HomeMy WebLinkAboutADM120014 ADMINISTRATIVE ACTION FORM
Department of Community Development
75 South Frontage Road
Vail, CO 81657
tel: 970-479-2138 fax: 970-479-2452
web: www.vailgov.com
Project Name:BISHOP PARK REPLAT
Application Type:CondThPl
ADM Number: ADM120014
Parcel: 2101-082-6000-2
Project Description:AMENDED CONDO PLAT FOR BISHOP PARK CONDOMINIUMS
Participants:
OWNER SNOWSPORTS LLC 12/04/2012
1000 S FRONTAGE RD W STE 200
VAIL, CO
816575080
APPLICANT BISHOP PARK HOMEOWNERS ASSOC 12/04/2012 Phone: 970-476-1692
C/O MIKE PHILLIPS
PO BOX 1403
VAIL
CO 81658
Project Address:63 WILLOW PL VAIL Location:
BISHOP PARK CONDOS UNITS 2, 3, 8
Legal Description: Lot: 1 & Block: Subdivision: BISHOP PARK CONDO
Comments:
BOARD/STAFF ACTION
Motion By: Action: STAFFAPR
Second By:
Vote: Date of Approval: 12/07/2012
Meeting Date:
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Planner:Bill Gibson DRB Fee Paid: $100.00
TOWN OF VAIL/
Department of Community Development
75 South Frontage Road
Vail, CO 81657
Tel: 970 - 479 -2128
www.vailgov.com
Development Review Coordinator
Administrative Application
Condominium and Townhouse Plat
General Information: Condominium and townhouse plats which do not constitute "conversions" from rental as defined
in Section 13 -7 -2, Definitions, Vail Town Code may be approved by the administrator, subject to review by other Town of
Vail departments. Please see Section 13 -6, Condominium and Townhouse Plats, Vail Town Code for more detailed
information. Vail Town Code can be found on the Town's website at www.vailgov.com.
Fee: $100
Recording Fees: Please visit the Eagle County website http: / /www.eaglecounty.us /clerk /publicRecords.cfm for the
most up -to -date recording fees and check with your planner prior to submitting the payment. A check written out to
the Eagle County Clerk and Recorder is required to be submitted once the plat has been approved by the Planning
and Environmental Commission and prior to the recording of the plat.
Description of the Request: Approval of amended condominium plat for Bishop Park Condominiums
Physical Address: 43 & 63 Willow Place
Parcel Number: 2101 - 082 -60 -0 +unit number (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.)
Property Owner: Bishop Park Homeowners' Association
Mailing Address: c/o Mike Phillips, PO Box 1403, Vail, CO 81658
Phone: 970- 476 -1692
Owner's Signature:
Primary Contact/ Owner Represen tive: Greg Perkins, attorney for Bishop Park Homeowners' Association
Mailing Address: 710 West Lionshead Circle, Suite B, Vail, CO 81657
Phone: 970- 306 -7554
E -Mail: greg @gperkinslaw.com Fax: 866- 393 -9835
For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Auth # Check #
Fee Paid: *1D0.00
Meeting Date:
Planner:
Received From: — ar- -rio z.y Rn RKIw1S 210 -
ADM No.: fiUn IQ of) Il
Project No: PRJ 1c! -- 0 12 Co
Zoning: Land Use:
Location of the Proposal: Lot: 00t Block: 0 Subdivision: VA II, VI LL V.A t oU6I
AMENDMENT TO
CONDOMINIUM DECLARATION
FOR
BISHOP PARK CONDOMINIUMS
THIS AMENDMENT TO CONDOMINIUM DECLARATION FOR BISHOP PARK
CONDOMINIUMS (the "Amendment ") is made effective as of the date of its recording in the real
property records of Eagle County, Colorado.
RECITALS
A. This Amendment is to the Condominium Declaration for Bishop Park Condominiums
dated September 28, 1987, and recorded in the real property records of Eagle County, Colorado, on
November 12, 1987 in Book 473 at Page 962, under Reception No. 370178 (the "Declaration ").
Capitalized terms used in this Amendment without separate definition shall have the meaning ascribed to
them in the Declaration.
B. The Owners of Condominium Units within the Project desire to amend the Declaration to
update and modernize certain provisions thereof and to provide for the efficient management and
operation of the Association and the Project.
