HomeMy WebLinkAboutDRB120090Department of Community Development
75 South Frontage Road
. Vail, CO 81657
Tel: 970-479-2128
www.vailgov.com
Development Review Coordinator
Application for Design Review
Additions -Residential or Commercial
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 additions' and 'interior conversions'. Applicable Vail Town Code sections can be found at
www .vailgov.com under Vail 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 Community 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 approval expires one year from the date of approval,
unless a building permit is issued and construction commences.
Fee: $300
___ Single Family ___ Duplex .f Multi-Family ____ Commercial
D~cri~on~fueR~ue~_E_n_cl_o_~_M_a_~_e_r_B_~_r_o_o_m_d_e_c_k ________________ _
Addition of _4_0 __ sq ft of GRFA (Residential) or ___ sq ft of net floor area (Commercial/ Office)
Physical Address: 1476 Westhaven Dr #20, Vail, CO 81657
Parcel Number: _2_1_03_-_1_2_1-_0_2o ________ (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
PropereyOwner: _L_a_nd_o_n_w_y_at_t __________________________ ___
Mailing Address: 301 S College St., 2800, Charlotte, NC 28202
-----------n~rr--~~-~---Phone: _________ ~------
Owne~sSignature : -~~~-~~~-~-~----~~~~~~-~~-~~~~~-~-~~~---~
Primary Contact/ Owner Represent ·ve: Jeff Gold/Beth Levine Architect, Inc.
Mailing Address : P.O. Box 385, Eagle, CO 81631/P.O. Box 1825, Avon, CO 81620
Phone: 970-328-1049/970-926-4993 ----------------------
E-Mail: tgold 1226@aol.com/ Fax: beth@bethlevinearchitect.com/970-926-2993
For Office Use Only:
Cash_ CC: Visa I MC Last 4 CC # ____ Exp. Date:--~ Auth # ____ Check# ____ _
Fee Paid: Received From:---------------
Meeting Date: ORB No.: ________ __..;.. _______ ___
Planner: Project No:------------------
Zoning: Land Use:-----------------
Location of the Proposal: Lot: ___ Block: ___ Subdivision: _____ ~----------
RECEIV
VED
04/06/2012 - DR
GLEN LYON SUBDIVISION53
PRJ12-0133
DRB120090
Property Address
Parcel#
Legal Description
Development Site Area
Zone District / SDD #
Hazard Zones
Sections 12-21 & 14-7
Creeks, Streams·
Section 12-14-17
Project Description
Development Standards
Gross Residential Floor Area
{maximum)
Chapter 12-15
Setbacks {minimum)
Section 14-10-4
Site Coverage {maximum)
see definition Section 12-2-2
Building Height {maximum)
see definition Section 12-2-2
Lands caping
See definition Section 14-2-1
Section 14-10-8
Driveway
Sections 14-3-1 & 14-3-2
Parking
Sections 12-10 & 14-5
Outdoor Lighting {maximum)
Property Information
14 76 Westhaven Dr #20
21 03-121-08-020
Phase 1, Subdivision: Coldstream Condominiums, Unit: 20
sq ft IN/ A I acres I N/ A I ~uildable sq I N/ A
Special Development District
Snow Avalanche :Q High Severity Q Moderate Severity_GlN/ A
Debris Flow i()High Flow LJ Moderate Flow ()High Avalanche (~/A
Rockfall QHigh Severity L)Medium Severity @J/A
Excessive Slopes I o ~30% (!}N/ A
Floodplain 10 100 year floodplain Q Fioodway . Q wetlands (!)N / A
_Gore Creek Q m site U adjacent to site Q N/ A
Other tributary: Oon site O adjacent to site G)N; A
Project Information
,.
