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Home My WebLink AboutPEC110063 Planning and Environmental Commisson ACTION FOAM Department of Community Development 7M W VARM 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.7139 fax: 970.47!9.2452 COMAC r CEYE MOM web: www.vailgov.com Project Name: DIAMOND ASSETS PLAT PEC Number: PEC110063 Project Description: AMEND PROPERTY LINE BETWEEN LOT 2 AND LOT 3 Participants: OWNER DIAMOND ASSETS INC 12/02/2011 3279 S SANTA FE DR ENGLEWOOD CO 80110 APPLICANT DIAMOND ASSETS INC 12/02/2011 3279 S SANTA FE DR ENGLEWOOD CO 80110 Project Address: 4336 STREAMSIDE CR WEST VAIL Location: Legal Description: Lot: 3 Block: Subdivision: BIGHORN 4TH ADDITION Parcel Number: 2101-123-0500-1 2101-122-1300-2 Comments: BOARD/STAFF ACTION Motion By: KURZ Action: APPROVED Second By: PRATT Vote: 5-1-0 Date of Approval: 04/09/2012 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0012403 The applicant shall add the following note on the plat: 'The addresses on this plat are for reference purposes only. Please refer to the Town of Vail for updated addressing information." Cond: CON0012535 The applicant shall delete the administrator certificate from the plat. Cond: CON0012536 The applicant shall ensure that the final plat does not render the existing legally non-conforming side setbacks more nonconforming. Planner: Bill Gibson PEC Fee Paid: $650.00 rowN of va' ii% OEC o 12011 w� TOWN OF VAIL Department of Community Development 75 South Frontage Road Vail, CO 81657 Tel: 970 - 479 -2128 www.vailgov.com Development Review Coordinator Minor Subdivision Review Application for Review by the Planning and Environmental Commission General Information: This application is for a request to subdivide not more than four (4) lots fronting on an existing street, not involving any new street or road or the extension of Municipal facilities and not adversely affecting the devel- opment of the remainder of the parcel or adjoining property. "Minor subdivisions ", as defined in section 13 -2 -2 Defini- tions, Vail Town Code, shall be exempt from requirements related to preliminary plan procedures and submittals. Please see Section 13 -4, Minor Subdivisions, Vail Town Code for more detailed information. Vail Town Code can be found on the Town's website at www.vaile, . The proposed project may also require other permits or applications and /or review by the Design Review Board and /or Town Council. Fee: $650 Description of the Request: 1 ,/ � i� ez in ov I f Physical Address: X N� 1 �'rCA�r1s /�G r� /�L ��•Jl Parcel Number: �� Z (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Property Owner: 6 A4 me k— 5 — n 0 1AzyD/t�i c �, Mailing Address: 37 77 1) Owner's Signature: Primary Contact/ 01 Mailing Address: _ j, Phone: 50 3. 47__5 - 4V/3 E -Mail: M kId U /I� Fax: For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Exp. Date: Auth # Check # Fee Paid: 0. 00 Meeting D ate: ' 1 • / Planner: Zoning: Location of the Proposal Received From: !)tArtxw n 1AnrnES Jw_ PEC No.: _ Pe C_ ( I OO (0 Project No: P P Y ) I- O - 1 1 l Land Use: Lot: 3 Block: Subdivision: a l t op'm �Y 1 An f1rl f)&) O1- Aug -11 PLANNING AND ENVIRONMENTAL COMMISSION PROCESS Pre - application Meeting A pre- application meeting with Town of Vail Staff is not required; however, highly recommended. The purpose of a pre - application meeting is to identify any critical issues pertaining to the proposal and to determine the appropriate develop- ment review process for an application. Town of Vail Planning Staff reserves Thursday afternoons for pre - application meetings. Please call the Development Review Coordinator at 970 - 479 -2128 to schedule a meeting for Thursday after- noon. Deadlines and Meeting Dates The Planning and Environmental Commission meets on the 2nd and 4th Mondays of each month beginning at 1:00 pm. Complete applications