C. The Bishop Park condominiums community was created upon the filing of the
Declaration, which predated the enactment of the Colorado Common Interest Ownership Act, Article
33.3, Title 38, Colorado Revised Statutes (the "Act "). Pursuant to Section 38- 33.3 -117 of the Act, certain
sections of the Act govern matters with respect to communities created prior to enactment of the Act. In
particular, Section 38-33.3-117(1-5)(d) of the Act provides that all events or circumstances occurring after
January 1, 2006, are governed by the Act. Accordingly, an amendment to the Declaration proposed after
January 1, 2006, is governed by the Act. Pursuant to Section 38- 33.3- 217(1)(a)(I) of the Act, the
Declaration may be amended generally by affirmative vote of 67% of the voting interest of Owners of
Units in the Project notwithstanding the fact that Section 32.13 of the Declaration requires a vote of 75%
of the aggregate ownership interests in the Association to effect an amendment. However, because this
Amendment, in part, effects a change in the ownership interests in the Association, Section 38-33.3 -
217(4)(a) of the Act permits the Declaration to require a larger percentage to effect an amendment.
Section 32.13 of the Declaration requires unanimous consent of all Owners and Mortgagees to amend in a
manner that decreases the undivided interest of any Owner, and due to the nature of this amendment such
approval is required.
D. The certificate of the Association attached hereto certifies that the unanimous consent of
all Owners and Mortgagees has been obtained to effect this Amendment.
NOW, THEREFORE, the Declaration is hereby amended as follows:
1. Amendment of Condominium Map. The proposed amendment to the Map of the Project
titled "Amended Condominium Plat Bishop Park Condominiums Units 2, 3 & 8 ", prepared by Gore
Range Surveying, Avon, Colorado and dated August 11, 2011 (the "Map Amendment') is hereby
approved by the Owners and Mortgagees. Any member of the Board of Managers of the Association is
authorized to execute the Map Amendment on behalf of the Association, the Owners and the Mortgagees
and to record the Map Amendment in the real property records of Eagle County, Colorado. Following
recording, the Association is authorized to execute and deliver a quitclaim deed for each of Units 2, 3 and
8 and deliver same to the Owners of such Units in order to convey any interest in the Common Elements
converted into those Units to the Owners thereof. As required by Section 20.A of the Declaration, the
Mortgagees hereby consent to the transfer of the Common Elements as described herein.
2. Amendments to Declaration. The Owners and Mortgagees hereby approve the following
amendments to the Declaration:
a. Exhibit A. The Exhibit A attached to the Declaration is hereby deleted in its
entirety and replaced with the Exhibit A attached to this Amendment. The changes to the Percentage
Interest in Common Elements appurtenant to each Unit are hereby specifically approved by the Owners
and Mortgagees.
b. Section 3.H. Section 3.1-1 of the Declaration is hereby amended by the addition of
the following sentence to the end thereof: "For purposes of clarity, each Condominium Apartment shall
be deemed to include all components of all exterior doors and windows described above as comprising a
portion of the boundary of such Condominium Apartment, including, without limitation, all door and
window frames, hardware, and all glass."
C. Section 12. Section 12 of the Declaration is hereby deleted in its entirety and
replaced with the following:
No exterior or structural addition to or change or alteration to any Unit or
the Common Elements (including the construction of any additional
skylight, window, awning or door) shall be made until the plans and
specifications showing the nature, kind, shape, height, color, materials
and location of the same shall have been submitted to and approved in
writing by the Board of Managers. As a condition of such approval, the
Board may require the Owner to enter into such agreements and
indemnifications with the Association as the Board shall deem
appropriate to protect the interests of the Association and the other
Owners. After receiving the approval of the Board, the Owner required
to obtain such approval shall thereafter obtain all other approvals as may
be required by any governmental or quasi - governmental body having
jurisdiction over the Property.
d. Section 13_B. Section 13.B of the Declaration is hereby deleted in its entirety and
replaced with the following:
B. Nothing herein contained shall impair the lien of the Association
for unpaid condominium fees or any amount properly due the
Association, and such lien shall be prior and senior to any other lien
excepting only liens which are granted priority over the Association's
lien pursuant to applicable Colorado law, and in such event only to the
extent of the priority granted by applicable Colorado law. The recording
of this Agreement shall be notice to all lien claimants of the seniority of
the lien established for condominium fees or assessments. In the event
the Association is required to maintain an action for the collection of any
such lien, the Association shall be entitled to an award of interest, at the
rate established by law, on such amount due and to reasonable attorneys'
fees.
