HomeMy WebLinkAboutPEC120033By David Rhoades at 7:19 am, Aug 30, 2012
By David Rhoades at 7:19 am, Aug 30, 2012
CUSTOMER DISTRIBUTION
Date:Our Order Number:
Property Address:
If you have any inquiries or require further assistance, please contact one of the numbers below:
08-29-2012 V50034303
1631 BUFFEHR CREEK ROAD AKA LOT A VALLEY SUB PH V VAIL, CO 81657
For Title Assistance:
Vail Title Dept.
610 WEST LIONSHEAD CIRCLE #200
VAIL, CO 81657
Phone: 970-476-2251
Fax: 970-476-4534
EMail: eaglecountyrequests@ltgc.com
SLIFER SMITH & FRAMPTON-AVON *TMX*
0090 BENCHMARK RD #105
AVON, CO 81620
Attn: JIM FLAUM
Phone: 970-845-2000
Fax: 970-748-4557
Copies: 1
EMail: jflaum@slifer.net
Linked Commitment Delivery
SLIFER SMITH & FRAMPTON-AVON *TMX*
0090 BENCHMARK RD #105
AVON, CO 81620
Attn: JANNA CARVILL
Phone: 970-845-2012
Fax: 866-743-1589
Copies: 1
EMail: jcarvill@slifer.net
Linked Commitment Delivery
MAURIELLO PLANNING GROUP, LLC
PO BOX 4777
2205 EAGLE RANCH RD
EAGLE, CO 81631
Attn: DOMINIC MAURIELLO
Phone: 970-376-3318
Fax: 970-748-0377
EMail: mauriello@comcast.net
Sent Via EMail
Land Title Guarantee Company
Date:
Our Order Number:
Buyer/Borrower:
Seller/Owner:
Property Address:
Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com
for directions to any of our 54 office locations.
THANK YOU FOR YOUR ORDER!
ESTIMATE OF TITLE FEES
If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time.
TOTAL
Form CONTACT 06/04
08-29-2012
V50034303
A BUYER TO BE DETERMINED
RONNA J. FLAUM
1631 BUFFEHR CREEK ROAD AKA LOT A VALLEY SUB PH V VAIL, CO 81657
TBD Commitment $100.00
$100.00
Land Title Guarantee Company
LAND TITLE GUARANTEE COMPANY
INVOICE NO.
- Amount Due -
Invoice Charges
Invoice Date:
Order No.
Due and payable upon receipt.
For Remittance please refer to Invoice No.
Please make checks payable to:
Land Title Guarantee Company
5975 Greenwood Plaza Blvd. Suite 125
Greenwood Village, CO 80111-4701
Owner:
Address:
V50034303
RONNA J. FLAUM
1631 BUFFEHR CREEK ROAD AKA LOT A VALLEY SUB PH V VAIL, CO 81657
August 29, 2012
VA-5935
VA-5935
SLIFER SMITH & FRAMPTON-AVON
PO BOX 4777
EAGLE, CO 81631
TBD Commitment $100.00
$100.00
Schedule A
Our Order No.
Cust. Ref.:
1. Effective Date:
2. Policy to be Issued, and Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
5. The Land referred to in this Commitment is described as follows:
Property Address:
V50034303
A L T A C O M M I T M E N T
1631 BUFFEHR CREEK ROAD AKA LOT A VALLEY SUB PH V VAIL, CO 81657
August 15, 2012 at 5:00 P.M.
"TBD" Commitment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
A Fee Simple
RONNA J. FLAUM
LOT A, THE VALLEY-PHASE V, A RESUBDIVISION OF LOTS 3 AND 4 ACCORDING TO THE PLAT
RECORDED AUGUST 27, 1997 IN BOOK 735 AT PAGE 708, COUNTY OF EAGLE, STATE OF
COLORADO.
First American Title Insurance Company
The following are the requirements to be complied with:
(Requirements)Our Order No.
A L T A C O M M I T M E N T
Schedule B - Section 1
V50034303
1.
2.
3.
4.
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:
EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND
PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED.
