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HomeMy WebLinkAboutPEC130003 Project Name:SCHULMAN SITE DISTURBANCE PEC Number: PEC130003 Project Description: AN INCREASE IN SITE DISTURBANCE TO ACCOMODATE A NEW PATIO. Participants: OWNER DAVID M. SCHULMAN REVOCABLE 01/17/2013 1772 ALPINE DR VAIL CO 81657 APPLICANT DAVID M. SCHULMAN REVOCABLE 01/17/2013 1772 ALPINE DR VAIL CO 81657 Project Address:1772 ALPINE DR VAIL Location: Legal Description:Lot: 10 Block: Subdivision: VAIL VILLAGE WEST FIL 1 Parcel Number:2103-123-1205-1 Comments:SEE CONDITIONS BOARD/STAFF ACTION Motion By:Kurz Action: APPROVED Second By:Bird Vote:4-0-0 Date of Approval: 02/26/2013 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0013080 1. The applicant shall amend the plat to show the approved site disturbance line as the building permit approved site disturbance line dated September 7, 2006. 2. The applicant shall amend the title of the plat to "Final Plat- Lot 10, Vail Village West Filing 1. Planner: PEC Fee Paid: $650.00 Department of Community Development 0 75 South Frontage Road TOWN OF VAIL Vail, CO 81657 Tel: 970 -479 -2128 www.vailgov.com Development Review Coordinator Exemption Plat Application for Review by the Planning and Environmental Commission General Information: The Exemption Plat is intended to allow for the platting of property where no additional parcels are created and conformance with applicable provisions of this code has been demonstrated. Exemption Plats may be approved by the Administrator, subject to review by other Town of Vail departments. Please see Section 13 -12, Exemption Plat Review, Vail Town Code for more detailed information. Vail Town Code can be found on the Town's website at www.vailgov.com. Fee: $650 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: _1s�1 1h1ULtIL -4r In► 61TIF OrULC&,,r c-fE Z AtcV caA� to A r 544 0-no Physical Address: V2 2 2 /<L V 1 d C tb2.1\1E Parcel Number: Z IO3 - I2'3 " VZ - 0 &�F5 (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Property Owner: - iPko(,Mb4 Mailing Address: ��� 2 .LPtn�� �tL ►yIF r VA. IL Co { 1!-0, 6-4 Phone: 312 - 3 20 - ?54,6 Owner's Signature: Primary Contact/ Owner Representative: (CFCkX_, 126",5- N f p de-SrIT ;), i Iny Mailing Address: FL 1FQK 2 6A 67 ` esdfit, co rO1163- E -Mail: VN "ael fL mi2p de5r5n-5110 p,1tL_ Fax: Phone: 170 - --39U • gcf3I 11 DP- JAN IS 2013 1 l , C67& For Office Use Only: — "" " --I Cash_ CC: Visa / MC Last 4 CC # Exp. Date: Auth # Check # S 199 Fee Paid: $ inSD.00 Received From: iZ)AvIn SCV4LU.mr,1`1 ► �.i2uS Meeting Date: FE2' . Da a 13 PEC No.: Pnt`_C I.?, o OD 3 Planner: l'.,1�, C . Project No: T' A S I off. - D "1 I O Zoning: Location of the Proposal: Lot: 0 Block: Land Use: Subdivision: VIN I L Vi cf,ABTi t)ef r Fi L )G j ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** TOWN OF VAIL, COLORADOCopy Reprinted on 01 -17 -2013 at 13:23:12 01/17/2013 Statement ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Statement Number: R130000032 Amount: $650.00 01/17/201301:23 PM Payment Method: Check Init: DR Notation: CK# 5199 DAVID MSCHULMAN REV TRUST ----------------------------------------------------------------------------- Permit No: PEC130003 Type: PEC - Exemption Plat Parcel No: 2103 -123- 1205 -1 Site Address: 1772 ALPINE DR VAIL Location: Total Fees: $650.00 This Payment: $650.00 Total ALL Pmts: $650.00 Balance: $0.00 ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- ------------------------ - - - - -- ------ - - - - -- PV 00100003112500 PEC APPLICATION FEES 650.00 ----------------------------------------------------------------------- - - - - -- n • Eagle County Treasurer MISCELLANEOUS CASH RECEIPT Receipt Date: 01/11/2013 Receipt No: 00000478 Print Date: 01/11/13 Page: 1 Received by: CRH TransNo: 91130111144707 Payor MOP Reference Amount Paid MPP DESIGN SHOP Check 1188 $10.00 IN OFFICE TOTAL RECEIVED $10.00 MR CODE MR CODE Description