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HomeMy WebLinkAboutLIONS RIDGE FILING 3 BLOCK 2 LOT 20A-B GRAND TRAVERSE DAUPHINAIS-MOSELEY LEGAL' Revised s/2/92 a APPLICATION FOR DUPLEX SUBDIVTSTON REVIEW (Chapter I7.24 Vail Municipal Code) (PLEASE PRINT OR TYPE) A.aPPLfCANf D""phi".l"-t'{"".1 V MAILING ADDRESS Box 1515, Vai1, Colorado 81658 pgONtr 476-8055 APPLICANT' S REPRESENTATIVB Jay K. Peterson ADDRESS SuiEe 307, 108 S. Frontage Rd., West PHONE 47 6-0092 C. PROPERTY OWNER uohinais-Moselv ConsEruction. Inc. OWNER'S SIGNATURE PUONB 476-8055 MAILING ADDRBSS VaiI co 81658 LOCATION OF PROPOSAL: STREET ADDRESS 1824 Glacier Court LOT-_20 _BLOCK__2_SUBDMSION Lion's Ridge FILING No, 3 APPLICATION FEE $1OO.OO MATERIALS TO BE SUBMITTED: a. PArD_2(_ cHDcK # ,(,f [" D DEPT D. h Two mylar copies and one paper copy of the subdivision plat shall be submitted Lo the Department of Community Development. The plat. shalI include the folLowj-ng: The final plat shall be drawn by a registered surveyor in India ink, or other substant.ial solution, on a reproducible medium (preferably mylar) with dimension of twenty-four by thj.rty-six inches and shal1 be at a scale of one hundred feet to one inch or larger wit.h margins of one and one-haLf to two inches on the ]efL and one-half inch on al-l other sides. Accurate dimensions to the nearest one-hundredth of a foot for aII lines, angles and curves used t.o descrj.be boundaries, streets, setbacks, alleys,easements, structures, areas to be reserved or dedicated for public or common uses and ot.her important. features. A11 curves shall_ be circular arcs and shall be defined by the radius, central ang1e, are scored distances and bearing. AI1 dimensions, bot.h l-inear and angular, aie to be determined by an accurate cont.rol_ survey in the field which rnust balance and cLose withln a ]imit of one in ten thousand. North arrow and graphic scale. A systematic identification of all existing and proposed buildings, unit.s, lots, blocks, and names for all streets. An identification of the street.s, all_eys, parks,and other public areas or facilities as shown on the plat, and a dedication theleof to the public use. An identif icat.ion of the easements as shor^rn on t.he plat and a grant thereof to the public use.Areas reserved for future public acquisition shall also be shown on the plat. ^ A writ.ten survey descript.ion of $" area includins the 1-otaI acreage to the nearest. appropriate significant. figure. The acreage of eattr lot or parceJ- shall be shown in this manner as weII. d. -l- ll ' "/ -,, . ,iI ')''t _' u\/ n,l PARTYWALL AGREEMENT AND DECI,ARATION OF COVENANTS, CONDITIONS AND RESERVATIONS roR IOT 20, BIOCK 2, LION',S RIDGE SUBDIVTSION,', FILING NO. 3 TOWN OF VAIL EAGLE COUNTY, COLORADO RECITALS Dauphina is-Mosel" ey Construction, Inc., a Colorado Corporation, (hereinatter referred Lo as rrDeclarantrr) is the owner of the real property sltuate in the County of Eagle, State o.f Coforado, described as iot-20, Block 2, Lionrs Ridge Subdivision, Filing No. 3, Town of.VaiI, Eagle County, Col-orado, subiect to the restrictions set forth in the attached Exhibit "A" ("Subject Propertytr). Declarant has constructed on the subject Property a building consj-sting of two units, each designed and intended for use and occupancy as a residentj,al dwelling unit, which are sometimes referred to herein separately as "Unj-t" or collectively as rtunitsrr ' DECLARATION Decl-arant does hereby publ-ish and decl-are that the following terms, covenants, conditions, easernents, restrictions, use, reservatiOns, Iirnitations and obligati-ons shaLl be deemed to run with the land described herein, sha11 be a burden and a benefit to Declarant, his personal representat ives, heirs, successors and assigns and any person acquiring or owning an interest in the real property which is described heiein lna improvernents built thereon, his grantees, personal representat ives , heirs, successors and assigns. 1. DEFINITIONS. Unless the conLexL shaII expressly provide otherwise, the following terms shall have the following meanings: A. r'The Propertiesrr neans all 0f the real estate legally described as Lot 20, Block 2, Lion's Ridge Subdivision, Filinq No. 3, Town of Vail, Eagle countyf Colorado. B. rrlotrr, rrBuilding sitett, or rrParcelrr means Lot 20-A or Lot 20-B as shown on the Map. D()c P-e8gaqY7 /63dfl 9"r 3 iSYf n96969 Sara J B-7OU F l Sner PG 1 Qr,' 15 & Reco rde r ?8?oo c. rrDuplexrr or ttBuil-dingrt means the two contJ,guous dwelling units constructed upon the Parcel-s or Lots. n fiUnitrr means any one of the two dwellings comprising the rrDuplexrr. E. trownerrt means a person, persons, f j,rm, corporation, partnership or association, or other legal entity, or any combination thereof, owing an interest in the Lots. F. ttMaptr means the engineering survey of the Properties by Duane D. Fehringer, Colorado P.L.S. 26626, entitled Final Plat, Lion's Ridge Subdivision Filing No. 3, a Resubdivision of Lot 20, Block 2, Lion's Ridge Subdivision, Filing No. 3, Town of Vai1, Eagle county, Colorado depicting and locati-ng specificity thereon the Lots, recorded on , 1996 in Book at Page and is herebv subrnitted to this Declaration. G. rrAssessmentrr means any periodic or one time charge to cover the cost of any expense or charge that becones due and owi-ng by virtue of this Declaration. 2. DESCRIPTION AND RESERVATION. Every Contract of Sa1e, Deed, Lease, Mortgage, Trust Deed, will or other instrument sha11 1egal1y describe a Unj-t or real property interest as follows: Lot 20-A or Lot 2o-B (as the case may be), according to the Final- Pl-at, Lion's Ridge Subdivision Filing No. 3, a Resubdivision of Lot 20, Block 2, Lions's Ridge Subdivision, Filing No. 3, Town of Vai1, Eagle County, Col-orado recorded on in Book at Page , County of Eagle, State of Col-orado. Every such description sha11 be good and sufficient for aII purposes to sell-, convey, transfer, encunber or otherwise affect the Lots and aIl appurtenant rights, benefits, and burdens thereto as created by the provisions of this Declaration, and each such description shaLL be so construed. This provision shall apply to the properties as said term (the Properties) is defined in this Declaration. 