C. Section 19.C. The following two sentences are hereby deleted from the end of
Section 19.0 of the Declaration: "No person shall serve on the Board of Managers unless such person is
in good standing ", which means that he has currently paid all assessments and charges billed to him. If a
member of the Board of Managers is not in good standing, he shall be deemed automatically removed as a
Page 2
member of the Board of Managers, and the remaining members shall choose a successor member of the
Board of Managers, who shall be in good standing."
f. Section 20.A. Section 20.A of the Declaration is hereby deleted in its entirety
and replaced with the following:
A. Association as Attorney -in -Fact for Owners. The Association is
hereby irrevocably appointed attomey -in -fact for the Owners, and each
of them, to manage, control and deal with the interest of such Owners in
the Common Elements so as to permit the Association to fulfill all of its
duties and obligations hereunder and to exercise all of its rights
hereunder, to deal with the Project upon its destruction or obsolescence
as hereinafter provided, and to grant utility easements through any
portion of the Common Elements. The acceptance by any Person of any
interest in any Unit shall constitute an appointment of the Association as
attorney -in -fact as provided above and hereinafter. The Association shall
be granted all of the powers necessary to govern, manage, maintain,
repair, administer and regulate the Project and to perform all of the duties
required of it.
g. Section 20.G. Section 20.G of the Declaration is hereby deleted in its entirety
and replaced with the following:
G. Mortgagee Inspection. The Association shall grant to each
Mortgagee of a Condominium Unit the right, upon reasonable advance
written notice, to examine this Declaration, Articles, Bylaws and the
books and records of the Association at any reasonable time.
h. Section 24.D. The following two sentences are hereby deleted from the end of
Section 24.D of the Declaration: "Determination of maximum replacement value shall be made annually
by one (1) or more written appraisals to be furnished by a person, knowledgeable of replacement costs,
and each Mortgagee shall be furnished with a copy thereof, within thirty (30) days after receipt of such
written appraisals. Such amounts of insurance shall be contemporized annually in accordance with their
currently determined maximum replacement value."
i. Section 26.C. Section 26.0 of the Declaration is hereby deleted in its entirety
and replaced with the following:
C. The assessments (including installments of the assessments)
arising under the provisions of this Declaration (together with any and all
interest, costs, late charges, expenses and reasonable attorneys' fees,
including legal assistants' fees charged in connection therewith) shall be
burdens running with, and a perpetual lien in favor of the Association
upon, the specific Unit to which such assessments apply. To further
evidence such lien upon a specific Unit, the Association may, but shall
not be obligated to, prepare a written lien notice setting forth the
description of the Unit, the amount of assessments on the Unit unpaid as
of the date of such lien notice, the rate of default interest if any, the name
of the Owner or Owners of the Unit, and any and all other information
that the Association may deem proper. Any such lien notice shall be
signed by a member of the Board, an officer of the Association, the
Page 3
Association's legal counsel, or the Managing Agent and shall be
recorded in the Office of the Clerk and Recorder of Eagle County,
Colorado. Any such lien notice shall not constitute a condition precedent
or delay the attachment of the lien, but such lien is a perpetual lien upon
the Unit and attaches without notice at the beginning of the first day of
any period for which any assessment is levied.
If any assessment (or any installment of the assessment) is not fully paid
within thirty (30) days after the same becomes due and payable, then as
often as the same may happen, (i) interest shall accrue at the rate of 12%
per annum on any amount of the Assessment which was not paid within
such 30 -day period or on the amount of assessment in default, whichever
shall be applicable, accruing from the due date until date of payment, (ii)
the Association may declare due and payable all unpaid monthly or other
installments of any assessment otherwise due during the fiscal year
during which such default occurred, (iii) the Association may thereafter
bring an action at law or in equity, or both, against any Owner personally
obligated to pay the same, and (iv) the Association may proceed to
foreclose its lien against the particular Unit in the manner and form
provided by Colorado law for foreclosure of real estate mortgages.
An action at law or in equity by the Association against an Owner to
recover a money judgment for unpaid assessments (or any installment
thereof) may be commenced and pursued by the Association without
foreclosing or in any way waiving the Association's lien for the
assessments. If any such assessment (or installment thereof) is not fully
paid when due and if the Association commences such an action (or
counterclaims or cross - claims for such relief in any action) against any
Owner personally obligated to pay the same, or proceeds to foreclose its
lien against the particular Unit, then all unpaid installments of annual and
special assessments and all default assessments (including any such
installments or assessments arising during the proceedings of such action
or foreclosure proceedings), any late charges, any accrued interest, the
Association's costs, expenses and reasonable attorneys' fees (including
legal assistants' fees) incurred for any such action and/or foreclosure
proceedings shall be taxed by the court as part of the costs of any such
action or foreclosure proceedings and shall be recoverable by the
Association from any Owner personally obligated to pay the same and
from the proceeds from the foreclosure sale of the particular Unit in
satisfaction of the Association's lien.
