'fees,and expenses Incurred by the Insured 6. DUTY OF 1NSURED CLAIMANT TO COOPERATE Claimant thal were aulhorized by the Company up to Ute (a) ln all cases where lhis policy pemiits or requires lhe Company lo Ume of payment and that lhe Company is obligated to pay. prosecute or provide for the defense o(any acGon or proceeding Upon the exercise by fhe Company ot either of the oplions and any appeals,the Insured shall secure to the Company the provided for fn subseciions (b){i) or (ii), the Company's obligaUons fo ihe Insured under lhis policy for the c►aimed toss or right fo so prosecuie or provide defense in llZe action or damage, other Ihan the payments required to be made, shall proceeding,including the right to use,at its option,Ihe name of temifnate, indudi�g any liability or ob�igaUon to detend, the Insured for this purpose. Vuhenever requested by Ihe prosecute,or conlinue any litigatioo. Company,lhe Insured,at the Company's expense,shall give the Copyrigiit 2006-2009 American Land Tilfe Assoc(atton. All rights reserved. �� .�.,��c aa The use of Ihis Form is restritled to ALTA licensees and ALTA members in good stand�ng as of Ihe date ot use. ,�,;i,�� Afl olher uses are prohi6ited. Reprinted under license/rom Ihe American Lend Tit1e Association. „,,,,��,,,, File No.01334-2238 SteWC�t �;r�i, Page 3 of Policy Serial No.: 0-9301-001840058 �'��'°��^�Y��^> �`�' , CONDITIONS(Continued) 8. DETERIUIINATlON AND EXTENT OF LIABILITY not fully cover the loss of the Insured Claimant, the Company • Tliis policy fs a contracl o(indemnity against actual monelary loss or shall de(er ihe exercise of its right to recover until afler the damage sustained or (ncurred by Ihe lnsured Claimant �vho iias Insured Clafmant shall have recovered its loss. suffered loss or damage by reason o(matters insured against by this (b) The Company's right of subrogation includes the righis of the policy. insured to indemnities,guaranlies,other policies of insurance,or (a) The extent of liahilily of the Company for lass or damage under bonds, notwithslanding any terms or canditions contained In ihis policy shall nol exceed the lesser of those inslruments lhat address subrogation righis. (i) lhe Amount of Insurance;ot (ii) the diflerence beAveen Ihe value of Ihe Title as insured and '�4. ARBITRATIOM the vaEue of ihe Title subJect to the risk insured against by Either ihe Compa�y or the Insured may demand iha! Ihe ciaim or this poficy. controversy shall be submitted to arbitration pursuant lo Ihe Tille (b) If the Company pursues its rights under SecUon 5 of these Insurance Arbitrallon Rules of lhe American Land Title AssocfaHon Conditions and is unsuccessful in establishing the Tilie, as ('Ruies'). Excepi as provided in the Rules,there shall be no joinder insured, or consolidatton wilh daims or controversies of other persons. (i) the Amounl of Insurance shaii be increased by 10°/a,and Arbitra6le matlers may Include, but are nol limited io, any (ii) the Insured Claimanl shall have tlie right to have Ihe loss or controversy or clalm belween Ihe Company and the Insured arising damage determined eflher as ot lhe dale the ctafm was oul ot or relatirtg to Ihis policy, any service in connection with its made by the lnsured Cialmant or as of the date it is seilled issuance or lhe breach of a policy provision, or to any otfier and paid. controversy or daim arising out ot lhe transaction glvfng rise to ihis (c) Irt addition to ihe extent of llabllity under (a} and (b), the Poficy. All arbilrable matters when the Amount of Insura�zce is Company will also pay those cosis, attomeys' fees, and 52�000,000 or less shaii be arbitrated at ihe option of eilher lhe expenses incurred in accordance v�ilh Sections 5 and 7 of lhese Company or the Insured. All arbilrable malters when ihe Amount of Conditions. Insurance{s in excess of S2,OQ0,000 shall be arbitrated only when agreed to by boll� the Company and Ihe Insured. Arbitration 9. LIMITA710N OF LIABILfTY pursuanl lo