3. PROPERTY DIVISION. A. Decl-arant hereby establishes this plan for the subdivision of the Properties into Two (2) Lots for Ownership in fee simple by the individual and separate Owners of Lot 20-A and Lot 20-B. B. Lot 20-A and Lot 20-B sha1l be subject to the easements noted on the map and those set forth herein. C. In the event Lot 20-A and Lot 20-B are owned bv the same entities, the doctrine of merger shall- not apply. 2 t\ 596969 ts-7ri0 P-98(l o7 /29 /96 17:.29A PG 2 or,' 15 D. The parties, if more than one, having the Ownership of a Lot shall agree among themsel-ves how to share the rights and obligations of such Owiership; provided, however, that if a corporation, partnership, association oi olher Iegal entity shall become an Owner or the parties, if rnore than one, have the concurrent Ownership of a Lot, then such entity or concurrent Owners shall from tirne to tine designate one individual who shall represent such entity or concurrent Owners in a1l- matters concerninq all rights and obligations pursuant to this Declaration. E. Any such entity or concurrent owners shall give wr.itten notice to the other Owner designating the individual to act on its or their behalf and such notice shal-l- be effective until revoked in writing by such entity or Owners. Any act or omission by such designaLed individual snatt be binding on the entity or Owners having designated him in favor of the other Owner or any other person who may rely thereon. F. Each Lot shall be considered a separate parcel of real property and shall be separately addressed and taxed. 4. ENCROACHMENTS. If any portion of Lot 20-A or Lot 20-B now encroaches upon the other Lot as a resuLL of the construction of any building, or if any such encroachment shall occur hereafter as a result of setLling or shifting of any buildj-ng, a valid easement for the encroachnent and for the maintenance of the same so long as the building stands, shal] exist. In the event any building shall be partially or totally destroyed as a result of fire or other casualty or as a resuft of condernnation or erninent domain proceedings and then rebuilt, encroachments of parts of the building on the other Lot, due to such rebuilding, shall be permitted, so long as such encroachments are of no greater extent than those previously existing, and valid easements for such encroachments and the maintenance thereof shall exist so long as the building shall stand. 5. PARTY WALL. A. The common wall placed equally divided on the conmon boundary separatj-ng Lot 2o-A ancl Lot 2o-8, the footings undertyj-ng and the poition of roof over such wall are collectively referred to herei"n as the rrParty WaJ-1rt. B. To the extent not inconsistent with this Declaration, the general rules of law regarding party walls and tiability for damaqe due to negligence, wiflful acts or omissions shaIl appty to the ParLy Wall. C. The Owners of either Lot shall have a perpetuaf easement in and to that part of the other Lot on which the Party WaII is located, for party waII purposes, including mutual support, maintenance, repair and inspection. In the event of clamage to or the destructi-on of tho Party 3 OI /29 /s6 l1 : 29A PG 3 O ,i.J 596s69 ts-?00 P-980 ol.' 15 Wall f rorn any cause, then the Owners shall at joint expense in shares set forth in paragraph B below, repair or rebuild said party wal1/ and each Owner, shall have the right to the full use of said party wall- so repaired and rebuilt. Notwithstanding anything contained above to the co;trary, if the negligence, wil]ful act or omission of any owner, his family,-agent or in+itee, shall cause damage to or destrucLion of' the party walI, such owner shaII bear the entire cost of repair or reconstruction (to the extent that such damage is not covered by insurance) , and an Owner who by his negligent or willful act causes the Party WaII to be exposed to the elenents shall bear the full cost of furnishing the necessary protection against such elements. 6. I,ANDSCAPING, SERVICE FACILITIES AND PARKTNG. A. Each Owner sha1l fron tirne to time, at his sole cost and expense, irrigate, maintain, preserve and replace, as needed, the trees, shrubs and grass located within the boundaries of his Lot commensurate with the standards set by the originaL developer's landscaping of the Lots and each Owner shall from time to time, at his sole cost and expense, undertake such landscaping and general outdoor improvements on his Lot as the Owners may jointly deem necessary and proper for the harmonious improvement of the Lots in a cornmon theme. The Owner of one Lot shalL not unreasonably damage the value of the other Lot by shoddy upkeep of the Lot, but both Owners shall make all- reasonable efforts to preserve a harmonious common appearance of the Lots. B. Common utility or service connections or lines, common facilities or other equiprnent and property located in or on either of the Lots but used in cbmmon with the other Lot, if any, shall be owned as tenants in common of equa1 undivided one-half interests by the owners of each Lot and, except for any expense or liability caused through the negligence or willful act of any Owner, his farnily, agent or invitee, which shall- be borne sole1y by such Owner, all expenses and liabi-lities concerned with such property shall be shared in the proportions set forth in paragraph 8 below. The Owner of the Lot on which such property is not located snaft have a perpetual easement in and to that part of such other Lot containing such property as is reasonably necessary for purposes of naintenance, repair, and inspection. C. Common Access to Lot 20-A and Lot 2O-B shall be provided across a portion of Lot 2O-B marked on the Map as n20t Driveway Access Easementtr. There is hereby created an easement and right-of-way for the each Owner of Lot 2O-A, over across and through the rr20' Driveway Access Easementrt for the purposes of ingress and egress to his Lot. The Owners shal-l- have equal right to the use of such rt2O' Driveway Access Easementrr and no Owner shal-l- hinder or permit hls invitees to hinder reasonable access to the other Owner's Lot or park or permit his invitees to park any Vehicle on the tr2O' Driveway Access Easenenttr in a manner which will prevent access to the other Lot. It is presumed that snowplowing and other necessary maintenance of the tt2o' DriVeway Access Easementrr and A 0'l /29/96 11 :zeA P(i 4 ,^ .) 