are due in the Office of Community Development no later than 12:00 noon on the submittal deadlines below: ARQ± f cation Submittal Submit all required information under the submittal requirements section of this application by the deadlines stated above. Incomplete applications will not be processed. Upon receipt of a complete application, the Community Development De- partment shall review the submitted materials for general compliance with the appropriate requirements of the zoning code. If the application is not in compliance with zoning code requirements, the application and submittal materials shall be returned to the applicant with a written explanation of non - compliance. Recording Following the review and approval of the plat, the applicant shall produce 1 mylar of the plat for signatures and recording. The applicant shall collect all signatures except the Town Administrator and the County Recorder, and submit the signed mylar to the Community Development Department, 75 South Frontage Road, Vail, CO. The Town Clerk shall RECORD THE mylar with any additional declarations or covenants submitted. The mylar shall be accompanied by the recording fees: 0 For mylar: $11 for first page, $10 for ea additional page For other declarations. covenants etc: $6 for first page, $5 for ea additional page Mylar format shall be in India ink, 24 inches x 36 inches, scale of 100 feet = 1 inch or larger, margins of 1 1 12 inches — 2 inches, and shall match the approved paper copy of the plat. Submittal Deadline Meeting Date Continued , . , Continued , , , December 13, 2010 January 10, 2011 Submittal Deadline Meeting Date December 27 2010 January 24 2011 July 11 2011 August 8 2011 January 17 2011 February 14 2011 July 25 2011 August 22 2011 January 31 2011 February 28 2011 August 15 2011 September 12 2011 February 14 2011 March 14 2011 August 29 2011 September 26 2011 February 28 2011 March 28 2011 September 12 2011 October 10 2011 March 14 2011 Aril 11 2011 September 26 2011 October 24 2011 March 28 2011 Aril 25 2011 October 17 2011 November 14 2011 April 11 2011 May 9 2011 October 31 2011 November 28, 2011 April 25 2011 May 23 2011 November 14 2011 December 12 2011 May 16 2011 June 13 2011 November 28 2011 Meeting Canceled May 31, 2011 June 27, 2011 (Tuesday)� December 12, 2011 January 9, 2012 June 13 2011 July 11 2011 December 26 2011 January 23 2012 June 27 2011 Jul 25 2011 Planning and Environmental Commission Meeting Requirements 1. The applicant, or their representative (s), shall be present at the Planning and Environmental Commission_ public meeting. The item will be postponed if the applicant fails to appear before the Planning and Environmental Commis- sion, on their scheduled meeting date. SUBMITTAL REQUIREMENTS Please submit the following items to proceed. • Completed application form including owner's signature (cover sheet). • Application fee .� ❑ 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 applicants 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 prop- erty owner. In the case of a multiple - family dwelling or multi- tenant building, the authority of the association shall complete this form. ❑ Two paper copies of the plat including the following: • Paper size shall be 24 inches by 36 inches • Scale of 100 feet = 1 inch or larger • Margins of 1 1 12 inches — 2 inches • Accurate dimensions to the nearest one - hundredth (0.01) of a foot for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common uses and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, arc chord distances and bearings. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one in ten thousand (10,000). • North arrow and graphic scale. • A systematic identification of all existing and proposed buildings, units, lots, blocks, and names for all streets. • Names of all adjoining subdivisions with dotted lines of abutting lots. If adjoining land is unplatted, it shall be shown as such. • An identification of the streets, alleys, parks, and other public areas or facilities as shown on the plat, and a dedication thereof to the public use. An identification of the easements as shown on the plat and a grant thereof to the public use. Areas reserved for future public acquisition shall also be shown on the plat. • A written survey description of the area including the total acreage to the nearest appropriate significant figure. The acreage of each lot or parcel shall be shown in this manner as well. • A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and a description of all monuments used in conducting the survey. Monument perimeter per Colorado stat- utes. Two (2) perimeter monuments shall be established as major control monuments, the materials which shall be determined by the town engineer. • A statement by the land surveyor explaining how bearing base was determined. • The proper plat title format for filing a plat in the town, as outlined in section 13 -11 -1, Plat Title Formats, Vail Town Code. • A certificate by the registered land surveyor as outlined in section 13 -11 -4, Surveyor's Certificate, Vail Town Code as to the accuracy of the survey and plat, and that the survey was performed by him /her in ac- cordance with Colorado Revised Statutes title 38, article 51. • A certificate by an attorney admitted to practice in the state, or corporate title insurer, that the owner(s) of record dedicating to the public the public rights of way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances except as noted (According to Section 13 -11 -5, Title Certificate, Vail Town Code). • The proper form for approval of the plat by the Town of Vail as per Section(s), as they apply, 13 -11 -7, Town Council Certificate, 13 -11 -8, Planning and Environmental Commission Certificate, and/ or 13 -11 -9, Admin- istrator Certificate, Vail Town Code. • The proper form for filing of the plat with the Eagle County clerk and recorder as per Section 13 -11 -6, Clerk and Recorder Certificate. • Certificate of dedication and ownership as per Section(s) 13- 11 -11, Certificate of Ownership, and or Sec- tion 13 -11 -3, Certificate of Dedication for Mortgage Holder or Deed of Trust Holder, Vail Town Code. Should the certificate of dedication and ownership provide for a dedication of land or improvement to the public, all beneficiaries of deeds of trust and mortgage holders on said real property will be required to sign the certificate of dedication and ownership in addition to the fee simple owner thereof as per Section(s) 13- 11-2, Certificate of Dedication and Ownership, and /or Section 13 -11 -3, Certificate of Dedication for Mort- gage Holder or Deed of Trust Holder, Vail Town Code. ❑ A certificate by the treasurer of Eagle County that will certify that the entire amount of taxes due and payable upon all parcels of real estate described on the plat are paid in full, as per Section 13- 11 -10, Certificate of Taxes Paid, Vail Town Code. ❑ Other data, certificates, affidavits, or documents as may be required by the administrator or planning and environmental commission or council in the enforcement of these regulations, may include but is not limited to: • Complete and final environmental impact report if required by the zoning ordinance. • Complete engineering plans and specifications for all improvements to be installed, including, but not limited to, water and sewer utilities, streets and related improvements, pedestrian and bicycle paths, bridges and storm drainage improvements. • Maps at the same scale as the final plat showing existing topography and proposed grading plan (contour inter- val requirements same as preliminary plan), a landscape and /or revegetation plan showing locations, type and sizes of existing and proposed vegetation. • A map the same