tfiis poiicy and under the Rules shall be binding upon the (a) if the Company establishes Ihe 7itte, or removes ihe alleged parlies. Judgmenl upon ihe award rendered by the Arbilrator{s)may defect, lien, or encumbrance, or cures lhe lack of a righl of be enfered in any court of competent jurisdiction. access to or trom the Land,or cures ilie claim of Unmaricetable �6. LIABILiTY LIMITED TO 7HI5 POLICY;POLICY ENTIRE Tille, ail as Insured, in a reasonably diligent manner by any CONTRACT method,Inciuding litigation and lhe comptetion of any appeals,it shall have fulty periomied its obligations with resped to Ihat ia) This poiicy together with all endorsements,if any,altached ta il matter and shalf nol be liabfe for any loss or damage caused to by lhe Company is Ihe entire poBcy and contract beivreen the lhe Insured. Insured and the Company. In Interpreting any provision of this (b) In Uie evenl oi any litigation,Including litigation by liie Company Po��cy,this pol(cy shaf)be conslrued as a whole. or with ihe Company's consent, the Company shall have no (b) Any claim of loss or damage that arfses ou[of the status of lhe liability for loss or damage unlil ihere has been a final TiUe or by any action asserting such clafm shatl be restricted to determ(natEon by a court of competent JurisdicUon, and this policy. disposilion of all appeals,adverse lo the TiUe,as insured. {c) Any amendment o[or endorsement to Ihis policy must be in (c) 7he Company shall not be liable for loss or damage to the vrriting and authentfcated by an aulhorized person,or expressly Insured ior liabilily voluniarily assumed by the Insured in seltling incorporated by Schedute A of this policy. any c�aim or suit without lhe prior vrritten consent oi Ihe �d) Each endorsement to lhis policy issued at any time Is made a Company. part of ihis policy and is subJect to all of ils lertns and 10. REDUCTION OF IMSURANCE; REDUCTION OTt TERMINATION P�ovislons. Except as Ihe endorsement expressty states,it does not(i) modify any of the terms and provisions of Ihe policy,(ii) OF LIABILITY modify any prior endorsement, (iii)axlend the Date of Policy,or Ail payments under Ihfs policy, except payments made for costs, (iv)increase lhe Amount of insurance. aitomeys'(ees,and expenses,shall reduce the Amounl of Insurance �6. SEVERABILITY by llie amount o(ihe payment. In the event any provision ot this policy,in whole or in part,is held 11, LIABILfTY NOkCUMULATiVE invalid or unenforceabie under applicable (aw, ihe policy shali be Tlie Amount of Insurance shall be reduced by any amouni the deemed rtot l01nclude(hat provislon or such paR held!o be Invalid, Company pays under any poiicy insuri�g a Mortgage to which bul all other provislons shall remain in tull force and effect excepGon is taken in Schedule B or to whfcli ihe tnsured has agreed, 17 CHOICE OF LAW;FORUM assumed,or Eaken subject,or which Is executed by an Insured afler Date of Policy and which is a charge or lien on lhe Title, and the (a) Choice o!Law: The Insured acknowledges lhe Company has amount so paid shall be deemed a payment to the Insured under ihis underwritten the risks covered by this policy and determined Ihe pollcy. premlum charged lheretor in reliance upon the law affecting 12. PAYMENT OF LOSS (nterests in real property and applicable to the interpre(alion, rights,remedies,or enforcemen!of policies of tiUe (nsurance ot IMien liability and the extent ot loss or damage I�ave been definitely lhe jurisdiction where lha Land ts located. fixed in accordance wilh Ihese Conditfons, the payment shail be Theretore, the caurt or an arl�ilrator shall appiy the la�v o(the made within 30 days. Jurisdiclion where the land Is loca►ed to determine the validity of 13. RIGHTS OF RECOVERY UPON pAYMENT OR SETTLEMEMT claims against the Title tha!are adverse lo lhe Insured and to inter tet and entorce Ihe terms of ihis olic In neillier case (a) Whenever the Company shail have setiled a�d paid a dalm P p 1'• under thfs policy,it