596969 B-7UU P-98U or,' 15 aII other paved driveway areas (exclusive of sidewal-k areas, which shaIl be naintained pursuant to paragraph 7.A below), wiII be required frorn tine to time. Such snowplbwing, maintenance, repair, repl-acement and j-mprovement of the tt20' briveway Access Easementrr and driveway areas shall be shared as set forth in paragraph B be1ow. 7. ALTERATION, MAINTENANCE AND REPAIRS. A. Each Owner shall, at his sole cost and expense, provide exterior maintenance and exterior repair upon his Unit and the other irnprovements located on his Lot as wel-1 as the unimproved portions' of tne f,ot upon which his Unit is located, including, but not lirnited to' the exterior walls and the roof of the Unit. Such maintenance and repair shall be commensurate with the standards set by the original deireloper and each Owner shatl undertake all maintenance and repair lincluding periodic painting and staining) necessary and proper for the harmonj-oui appearanCe of the Lots and Units in a common theme. The Owner of one Lot shal1 not unreasonably damage the value of the other Lot by improper maintenance and repair of his unit and Lot, but both owneri snift rnake all reasonable efforts to preserve a harmonious cornmon appearance of the Units and Lots. B. Each Owner shall be solely responsible for rnaintenance and repair of the j-nside of hj-s Unit including fixtures and improvements and ali utilj-ty lines and equipment located therein and serving such unit only. In perforrning such rnaintenance and repair, or in irnprovinq or altlring his unit, no Owner sha1l do any act or work which inrpai-rs the structuial- sounclness of either unit or the Party WaII or which interferes with any easement granted or reserved herein. C, Utility or service connections or 1ines, facilities or other utility equipment and property located in, on or upon either of the Lots, wni"f't ire used solefy to supply a service or utility to one unit shall be owned by the Owner of the unit using such utility or service and aII expenses and l-iabilities for repair and maintenance shall be borne solely by the Owner of such unit, who shall have a perpetual easenent in and to that part of such other Lot or Unit containing such property as is reasonably necessary for purposes of naintenance, repair and inspection. D. No Owner shall- make or suffer any structural or design change ( including a color scheme change) , either permanent or temporary and of any type or nature whatsoever to the exterior of his Unit or construct any additional building structure of any type or nature whatsoever upon any part of his Lot without first obtaining the prior written consent thereto from the other Owner, such consent shall not be unreasonably withheld. fn case of danage or destruction of any Unit or any part thereof by any cause whatsoever. the Owner of such Unit shall cause with due diriqence the unit to be repaired and restored, applying the proceeds bf Lnsurance, i"f any, for that purpose. Such Unit shal] be 5 07/29/96 1l:Z9A PG 5 { 596969 B-700 P-rt80 01,' 15 restored to a condition comparable to that prior to the damage and in a harrnonious manner to promote the common theme of both Lots. 8. ALLOCATION OF EXPENSES. Costs and expenses of all activities whose cost j,s anticipated to be shared by both Owners, except as caused by negligence of willful act of an Owner, shall be allocated in the following proportions : Lot 20-A Lot 20-B 502 502 9. MECHANIC,S LIENS: INDEMNIFICATION: A. Except for items j-ncurred as a common expense as provided for herei-n, if any Owner sha11 cause any material- to be furnished to his Lot or Unit thereon or any labor to be performed therein or thereon, the other Owner sha]L not under any circumstances be liable for the paynent of any expense incurred or for the value of the work done or naterial, furnisneAl aLL such work sha11 be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, l-aborers, materialmen and other persons furnishing labor or materials to his Lot or any improvements therein or thereon; nothing herein contained sha11 authorize either Owner or any person dealing through, with or under either Owner to charge the Unit of the other Owner with any mechani.c's Iien or other fien or encumbrance whatever; and, on the contrary (and notice is hereby given) the right and power to charge any lien or encumbrance of any klnd against one Owner or against one Owner' s Lot for work done or materials furnished to the other Owner's Lot is hereby expressly denied. B. Except as provided for below, if, because of any act or omission of any Owner, any nechanic's or other lien or order for the payment of money sha11 be filed against the other Owner's Lot or any improvements therein or thereon or against any other Owner (whether or not such lien or order is valid or enforceabl-e as such), the Owner whose act or omission forms the basis for such Lien or order shaLl at his own cost and expense cause the same to be cancelled and discharged of record or bonded by a surety company reasonably acceptable to such other Owner, within 3O days after the date of fj-Iinq thereof, and further shall- indernnify and save the other Owner harmless from and against any and all costs, expenses, claims, losses or damages, including reasonable attorney's fees resulting therefrom. 10. INSURANCE. A. Each Owner shall keep his unit and all fixtures therein insured against loss or damage by fire and extended coverage perils ( including vandalism and malicious mischief) for the maximum replacement F.{ rl o 07 /2!J/!J6 11:29A PG 6 5e6969 ts-7u0 P-1180 0!' 