scale as the final plat depicting all high and moderate avalanche hazard areas, forty percent (40 %) and higher slope areas and 100 -year floodplain areas as defined in the hazard ordinance of this codel . • Copies of any monument records required of the land surveyor in accordance with Colorado Revised Statutes title 38, article 53. • Any agreements with utility companies when required. • Protective covenants in form for recording. Please note that only complete applications will be accepted. All of the required information must be submitted in order for the application to be deemed complete. PIP Land Title Guarantee Company CUSTOMER DISTRIBUTION L and Til GUARANTEE COMPANY W WW. LT GC. C OM Date: 10 -12 -2011 Our Order Number: V50032035 Property Address: 4316 & 4336 STREAMSIDE CIRCLE AKA LOTS 2 & 3 BIGHORN 4TH ADDITION VAIL, CO 81657 If you have any inquiries or require further assistance, please contact one of the numbers below. For Tide Assistance: Vail Title Dept. 610 WEST LIONSHEAD CIRCLE #200 VAIL, CO 81657 Phone: 970 - 476 -2251 Fax: 970 - 476 -4534 EMail: eaglecountyrequests @ltgc.com ASCENT SOTHEBY'S INTERNATIONAL REALTY 292 E MEADOW DR #101 MOUNTAIN HAUS VAIL, CO 81657 Attn: KYLE DENTON Phone: 970 - 476 -7944 Fax: 866 - 204 -8245 Copies: 1 EMail: kyle @ascentsothebysrealty.com Linked Commitment Delivery EAGLE VALLEY SURVEYING PO BOX 1230 EDWARDS, CO 81632 Attn: STAN HOGFELDT Phone: 970 - 949 -1406 Fax: 970 - 845 -9504 Copies: 1 EMail: stanhogfeldt @evsurvey.com Sent Via EMail DIAMOND ASSETS INC 3279 S SANTA FE DR ENGLEWOOD, CO 80110 Attn: ED DIAMOND Phone: 303 - 789 -4451 Land Title Guarantee Company Date: L and Titl Our Order Number: GUARANTEE COMPANY WWW. LT G C. C OM Property Address: 4316 & 4336 STREAMSIDE CIRCLE AKA LOTS 2 & 3 BIGHORN 4TH ADDITION VAIL, CC 81657 Buyer/Borrower: A BUYER TO BE DETERMINED Seller /Owner: DIAMOND ASSETS, INC., A COLORADO CORPORATION 10 -12 -2011 V50032035 Need . a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to anv of our 54 office iocauons. ESTIMATE OF TITLE FEES TBD Commitment $100.00 If an Title Guarantee Company vill be closing this transaction, above fees will be collected at that time. TOTAL $100.00 F.- CONTACT 06/04 THANK YOU FOR YOUR ORDER! Pq LAND TITLE GUARANTEE COMPANY INVOICE NO. VA -4918 Land Title GUA.RAN'EE COMPANY DIAMOND ASSETS INC 3279 S SANTA FE DR ENGLEWOOD, CO 80110 ED DIAMOND Owner: DIAMOND ASSETS, INC., A COLORADO CORPORATION Address: 4316 & 4336 STREAMSIDE CIRCLE AKA LOTS 2 & 3 BIGHORN 4TH ADDITION VAIL, CO 81657 Invoice Date: October 12, 2011 Order No. V50032035 Invoice Charges TBD Commitment $100.00 - Amount Due - $100.00 Due and payable upon receipt. For Remittance please refer to Invoice No. VA -4918 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. V50032035 Schedule A Cust. Ref.: Property Address: 4316 & 4336 STREAMSIDE CIRCLE AKA LOTS 2 & 3 BIGHORN 4TH ADDITION VAIL, CO 81657 1. Effective Date: September 30, 2011 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED 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: DIAMOND ASSETS, INC., A COLORADO CORPORATION 5. The Land referred to in this Commitment is described as follows: LOTS 2 AND 3, BIGHORN SUBDIVISION, FOURTH ADDITION, ACCORDING TO THE PLAT RECORDED FEBRUARY 4, 1964 UNDER RECEPTION NO. 98774. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50032035 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: WARRANTY DEED FROM DIAMOND ASSETS, INC., A COLORADO CORPORATION TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: SAID DOCUMENT CAN BE EXECUTED BY THE PRESIDENT, VICE - PRESIDENT OR CHAIRMAN OF THE BOARD (CEO) OF THE CORPORATION. IF ANY OTHER OFFICER OF THE CORPORATION OR AGENT EXECUTES SAID DOCUMENT ON BEHALF OF THE CORPORATION, A POWER OF ATTORNEY/RESOLUTION MUST BE PROVIDED TO LAND TITLE GRANTING SAID AUTHORIZATION. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND /OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50032035 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. 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 NOVEMBER 17, 1902, IN BOOK 48 AT PAGE 492. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 17, 1902, IN BOOK 48 AT PAGE 492. 10. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 20, 1962, IN BOOK 174 AT PAGE 403 AND AS AMENDED IN INSTRUMENT RECORDED FEBRUARY 6, 1964, IN BOOK 182 AT PAGE 31. THE ARCHITECTURAL APPROVAL AS REQUIRED IN PARAGRAPH 3 OF THE ABOVE REFERENCED DOCUMENT IS PROVIDED BY THE TOWN OF VAIL RATHER THAN THE ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50032035 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: GRANTOR OF THE ABOVE REFERENCED DOCUMENT. 11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF BIGHORN SUBDIVISION FOURTH ADDITION RECORDED FEBRUARY 4, 1964 RECEPTION NO. 98774. 12. EASEMENT AND RIGHT OF WAY FOR GORE CREEK AS IT AFFECTS SUBJECT PROPERTY. 13. RIGHTS AND EASEMENTS FOR NAVIGATION AND FISHERY IN FAVOR OF THE PUBLIC WHICH MAY EXIST OVER THAT PORTION OF SAID LAND LYING BENEATH THE WATER OF GORE CREEK. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10 -I1 -122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes I 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 o recording whenever the title entity conducts the closin and is responsible for recording or filing of legal documents resulting from the transaction winch was closed ". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recordin the legal documents from the transaction, exception number 5 will not appear on the Owner s Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien rotection for the Owner may be available (typicall by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner s Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or 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 liens. 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 exce lion, or exceptions, in Schedule B, Section 2. A) at there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal ener in the property; and B) That such mineral estate may inc ude the right to enter and use the proper without the surface owner's permission. Note: Pursuant to CRS 10- 1- 128(6)(a), It is unlawful to knowing 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.co 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, D /B /A LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION This Statement is provided to you as a customer of Land Title 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.P0L.LTG.1 Commitment for Title Insurance ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation ( "Company "), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured names in Schedule A, as owner or mortgage of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, First American Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of the Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issued one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules as www.alta.org Issued by: LAND TITLE GUARANTEE COMPANY 3033 EAST FIRST AVENUE SUITE 600 PO BOX 5440 (80217) DENVER, CO 80217 A horized Offic r or Agent CC.FA.O6 FIRST AMERICAN TITLE INSURANCE COMPANY 4��7- AM f RI CAN LAND TITLE ASSOCIATION Account Account: R011690 Page 1 of 3 Tax amounts do not include interest, penalties and fees on delinquent accounts. Contact the Treasurer's office for current amounts due on delinquent accounts Year Transaction Tax Owed Interest Fees Payments Remaining Type Type Date Payor Description Owed 2010 TAX $3,989.80 $0.00 $0.00 ($3,989.80) $0.00 2009 TAX $3,980.44 $0.00 $0.00 ($3,980.44) $0.00 2008 TAX $3,596.76 $0.00 $0.00 ($3,596.76) $0.00 2007 TAX $3,553.62 $0.00 $0.00 ($3,553.62) $0.00 2006 TAX $3,147.72 $0.00 $0.00 ($3,147.72) $0.00 2005 TAX $2,939.40 $0.00 $0.00 ($2,939.40) $0.00 2004 TAX $2,721.90 $0.00 $0.00 ($2,721.90) $0.00 2003 TAX $2,656.12 $0.00 $0.00 ($2,656.12) $0.00 2002 TAX $2,765.84 $0.00 $0.00 ($2,765.84) $0.00 2001 TAX $2,625.12 $0.00 $0.00 ($2,625.12) $0.00 2000 TAX $2,384.52 $0.00 $0.00 ($2,384.52) $0.00 1999 TAX $2,338.12 $0.00 $0.00 ($2,338.12) $0.00 1998 TAX $2,370.82 $0.00 $0.00 ($2,370.82) $0.00 1997 TAX $2,192.36 $0.00 $0.00 ($2,192.36) $0.00 1996 TAX $1,873.59 $0.00 $0.00 ($1,873.59) $0.00 1995 TAX $1,945.66 $19.46 $0.00 ($1,965.12) $0.00 1994 TAX $2,019.17 $0.00 $0.00 ($2,019.17) $0.00 1993 TAX $1,990.67 $0.00 $0.00 ($1,990.67) $0.00 1992 TAX $1,588.52 $0.00 $0.00 ($1,588.52) $0.00 1991 TAX $1,582.03 $0.00 $0.00 ($1,582.03) $0.00 1990 TAX $1,325.70 $0.00 $0.00 ($1,325.70) $0.00 1989 TAX $1,298.99 $0.00 $0.00 ($1,298.99) $0.00 1988 TAX $1,073.61 $0.00 $0.00 ($1,073.61) $0.00 1987 TAX $1,818.80 $0.00 $0.00 ($1,818.80) $0.00 1986 TAX $1,321.47 $0.00 $0.00 ($1,321.47) $0.00 Tax Detail Year Tax Type Date Payor Description Amount View 2010 TAX TAXCHG 01/01/2011 TAX ROLL $3,989.80 TRANSFER 2010 TAX TAXPMTW 04/22/2011 DIAMOND ASSETS INC ($3,989.80) 2009 TAX TAXCHG 01/01/2010 TAX ROLL $4,440.40 TRANSFER 2009 TAX TAXABT 04/13/2010 Modify ($459.96 20100106130000 2009 TAX TAXPMTW 04/23/2010 DIAMOND ASSETS INC ($3,980.44) 2008 TAX TAXCHG 01/01/2009 TAX ROLL $3,596.76 TRANSFER 2008 TAX TAXPMTW 04/20/2009 DIAMOND ASSETS INC ($3,596.76) 2007 TAX TAXCHG 01/01/2008 TAX ROLL $3,969.24 TRANSFER 2007 TAX TAXABT 02/25/2008 Modify 3071227111900 ($415.62) http: / /property.eaglecounty.us /assessor /taxweb /account.j sp ?accountNum= R011690 &doc... 11/23/2011 Account Account: R012170 Tax amounts do not include interest, penalties and fees on delinquent accounts. Contact the Treasurer's office for current amounts due on delinquent accounts Year Transaction Tax Owed Interest Fees Payments Remaining Type Owed 2010 TAX $10,233.36 $0.00 $0.00 ($10,233.36) $0.00 2009 TAX $10,209.36 $0.00 $0.00 ($10,209.36) $0.00 2008 TAX $9,086.88 $0.00$0.00 ($9,086.88) $0.00 2007 TAX $8,977.94 $0.00$0.00 ($8,977.94) $0.00 2006 TAX $7,633.32 $0.00$0.00 ($7,633.32) $0.00 2005 TAX $7,128.18 $0-00$0.00 ($7,128.18) $0.00 2004 TAX $5,203.28 $0.00$0.00 ($5,203.28) $0.00 2003 TAX $5,077.56 $0.00$0.00 ($5,077.56) $0.00 2002 TAX $4,694.88 $0.00$0.00 ($4,694.88) $0.00 2001 TAX $4,456.30 $0.00$0.00 ($4,456.30) $0.00 2000 TAX $4,536.84 $0.00$0.00 ($4,536.84) $0.00 1999 TAX $4,448.56 $0.00$0.00 ($4,448.56) $0.00 1998 TAX $4,506.90 $0.00$0.00 ($4,506.90) $0.00 1997 TAX $4,167.65 $0.00$0.00 ($4,167.65) $0.00 1996 TAX $4,163.24 $0.00$0.00 ($4,163.24) $0.00 1995 TAX $4,323.39 $43.23 $0.00 ($4,366.62) $0.00 1994 TAX $4,518.76 $0.00$0.00 ($4,518.76) $0.00 1993 TAX $4,454.98 $0.00$0.00 ($4,454.98) $0.00 1992 TAX $3,869.55 $0.00$0.00 ($3,869.55) $0.00 1991 TAX $3,853.75 $0.00$0.00 ($3,853.75) $0.00 1990 TAX $2,925.13 $0.00$0.00 ($2,925.13) $0.00 1989 TAX $2,866.21 $157.64 $0.00 ($3,023.85) $0.00 1988 TAX $3,267.89 $0.00$0.00 ($3,267.89) $0.00 1987 TAX $3,390.65 $118.67 $0.00 ($3,509.32) $0.00 1986 TAX $4,880.27 $0.00$0.00 ($4,880.27) $0.00 Page 1 of 3 Tax Detail Year Tax Type Date Payor View 2010 TAX TAXCHG 01/01/2011 Description TAX ROLL TRANSFER Amount $10,233.36 2010 TAX TAXPMTW 04/25/2011 DIAMOND ASSETS INC 2009 TAX TAXCHG 01/01/2010 2009 TAX TAXPMTW 04/23/2010 DIAMOND ASSETS INC 2008 TAX TAXCHG 01/01/2009 2008 TAX TAXPMTW 04/20/2009 DIAMOND ASSETS INC 2007 TAX TAXCHG 01/01/2008 2007 TAX TAXABT 02/25/2008 2007 TAX TAXPMTW 04/14/2008 DIAMOND ASSETS INC TAX ROLL TRANSFER TAX ROLL TRANSFER TAX ROLL TRANSFER Modify 3071227111900 ($10,233.36) $10,209.36 ($10,209.36) $9,086.88 ($9,086.88) $10,519.60 ($1,541.66) ($8,977.94) http://property.eaglecounty.us/assessor/taxweb/account.j sp?accountNurn=R0 I 2170&doc... 11/23/2011 TOWN OF VAIL THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12 -3 -6, Vail Town