shail be subrogated and entiUed to ihe rights shall lhe couA or arbilralor apply ils con(Ilcis ot!aw principles lo of the Insured Claimant in U�e Tille and all other rights and determine the applicable law. remedies in respect to the claim ihat the Insured Ctaimant has (b) Choice oi Forum: My litigalion or other proceeding brought by against any person or property, to lhe exlent of the amount of the Insured against Uie Company must be filed oniy In a state or any loss, cosis, altomeys' fees, and expenses pa(d by Ihe (ederal court wilhfn tlie United States of America or fts lerrilories Company. If requested by the Company, Ihe Insured Claimant having appropriale Jurisdiclion. shall execule documents to evidence the transfer to Ihe 7g, NOTICES,WHERE SENT Company of ihese rights and remedies. The Insured Claimant My noqce oi claim and any other notice or statement in wriling I shall permii the Company lo sue, compromise, or setlle in Ihe requlred to be given lo the Company under thts poltcy must be given name of ti�e Insured Claimant and to use the name of Ihe to Ilte Company at Claims�epartment at P.O. Box 2029, Houston, Insured Clalmant in any transaction or liligalion fnvolving tliese TX 77252-2029. rights and remedies. If a payment on account of a claim does Copyrlgfit 2006•2009 American Land T(lie Assoclatton. All rights reserved. ��r The use o(�his Fam is reatnded to ALTA licensees artd ALTA members in '�"'��'� � good stending es of C�e dale ot use- t�y o i�r n � All other uses are prohibAed. Reprin(ed unde�ficense from Ihe Ameriwn Land TNe AsSOCiaUon. , �,��,� File No.01330-2238 S�eW� � f�:. Page 4 of Policy Serial fVo.: 0-9301-001840058 �t.'�,.�.aN�a=�,, •�'�; AL��A OWNER'S POLICY(6/17/O6) SCHEDULE A Name and Address of Stewart Tif1e Guaranty Company 7itle insurance Company: P.O. Box 2029, Flouston, TX 77252 Prepared by: Colorado Regionat Product+on Center Title Officer: Melanie Lang File No.: 01330-2238 Policy fVo.: 0-9301-001840058 Address Reference: 765 Forest Road, Vail, CO 81657 (For Campany Reference Purposes Only} Amount of Insurance: $7,500,000.00 Premium: $5,863.00 Date of Policy: October 99, 2011 af 3:18 PM 1. Name of Insured: MJG Forest Road, LLC, a 7exas limited liability company 2. The estate or interest in the Land thaf is insured by this pollcy is: Fee Simple 3. Title is vested in: MJG Forest Road, LLC, a Texas limited �iability company 4. The Land referred to in Ehis policy Es described as follows: Lot 8, Block 2, VAII.VILLAGE SIXTH FILING Accarding to the recorded plat thereof COUNTY OF EAGLE STATE OFCOLORADO Copyrlglit 2006•2009 American Land Tltle Assocfatton. All rlghts reserved. ` �� The use o(Ihis Form is restricted lo ALTA licensees and AI.TA membds in good slandiag as of Ihe dale of use. �,,_�� AIIolherusesareprohlbited. Repnnledunderlicensefromthel4nericanLandTitleAssalalion. , �,;.��„� Flle No.01330-2238 Pa e 1 of 1 —�eW�I^t CO STG AITA Owner's Policy Sch A STCO 9 I •tr,a qi4rm,tycn�}�.yiy r;�rr`�;� . - ' ALTA OWNER'S POL(CY(6/1710&) SCHEDULE B File No.: 01330-2238 Policy No.: 0-9301-001840058 , j EXCEPTIONS FROM COVERAGE I This policy does not insure against loss or damage(and the Company will not pay costs, attorneys'fees or expenses)that arise by reason of: 1. Rights ar claims of parties in possession, not shown by the public records. 2. Easements,or ciaims of easements, not shown by the publlc recards. 3. Any encroachment, encumbrance, vio(ation, variations 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 iien,for services, labor or materiat heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims, reservations or exceptlons in patents, or tn acts authorizing the issuance thereof. 6. Water rights, claims or tifte to water. 7. All taxes for 2011 and subsequsnt years,which are a lien not yet payable. 8. 7he effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 3. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded September 4, 1923 in 800k 93 at Page 98 reserving 1) Rights of the proprietor of a vein or lode to exkract and remove his ore therefrom and 2)rights of way for ditches and canals constructed under the authority of the United States. 10. All matters shown on the plat for Vaii Village, Sixth Filing, recorded June 9, 1964 as Reception No. 99380. Note: Par�ial Vacation of Easement by quitclaim deed recorded June 8, 1981 in Book 324 at Page 223 as Recepfion No. 263388 and vacations of easement recorded August 14, 1998 as Reception Nos. 666097, 666098, 66 609g and 666100 and recorded March 1, 1999 as Recepiion No. 688251, 11. Protective Covenants recorded in 800��83 at Pac�e 1, and amended by instrument recorded in Book 183 at Paqe 141. 12. Easement Agreement recorded August 15, 1966 in 800k 197 at Page 471 as Reception No. 104538. 93. Easement Agreement recorded Octaber 10, 1966 in Book 200 at Page 219 as Receation No. 104781. 14. Town of Vail Application for Revocable Permit recorded August 3, 2001 as Reception No. 763888. 15. Resolution of the Board of Directors of the Eagle River Water and Sanitation District recorded September 21, 2007 as Reception No. 200725525. 16. The following matkers shown on the Improvement Location Certificate da#ed May 31, 2000 prepared by!'eak Land Consultants, Inc., Job No. 619: Ffagstone Patio and steps lying outside of property lines and split rail fence sitting off of easterly lot line. Copyright 2006-2009 Amerlcan Land Iltle Assoclatlon. All rlghfs reserved. �� tMt�Il�!/ The usa of lhis Fwm is resvicied�o ALTA licensees and ALTA members in good standinq as of the date of use. ��i�� All olher uses ara prohbited. Reprinled under licease from the American Lend Tille Association. ,,,,,,„�,,,; File No.01330-2238 Page 1 of 2 CO STG AITA Owner s Polic Sch e SE �.s�eW�� : r''-3-" Y t.ogihuantycorp�ny ,�j.., ALTA OWNER'S POLfCY(6/t 7/06) SCHEDULE B 17. The following leases and/or tenancies: (a)short term rental reservations made by or through Vail Management Company including but nof limited to the reservations in place as follows: 4 nighfs from Nov 23-26, 2011; 7 nights from Dec 3-3, 2011; 8 nights from Dec 97-24, 2011; 7 nights from Jan 3-9, 2012 and 14 nights from Feb 1'f-24; 2012 (b) long-term lease for the apartment at the subject prope�ty (c)occupancy of subject property by Nancy Shapiro Adam until 5 pm MT on October 28, 2011 18. Qeed of Trust executed by M.lG Forest Road, LLC, a Texas limited liability company to the Public Trustee of Eagle County, dated October 14, 2091, in the principal amount of$4,000,000.00, payable to Bank of America, N.A., and recorded October 19,2011 as Reception No. 201119444. Copyrlght 2006•2009 Amertcan Land Tflle Assoclation. All rlghts reserved. �r u��rtt��< The ose o(2hls Fortn is restricted to ALTA licensees and ALTA members in good standfng as of Ihe data of use. ��`„��_ All olher uses are prahbiied. Reprin(ed unde�license from the American Land Title Association. „,,;,.�,,,, Fite No.Ot330-2238 Page 2 of 2 CO STG ALTA Owners Polic Sch B SE r SteWC�t �: �'•• y :o aun,anry csi+��nr ,�j'�" STG Privacy Notice 1 (Rev 01I26l09) Stewart Title Cnmpanies WHAT DO THE STEWAR7 TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATiON? Federal and applicabEe state law and regutations give consumers the right t�limit some but not all sharing. Federal and applicable staie law regutations also require us to tell you how we coliect, share, and pratect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Slewart Title Guaranty Company and its aniiates(the Stewart Title Companies),pursuant fo Title V of the Gramm-Leach-Sliley Act(GLBA). 