Amount Paid GL Account GL Description Percent COTD CERTIFICATE OF TAXES DUE $10.00 000 1021 0000 0000 0000 C CONTRA CASH 100 000 1031 1000 0000 0000 D CASH DEPOSITED WITH TREAS. - MISC RECPTS 100 001 0001 1020 0000 0000 D CASH WITH COUNTY TREASURER 100 001 0500 0384 0000 1330 C CERTIFICATE OF TAXES DUE 100 001 0500 0386 0000 1390 C OTHER TREASURER FEES 1 001 0590 5615 0000 2100 D 1% TREASURER FEE - GENERAL FUND 1 TOTAL RECEIVED $10.00 Submitted by Received by \�iYU(,w�y --�_ THANK YOU FOR YOUR PAYMENT All payments made by check are subject to final bank clearance. Eagle County Treasurer P.O. Box 479, Eagle CO 81631 Report Date: 01/11/2013 02:45PM EAGLE COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 203 SCHEDULE NO: R057502 ORDER NO: SCHULMAN ASSESSED TO: VENDOR NO: DAVID M. SCHULMAN REVOCABLE TRUST MICHAEL PUKAS 1772 ALPINE DR VAIL, CO 81657 LEGAL DESCRIPTION: Subdivision: VAIL VILLAGE WEST FIL 1 Lot: 10 R928724 MAP 09 -07 -05 R200709525 DEC 04 -13 -07 R200709526 MAP 04 -13 -07 PARCEL: 210312312055 SITUS ADD: 001772 ALPINE DR VAIL AREA TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2012 TAX 8,911.08 0.00 0.00 0.00 8,911.08 TOTAL TAXES 8,911.08 GRAND TOTAL DUE GOOD THROUGH 01111/2013 8,911.08 ORIGINAL TAX BILLING FOR 2012 TAX DISTRICT SC103 - VAIL (TOWN) Authority Mill Levy Amount Values Actual Assessed EAGLE COUNTY, 001 - 011 8.499 1,613.43 LAND 530,200 42,200 COLO MTN COLLEGE (CMC), 012 3.997 758.79 IMPS 1,854,730 147,640 RE50J SCHOOL DIST, 015 - 018 21.362 4,055.36 ------------- - - - - -- ----------------- MINTURN CEMETERY DISTRICT, 043 0.450 85.43 TOTAL 2,384,930 189,840 ERW & SAN DIST WATER SUBDIST, 085 1.584 300.71 EAGLE CTY HEALTH SERVICE, 096 2.023 384.05 TOWN OF VAIL, 036 4.765 904.59 VAIL PARK & RECREATION DIST, 058 3.087 586.04 CO RIVER WATER CONS ERVATION,076 0.242" 45.94 EAGLE RIVER WATER & SAN., 069 0.931 176.74 EAGLE COUNTY CONSERV. DIST,090 0.000 0.00 TAXES FOR 2012 ------- - - - - -- --------------- 46.940` - - - -- 8,911.08 * Credit Levy FEE FOR THIS CERTIFICATE 12.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1, REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 11th day of January, 2013. TREASURER, EAGLE COUNTY, KAREN SHEAFFER, BY: P.O. Box 479, Eagle CO 81631 (970) 328 -8860 / TZ SEAL m Report Date: 01/11/2013 02:43PM EAGLE COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R057502 ASSESSED TO: DAVID M. SCHULMAN REVOCABLE TRUST 1772 ALPINE DR VAIL, CO 81657 LEGAL DESCRIPTION: Subdivision: VAIL VILLAGE WEST FIL 1 Lot: 10 R928724 MAP 09 -07 -05 R200709525 DEC 04 -13 -07 R200709526 MAP 04 -13 -07 PARCEL: 210312312055 SITUS ADD: 001772 ALPINE DR VAIL AREA TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2012 TAX 8,911.08 0.00 0.00 0.00 8,911.08 TOTAL TAXES 8,911.08 GRAND TOTAL DUE GOOD THROUGH 04/30/2013 8,911.08 ORIGINAL TAX BILLING FOR 2012 TAX DISTRICT SC103 - VAIL (TOWN) Authority Mill Levy Amount Values Actual Assessed EAGLE COUNTY, 001 - 011 8.499 1,613.43 LAND 530,200 42,200 COLO MTN COLLEGE (CMC), 012 3.997 758.79 IMPS 1,854,730 147,640 RE50J SCHOOL DIST, 015 - 018 21.362 4,055.36 -- - - - - -- --- - - - - -- MINTURN CEMETERY DISTRICT, 043 0.450 85.43 TOTAL 2,384,930 189,840 ERW & SAN DIST WATER SUBDIST, 085 1.584 300.71 EAGLE CTY HEALTH SERVICE, 096 2.023 384.05 TOWN OF VAIL, 036 4.765 904.59 VAIL PARK & RECREATION DIST, 058 3.087 586.04 CO RIVER WATER CONSERVATION,076 0.242* 45.94 EAGLE RIVER WATER & SAN., 069 0.931 176.74 EAGLE COUNTY CONSERV. DIST,090 0.000 0.00 TAXES FOR 2012 46.940* 8,911.08 * Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1, REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 479, Eagle CO 81631 (970) 328 -8860 Account# Parcel Number R057502 210312312055 �511 EXIT v TRANSACTION DETAIL Year Charge Tran Type Date Amount Payor Unpaid 2012 TAX TAXCHG 01/01/13 8,911.08 0.00 0.00 2011 TAX TAXCHG 01/01/12 8,903.48 0.00 0.00 2011 TAX TAXPMTW 01/25/12 - 8,903.48 DAVID