15 value thereof. Any Owner may on 30 days' written notice, but not more frequently than once every three years, obtain a written est j-rnate of the replacement cost of the Units by a licensed contractor, and the cost of such estimate shal1 be split between the Owners on a 5O/5O basis. Such contractor shall be a disinterested and independent third party who is unrelated in any Inanner to either Owner whether through joint business adventures or otherwise. B. Each owner shall provide and keep in force, for the protection of himself, general public liability and property damage insurance against clains for bodily injury or death or property damage occurring in, on or upon, his Lot owned in fee simple and the improvements thereon, in a limit of not less than $5OO,OOO.oo in respect of bodily injury or death to any number of persons arising out of one accident or disaster, or for damage to property, and if higher linits shall at any tirne be customary to protect against possible tort Iiability, such higher l-inits shall be carried. C. Each Owner shall- detiver to the other Owner certi-ficates evidencing alt insurance required to be carried under this paragraph' each containing agreements by the insurers not to cancel or rnodify the policies without giving the other Owner written notice of at least 30 days. Each Owner shalf have the right to inspect and copy all such insurance policies of the other Owner and require evidence of the payment of premiums thereon. D. Nothing provided in this paragraph sha11 prevent the owners f rorn jointly acquiring a single policy Lo cover any one or more of the hazards requj-red in this paragraph to be separately insured aqainst by each owner. E. A11 insurance policies obtained by either owner shall- expressly waive aII rights of subrogation as against all other Owners and their respective families and invitees. 11. DESTRUCTION OF TMPROVEMENTS ON LOT. A. In the event of damage or destruction to a unit by fire or other disaster, the insurance proceeds if sufficient to reconstruct the Unit sha11 be deposited inLo a bank account which requires, for withdrawals, the signatures of both the Owners, or dj-sbursed directly by the insurance carrier. The Owners shall then promptly authorize the necessary repair ancl reconstruction work and the insurance proceeds wiLL be applied by the owners to defray the cost thereof' "Repair and Reconstructionrrof Units, as used in paragraph 11.A and 11.B herein, means restoring the irnprovements to substantially the same condition in which they existed prior to the damage with each unit having the same boundaries as before. CQ q 7 07/29/96 IttZgA pG I ()r,. 15 59696e B-700 P_980 B. If the insurance proceeds are insufficient to repair or reconstruct any damage to a Lot or the improvements constructed thereon, such danage or destruction shall be promptly repaired and reconstructed by the Owner using the insurance proceeds and the proceeds of an a-ssessment against the owner(s) of the damaged Parcel(s). Such assessment shalI be equal to the amount by which the cost of reconstruction or repair exceeds the sum of the insurance proceeds allocable to such Parcel. Such Assessment shalt be due and payable forty-five (45) days after the determination of the difference between the cost of reconstruction and repair and insurance proceeds and aII such funds shall be deposj-ted and disbursed pursuant to paragraph 11.A. c. If the owners of Lot 2o-A and Lot 20-B and the holders of first rnortgages or beneficiaries of first deeds of trust on Lot 20-A and Lot 2O-B unanimously agree not to repair or reconstruct damage or destruction to Lot 2O-A or Lot 20-B the Property shall be sold and the proceeds shall be divided as agreed to at the time of the agreement not to rebuild by the Owners of Lot 2O-A and Lot 20-B and the hol-ders of first nortgages and beneficiaries of first deeds of trust on Lot 20-A and Lot 2O-B (the rrEach Owner's Share of Proceedsrt ) . Each Owner's Share of Proceeds shal1 be disbursed as follows: 1. for payrnent of taxes and special assessment liens in favor of any assessing entity and customary expenses of sale; 2. for payment of the balance of the lien of any first rnortgage or deed of trust; 3. for paynent of any sums due under this Declaration; 4. for payment of junior l"iens and encumbrances in the order of and to the extent of their priority; and 5, the balance renaining, respective owners. if dny, shall be Paid to the T2. RIGHT TO LIEN. A. If an Owner, at any time, shall neglect or refuse Lo perform or pay his share of any obligation required hereunder, the other Owner may, fut shall not be ontigated to, after 30 days written notice unless the circumstances require irnrnediate action, make such payment or, on behalf of such other Owner, expend such sum as may be necessary to perform such obligation including, but not timited to, the payment of iny insurance premiurns required hereunder or the undertaking of any work required hereunder for repair, restoration or maintenance, and such other Owner shall have an easement in and to that part of such defaulting Owner,s Lot as is reasonably necessary for such repair, restoration or maintenance. 8 UIl29is6 11:Z9A PG I 5s6e69 B-700 P-98u or, 15 B. A11 sums so paid or expended by an owner, with interest thereon at the rate of 18 percent per year frorn the date of such payment or expenditure, sha1l be payable by the Owner so failing to perform (the ttDefaulting ownerrr) upon demand of the other owner. c. AII sums so demanded but unpaid by the defaulting owner shall constitute a lien on the Lot of the DefauJ.ting Owner in favor of the other owner prior to al-l- other fiens and encumbrances, except: (i) liens for taxLs and special assessments; and, (ii) the lien of any first mortgage or first aeea of trust of record encumbering such lot. The lien shal1 attach from the date when the unpaid sum sha1l become due and nay be foreclosed in Like manner as a nortgage on real- property upon the relording of a notice or clain thereof executed by the Nondefaulting Owner selting forth the arnount of the unpaid indebtedness, the name of the oefaulting owner, and a description of the unit. In any such foreclosure the DefauLting Owner shall be required to pay the costs and expenses of such proceedings, including reasonable attorney's fees. D. The lien provided for herein shall be subordinate to the lien of any first rnortgage or deed of trust, inctuding aII addi.tional advances thereon. SaIe or transfer of either Lot as the resulL of court foreclosure of a mortgage, foreclosure through the public t.rustee, or any proceeding in lieu of foreclosure, shall extinguish the Iien of such aslelsments as to paynents thereof which become due