RELEASE OF DEED OF TRUST DATED SEPTEMBER 03, 2008 FROM RONNA J. FLAUM TO
THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF U.S. BANK N.A. TO SECURE
THE SUM OF $1,500,000.00 RECORDED SEPTEMBER 22, 2008, UNDER RECEPTION NO.
200820306.
SUBORDINATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED
MAY 18, 2010 UNDER RECEPTION NO. 201009435.
RELEASE OF DEED OF TRUST DATED MAY 13, 2010 FROM RONNA J. FLAUM TO THE
PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF DB PRIVATE WEALTH MORTGAGE
LTD. TO SECURE THE SUM OF $1,950,000.00 RECORDED MAY 18, 2010, UNDER
RECEPTION NO. 201009434.
WARRANTY DEED FROM RONNA J. FLAUM 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.
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:
(Exceptions)Our Order No.
A L T A C O M M I T M E N T
Schedule B - Section 2
V50034303
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
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.
Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
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.
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.
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.
Any and all unpaid taxes, assessments and unredeemed tax sales.
(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.
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 DECEMBER 29, 1920, IN BOOK 93
AT PAGE 42 AND RECORDED AUGUST 16, 1909 IN 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 DECEMBER 29,
1920, IN BOOK 93 AT PAGE 42 AND RECORDED AUGUST 16, 1909 IN BOOK 48 AT
PAGE 542
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 SEPTEMBER 20, 1972, IN BOOK 225 AT PAGE
443 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 29, 1972, IN BOOK 225
AT PAGE 565 AND AS AMENDED IN INSTRUMENT RECORDED JANUARY 22, 1974, IN
BOOK 233 AT PAGE 53 AND AMENDMENT THERETO RECORDED JULY 1, 1983 IN BOOK
362 AT PAGE 804
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:
(Exceptions)Our Order No.
A L T A C O M M I T M E N T
Schedule B - Section 2
V50034303
11.
12.
13.
14.
15.
16.
17.
18.
EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE RECORDED PLAT OF LIONS RIDGE SUBDIVISION, FILING NO. 2.
AGREEMENT BETWEEN TAYVEL ENVIRONMENTAL LAND COMPANY AND MOUNTAIN TELEPHONE
AND TELEGRAPH COMPANY RECORDED SEPTEMBER 27, 1973 IN BOOK 231 AT PAGE 291.
TERMS, PROVISIONS AND CONDITIONS, IN RESOLUTIONS OF THE BOARD OF COUNTY
COMMISSIONERS, COUNTY OF EAGLE, STATE OF COLORADO RECORDED MARCH 27, 1980
IN BOOK 300 AT PAGE 757 AND MAY 6, 1980 IN BOOK 302 AT PAGE 508.
TERMS, PROVISIONS AND CONDITIONS CONTAINED IN PLANNED UNIT DEVELOPMENT AND
DECLARATION OF PROTECTIVE COVENANTS 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 MARCH 27, 1980 IN BOOK 300 AT PAGE 758 AND RERECORDED APRIL 10,
1980 IN BOOK 301 AT PAGE 415.
TERMS, PROVISIONS, CONDITIONS AND OBLIGATIONS CONTAINED IN EASEMENT AND
RIGHT OF WAY RECORDED MARCH 18, 1980 IN BOOK 300 AT PAGE 290.
PUD PLAN FOR THE VALLEY-PHASE V RECORDED NOVEMBER 26, 1980 IN BOOK 313 AT
PAGE 857 AND FIRST AMENDMENT THERETO RECORDED AUGUST 27, 1997 IN BOOK 735
AT PAGE 709
DECLARATION OF PROTECTIVE COVENANTS FOR THE VALLEY-PHASE V 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 NOVEMBER 26, 1980 IN BOOK 313 AT PAGE 856.
TERMS AND PROVISIONS OF CONVEYANCE OF EASEMENT RECORDED AUGUST 16, 1982 IN
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:
(Exceptions)Our Order No.
A L T A C O M M I T M E N T
Schedule B - Section 2
V50034303
19.
20.
21.
22.
23.
BOOK 344 AT PAGE 309.
EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF THE VALLEY, PHASE 5 RECORDED NOVEMBER 26, 1980 UNDER RECEPTION
NO. 210230.
EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE RESUBDIVISION PLAT RECORDED AUGUST 27, 1997 UNDER RECEPTION NO.
631663.
TERMS, CONDITIONS AND PROVISIONS OF JOINT MAINTENANCE AGREEMENT RECORDED
JUNE 04, 1999 AT RECEPTION NO. 698739.
TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEPTEMBER 16, 2005 AT
RECEPTION NO. 929743.
TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED AUGUST
17, 2005 AT RECEPTION NO. 926420.
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 shall be obtained from the County
Treasurer or 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 Regulations 3-5-1, Paragraph C of Article VII requires that "Every
title entity shall be responsible for all matters which appear of record prior to the time of recording
whenever the title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed". Provided that Land Title Guarantee
Company conducts the closing of the insured transaction and is responsible for recording the
legal documents from the transaction, exception number 5 will not appear on the Owner's Title
Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically 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
mechanic's and material-men's liens.
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 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
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 include the right to enter and use the property without the
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 the purpose of defrauding or
incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting
attempting to defraud the policyholder or claimant with regard to a settlemwnt or award payable from insurance
proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
DISCLOSURE 02/2011
First American Title Insurance Company
PRIVACY POLICY
We are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will utilize
the personal information you provide to us. Therefore, together with our parent company, the First American
Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner
in which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair
Information Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information
that we may collect include:
* Information we receive from you on applications, forms and in other communications to us,
whether in writing, in person, by telephone or any other means;
* Information about your transactions with us, our affiliated companies, or others; and
* Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We
may, however, store such information indefinitely, including the period after which any customer relationship
has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies.
Furthermore, we may also provide all the information we collect, as described above, to companies that
perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions
with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We
restrict access to nonpublic personal information about you to those individuals and entities who need to know
that information to provide products or services to you. We will use our best efforts to train and oversee our
employees and agents to ensure that your information will be handled respnsibly and in accordance with this
Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and
procedural safeguards that comply with referral regulations to guard your nonpublic personal information.
WEBSITE
Information on the calculation of premiums and other title related charges are listed at First American's
website: www.firstam.com
NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION
AND
MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, 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.1
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT PERMITTED BY LAW.
CC.FA.06
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
_____________________________________________________
Authorized Officer or Agent
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
FIRST AMERICAN TITLE INSURANCE COMPANY
Dennis J. Gilmore
President
Timothy KempSecretary
Submitted to the Town of Vail:
August 27, 2012
An application to amend the GRFA requirements & to
allow for Participation in the EHU Exchange Program
for SDD No. 34, Lots A, B, and C, the Valley Phase V
Major Amendment
to Special
Development
District No. 34,
Lots A, B, & C,
The Valley Phase V
By David Rhoades at 7:18 am, Aug 30, 2012
I.Introduction
Jim and Cookie Flaum, the owners of 1631 Buffer Creek Road / Lot A, The Valley Phase V, are requesting
an amendment to Special Development District No. 34, to allow owners within the SDD to participate
in the EHU Exchange Program and to allow for additional GRFA. The owners of Lots B and C, Steve
Lindstrom and Margaret Forken have also consented to the submittal of this amendment.
SDD No. 34 includes lots A, B, and C of the Valley Phase V. The SDD limits the allowable GRFA to 2,933
sq. ft. per unit and requires one EHU prior to the construction of the third unit in the SDD. The EHU
was constructed on Lot A, the Flaum Residence in 2006. The Flaums are requesting this amendment to
SDD No. 34 so that they may participate in the EHU exchange program. In addition, the amendment
allows an increase from 2,933 sq. ft. of GRFA to 3,800 sq. ft. of GRFA (which is a smaller increase than
has been allowed generally throughout the Town and the neighborhood). A similar request was recently
approved for the Crossview SDD.
The Flaum’s EHU is 837 sq. ft. To participate in the EHU exchange program, the Flaum’s will need to
provide an EHU of 1,674 sq. ft. or provide a fee-in-lieu of $230,476.