Foreclosure or attempted foreclosure by the Association of its lien shall
not be deemed to estop or otherwise preclude the Association from again
foreclosing or attempting to foreclose its lien for any subsequent
assessments (or installments thereof) which are not fully paid when due.
The Association shall have the power and right to bid in or purchase any
Unit at foreclosure or other legal sale and to acquire and hold, lease, or
mortgage the Unit, and to convey, or otherwise deal with the Unit
acquired in such proceedings.
Section 31.E. Section 31.E of the Declaration is hereby deleted in its entirety.
Page 4
k. Section 32.B. Section 32.13 of the Declaration is hereby deleted in its entirety and
replaced with the following:
B. Amendment and Termination. Any provision contained in this
Declaration may be amended or additional provisions may be added to
this Declaration, or this Declaration and Condominium Apartment
ownership of the Project may be terminated or revoked, by the recording
of a written instrument or instruments specifying the amendment or
addition or the fact of termination and revocation, executed by the
Owners, as shown by the records in the office of the Clerk and Recorder
of the County of Eagle, Colorado, of Units representing an aggregate
ownership interest of not less than 67% (sixty -seven percent) of the
Common Elements; provided, however, that in no event shall the
undivided interest of an Owner be decreased without the unanimous
consent of each Owner, and provided that Paragraph 14 -E hereof shall
not be amended or revoked without the written consent of the Town of
Vail.
3. Ratification of Terms. Except as herein expressly amended and modified hereby, all the
terms and provisions of the Declaration remain unchanged and in full force and effect.
4. Conflict Between Documents. In case of any conflict between the terms of this
Amendment and the Declaration, the provisions hereof shall prevail.
IN WITNESS WHEREOF, the undersigned Association hereby certifies that the foregoing
amendments have been approved by the requisite percentage of Owners and Mortgagees, and evidence of
same is available in the records of the Association.
Bishop Park Homeowners' Association, a Colorado noprofit
corporation
By:
Name: Douglas Tansill
Title: President
STATE OF (On nF.e'h(. r )
r r )
ss:
COUNTY OF -1'Gr , 14)
TIk
The foregoing document was acknowledged before me this 2R day ofM2012, by
Douglas Tansill as President of Bishop Park Homeowners Association, a Colorado nonprofit corporation.
WITNESS MY HAND AND OFF1C
My Commission expires: 7
tary ublicUj
EN E. MORRISSEY
Notary Public
Commission # 115931
MY mission Expires July 31, 2017
Page 5
American Land Title Association Conu itment — 1982
TITLE INSURANCE COMMITMENT
BY
slewart
title guaranty company
Order Number: 6037978a
We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and
your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date
shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our
obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is
issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B -I.
The Exceptions in Schedule B -II.
The Conditions on Page 2.
This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B.
THIS COMMITMENT IS NOT AN ABSTRACT, EXAMINATION, REPORT OR REPRESENTATION OF FACT OR
TITLE AND DOES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE,
NEGLIGENT MISREPRESENTATION OR OTHER TORT CLAIM OR ACTION. THE SOLE LIABILITY OF
COMPANY AND ITS TITLE INSURANCE AGENT SHALL ARISE UNDER AND BE GOVERNED BY PARAGRAPH
4 OF THE CONDITIONS.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto
affixed by its duly authorized officers on the date shown in Schedule A.
F stevvart
Countersigned:
t/ . W
Authorized Countersignature
Stewart Title of Colorado - Vail Division
97 Main St.. Suite W -201
Edwards, CO 81632
09-f§
4.
Tull /•ti
Order Number: 6037978a
Page 1 of 2 Commitment — 235 W/O Disclosure
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
t. Effective Date: August 15, 2006 at 8:00 a.m.
2. Policy or Policies To Be Issued:
a) A.L.T.A. Owner's
b) A.L.T.A. Loan
Order No.: 6037978a
Amount of Insurance
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in:
THE RICHARD AND BONNIE REISS REVOCABLE TRUST DATED DECEMBER 13, 2000, A
NEW YORK TRUST
5. The land referred to in this Commitment is described as follows:
Condominium Unit 3
BISHOP PARK CONDOMINIUMS
According to the Condominium Map recorded November 12, 1987 in Book 473 at Page 961 as
Reception No. 370177 and as defined and described in the Condominium Declaration recorded
November 12, 1987 in Book 473 at Page 962 as Reception No.370178
COUNTY OF EAGLE
STATE OF COLORADO
Purported Address:
63 Willow Place Condominium 3
Vail, Colorado 81658
STEWART TITLE
GUARANTY COMPANY Commitment —Schedule A
Page 1 of 1
STATEMENT OF CHARGES
These charges are due and payable
before a Policy can be issued:
SEARCH FEE: $560.00
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B — Section 1
REQUIREMENTS
Order Number: 6037978a
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the
estate or interest to be insured.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed
for record, to wit:
3. NONE; This report has been prepared for informational purposes only.
STEWART TITLE Order Number: 6037978a
GUARANTY COMPANY
Commitment — Schedule B l
Page I of I
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B — Section 2
EXCEPTIONS
Order Number: 6037978a
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. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any facts, which a
correct survey and inspection of the premises would disclose, and which are 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
laws 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. Unpatented mining claims, reservations or exceptions in patents, or an act authorizing the issuance
thereof; water rights, claims or title to water.
7. Any and all unpaid taxes and assessments and unredeemed tax sales.
8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation
or other district or inclusion in any water service or street improvement area.
9. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof,
recorded in Book 48 at Page 475, reserving 1) Rights of the proprietor of a vein or lode to extract and
remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of
the United States.
10. Protective Covenants for Vail Village First Filing, recorded August 10, 1962 in Book 174 at Page 179
as Reception No. 96381.
11. All matters shown on the plat of Vail Village First Filing.
12. All matters shown on the plat of Bishop Park recorded August 5, 1986 in Book 446 at Page 305 as
Reception No. 342548.
13. All matters shown on the map of Bishop Park Condominiums recorded November 12, 1987 in Book
STEWART TITLE Order Number: 6037978a
GUARANTY COMPANY
Commitment — Schedule H 2
Page I of 2
473 at Page 961 as Reception No. 370177.
14. Condominium Declaration for Bishop Park Condominiums recorded November 12, 1987 in Book 473
at Page 962 as Reception No.370178.
15. Any and all existing leases and tenancies.
16. Any and all assessments or expenses which may be due and payable to Bishop Park Condominium
Association.
STEWART TITLE Order Number: 6037978a
GUARANTY COMPANY
Commitment — Schedule B 2
Page 2 of 2
DISCLOSURES
Pursuant to C.R.S. 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. 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: 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 Stewart Title of Colorado - Vail Division 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 Lender's Title 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 fumished by mechanics or materialmen 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 unftled Mechanic's
and Materialmen'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.
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.
Stewart Title of Colorado - Vail Division File Number: 6037979a
Disclosures
MINERAL DISCLOSURE
Order No: 6037978a
To comply with the provisions of C.R.S. 10 -11 -123, the Company makes the following
disclosure:
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: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE
TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED
MINERALS.
Stmart'ritle of Colorado - Vail Division File Number: 6037978a
Mineral Disclosure
Rev. 0712001
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm- Leach - Bliley Act (GLBA) generally prohibits any financial institution, directly or
through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third
party unless the institution provides you with a notice of its privacy policies and practices, such as the
type of information that it collects about you and the categories of persons or entities to whom it may be
disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of
the privacy policies and practices of Stewart Title Guaranty Company and Stewart Title of Colorado
Vail Division.
We may collect nonpublic personal information about you from the following sources:
Information we receive from you, such as on applications or other forms.
Information about your transactions we secure from our files, or from our affiliates or others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real estate agent
or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic
personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers
to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers non affiliated companies
that perform services on our behalf.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know
that information in order to provide products or services to you. We maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
Some states give you the right to access and correct nonpublic personal information. You may contact us
in writing at out Home Office, if your state law gives you this right.
Revised 6/05
CONDITIONS
1. DEFINITIONS
a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records"
means title records that give constructive notice of matters affecting your title — according to the
state statutes where your land is located.
2. LATER DEFECTS
The Exceptions in Schedule B — Section R may be amended to show any defects, liens or
encumbrances that appear for the first time in the public records or are created or attached between
the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B —
Section I are met. We shall have no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we
may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this
information and did not tell us about it in writing.
4. LIMITATION OF LIABILITY
Our only obligation is to issue to you the policy referred to in this Commitment when you have met
its Requirements. If we have any liability to you for any loss you incur because of an error in this
Commitment, our liability will be limited to your actual loss caused by your relying on this
Commitment when you acted in good faith to:
Comply with the Requirements shown in Schedule B — Section I.
or
Eliminate with our written consent any Exceptions shown in Schedule B — Section H.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment
and our liability is subject to the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title
to the land must be based on this Commitment and is subject to its terms.
Order Number: 6037978a
Page 2 of 2 Commitment — 235 W/O Disclosure