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HomeMy WebLinkAboutDRB090015Design Review Board ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2139 fax: 970.479.2452 GYlWU MITYCEEWELOPMEW web: www.vailgov.com Project Name: DUKE RESIDENCE Project Description: Participants: ADDITION AND REMODEL OWNER DUKE, MEG SHIELDS 4450 S CLARKSON ST ENGLEWOOD CO 80110. APPLICANT PATRICK CASHEN ARCHITECT 4455 E JEWELL AVE #1106 DENVER CO 80222 Project Address: 4868 E MEADOW DR VAIL 01/26/2009 01/26/2009 Location: DRB Number: DRB090015 Legal Description: Lot: 3 Block: 6 Subdivision: BIGHORN 57TH ADDITION Parcel Number: 2101-131-0300-4 Comments: BOARD/STAFF ACTION Motion By: DANTAS Action: APPROVED Second By: GILLETTE Vote: 5-0-0 Date of Approval: 02/18/2009 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: 0 PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond:201 PLAN): DRB approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12-3-3: APPEALS. Cond:202 PLAN): Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Planner: Bill Gibson DRB Fee Paid: $300.00 Additions- Residential or Commercial Application for Design Review JAN 26 2009 N nF vaii General Information: This application is required for all proposals involving the addition of any floor area, including net floor area and/or gross residential floor area (GRFA). This also includes proposals for 'residential 250 additions' and 'interior conversions', Applicable Vail Town Code sections can be found at www.vaoigov.com under Vail Information - Town Code Online. All projects requiring design review must receive approval prior to submitting a building permit application. An application for Design Review cannot be accepted until all required information is received by the Community Development Department, as outlined in the submittal requirements. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design review approval expires one year from the date of approval, unless a building permit is issued and construction commences. Fee: $300 Description of the Request:.j%2V2rm,rM -Few- JAmoW 1n!-% 4- Rsrv-014 1 of- 4101108 ryltddarv We. Addition of IT'77 L sq ft of GRFA (Residential) Addition of sq ft of net floor area (Commercial/ Office) Single Family Duplex Multi-Famil Location of the Proposal: Lot: Block: Subdivision: 0 n Physical Address: 49106 LA4A &w UY, Parcel Number., 2 LO I (?71 05CO4- (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: Mt-& S KCACLS Pn!~~ W Malling Address: 4450 5 . G air' k s on S+h V. r~oclov co 0o i 13 Phone: C303~?~q• I , Owner's Signature: rVW 5110 ~1~'t.t~tA Primary Contact/ Owner Representative: PQ.>}•doic cashe,r% . Gt rr i+,e c+ Mailing Address: Ar7s a . alzm Zl.. AWL --A= IWG t)C1 V(9t• co 50ZZ2. Phone: 30 33 • 15g • cc-'60 E-mail Address: 1)63 1 heri t. 9CXO , C.DYW Fax:.151 . 06972- For Office ILfv Use Only: Cash: CC. V11~C/tFeePail: Check Rcvd From: Meeting Date: DO No.: 0015 Planner: P ect No.: Department of Community Development 75 South Frorjog&4W VBU, SL~57' tel: 97Q.479212 ' *i.9) 52 w+ 1ft%VK.r alr400 TOWN OF VAIL, COLORADO Statement Statement Number: R090000071 Amount: $300.00 01/26/200910:47 AM Payment Method: Check Init: JLE Notation: 1887 MEG SHIELDS DUKE Permit No: DRB090015 Type: DRB - Addition of GRFA Parcel No: 2101-131-0300-4 Site Address: 4868 E MEADOW DR VAIL Location: Total Fees: $300.00 This Payment: $300.00 Total ALL Pmts: $300.