Lot 1
Lot 2
Tract A
The Valley Phase V
Subdivision
Special Development
District No. 34
II.Background
SDD No. 34 is unique compared to other special development districts in the Town of Vail. Eagle
County approved a PUD for the site in October of 1980, known as The Valley Phase V PUD. The PUD
allowed for a clustered development of 4 duplex lots and a significant open space tract of just over 12
acres. Each lot was permitted a duplex with each unit limited to 2,200 sq. ft. of GRFA (as defined by
Eagle County in 1980). The lots created by the 1980 PUD act as building envelopes and the floor area
allowed was not based on a ratio as would be typical.
1
In November of 1981, shortly after Eagle County
approved the PUD, the property was annexed into the
Town of Vail. The Town of Vail then zoned the
property Residential Cluster, but recognized the
existing approvals of the Eagle County PUD. It
appears that there may have been a lawsuit which
required the Town to recognize the County’s approval
but information on this issue is limited. Residential
Cluster, unlike the lower density Town zone districts,
bases the GRFA ratio on “buildable area” rather than
total lot size. Buildable area is defined as that portion
of the lot with less than 40% slopes. These lots are
generally very steep and therefore the RC zone
district does not appropriately reflect the topography
of the area. Zoning these properties RC would have substantially
reduced the allowable GRFA, rendering the lots nearly unbuildable
without significant variances, which is why the Town recognized the
County approvals with the annexation, at a minimum.
Because of this recognition of the Eagle County PUD, the Town has
interpreted that any changes to the approvals for these lots are
done through the SDD process. In 1997, the Town approved an
amendment to the Eagle County approval which allowed for Lots 3
and 4, The Valley Phase V to be converted from 2 duplex lots into 3
single family lots. This amendment established SDD No. 34. In
2007, SDD No. 34 was amended to allow for larger EHUs for the
site, increasing the allowance from 500 sq. ft. to 850 sq. ft., and
increasing the EHU garage credit from 300 sq. ft. to 400 sq. ft.
As well as being a unique Special Development District, The Valley
Phase V lots are unique in the neighborhood. Because their GRFA
was limited by the previous Eagle County PUD, which was carried over into the SDD language, they
have not been able to take advantage of any increases in GRFA allowed by the Town over the years.
Other RC zoned properties in the neighborhood recently were allowed a 44% increase in the allowable
GRFA (the ratio increased from 0.25 to 0.36) and yet since these lots are within an SDD, they did not
enjoy the same increase given to similarly situated lots. Lots of similar sizes and topography in nearby
subdivisions are permitted significantly more GRFA. Eleni Zniemer and Lia Zneimer Subdivisions were
also PUDs approved by Eagle County and subsequently annexed into the Town of Vail, but the process
to amend their development rights only require PEC review, rather than an SDD amendment.
The following analysis provides a comparison of the GRFA permitted for SDD No. 34 in comparison to
the GRFA allowed for other similar dwelling units in the neighborhood. As indicated in the analysis,
most other lots, many of which are similar in size and topography, enjoy significantly higher GRFA
allowances. The SDD No. 34 properties are allowed 40%-70% less GRFA than nearly every other
property in the neighborhood. The same would be true if the analysis were expanded to other single-
family homes throughout the town. Even at 3,800 sq. ft. of GRFA as proposed, these homes will be
among the lowest in GRFA in the neighborhood.