prior to such sale or transfer, but shalI not rel j-eve any forner Owner of personal liabiJ-ity therefor. The mortgagee of such Lot who acquires title by way of foreclosure or the taking of a deed in lj.eu thereof, shall not however, be liable for any past due assessment and shall only becorne liable for future assessments on the date it becomes the Owner or is entitled to become the Owner of such Lot- No sale or transfer sha1l relieve such Lot from liability for any assessments thereafter becoming due or from the fien thereof. In the event of the sa]e or transfer of a Lot with respect to which sums shall be unpaid by a Defaulting Owner, except transfers to a first rnortgagee in connection with a foreclosure of iis lien or a deed in lieu thereof, the purchaser or other transferee of an interest in such Lot shall be jointly and severally liable with the seller or transferor thereof for any such unpaid sums. E. Upon written request of any owner, mortgagee, prospective mortgagee, purchaser or other prospective transferee of a Lot, the Owner of the other Lot shall j-ssue a written staternent setting forth the anount he is owed under this paragraph, if any, with respect to such Unit. Such statement is binding upon the executing Owner in favor of any person htho may rely thereon in good faith. Unless a request for such statement shail be complied withr within fifteen days after receipt thereof, aII unpaid surns wnicn became due prior to the date of making such request shalL be subordinated to the Lien or other interest of the person requesting such statenent. 9 l)7 129 ls6 11:Z9A PG I 59696s ts-700 P-ll8u oF 15 13 . USE RESTRICTIONS. A. Each unit shall be restricted to a residential dwe]ling as a permitted use, and conditional- and accessory uses as defined by the Town of VaiI Zoninq Ordinances. B. No exLerior mounted radio, shortwave, televisj-on or other type of antenna whatsoever or tank of any kind, either elevated or buried, or clothesline or incinerator of any kind whatsoever or outside storage of any personal property shall be permitted or maintained on either Lot without the prior written approval of both owners. C. No animals shall be kept or maintained in, on or upon. either unit, except that each ov/ner may keep and maintain within his unit domesticat6d anirnals; provided, however, that such dornesticated animals are kept under controf at all times, do not present a nulsance to the other 6wn"., and are kept controlled in strict complj-ance with aLl- Town of Vail, ordinances that rnay apply to such anj-mals. D. Parking on either Lot of boats, trailers, campers, motor homes, ATVs or recreational vehicles is expressly prohibited, unless located within an owner's garage. E. No rrtime sharingrr, t,interval Ownership" or sirni-lar j-nterest, whereby Ownership of a Unit is shared by Owners on a time basis, shall be estinlished on either Lot without the prior written approval of both Owners and all lienors holdinq a first mortgaqe or first deed of trust of record on any portion of Lot 2O-A or Lot 2O-8, which approval shall be refl-ected in a docurnent of record' F. The Owners understand and agree that potential deveJ,opment rights may exist under present or future Town of VaiI regulations that rnay permit expansion of the Units, which deveJ.opment ri-ghts have not beln-utilized to date. The Owners of Lot 2O-A and Lot 20-B shall be deemed to have exclusive Ownership of any rights as currently are being utilj-zed by their respective Lots. No exercise of any developrnent rights not utilized to d.ate shalL be made by one Owner without first obtaining the written consent of the other Owner, which consent sha11 not be unreasonably withheld. The other Owner/ before giving written consent, shall be entitled to review the development plans and any blueprints or surveys prepared in connection with the development plans. The Owner of Lot 2O-A shall have the exclusive right to the use of 402 of the Development Rights whicir have not been utiLized to date and 40? of aII future Development Rights aL]owed by the Town of VaiI except as set forth below, The Owner of Lot 2O-B shal-l- have the exclusive right to the use of 60% of the Developnent Rights which have not been util-ized to date and 6O? of atl future Development Rights alfowed by the Town of Vail except as set forth below. Under current Town of Vail reguLations there rnay exist certain development rights because a structure is more tfran five 1S; years oJ-d. Any rights obtained under such regulation or 10 u1/29/96 11:zeA PG lu 596969 ts-?00 P-e80 or,' 15 any future "Iike-typerr of regulation shal1 belong solely to the Owner of th;t Unit. If either Owner exceeds his deveLopment rights, without the consent of the other Owner, and because of this the other Owner is not al-lowed to utilize his full developnent rights, the excess developrnent shall be removed by the Owner thereof immediately upon the dernand of the other Owner. L4. NOTICE. Each Ov/ner shall register j-ts maiting address with the other Owner and al-l- notices or demands intended to be served upon Owners shall be sent by certified mail, postage prepaid, addressed in the name of the Owner at such registered nailing address. In the alternative, notices may be delivered if in writing, personally to Owners. 15. DURATfON OF DECLARATION. Each provision contaj.ned in this Declaration which is subject to the laws or rules sometimes referred to as the rule against perpetuities or the rule prohibiting unreasonable restraints on alienation shall continue and remain in full force and effect for the period of 21 years following the death of Patrick G. Dauphinais and Suzanne E. Oauphinais and their living issue, or until this peclaration ls terminated as hereinafter provided, whichever first occurs. A11 other provisions contained in this Declaration shall continue and remain in full- force and effect untj-l January I, 2026 A.D., and thereafter for successive periods of 10 years each,' unless at least l year prior to January 1, 20,6 A.D., or at least I year prior to.the expiration of any suCh 1O year period of extended duration, this Detlaration is ter-rnj-nated by recorded instrument, directing termination, signed by a1I Owners and al"l lienors holding