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts DR 00100003112200 DESIGN REVIEW FEES 300.00 Duke Residence 4868 Meadow Drive Vail, Colorado Exterior materials JAN 26 2009 TOWN OF VAIL Paint at log siding & lap siding = Benjamin Moore Harbor Gray AC-25 Windows = Marvin Stone White Clad Paint at fascia & roof overhangs = match Marvin window clad Gutters & downspouts = match Marvin window clad Roof = DaVinci Shake Weathered Gary Decking = Trex Origins Pewter Metal at circular stair & deck railing = Benjamin Moore Harbor Gray AC-25 Stone at front screen wall = match existing chimney stone Duke Residence 4868 Meadow Drive Vail, Colorado Project Narrative JAN 26 2009 TOWN OF VAfL This log cabin was originally constructed on the location of the current Vail golf course and moved to its present site. It is a one-story structure with three bedrooms and two baths on the main level. The full basement is partially finished. Slight over a half-acre, the site is between Meadow Drive and Meadow Lane. It has extensive landscaping including spruces, aspens and willows. There are two unenclosed parking spaces off Meadow Drive. The project objectives are an addition for a larger master bedroom suite, a bay area at the living room and two-car garage. With the attached garage, the driveway access is relocated at the street. A deck is proposed at the rear with a circular stair up to a small observation deck. The new GRFA is less than half of the allowable. All exterior materials are intended to match the original ones except the roof. The cedar shakes will be removed and DaVinci synthetic shakes applied in a staggered butt pattern. Windows are clad wood with replacement of the original windows to match. Several trees need to be removed for the addition and new driveway. The removed spruces will be transplanted. For the aspens, the same number of trees removed will be planted as new. Several shrubs will be added the new curbcut location to screen the parking area. Page 1 of 1 Bill Gibson - Re: Duke residence DRB09-0015 From: David Rhoades To: Bill Gibson Date: 01/29/2009 11:42 AM Subject: Re: Duke residence DRB09-0015 Also, Bill, if they wish the old section of the house can be wireless devices to minimize the work in that section. That would be less drywall cut open than if they have to run 110v wire for the building dept. smoke detectors (if monitored system wasn't required). David Rhoades Fire Inspector Vail Fire & Emergency Services Vail CO 81657 970-477-3454 Office 970-688-1714 Cell Bill Gibson 01/28/2009 4:21 PM thanks David Rhoades 01/28/2009 4:20 PM Monitored fire alarm system required in existing and in new addition/garage. System shall comply with NFPA 72 2002 ed.) and VFES Standards. David Rhoades Fire Inspector Vail Fire & Emergency Services Vail CO 81657 970-477-3454 Office 970-688-1714 Cell file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\498196... 01/29/2009 COMMUNITY DEVELOPMENT ROUTING FORM Routed To:Public Works Date Routed:01/28/09 Routed B :Bill Gibson Date Due:02/04/09 Project Name: Duke Project PRJ09-0018 Activity DRB090015 Description of work: addition Address: 4868 Meadow Drive Legal: Lot: 3 Block: 6 Subdivision: Bighorn 5th Status: Approved Approved with conditions ® Denied Comments: Date Reviewed: 1129/09 Fire Department Issues. Need additional review by Fire Department. Replace existing culvert that runs under the driveway. Remove proposed aspen trees from drainage easement along NE property line. Is there any proposed rockfall mitigation? Maximun curbcut width is 24' including tapers. Modify description of concrete slab at the end of the driveway to call out a 4' concrete valley pan with a 2" invert. More comments possible with revisions. cad Page 1 of 1 Bill Gibson - Duke residence DRB09-0015 From: David Rhoades To: Bill Gibson Date: 01/28/2009 4:20 PM Subject: Duke residence DRB09-0015 Monitored fire alarm system required in existing and in new addition/garage. System shall comply with NFPA 72 2002 ed.) and VFES Standards. David Rhoades Fire Inspector Vail Fire & Emergency Services Vail CO 81657 970-477-3454 Office 970-688-1714 Cell file://CADocuments and Settings\Administrator\Local Settings\Temp\XPgrpwise\498085... 