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Map Key:
GRFA Analysis for the Buffer Creek Neighborhood:
Lot Lot Size Allowed GRFA GRFA as % of Lot
Area
SDD No. 34 - Underlying Zoning of Residential ClusterSDD No. 34 - Underlying Zoning of Residential ClusterSDD No. 34 - Underlying Zoning of Residential ClusterSDD No. 34 - Underlying Zoning of Residential Cluster
Lot A 20,725.85 2,933 14%
Lot B 26,284.10 2,933 11%
Lot C 32,012.24 2,933 9%
Average 26,340.73 2,933 11%
Eleini Zneimer Subdivision - Zoned Residential ClusterEleini Zneimer Subdivision - Zoned Residential ClusterEleini Zneimer Subdivision - Zoned Residential ClusterEleini Zneimer Subdivision - Zoned Residential Cluster
Lot 1 218,235.60 5,267 2%
Lot 2 92,957.04 5,267 6%
Lot 3 95,788.44 5,267 5%
Lot 4 83,286.72 5,267 6%
Lot 5 28,357.56 5,500 19%
Lot 6 22,476.96 4,180 19%
Average 90,183.72 5,125 9.5%
Lionsridge F4 Block 4 - Zoned Primary/SecondaryLionsridge F4 Block 4 - Zoned Primary/SecondaryLionsridge F4 Block 4 - Zoned Primary/SecondaryLionsridge F4 Block 4 - Zoned Primary/Secondary
Lot 1 36,198.36 8,822 24%
Lot 2 35,457.84 8,777 25%
Lot 3 27,442.80 8,118 30%
Lot 4 35,370.72 8,772 25%
Lot 5 31,711.68 8,553 27%
Lot 6 40,336.56 9,070 22%
Average 34,419.66 8,685 25.5%
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SDD No. 34
Lionsridge F4 B2
Lionsridge F4 B4
Eleini Zneimer
Lia Zneimer
Lot Lot Size Allowed GRFA GRFA as % of Lot
Area
Lionsridge F4 Block 2 - Zoned Primary/SecondaryLionsridge F4 Block 2 - Zoned Primary/SecondaryLionsridge F4 Block 2 - Zoned Primary/SecondaryLionsridge F4 Block 2 - Zoned Primary/Secondary
Lot 2 20,647.44 5,384 26%
Lot 3 NA NA NA
Lot 4 17,293.32 4,948 29%
Lot 5 20,560.32 5,373 26%
Lot 6 20,865.24 5,412 26%
Lot 7 23,740.20 5,786 24%
Lot 8A 60,243.48 10,532 17%
Lot 8B 60,243.48 10,532 17%
Lot 9 26,048.88 6,086 23%
Lot 10 13,590.72 4,467 33%
Lot 11 67,213.08 11,438 17%
Average 33,044.616 6,996 23.8%
Lia Zneimer - Zoned Residential ClusterLia Zneimer - Zoned Residential ClusterLia Zneimer - Zoned Residential ClusterLia Zneimer - Zoned Residential Cluster
Lot 1 55,713.24 20,057 36%
Lot 2 32,805.04 11,810 36%
Lot 3 37,343.99 13,444 36%
Lot 4 50,181.12 18,065 36%
Lot 5 50,181.12 18,065 36%
Lot 6 41,556.24 14,960 36%
Lot 7 NA NA NA
Average 44,630.125 16,067 36%
Overall Average
(Excluding SDD NO. 34)48,066 8,901 24%
Overall Median
(Excluding SDD NO. 34)35,828 8,335 25%
III.Zoning Analysis
Lot GRFA Existing GRFA
Proposed
% Increase % of Lot Area
Lot A 2,933 3,800 29.6%18.3%
Lot B 2,933 3,800 29.6%14.5%
Lot C 2,933 3,800 29.6%11.9%
There is no change to any other development standards as provided by the Special Development
District. As indicated from this analysis, the percent increase of 29.6% in GRFA is substantially less than
that allowed in 2004 (44% increase) for other Residential Cluster zoned properties and that the ratio
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of lot size to floor area at 11% to 18.3% is far below the average within the neighborhood of 24%.
Therefore, the proposed increase in GRFA creates more equity among similarly situated properties and
the increase allows these properties to remain consistent and compatible with neighboring properties.
IV.Criteria for Review for the Major Amendment to a Special Development
District
Section 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS, Vail Town Code, provides the
criteria for review of a Major Amendment to a Special Development District. These criteria have been
provided below, along with an analysis of how this proposal complies with these criteria:
1.Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and
adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity,
character, visual integrity and orientation.
Applicant Response: Other lots in the neighborhood are permitted significantly more GRFA as
indicated in the charts above. The average lot in this neighborhood is allowed up to 8,900 sq. ft.
of GRFA, while these lots are limited to 2,933 sq. ft. of GRFA per unit. In addition to the overall
allowance of GRFA, the percentage of GRFA compared to lot size is less than similar lots.