7he types of personal inFormation we collect and share depend on the product or service that you have sought through us. This information can indude social security numbers and driver's license number. Ail financial companies, such as the Stewart Title Companies, need to share customers'persona!information to run their everyday business—to process #�ansactions and maintain customer accounts. In the section beiow, we list the reasons that we can share customers'personal information;the reasons that we choose Eo share; and whether you can limit this sharing. Reasons we can share your personal(nformation Do we share? Can you Ilmit thls sharingl For our everyday business purposes—to process your transactions and maintain your account. This may include running the business and managing Yes No customer accounts,such as processing transactions,mailing,and auditing services, and responding to court orders and legal investigations. For our marketing purposes—to oifer our products and services to you. Yes No For Jolnt marketing with other financial companies No We don'f share For our affiliates'everyday buslness purposes—information about your transactions and experiences,Affiliates are companies related by common ownership or control.They can be frnanclal and non-financEal companies. Our Yes No a�liafes may include companies with a Stewart name;frnancia!compenies, such as Stewart Tille Company For our afflliates'everyday business purposes—information about your No We don't share creditwo�thiness. For our affllfates to market to you Yes No For non-affilfates to market to you. Non-affiliates are companies not related by �o We don't share common ownership or control.They can be tinancial and non-financial companies. We may disclose your personal information io our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-a�liate, such as a third party insurance company, we will disclose your personal information to that non-affillate. jWe do not contro)their subsequent use of information,and suggest you refer to their privacy notices.] Sharing practices How often do the Stewart Title Companies We must nofify you about our sharing practices when you reques#a transaction. notify me about their practices? How do the Stewart Title Companles To protect yaur personal information from unaulhorized access and use,we use protect my personal informationl security measures lhat cvmply wi#h federal and state law. These measures include com ufer file and buildin safe uards. How do the Stewart Title Companies We collect your personal informalion,for example,when you collect my persona)information? • requesl insurance-related services • provide such information to us We aiso collect your personal information ftom oihers, such as the real estaie agent or lender invoived in your#ransaction, credit reporling agencies, affifiates or other com anies. What sharing can I Ilmit? Although federal and state law give you the right to limit sharing(e.g.,opt outj in ceriain instances,we da not share our ersonal information in those instances. Contact Us If you have any quesiions about Ihis privacy notice,please contact us at: Stewart Tille Guaranty Com an , 1980 Post Oak Blvd.,Privac Offcer,Houston,Texas 77056 File No.:01330-2238 Paga 1 of 1 Cp STO Endorsement 11U.1 Deletion of Exception A4TA Lender ENDORSEMENT ATTACHED TO AfVD MADE A PART OF POLICY O�TITLE INSURANCE SERIAL NUMBER 0-9301-001840058 Issued by �� , at �title guaranty com�any HEREIN CALLED THE COMPANY File No.: 01330-2238 Charge: $50.00 �� Said Policy is hereby amended by deleting paragraphs 9 -4, inclusive of Schedule B. I This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the poficy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsernents, nor does it increase the face amount thereof. Signed under seal for the Company,but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned by: � _. ,A' t .� / `-��l__� (�Lff.. � v��,�/�, �,��v V��"" Senior Chairman of t e eoard ��l�i��/- -.----- tltla c�uartuity company A�J��rii��iCaurct�si�+al�rt � . Stewart Title �h.�`Tt��C�'��v`' 4•� R�OI�� Z! Agent ID:O6fl058 �;,`°,�'1.��= Chairman of ihe Board 97 Main Sfreet, Suite W201 ''"i, i 3°a ,`•°� ,;.,, .., . Edwards,CO 89632 --'Ir z'�i.� •;-��.r N r ��/� President Endorsement �_gg51-025888791 Serial No. File No.Oi330-2238 Page 1 of i STG CLTA Form i 10.1 Deletion of Exception AITA Lender i`