01/28/2009 9iAtli0FYAd UTILITY APPROVAL & VERIFICATION E- E~ n JAN 2 F 2009 This form serves to verify that the proposed improvements will not impact any e:dsGng or ptlsed utili to verify serviceavailability and location for new construction and should be used it corijunctio with gird scheduling installations. A site plan,-including grading plan, floor plan, and elevations, shall ~ lowing utilities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UlUr f COMPANIES. If you are unable to obtain comments within that tirneframe please contact The Town of Vail. DevelopertoProvideLotAd&vwZnltormabon. i>UKy-1' CLP-S1'fl1F-t4C- Lot Addrew: 48 E & MUAQo\li DV- subdivision: j~~~ Lot#: 3 Authorized Signstrm Comments Dig 97 6860(tel) 970.46&0672(fax) Contacts: Sam Tolley mmuelAggWX2MnZcom XCEL HIGH PRESSURE GAS 970.262.4076 (tei) 970.468.1401 (fax) Contact: Rich Sisneros HOLY CROSS ENERGY Ae.s Go. Etrlc.'t 970.947.5471(tet)cA"i-r i C t 1'Ams 0970.945.4081 (fax)Z6 Contact Diana Golis XCEL Energy 970.2624038 (fax) 970.2624024 (te l) Contacts: IGt Bogert EAGLE RIVER WATER & SANITATION DISTRICT 970.476.7480 (tel) 970.476.4089 (fax) contmt Fred Haslee asleeDerwsd.ora COMCAST CABLE 970.418.8248 W 970.949.9138 (fax) Contact: Michad Johnson michael ' le.cmxmsLcomt NOTES, L If the utility approval & verification form has signatures from each of the utility companies, and no comments are made directly on the form, or no action is taken within 2 weeks of the Utility's receipt of the form without explanation the Town will presume that there are no problems and the development can proceed. 2. If a utility company has concerns with the proposed construction, the utility representative shall note directly on the utility verification form that there Is a problem which needs to be resolved The Isere should then be detailed in an attached letter to the Toren of Vail. However, please keep in mind that it is the responsibility of the utility company and the applicant to resolve Identifiers problems. 3. These verifications do not relieve the contractor of the responsibility to obtain a Public Way Permit from the Department of Public Works at the Town of Vail. UWftj loco ow must be obtained befam digging in any public right-cf-way or eat within the Town of Vail. A building _ KMR is not a Public Way permit and mist be obtained se:oarately. 44. The Developer is required and agrees to submit any revised drawings to the utilities for re-approval & re-verification if the submitted plans are altered in any way after the authorized signature date (unless otherwise specifically noted within the comment area of this form). Developer's Signature F:lcdevlFORMS1PermilsV M 9%DRBIUUIity Approval OS-28-07.dOC Date SILVERTHORNE HP Fax:19704681401 Jan 26 2009 9:55 P.02 CCU. I JAN 216 2009 ' UTILITY APPROVAL & VERIFICATION 1~(1FY i This form serves to verify that the proposed improvements will not impact any existin or p i Tvrvices; and ISO to verify service availability and location for new construction and should be used in conju ig`yourutility plIn and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the followingt~lities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE U'1')<LITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Developer to Provide Lot Address 868 I~ nformadon. 2 Lot Address: T Subdivision: ? Lot#: Authorized Signature Comments Date QWEST 970.468.6860(tel) 970.468.0672(fax) Contacts: Sam Tooley samgel.tgolev w XCEL HIGH PRESSURE GAS J E Z970.262.4076 970.44688.14011401 (fax)ND Im e^e-r To ScC~,r.,, . Contact: Rich Sisneros AGtc-GnfS °4- c" 1o osneroxr .c m HOLY CROSS ENERGY 970.947.5471 (tel) 970.945.4081 (fax) Contact: Diana Golis doolis0holvcrDss.com XCEL Energy 970.262.4038 (fax) 970.262.4024 (tel) Contacts: Kit Bogert Kathrvn.Boaed!2XCELENERGY.com EAGLE RIVER WATER & SANITATION DISTRICT 970.476.7480 (tel) 970.476.4089 (fax) Contact: Fred Haslee e d.o COMCAST CABLE 970.418.8248 (tel) michaeljohnson@cable.comcast.com 970.949.9138 (fax) Contact: Michael Johnson 1. If the utility approval & verification form has signatures from each of the utility companies, and no comments are made di~rectly on the form, or no action is taken within Z weeks of the Utility's receipt of the form without explanation the Town will presumethattherearenoproblemsandthedevelopmentcanproceed. 