Lot A (Flaum)
Because the proposal includes the ability to eliminate the existing EHU restriction on Lot A and
use the floor area already existing within the building, there is no impact to the architectural
design of the existing house, including the scale, bulk, building height, buffer zones, identity,
character, visual integrity and orientation. However, if the owner chose to maintain the EHU
and add GRFA through an addition, the design, scale, bulk, building height, etc., would still be
compatible with the neighborhood.
Lot B (Lindstrom)
The existing home on Lot B could potentially add approximately 867 sq. ft. of GRFA with this
proposed SDD amendment, assuming the property is currently maxed out on GRFA. Any
application to add GRFA will comply with the requirements of the SDD and the Zoning
Regulations, in addition to the Design Guidelines.
Lot C (undeveloped)
This site is currently undeveloped, but any new construction on Lot C will comply with the
requirements of the SDD and the Zoning Regulations, in addition to the Design Guidelines.
2.Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship
with surrounding uses and activity.
Applicant Response: There is no change to the proposed uses and activities for the SDD.
There will be less density on the site as the EHU will no longer be located on this property.
3.Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of
this title.
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Applicant Response:
Lot A (Flaum)
The existing unit complies with parking and loading requirements. The future elimination of the
EHU restriction will reduce the parking requirement for this site.
Lot B (Lindstrom)
There is no change in the parking requirement for Lot B with the increase in GRFA. The
current parking requirement for Lot B is 3 parking spaces. Increasing the allowable GRFA to
3,800 sq. ft. maintains the same parking requirement, so an addition this lot would not generate
the need for additional parking.
Lot C (undeveloped)
The parking lot requirement for this lot will be assessed when an application for development is
submitted to the Town. However, the parking requirement is 3 spaces if the lot were developed
to the maximum GRFA both existing and proposed.
4.Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies
and urban design plans.
Applicant Response: The Vail Land Use Plan provides the following Goals and Objectives which
are applicable to this proposal:
The proposal complies with the Vail Land Use Plan.
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5.Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that
affect the property on which the special development district is proposed.
Applicant Response: The proposed amendment has no effect on the above criterion.
6.Design Features: Site plan, building design and location and open space provisions designed to produce a
functional development responsive and sensitive to natural features, vegetation and overall aesthetic
quality of the community.
Applicant Response: The proposed amendment has no effect on the above criterion. By
allowing the applicant to use the floor area already existing in the EHU, the is no need for an
addition which would impact the site plan or building design. As a result, no additional site
disturbance or landscape impacts will occur. No exterior changes are proposed with this
request.
7.Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic
circulation.
Applicant Response: The proposed amendment has no effect on the above criterion. However,
the reduction of the EHU will minimally reduce the traffic in the neighborhood.
8.Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve
natural features, recreation, views and function.
Applicant Response: The proposed amendment has no effect on the above criterion. No
landscape changes are proposed with this request.
9.Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient
relationship throughout the development of the special development district.
Applicant Response: The proposed amendment has no effect on the above criterion.
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V.Adjacent Addresses
STEVEN J. LINDSTROM REVOCABLE TRUST - ETAL
PO BOX 1152
VAIL, CO 81658
FLAUM, RONNA J.
PO BOX 3117
VAIL, CO 81658
TOWN OF VAIL
IN CARE OF NAME FINANCE DEPT
75 S FRONTAGE RD
VAIL, CO 81657
VALLEY RECREATION & PARKING ASSOC
PO BOX 3176
VAIL, CO 81658
KENTON M KROHLOW
PO BOX 2475
EDWARDS, CO 81632
BURGERMEISTER, MICHAEL F. & NANCY K.
OWNER ADDRESS 755 7TH ST
BOULDER, CO 80302
BURGHARDT, LARS & HELGA
IN CARE OF INGE ANDERSON
302 S ROBB WAY
LAKEWOOD, CO 80226
MADDEN, JOHN W., III
370 17TH ST STE 3500
DENVER, CO 80202
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