a first mortgage or first deed of trust of record on any portion of Lot 20-A or Lot 20-B' 16. AMENDMENT OR REVOCATION. This Decfaration may be amended or revoked only upon unanimous written approval in recordable form of all Owners and ltl lienors holding a first mortgage or first deed of trust of record on any portion of Lot 20-A or Lot 20-B. 17. EFFECT OF PROVISIONS OF DECLARATION. Each provision of this Declaration and Agreement, promise, covenant and undertakinq to cornpJ-y with each provision of this Declaration, and any necessary exception or reservation or grant of title, estate, right or interest to effectuate any provision of this Declaration: (i) shall be deemed incorporated in eath deed or other instrument by which any right, title or interest in any portion of Lot 20-A or Lot 2O-B is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument; (ii) shall, by virtue of acceptance of any right, titJ-e or interest in any portion of Lot 2O-A or Lot 20-B by an Owner, be deemed accepted, ratified, adopted and declared as a personal covenant of such Owner and, as a personal covenantf shall be binding on such Owner and his heirs, personal representatives, successors and assigns; and shalI be deemed a personal covenant to, with and for the benefit of each Owner of any portibn of Lot 2O-A or Lot 20-B; and (iii) shall be deerned a real 11 ts-700 P-e8u o7 /2e/96 11 : 29e PG 11 'J 5r96969 or,' 15 covenant by Declarant, for itself, its successors and assigns, and also an equitable servitude, running, in each case, as a burden with and upon the title to each and every portion of Lot 20-A and Lot 20-8. 18. ENFORCEMENT AND REMEDIES. A. Each provision of this Declaration shall be enforceable by any Owner by a proceeding for a prohibitive or mandatory injunction or by a suit or action to reiover damages. ff court proceedings are j.nstituted in connection with the rights of enforcement and remedies provided in this Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith, including reasonabfe attorney fees. B. Each Owner hereby agrees that any and aII actions in equity or at Law which are instituted to enforce any provision hereunder shaLl- be brought in and only in the District Court of Eagle County, State of CoIorado. C. Failure to enforce any provisj-on of this Declaration shal-1 not operate as a waiver of any such provisi-on, the right to enforce such piovisi"on thereafter, or of any other provision of this Declaration. 19. EXERCISE OF RIGHTS. Any exercise of any right granted hereunder Uy o.r" otnei *ith respect to the other owner's Unit including but not linited to the use of any easement granted herein shall be exercised in a manner which shall not unreasonably hinder, impede or impose upon such other owner's use of his Unlt. 20. SUCCESSORS AND ASSIGNS. Except as otherwise provided herein, this Declaiation shall be binding upon and shal-l- inure to the benefit of each OWner and the heirs, personal representat ives, successors and assigns of each. 20. SEVERABILITY. Invalidity or unenforceability of any provisions of this DecLaration in whole or in part sha11 not effect the vafidity or enforceable part of a provision of this Declaration. 22. CAPTIONS. The captions and headings in this instrurnent are for convenience only and shall not be considered in construing any provisions of this Declarat j.on. 23. CONSTRUCTION. When necessary for proper construction, the mascul,ine of any word used in this Declaration shal-L include the feminine or neuter gender, and the singular the plural and vice versa. j*l:r*"'IT Decl-arant has executed this Declaration this , r996 T2 11: ZgA PG t\5 596969 ts-?UU P-98U tJ7 /29/96 0F 15 DAUPH INC.,ATTEST: COUNTY OF EAGLE My By: hand and official seal. ion expires on: lA4-18 Patr ck G. Dau r'rl 4 ,, Subscribed and sworn to before ne this LI day ot )V',/ . ,. L996 by Patrick Dauphinais as President and Suzanne E. Dauphinais as Secretary of bauphinais-Moseley Construction, Inc.. a Colorado Corporation. Witness ny O s 13 07/29/96 11:29a PG 13 CONSTRUCTION, orauon e E. Dauph 55. Notary 596969 B-700 P-980 Ot' 15 CONSENT OF HOLDER OF DEED OF TRUST The undersigned holder of a certain deeQ of trust upon the property covered by this Declaration and Partywail 'Agreement, recorded on December 18, 1995 in Book 683 at Page 847 of the records in the Office of the Eagle County, Colorado, Clerk and Recorder, hereby consents to the foreg6inq Oecfiration and Partywall Agreement.and subordinates its interest in tfre property described Lherein to the rights and.obligations created hereby. Uolwithstanding such consent and subordinatiotl, aII the rights of Declarant in and to such property sha1l remain encumbered by such deed of trust. (sEAL) STATE OF COLORADO COUNTY OF EAGLE Tle toregoing instrument v of -l$V_, r9s6 by President'of FirstBank of Vai1. FIRST mv hand and of f ici-aL seal. sion expires on tLY118 T t4 01/29/s6 11: Z9A PG 14 ffi:r*x'b ,""i s[oL -. Ki*',iiifi President day Witness 596969 ts-700 P-980 ol' 15 EXTITBIT IIA'I TO PARTYWALL AGREEMENT AND DECI,ARATION OF COVENANTS, CONDITIONS AND RESERVATIONS FOR LOT 20, TOWN BLOCK 2, LION'S RIDGE FILING NO. 3, OF VAIL, EAGLE COUNTY, SUBDIVISION, COLORADO Lien for taxes or assesslnents, not yet due and payable. Right of proprietor of a vein or lode to extract and rernove hi-s ore theref rorn should the same be found to penetrate or intersect the premises as reserved j-n united States patent recorded August 16' 1909, j-n Book 48 at Page 542. Right of way for Ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded August 16, I9O9, in Book 48 at Page 542. Restrictive covenants which do not contain a forfeiture or reverter c]ause, but omitting restrictions, if any, based on race, color, religion, or national origin, as contained in Instrument recorded Septernber 20, Ig72, in Book 225 at Page 443 and as amended in Instrurnent recorded September 29, L972, in Book 225 at Page 565 and as rerecorded in Instrument recorded January 22, I974, in Book 233 at Page 53. Utility Easement as granted to lloly Cross Electric Association, Inc., in Instrunent recorded August 24 , 1967 in Book 211 at Page 103 and recorded June 19 , Ig'73 in Book 229 at page 655 and recorded July 31, 1973 in Book 230 at Page 351. Agreenent between Tayvel Environmental Land Conpany and Mountain Siates Telephone and Telegraph Company providing for Telephone Installation and service throughout Lion's Ridge subdivision, o Filing No. 2, recorded September 27, 1973 in Book 231 at Page 291. F Easements, reservations and restrictions as shown or reserved on O the recorded PIat of Lion's Ridge subdivision, Filing No. 3. Terms, conditions and provisions of Trench, Conduit and Vault Agreement recorded November 16, 1994 in Book 655 at Page 184. 