2. If a utility company has concerns with the proposed construction, the utility representative shall note directly on the E tility verification form that there is a problem which needs to be resolved. The issue should then be detailed in an attached letter o the Town of Vail. However, please keep in mind that it is the responsibility of the utility company and the applicant to 11 solve identified problems. , 3. These verifications do not relieve the contractor of the responsibility to obtain a Public Way Permit from the Department of Public Works at the Town of Vail. Utility locations must be obtained before digging in any public right-of-way or eas ment within the Town of Vail. A building permit is not a Public Wav permit and must be obtained separately. 4. The Developer is required and agrees to submit any revised drawings to the utilities for re-approval & re-verification if the submitted plans are altered in any way after the authorized signature date (unless otherwise specifically noted within the comment area of this form). Developer's Signature F:\cdevlFORMS1PermitslPlanning\DRB1Utility Approval_08-28-07.doc F Date C I 01/2772009 10:17 FAX 9037590852 PATRICK CASHEN ARCHITECT IM002 r~ 01 28 •09; 1~0; 49A~M; ; 970 476 1089 t% UTILITY APPROVAL & VERIFICATION 70111 This form serves to verify that the proposed improvements will not impact: any ehdWng or proposed udlity sw*w, and also to vw2FV SaWkne availability and location for new construction and should be tmad In caMUieton with preparing your udaky plan and scheduling kstalations. A skte plan, including grading plan, floor plan, and devatiorhs, shall be submitted to the lbllowirg utilities for approval and verifitWon. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILr Y COMPAMM. if you are unable to obtain comments vd tin that timeframe please contact The Town of Vail. Darrabpar to Pl mMe Lot Address; Zmf mafiam- LotAddresa: omen /u cow 1 4- . SuteEvisim.. Lots, 13 mmanes 2M QWESr 970.46OMW(td) 970.466A672(W Wntacis: Sam Taoky EL HIGH PRESSURE GAS 970.262.4076 (td) 970.468.1401(fat() Contact: Rich SS OM m NOLY ENERGY 970.9473471 (K 970.945.4081 (lax) contact Diana Goes d I XCEL Endow 970.262.4036 (fax) 970.262.4024 (td) Contacts: Kit saw icathrion.emertOXCELEMERGY-corn RIVER WATER R SAMITAT30N DISTRICT 970.475.7480 (ten 970.475.4089 (f" Contact Fred Haslet GOMCAF GABLE 970.418.6246 (ten 970.949.9136 (fax) Contact: "Iftet ]ohnson midweLiohnson0imble.comeast.eom L 11 the u6rity approval & veifkadon foorm has signatures from each of the UUILy companies, and no comments are made directly on the farm, or no action is taken within 2 weeks of the Ui"reWpt of the forth without cxplanatlon tim Town wIU presume that ftm arc no problow and dto denlopment can proceed. 7. if a utility a mpany has concerns with the proposed aonstnciion, the utility represeMobve shall note directly on the utlilty vw1fleadon form that them Is a prable. wMch needs to be resolve& The issue should then he detailed in an attached letter to the Town of Vail Wrwever, please beep in rind that R In the responsUlty of the utility company and the applicant to resolve identified problems. 3. Thee verifications do not reiieve the contractor of the respansihimy to obtain a Public Way Permit from the Depiubnent of Public Works at tho Town ofVail. In arty public right-of-way or eminent within the Town of Vail. A 6utidine MMUS In net Public way_eennit and neLst be obtained M&gMXbiv. 