Allowed Existing Proposed
Primary sq ft N/A
Secondary sq ft N/A
EHU sq ft N/A
TOTAL sq ft N/A
0lso Addition · Onterior Conversion
Credits: N/A
Front ft N/A
Side ft N/A
Side ft N/A
Rearft N/A
Watercourse ft N/A
N/A
Sloping ft N/A Flat ft
Softscape sq ft N/A
Hardscape sq ft N/A
TOTALsq ft N/A
Max Curb-cuts N/A
Max Grade @ cen-N/A terline
Min Width N/A
Heated drive? Q Yes G)No o ves (!)No
Snow Storage % N/A
#Enclosed Spaces N/A
#Unenclosed
TOTAL
#fixtures C:lirY'\in"'+o nno fi"+•tro
PROPOSED MATERIALS
Building Materials Type of Material
Roof N/A
Siding Match Existing
Other wan Materials N/A
Fascia Match Existing
Soffits Match Existing
Windows Match Existing
Window Trim Match Existing
Doors N/A
Door Trim N/A
Hand or Deck Rails Match Existing
Flues N/A
Flashing Match Existing
Chimneys N/A
Trash Enclosures N/A
Greenhouses N/A
Retaining walls N/A
Exterior Lighting N/A
Other N/A
Notes:
Please specify the manufacturer's name, the color name and number and attach a color chip.
PROPOSED
TREES
AND SHRUBS
N/A
EXISTING TREES N/A
PROPOSED LANDSCAPING
Common Name
----------------
10 BE REMOVED
Minimum Requirements for Landscaping:
GROUND COVER
SOD
SEED
IRRIGATION
TYPE OF EROSION CONTROL
Deciduous Trees-2" Caliper
Coniferous Trees-6' in height
Shrubs -5 Gal.
Square footage
Quantity
Please specify other landscape features (i.e. retaining walls, fences, swimming pools, etc.)
·-------------------~--
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 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: N/A Lot Block Subdivision: __ __,.
Primary Contact I Owner Representative: ------------Phone: ____________ _
Plans Dated: --------
Primary Contact/Owner Representative Signature
Authorized Signature Comments Date
CENTURY TEL
970.468.6860(tel)
970.468.0672(fax)
Contacts: Samuel Tooley
samuel. toole~@gwest.com
XCEL HIGH PRESSURE GAS
970.262.4076 (tel)
970.468.1401 (fax)
Contact: Rich Sisneros
richa rd .sisneros@xcelenerg~.com
HOLY CROSS ENERGY
970.947.5471 (tel)
970.945.4081 (fax)
Contact: Jeff Vroom
jvroom@holycross.com
XCEL Energy
970.262.4038 (fax)
970.262.4024 (tel)
Contacts: Ronnie Bureta
ronnie. j. bureta @xcelenerg~.com
EAGLE RIVER WATER & SANITA-
TION DISTRICT
970.477.5435 (tel)
970.477.5434 (fax)
Contact: Tug Birk
tbirk@erwsd.org
COMCAST CABLE
970.619.0752 (tel)
970.468-26n (fax)
Contact: Tony Hildreth
tony_ hildreth@cable.comcast.com
COOT (Only in CDOT Right-of-way)
970.683.6284 (tel)
Contact: Dan Roussin
Daniel .roussin@dot.state.co.us
NOTES:
1. Utility locations must be obtained before digging.
2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the
Public Works Department for verification 970.479.2198.
3. It is the responsibility of the utility company and the applicant to resolve problems identified above.
4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for
re-approval & re-verification if the submitted plans are altered in any way after the authorized signature date.
First American Title Insurance Company
ALTA COMMITMENT
Our Order No. V50033264
Schedule A Cust. Ref.:
Property Address:
1476 WESTHAVEN DRIVE AKA UNIT 20 COLDSTREAM PHASE I VAIL, CO 81657
1. Effective Date: March 23, 2012 at 5:00P.M.
2. Policy to be Issued, and Proposed Insured:
"TBD" Commitment $0.00
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:
LANDON WYATT
5. The Land referred to in this Commitment is described as follows:
CONDOMINIUM UNIT 20, COLDSTREAM CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP
THEREOF, RECORDED JANUARY 2, 1980 IN BOOK 296 AT PAGE 725, AND AS DEFINED IN
THE CONDOMINIUM DECLARATION, RECORDED JANUARY 2, 1980 IN BOOK 296 AT PAGE 724,
COUNTY OF EAGLE, STATE OF COLORADO.
ALTA COMMITMENT
Schedule B -Section 1
(Requirements) Our Order No. V50033264
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:
1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND
PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED.
2. WARRANTY DEED FROM LANDON WYATT TO A BUYER TO BE DETERMINED CONVEYING
SUBJECT PROPERTY.
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. V50033264
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 AUGUST 16, 1909, IN BOOK 48
AT PAGE 542.