M. SCHULMAN REVOCABLE TRUST 0.00 2010 TAX TAXCHG 01/01/11 9,174.76 TAX 9,153.20 2010 TAX TAXPMTW 01/24/11 - 9,174.76 DAVID M. SCHULMAN REVOCABLE TRUST TAX 2009 TAX. TAXCHG 01/01/10 .9,153.20 2007 2009 TAX TAXPMTW 01/25/10 - 9,153.20 DAVID M. SCHULMAN REVOCABLE TRUST 2008 TAX TAXCHG 01/01/09 3,392.88 0.00 1,798.92 2008 TAX TAXPMTW 01/27/09 - 3,392.88 DAVID M. SCHULMAN REVOCABLE TRUST 0.00 2007 TAX TAXCHG 01/01/08 3,634.28 2007 TAX TAXPMTW 04/29/08 - 3,634.28 DANTAS BUILDERS INC 2006 TAX TAXCHG 01/01/07 1,798.92 2006 TAX TAXPMTW 02/07/07 - 1,798.92 DANTAS BUILDERS SUMMARY Year Charge Tax Interest Fees Payments Unpaid 2012 TAX 8,911.08 0.00 0.00 0.00 8,911.08 2011 TAX 8,903.48 0.00 0.00 8,903.48 0.00 2010 TAX 9,174.76 0.00 0.00 9,174.76 0.00 2009 TAX 9,153.20 0.00 0.00 9,153.20 0.00 2008 TAX 3,392.88 0.00 0.00 3,392.88 0.00 2007 TAX 3,634.28 0.00 0.00 3,634.28 0.00 2006 TAX 1,798.92 0.00 0.00 1,798.92 0.00 2005 TAX 1,679.86 0.00 0.00 1,679.86 0.00 Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY r wW.ITGC. COx Date: 01 -09 -2013 Our Order Number: V50035245 Property Address: 1772 ALPINE DRIVE AKA LOT 10, VAIL VILLAGE WEST FLG 1 VAIL, CO 81657 If you have any inquiries or require further assistance, please contact one of the numbers below: 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 GORE RANGE SURVEYING PO BOX 15 AVON, CO 81620 Attn: SAM ECKER Phone: 970 - 479 -8698 Fax: 970 - 479 -0055 EMail: sam @gorerange.net Sent Via EMail Land Title Guarantee Company Date: 01 -09 -2013 Land Title Our Order Number: V50035245 GUARANTEE COMPANY ry ww.tiGC. Co. Property Address: 1772 ALPINE DRIVE AKA LOT 10, VAIL VILLAGE WEST FLG 1 VAIL, CO 81657 Buyer/Borrower: A BUYER TO BE DETERMINED Seller /Owner: DAVID M. SCHULMAN REVOCABLE TRUST Need a map or directions for your upcoming closing? Checkout Land Title's web site at www.ltgc.com for tnrections to anv of our 54 oince Locations. ESTIMATE OF TITLE FEES TBD Commitment $100.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $100.00 eon CON—T 06/04 THANK YOU FOR YOUR ORDER! LAND TITLE GUARANTEE COMPANY INVOICE NO. VA -6337 Land Tile GUARANTEE COMPANY NWN. ­GC. GC. CO. GORE RANGE SURVEYING PO BOX 15 AVON, CO 81620 Owner: DAVID M. SCHULMAN REVOCABLE TRUST Address: 1772 ALPINE DRIVE AKA LOT 10, VAIL VILLAGE WEST FLG 1 VAIL, CO 81657 Invoice Date: January 09, 2013 Order No. V50035245 Invoice Charges TBD Commitment $100.00 - Amount Due - $100.00 Due and payable upon receipt. For Remittance please refer to Invoice No. VA -6337 Please make checks payable to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Suite 125 Greenwood Village, CO 80111 -4701 First American Title Insurance Company ALTA COMMITMENT Our Order No. V50035245 Schedule A Cust. Ref.: Property Address: 1772 ALPINE DRIVE AKA LOT 10, VAIL VILLAGE WEST FLG 1 VAIL, CO 81657 1. Effective Date: December 26, 2012 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple as to Parcel 1 and an Easement as to Parcel 2 4. Title to the estate or interest covered herein is at the effective date hereof vested in: DAVID M. SCHULMAN REVOCABLE TRUST 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION LEGAL DESCRIPTION PARCEL 1 Our Order No: V50035245 LOT 10, SECOND AMENDED FINAL PLAT, VAIL VILLAGE WEST, FILING NO. 1, A RESUBDIVISION OF LOTS 10, 11 & 12, ACCORDING TO THE PLAT RECORDED APRIL 13, 2007 UNDER RECEPTION NO. 200709526, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 2 THOSE EASEMENT RIGHTS CREATED BY INSTRUMENT RECORDED APRIL 13, 2007 UNDER RECEPTION NO. 200709525. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50035245 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instruments) 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. 2. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF DAVID M. SCHULMAN REVOCABLE TRUST AS A TRUST. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE TRUST WAS CREATED, THE MAILING ADDRESS OF THE TRUST, THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE TRUST AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38 -30 -172, CRS. NOTE: RELEVANT PORTIONS OF THE FULLY EXECUTED TRUST AGREEMENT FOR THE ABOVE -NAMED TRUST MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY PRIOR TO CLOSING SO THAT THE COMPANY CAN CONFIRM THE ACCURACY OF THE STATEMENTS APPEARING IN THE STATEMENT OF AUTHORITY. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. WARRANTY DEED FROM DAVID M. SCHULMAN REVOCABLE TRUST TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND /OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50035245 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: 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. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 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. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 04, 1918, IN BOOK 93 AT PAGE 301. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 04, 1918, IN BOOK 93 AT PAGE 301. 10. RESERVATIONS OF A TEN PERCENT NON - PARTICIPATING ROYALTY INTEREST CONTAINED IN WARRANTY DEED RECORDED OCTOBER 30, 1962 IN BOOK 166 AT PAGE 407. 11. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES AS SHOWN OR RESERVED ON THE RECORDED PLAT OF VAIL VILLAGE WEST, FILING NO. 1. 12. 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, ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50035245 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: 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 OCTOBER 25, 1963, IN BOOK 178 AT PAGE 149 AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 6, 1963, IN BOOK 178 AT PAGE 345. 13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE AMENDED FINAL PLAT, VAIL VILLAGE WEST, FILING NO. 1, A RESUBDIVISION OF LOT 10, 11 & 12 RECORDED SEPTEMBER 7, 2005 UNDER RECEPTION NO. 928724. 14. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE SECOND AMENDED FINAL PLAT, VAIL VILLAGE WEST FILING NO. 1, A RESUBDIVISION OF LOTS 10, 11 & 12 RECORDED APRIL 13, 2007 UNDER RECEPTION NO. 200709526. 15. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION AND RESERVATIONS OF EASEMENTS 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 APRIL 13, 2007 AT RECEPTION NO. 200709525. 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 r 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 recordin the Mal documents from the transaction, exception number 5 will not appear on the Owner s Title icy and the Lenders Policy when issued. Note: Affirmative mechanic's lien rotection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, gection 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 urposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanics and material -men's liens. D The Company must receive payment of the appropriate premium. E If there has been construction, improvements or mayor repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10 -11 -123, notice is hereby given: This notice applies to owner 's policy commitments containing a mineral severance instrument 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 properly without t e 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 settlement or award payable from insurance proceeds shall be reported t ot he 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 Commitment for Title Insurance ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation ( "Company "), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured names in Schedule A, as owner or mortgage of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, First American Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of the Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issued one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules as www.alta.org CC.FA.06 FIRST AMERICAN TITLE INSURANCE COMPANY Dennis J. Gilmore President AMERICAN LAND TITLE ASSOCIATION Secret Kemp ecret�ry