4. The Devdopar is required and agrees to submit any mk-Ad deawlrtgs to the uhlidess for re approval a re-verifimuon if the submitted plans are altered in any way after the authorlaed signature date (unless otherwise spedllcally noW within the comment area of this form). Develops Sgnahrre Date 1/ 1 F:1odeNlFO mYa\;%nninooREUMty AppravalM2WAac 01/2772009 10:17 FAX 3037590852 PATRICK CASHEN ARCHITECT fill 003 UTILITY APPROVAL & VERIFECA'TION This form serves to verdyr that the proposed improvements will not Impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling hyrtallatlons. A site plan, including grading plan, floor plan, and elevations shall be submitted to the folWWbg UtUM s corrta OR COMMENTS FROM THE UT1UTY forOMPAoval and y oarcun. pLU F. ALLOW comments ~ n thatttM FOR APPROVAL C DeVWgpW W AWVFde Lac Addra4s lnfamotion: Lot Address' W bR-,- SubdwWoni Lot#:- a teAuthorizadSlansiriroT 970 4458.68Wtd) 9MA68.0672(fax) Contacts; Sam Tooley NMI Coed XCEL HIGH PRESSURE "S 970.262.4076 (tel) 970.468.1401 (fax) Contaw RICK Sisneros richard Com HOLY CROSS ENERGY 970.947.5471(tel) 97ti.945.4081(%x) caluxC Diana GOII$ xCEL Energy 970.262.4036 (fax) 970,767..4074 (tee Conl,acts: Kit Bogert EAGLE ATER& SANIYAT1= DLSrF= 970.476.7480 (tel) 970.476.1089 (face) Contact:. Fred Nasiee tine COMCASf CABLE 970.118.8248 (tel) 970.949.9138 (fax) Contact: Michad 3ohnson n 1,-h of inhrmm0rmh1F-MMCaMC0m NOTE& 1 utility approval & verification form has signatures from each of the utility companies , and no comments are made directly an the form, or no action is taken within 2 weeks of the utility's receipt of the form vritllout explanation the Town will presume that there are no problems and the development ran procrsed. L If a utility company has concerns with the proposed construction, the utility representative shall note directly on the utility verification form that there Is a problem which needs io be resolved. fine issue should then be detailed in an attsched letter to the Town of Vail. However, please keep In mind that it is the responsibility of the utility company and the applitartt to resolve identified problems. S. These vedflWlons: do not relieve the corbamr of the responsibility to obtain a %Mc any Way publicitftftmmt~ ~ae~~t Public Works K the Tom of Vail. within the Town of Vail. 4. The Developer Is required and agrees to submit any revised drawings to the utilities for reapproval & re•verKt®tlon W the suhmittrA plans are altered in any way after the authorized signature date (uniess otherwise spacr=lly now within the comment area of this form). Developees Signature F,WO, tFOpAMpemh%piarvringlDF6W oty App val. 06.26.07.doe 2L_ v..ive.. a'A0000VO&O aN"ONiASSIA"As lsaewl WoWA O Y C m s i- vr o N O a w 3N 3: >N E a c as 0 co cc O p 0 N NVw° m LL o f a. 0- n 0`o,,na V Hu~N® L L NCMXMOU LL at[lmME 4 T00Z 13HIIHOU HHHSVD HOINIVd 929069LCOC %Va LT:OT 6009/LZ/TO Duke Residence 4868 Meadow Drive Vail, Colorado JAN 26 2009 TOWN OF VAIL Photographs of existing structure adjacent structures Adjacent house to west House across Meadow Drive r . House across Meadow Drive House across Meadow Lane 4 i1 - Y- 4868 Meadow Drive, rear LA~ ! 4868 Meadow Drive, west side e't,'"~ . 4868 Meadow Drive, northwest corner i y m 4 to All ir, t w9 a Adjacent house to east 4868 Meadow Drive, front p NNW 4868 Meadow Drive, east side Page 1 of 2 Bill Gibson - Re: 4868 Meadow Drive DRB submittal From: Bill Gibson To: Patrick Cashen Date: 02/13/2009 3:42 PM Subject: Re: 4868 Meadow Drive DRB submittal Hey Patrick, Here is a summary of the comments from the Fire and Public Works Departments: Fire: Monitored fire alarm system required in existing and in new addition/garage. System shall comply with NFPA 72 (2002 ed.) and VFES Standards. PW: Replace the existing culvert that runs under the driveway. Remove the proposed aspen trees from the drainage easement along the NE property line. The driveway must be revised to have a maximun curbcut width of 24 feet (including tapers). Modify the description of concrete slab at the end of the driveway to call out a 4' concrete valley pan with a 2" invert. Please submit a revised site plan (paper or electronic pdf) addressing these comments to my attention prior to the Design Review Board hearing. Thanks, Bill Bill Gibson, AICP Town Planner Town of Vail p:970-479-2173 f: 970-479-2452 Patrick Cashen <pcashen@pcaco.com> 02/13/2009 3:09 PM Bill, Thanks, the stakeout is arranged & either I or the owner, or both, will be at the hearing at 3:00 on the 18th. Pat Hey Patrick, I'm trying to gather up any comments from our other reviewing departments for you before the end of the day. The Design Review Board will be reviewing this application next Wednesday, February 18th and will be conducting a site visit sometime between 1:00pm and 3:00pm. The public hearing for this application is scheduled for 3:00pm in the Town Council Chambers. Please make arrangements for you, or another representative, to be present at the hearing. file://CADocuments and SettingsUdministratorTocal Settings\Temp\XPgrpwise\499594... 02/13/2009 October 03, 2008 Land Title GUARANTEE COMPANY BRUCE WILLARD 1111 MISSION RIDGE ROAD SANTA BARBARA, CA 93103 Subject: Attached Title Commitment 50023803 for Lot 5, Block 2, Vail Village Piling 3, Lot B Duplex, Aka 45 BRUCE WILLARD, Congratulations on your contract for purchasing the property listed above. Attached please find a copy of Land Title's commitment to provide title insurance for your transaction. This commitment consists of three parts: Schedule A discloses your name(s) as you intend to take title to the property, the purchase price, your lender and/or loan amount if known at this time, the seller(s) name(s) and the legal description of the property under contract. Schedule B, Section 1 (the Requirements) discloses items that need to be resolved before or at the closing. We have begun the process of making sure these requirements are met and we will contact you if we require any additional information. Schedule B, Section 2 (the Exceptions) discloses other interests in the property, such as easements and covenants, that we will be taking exception to in the title policy. If covenants are listed, copies will be provided for your review. Please be aware that you may receive additional copies of this title commitment if we receive new information pertaining to your transaction. In the event that you receive subsequent commitments, the changes we have made from the previous version will be underlined so you will be able to easily identify what information is new. In addition, we have also enclosed an informational sheet explaining residential title insurance. Land Title Guarantee Company is proud to partner with your agent, WILLIAM WILTO of RE/MAX VAIL VALLEY INC, in this transaction. We will be working as a team to answer your questions, to resolve any issues if they arise, and to complete your transaction by providing you with a friendly and professional closing. Sincerely, Jennifer Nolan 108 S Frontage Rd W #203 Vail, Co 81657 TITLE.LETTER.BUYBR Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY Date: 10-03-2008 Our Order Number: V50023803 Property Address: LOT 5, BLOCK 2, VAIL VILLAGE FILING 3, LOT B DUPLEX, AKA 454 BEAVER DAM RD. VAIL, CO 81657 If you have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: Jennifer Nolan 108 S FRONTAGE RD W #203 VAIL, CO 81657 Phone: 970-477-4535 Fax: 877-375-5025 EMail: jnolanCitgc.com For Title Assistance: Vail Title Dept. Sara Corcoran 108 S FRONTAGE RD W #203 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4732 EMail: sorcoran@ltgc.com BRANDESS-CADMUS REAL ESTATE *TMX* 281 BRIDGE ST VAIL, CO 81657 Attn: ANNA MARIA HOCHFILZER Phone: 970-476-1450 Fax: 970-476-3188 Copies: 1 Entail: anemarkasi@aol.com Linked Commitment Delivery DAVID H. PEASE, JR SELF DEC OF TRUST 1735 PEACHTREE ST. 329 ATLANTA, GA 30309 Sent Via US Postal Service LAND TITLE GUARANTEE COMPANY 108 S FRONTAGE RD W #203 VAIL, CO 81657 Attn: Jennifer Nolan Phone: 970-476-2251 Fax: 970-476-4534 EMail: jnolan@ltgc.com RE/MAX VAIL VALLEY INC *TMX* 0056 EDWARDS VILLAGE BLVD. SUITE 214 EDWARDS, CO 81632 Attn: WILLIAM WILTO Phone: 970-766-7355 Fax: 970-766-6448 Copies: 1 Entail: wilto@vail.net Linked Commitment Delivery BRUCE WILLARD 1111 MISSION RIDGE ROAD SANTA