15 8-700 p-e80 01/29/96 1t:ZgA pG lb ot. 1b 59696e rg; oLD REpuEUC NATIoNAL TIT[E INSURANCt CoMPANY, a Minneson corporaion, herein called the company, lor a valuable consrderarion, hereby commns r0 issue i$ policy or polrcies of title msucnce. as rdentilied in Sched{lle A in lavor ol the OroOosed Insurud named in Schedule A, as ownet 0t m0ngagee 0l te estale or inlerest covemd henby in the land dsscribed or relened to in SchedUle A. upon payment ol the ptemiums and charges therefor; all sublect t0 lhe ptovisions of Schedule A and I and to the Conditions and Stipula ons hereof. Ihis Commitment shall be effecrive only when rhe identiry ol the pmposed Insured and the amount of the poltcy or policies committed for have been insened in Schedule A henol by the Company, either at the dme ol the issuance of this [onmhment or bl, subseouent endorsement. This Commirmenr is preliminary ro rhe issuance of such poftcy or polcies ol ule insurance and all lisbilitY and obligalaons hercunder shall cease and terflnate srx months after the ellective date hereof 0r when lhe polcy or polcies committed lor shatl issue. whrchever first occurs, provided that the {ailure to issue such policy or policies is not the fauh 0f fte Compaflf IONDITIt)NS ANI} STIPUITTIONS 1. The rerm "mongage", when used herern, shall include deed of trust, lrusl deed. 0r other secunty inslrument. 2. ll the proposed Insured has or acqurres actual knowledge of any delect, lien, encumbrance, adverse claim 0r 0thsr maner afleclng the es6te or interest or mongage lhemon covered by this Commiment olher lhan those shown in Schedule B hereof' and shall fail to disclose such knowledqe ro rhe Company in wnting. rhe Company shall be relieved fmm liabiliry for any loss or damage resulring from any act of reliance hereon l0 the exnnl the Company ts priudiced by lailure ol rhe proposed Insured m s0 disclose such knowledge. lf rhe proposed Insurud shall disclose such know4edge to the Company. or il ths Company othenarse acquites acual lnowledge of any such delect, lien. encumbrance, adverse claim or olher maltr, rhe Company at ns option may amend Schedule I ol this Commitment accodinglY, but such amendmenr shall ngl relieve rhe Company fiom lrability previously incuned pu$uanl t0 paragraph 3 of these Conditions and Stipulations. 3. Liabilirv of rhe Company under rhis Commirment shall be only to the named proposed Insured and such pantes included under the defini on of Insund in fie form of policy or policies commined lor and only for actual loss incufled in reliance hereon in undenaking in good laith lal to comply wirh the requiremenn hercol 0r lb) ro elrminau ercepions shown in Schsdule B, u lcl t0 acquire 0r cEate lhe eslate 0r interest or mongage lhereon c0vsred by $is Commitmenr. In no evenr shall such liabiliry sxceed the amounr smled in Schedule A for the policy 0r policies commilted lor and such liability is zubjecl to the insunng provisions and rhe Conditions and Sripulations and the fxclusions irom Coverage of the lorm ol p0licy or policies comrnnted lot in favor ol the proposed Insu€d which are bereby inCOrporated by rulennce and made a pan ol thrs Commtlmenl elcepl as sxpr€ssly modilied herein. 4, Any actron 0r aclions 0r dghts 0l aclion that the proposed Insured may have 0r may bring against thE Company ansing out o{ lhe status of rhe thle t0 fie estate or inteest or the sbtus of the mongage thereon covered by this Commrtment must be based on and an subiect to the provrsions of lhis Commilment. STANOARO EXCIPTIONS ln addilton t0 rhe marlefs contained in the Condtions ond Stipulations and fxclustons lrom Covetage above refened rc. this Commilment is also sublect to the lollowing, 1. Rights 0r [laims of panies tn possession not shown by the public lecolds. 2. Easements, or claims o{ easemenls, nol shown by the pubhc recotds. 3. oiscrepancies, conllicrs in boundary hnes, shonage in arua. encroachmenls, and any facts which a c0rnct suney and inspection of the ptemrses would disclose and which arc not shown by the publtc tecods 4. Any hen, or dght t0 a lien, tor services. labor or maleiai theretolore or heteaher lurnished, lmpossd bY law and nol shown by the Dublic records. 5. l]eiects. ltens. encumbrances, adversa claims or olher matlets, i{ any, created. {irct appeaing in the public records Commitmen. lN wlTNtss VvHERt0t, 0h Bepublic Narronal Ti e lnsurcnce company has caused its corporate name and seal to be hereunro affxed by its duly authonied officers on rhe date shown in Schedule A, to be valid when countenigned by a validaing ollicer or olhel sulhorizEd slgnatory' OLD REPUBLIC IIATIOTIAL TITII IilSURAIICT, COilPA'{Y A Stotl [onpanY 400 Second Avenue Soulh. Minneaplhs. Mnnesln 55401 (61213/t.lltl 8y Plesdent AottotiEd Sqnatory OFI trrr 2582 AIest Seuenry o"e"nu"Lrc NATT.NAL rrr,,' ,o.*.*." coMpANy ALTA COMMITMENT SCHEDULE A Our Order # v5252463 For Information OnIY - Charges - ALTA Owner Policy $629.00 Tax Report $20.00 Endorseme"l 1ofulol - - *133:33 ****WITH YOI]R REMITTANCE PLEASE REFER TO OUR ORDER NO. VS252463**** 1. EffecLive Date: January 29, 1996 at 5:00 P.M. 2. Po1icy to be issued, and proposed Insured: rlAtrTA'r Owner' s Policv 10-:-7 -92 F475 ,000 . 00 Proposed Insured: .JEFFREY STITGEN AND HAROLD STITGEN 3. The estaEe or inE.eresc in E,he land described or referred to in E.his Commitment and covered herein is: A Fee Simple 4. Title t.o the estaEe or int.eresE covered herein is at the effective dat.e hereof vested in: DAUPHINAIS-MOSELEY CONSTRUCTION INC., A COLORADO CORPORATION 5. The land referred Eo in this CommitmenE. is described as follows: LOT 2O-A, A RESUBDIVISION OF LOT 20, BLOCK 2 LION'S RIDGE SI'BDIVISION, FILING NO. 3, ACCORDING TO THE PLAT RECORDED XXX IN BOOK XXX AT PAGE XXX, COUNTY OF EAGLE, STATE OF COLORADO, NOTE: SAID LEGAL DESCRIPTION WILL BE AMENDED UPON COMPLIANCE WITH ITEMS SET FORTH IN SCHEDULE B-]- HEREIN. rfl\r tl -L o Oo COMMITMENT SCHEDULE B-1 (Requirements) Our Order # v5252453 The following are Ehe requiremenEs to be complied with: 1. Payment Eo or for the account of Ehe g'ranEors or mortgagors of Ehe fu1l consideration for the estaLe or inLerest to be insured. 