Code, on January 9, 2012, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for the review of a variance from Section 12 -6D -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for new construction within the front setback, located at 1895 Gore Creek Drive /Lot 26, Vail Village West Filing 2, and setting forth details in regard thereto. (PEC110061) Applicant: Alejandro Diazayas, represented by Shepherd Resources, Inc. Planner: Bill Gibson A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to 12 -3 -7, Amendment, Vail Town Code, to amend Section 12 -7H- 3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow professional offices, business offices and studios as a conditional use on the first floor or street level, and setting forth details in regard thereto. (PEC110062) Applicant: 450 Buffalo Properties, LLC, represented by the Mauriello Planning Group Planner: Rachel Dimond A request for the review of a final plat, pursuant to Chapter 13 -12, Exemption Plat di Review Procedures, Vail Town Code, to allow for the re- subdivision of Lots 2 and 3, Bighorn Subdivision 4 Addition, located at 4316 and 4336 Streamside Circle West, and ll'" `v setting details in regards thereto. (PEC110063) .,.(\ _ q, ppl Diamond Assets, represented by Triumph Development iV �ti 1' Planner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road West. The public is invited to attend site visits. Please call 970-479 - 2138 for additional information. Sign language interpretation is available upon request, with 24 -hour notification. Please call 970 - 479 -2356, Telephone for the Hearing Impaired, for information. Published December 23, 2011, in the Vail Daily. - Napped Listings Report Page 1 of 2 Mapped Listings Report rem , •� • ia'at tit. * N l- • Current MIS listings =Current MILS Listings - Parcel Pending listings 4 Ecpeed listings , men Mouses (WWWn 14 days) =Parcel E)udka * MIS listed Sales 0 M IS listed Sales - Parcel =County Recorded Sates - Par cel * Current Rental Us$ngs Parcels Address: 1835 BLAKE ST, DENVER CO Owner: STREAMSIDE CIRCLE 80202 PARTNERSHIP LLLP Address: 308 E LANCASTER AVE #30, Owner: SILBERBERG,PAUL & AVIVA YNNEWOOD PA 19096 ETAL W Address: 1835 BLAKE ST, DENVER CO Owner: STREAMSIDE CIRCLE 80202 PARTNERSHIP LLLP Address: 2100 N MAGNOLIA AVE, CHICAGO IL 60614 Owner: MORRIS,MERIDIAN TRUST Address: 12 SOUTH LN, CHERRY HILLS VILLAGE CO 80113 Owner: POLLOCK,ERIC M & ELLEN L Address: 1835 BLAKE ST, DENVER CO Owner: STREAMSIDE CIRCLE 80202 PARTNERSHIP LLLP Address: 1405 DARNELL ST SE, Owner: MAYNOR,ROBERT C JEFFREY HUNTSVILLE AL 35801 DALE JR TR TRUST http: / /mlalax.rapmis.com/MLA2/ GetReport .lfs ?hidMLS =VAIL& SessionNumber= 172956... 12/9/2011 ` - Mapped Listings Report Page 2 of 2 Address: 1485 CRESTRIDGE DR, Owner: MILLER,STEVEN D + GREENWOOD VILLAGE CO 80121 KENNEDY,ANN M Address: 4289 NUGGET LN, VAIL CO 81657 Owner: WILHELM,ROBERT M & KAREN J Address: 12802 TOPPING MANOR DR, Owner: GRANTEE 100 RAYMOND J SAINT LOUIS MO 63131 HELMERING TR Address: 975 LINCOLN ST #3I, DENVER CO Owner: VAUSSE HOLDINGS LLC 80203 Address: 1210 SAWLEAF ST, SAN LUIS Owner: KANDELL LIVING ROBERT L OBISPO CA 93401 ROBERT L TRUST Address: 1660 LINCOLN ST #3175, Owner: BAILEY,JAMES STEVEN JR DENVER CO 80264 Address: 4267 NUGGET LN #B, VAIL CO Owner: MILLER,ANN LEE 81657 Address: PO BOX 2644 , VAIL CO 81658 Owner: INVERPLUS LLC Address: 4249 NUGGET LN, VAIL CO 81657 Owner: SCHRAGER,BARRY Address: PO BOX 4940 , VAIL CO 81658 Owner: W REAL ESTATE HOLDINGS LP Address: 2920 MANNS RANCH RD, VAIL Owner: CARNIE LIVING TRUST CO 81657 Address: 3279 S SANTA FE DR, Owner: DIAMOND ASSETS INC ENGLEWOOD CO 80110 Address: 3279 S SANTA FE DR, Owner: DIAMOND ASSETS INC ENGLEWOOD CO 80110 Address: PO BOX 486 , ANGLETON TX Owner: FAICKNEY,ROBERT F III 77516 http: / /mlalax. rapmis .com /MLA2 /GetReport.lfs ?hidMLS =VAIL& SessionNumber= 172956... 12/9/2011