9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16,
1909, IN BOOK 48 AT PAGE 542.
10. RESERVATION AS TO THE NW 114 SE 114 OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE
81 WEST OF THE RIGHT OF THE UNITED STATES, ITS PERMITTEE OR LICENCEE, TO
ENTER UPON, OCCUPY AND USE ANY PART OF ALL OF SAID LAND FOR THE PURPOSES
PROVIDED IN THE ACT OF JUNE 10, 1920 (41 STAT. 1063), AS RESERVED IN THE
PATENT RECORDED OCTOBER 2, 1946 IN BOOK 132 AT PAGE 405.
11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
ALTA COMMITMENT
Schedule B -Section 2
(Exceptions) Our Order No. V50033264
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:
SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED
IN INSTRUMENT RECORDED APRIL 04, 1978, IN BOOK 268 AT PAGE 698, AND AS
AMENDED IN INSTRUMENT RECORDED MAY 02, 1990 IN BOOK 528 AT PAGE 154.
1.2. UTILITY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN
INSTRUMENT RECORDED OCTOBER 16, 1979, IN BOOK 292 AT PAGE 792.
13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE MAP OF COLDSTREAM CONDOMINIUMS RECORDED JANUARY 2, 1980 IN BOOK 296 AT
PAGE 725 AND ON THE MAP OF COLDSTREAM CONDOMINIUMS PHASE II RECORDED
MARCH 3, 1980 IN BOOK 299 AT PAGE 544.
14. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS,
WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR,
RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED
IN INSTRUMENT RECORDED JANUARY 20, 1980, IN BOOK 296 AT PAGE 724 AND AS
AMENDED IN INSTRUMENT RECORDED MARCH 03, 1980, IN BOOK 299 AT PAGE 543.
LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY-GRAND JUNCTION
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district.
B) A Certificate of Taxes Due 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 margm of the document.
Note: Colorado Division oflnsurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every
title entity shall be responsible for all mat1ers which appear of record prior to the time of recording
whenever the title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction wliich was closed". Provided that .Cand 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 protection for the Owner may be available (ty~ically by deletion
of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owners 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 montlls.
C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed
mechanic sand material-men's hens.
D) The Company must receive payment of the appropriate premium.
E) If there has been construction, improvements or major 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 mformation
as to the seller, the builder and or the contractor; payment of the appropriate premium fully
executed Indemnity Agreements satisfactory to the coml?any, 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
exception, or exceptions, in Schedule B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party
holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and
B) That such mineral estate may incfude the right to enter and use the property witllout tlie
surface owner's permission.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly 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 tlle 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 thedolicyholder or claimant with regard to a settlemwnt or award payable from insurance
proceeds shall be reporte to tlie Colorado division of insurance within the department of regulatory agencies.
Nothing herein contained will be deemed to obligate the COfilpany to provide any of the coverages
referreil to herein unless the above conditions are fully satistfed.
DISCLOSURE 02/2011
First American Title Insurance Company
PRIVACY POLICY
We are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will utilize
the personal information you provide to us. Therefore, together with our parent company, the First American
Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner
in which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair
Information Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information
that we may collect include:
* Information we receive from you on applications, forms and in other communications to us,
whether in writing, in person, by telephone or any other means;
* Information about your transactions with us, our affiliated companies, or others; and
* Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We
may, however, store such information indefinitely, including the period after which any customer relationship
has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies.
Furthermore, we may also provide all the information we collect, as described above, to companies that
perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions
with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We
restrict access to nonpublic personal information about you to those individuals and entities who need to know
that information to provide products or services to you. We will use our best efforts to train and oversee our
employees and agents to ensure that your information will be handled respnsibly and in accordance with this
Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and
procedural safeguards that comply with referral regulations to guard your nonpublic personal information.
WEBSITE
Information on the calculation of premiums and other title related charges are listed at First American's
website: www .firs tam. 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.POL.LTG.l
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 refe1red 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 A VENUE
SUITE 600
PO BOX 5440 (80217)
DENVER, CO 80217
FIRST AMERICAN TITlE INSURANCE COMPANY
Dennis J. Gilmore
President
~A;
Timothy Kemp
Secretary
AMERICAN
LAND TITLE
ASSOCIATION