2. Proper instrument (s) creati-ng t.he esLaLe or inEeresc to be insured must be executed and dulv filed for record, to-wiL: 3. RESI]BDIVISION PLAT ACCEPTABLE TO THE COMPANY TO BE RECORDED IN EAGLE COUNTY. 4. PARTIAL RELEASE OF DEED OF TRUST DATED December 05, 1995, FROM DAUPHINAIS- MOSELEY CONSTRUCTION INC., A COLORADO CORPORATION TO THE PT]BL]C TRUSTEE OF EAGLE COTINTY FOR THE USE OF FIRSTBANK OF VATL TO SECURE THE SUM OF $650,000.00 RECORDED December L8, 1995, IN BOOK 583 AT PAGE 847. DTSBURSER'S NOTICE IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED December 18, 1995, IN BOOK 583 AT PAGE 848. 5. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDTTIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 5. WARRANTY DEED FROM DAUPHINAIS-MOSELEY CONSTRUCTION INC., A COLORADO CORPORATION TO JEFFREY STITGEN AND HAROLD STITGEN CONVEYING SUBJECT PROPERTY. THE COTINTY CLERK AND RECORDERS OFFTCE REQUIRES RETURN ADDRESSES ON DOCUMENTS SENT FOR RECORDINGI! * * * * *** * *** * * * *** * * * ** * * * NOTE * ** * * * * * * ** *** * * * * * * **** ** * RBCORDING FEES HAVE INCREASED AS OF JULY 1, L995 TO $6.00 FOR THE FIRST PAGE AND S5.OO FOR EACH ADDITIONAL PAGE. RELEASES HAVE INCREASED TO S14. OO FOR THE FIRST PAGE AND $5.00 FOR EACH ADDITIONAL PAGE. PAGE 2 o I o c o M M r r, " t tO SCHEDULE B-2 (ExcePlions) Our Order # v5252463 The policy or policies to be issued will conEain exceptions to the following unfess Lhe same are disposed of Lo the saEisfaction of t.he Company: 1. Standard Except.ions 1 through 5 prinLed on Lhe cower sheet. 6. Taxes and assessments noE yeE due or payable and special assessmentrs noE yeE certified t.o the Treasurer's office. 7. Any unpaid Eaxes or assessments againsE. said land. B. Liens for unpai-d water and sewer charges, if any. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTBRSBCT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED AuguST 16, 1909, IN BOOK 48 AT PAGE 542, 10. RTGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED ]N UNITED STATES PATENT RECORDED AuguST 16, 1909, IN BOOK 48 AT PAGE 542. 11.. RESTRICTIVE COVENA}ITS, WHICH DO NOT CO}i1IAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORfcIN, AS CONTAINED IN INSTRI]MENT RECORDED Septernlf,er 20 , 1972, IN BOOK 225 AT PAGE 443 AND AS AMENDED IN INSTRTMENT RECORDED SEPTEMbET 29, !972, IN BOOK 225 A"I PAGE 555 AND AS RERECORDED IN INSTRUMENT RECORDED JANUARY 22, L974, IN BOOK 233 AT PAGE 53. 12. UIILITY EASEMENT AS GRAI'ITED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., INC. IN INSTRUMENT RECORDED AUGUST 24, 1957 IN BOOK 211. AT PAGB 103 AND RECORDED JUNE 19, L973 IN BOOK 229 AT PAGE 555 AND RECORDED JULY 31, ]..973 IN BOOK 230 AT PAGE 351. ]-3. AGREEMENT BETWEEN TAWEL ENVIRON}IENTAL LAND COMPANY AND MOU}ITAIN STATES TELBPHONE AND TELEGRAPH COMPANY PROVIDING FOR TELEPHONE INSTALLATION AND SERVICE THROUGHOUT LION'S RIDGE SUBDIVISION, FTLING NO. 2 RECORDED SEPTEMBER 2?, 1973 IN BOOK 231 AT PAGE 291. 14. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN AND RBSERVED ON THE RECORDED PLAT OF LION'S RIDGE SUBDIVISION, FILING NO. 3. 15. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED November 15, L994 IN BOOK 655 AT PAGE LB4. 16. EASEMENTS, RESERVATIONS AND RESTR]CTIONS AS SHOWN OR RESERVED ON THE RESUBDIVISION PLAT RECORDED TBD IN BOOK XXX AT PAGE XXX. PAGE 3 o I o c o M M r r " u t tO (Er..trnrions) Our Order # V5252463 17. TERMS, CONDITIONS AND PROVISIONS OF PARTYWALL AGREEMENT RECORDED TBD IN BOOK XXX AT PAGE XXX. rTEMS 1, 2 AND 3 OF THE STANDARD EXCEPTIONS WILL BE DELETED FROM THB OWNERS POLICY UPON RECEIPT OF A SATISFACTORY IMPROVEMENT LOCAT]ON SURVBY. NOTE: SAID SI]RVEY MUST SET OUT THE EASEMENTS SET FORTH IN SCHEDULE B-2 HERE]N. PLEASE PROVIDE LAND TITLE GUARANTEE COMPANY WITH THE NAME OF THE SURVEYING COMPANY AND WE WILL SEND COPIES OF THE NECESSARY DOCIJMENTS. NOTE: IF THE IMPROVEMETTT LOCATION SURVEY IS NOT RECEIVED BY LAND TITLE GUARANTEE COMPANY IN SUFFICIENT TIME TO REVIEW AND ENDORSE THE COMMITMENT PRIOR TO CLOSING, ADDITIONAL EXCEPTIONS MAY BE ADDED TO THE POLICY. UPON THE APPROVAL OF THE COMPA]VY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS WILL BE AMENDED AS FOLLOWS: rTEM NO. 4 OF THE STANDARD EXCEPTIONS IS DEI-,,ETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF DAUPHINAIS-MOSELEY CONSTRUCTTON INC., A COLORADO CORPORATION. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY S}TALL }IAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF JEFFREY STITGEN AND }IAROLD STITGEN. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE RECORDS THE DOCT]MENTS REQUIRED UNDER SCHEDULE B-1.. NOTE: UPON PROOF OF PAYIV]ENT OF ALL TAXES, ITEM 7 UNDER SCHEDULE B-2 WILL BE DELETED AND ITEM 6 WILL BE AIViENDED TO READ: 1996 TAXES NOT YET DUE OR PAYABLE AND ASSESSME}JTS NOT YET CERTIFIED TO THE TREASURERS OFFICE. ITEM NO. B UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THB WATER AND SEWER CITARGES ARE PAID UP TO DATE, COLORADO ENDORSBMENT FORM 130, WILL BE ATTACHED TO OWNERS POLICY WHEN ISSUED. COLORADO ENDORSEMENT FORM 103 .7, WILL BE ATTACHED TO OWNERS POLTCY WHEN ISSUED. f}I\Jj1 + LAND f rrr,E cuARANrOt COMPANY DISCLOSI'RE STATEMEI{T Required by Senate Bill 9l--14 a) The subject real properLy may be located in a special Eaxing district. e) A CertificaEe of Taxes Due lisEing each Eaxing jurisdiction may be obE,ained from t,he CounEy Treasurer or trhe Countsy Treasurer's aut,horized agenE. C) The information regarding special districEs and Ehe boundaries of such districts may be obtained from the Board of County Commissioners, Ehe Count,y Clerk and Recorder, or t,he CounLy Assessor. Required by Senate BilI 92-143 A) A Certificat.e of Taxes Elue liscing each Eaxing jurisdicEion shaIl be obEained from the CounEy Treasurer or the CounEy Treasurer's authorized agenE.