BARBARA, CA 93103 Phone: 805-892-2454 Sent Via United Parcel Service 50023803*1 Land Title Guarantee Company Date: 10-03-2008GPdOurOrderNumber: V50023803 Property Address: LOT 5, BLOCK 2, VAIL VILLAGE FILING 3, LOT B DUPLEX, AKA 454 BEAVER DAM RD. VAIL, CO 81657 Buyer/Borrower: BRUCE A.L. WILLARD LIVING TRUST, U/A 11/11/93 Seller/Owner: DAVID H. PEASE, JR. SELF DECLARATION OF TRUST DATED JULY 30, 1998 Wire Information: Bank: FIRSTBANK OF COLORADO 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 Phone: 303-237-5000 Credit: LAND TITLE GUARANTEE COMPANY ABA No.: 107005047 Account: 2160521825 Attention: Jennifer Nolan Need a map or directions for your upcoming closing? Check out Land Title's web site at www.Itgc.com AUl un ccLmUna W uuy Ul UUr 09 ULUMM luca um. ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 (Reissue Rate) Deletion of Exceptions 1-3 (Owner) Deletion of General Exception 4 (Owner) Tax Report R007019 Zt Land Title Guarantee Company ri11 be closing this transaction, above lees will be collected at that time. TOTAL 6,715.00 40.00 10.00 25.00 6,790.00 Yom cmrA= D[/U{THANK YOU FOR YOUR ORDER! Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50023803 Schedule A Cust. Ref.: Property Address: LOT 5, BLOCK 2, VAIL VILLAGE FILING 3, LOT B DUPLEX, AKA 454 BEAVER DAM RD. VAIL, CO 81657 1. Effective Date: September 24, 2008 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: ALTA" Owner's Policy 06-17-06 $8,700,000.00 Proposed Insured: BRUCE A.L. WILLARD LIVING TRUST, U/A 11/11/93 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: DAVID H. PEASE, JR. SELF DECLARATION OF TRUST DATED JULY 30, 1998 5. The Land referred to in this Commitment is described as follows: LOT B, A RESUBDIVISION OF LOT 5, BLOCK 2, VAIL VILLAGE -THIRD FILING, ACCORDING TO THE PLAT RECORDED FEBRUARY 6, 1986 IN BOOK 436 AT PAGE 36, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 Requirements) Our Order No. V50023803 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: 1. PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT IMPROVEMENT LOCATION CERTIFICATE OF SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY FOR DELETION OF GENERAL EXCEPTIONS 1-3. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. NOTE: ANY MATTERS DISCLOSED BY SAID IMPROVEMENT LOCATION CERTIFICATE WILL BE REFLECTED ON SAID POLICY(S) TO BE ISSUED HEREUNDER. NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID IMPROVEMENT LOCATION CERTIFICATE. 2. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 3. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF BRUCE A.L. WILLARD LIVING TRUST, U/A 11/11/93 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. 4. RELEASE OF DEED OF TRUST DATED NOVEMBER 19, 2007 FROM DAVID H. PEASE, JR. SELF DECLARATION OF TRUST DATED JULY 30, 1998 TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF CADDO EAST ESTATE I, LTD., A TEXAS LIMITED PARTNERSHIP TO SECURE THE SUM OF $4,700,000.00 RECORDED NOVEMBER 21, 2007, UNDER RECEPTION NO. 200730763. 5. WARRANTY DEED FROM DAVID H. PEASE, JR. SELF DECLARATION OF TRUST DATED JULY ALTA COMMITMENT Schedule B - Section 1 Requirements) Our Order No. V50023803 Continued: 30, 1998 TO BRUCE A.L. WILLARD LIVING TRUST, U/A 11/11/93 CONVEYING SUBJECT PROPERTY. NOTE: AFFIDAVIT/STATEMENT OF AUTHORITY RECORDED NOVEMBER 21, 2007 UNDER RECEPTION NO. 200730762 DISCLOSES DAVID H. PEASE, JR. AS TRUSTEE(S) WHO MAY ACQUIRE, CONVEY, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID TRUST. THE FOLLOWING DELETIONS/MODIFICATIONS ARE FOR THE OWNER'S POLICY. NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS WILL BE DELETED UPON RECEIPT OF AN APPROVED IMPROVEMENT LOCATION CERTIFICATE. MATTERS DISCLOSED BY SAID IMPROVEMENT LOCATION CERTIFICATE MAY BE ADDED TO SCHEDULE B-2 HEREOF. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF DAVID H. PEASE, JR. SELF DECLARATION OF TRUST DATED JULY 30, 1998. CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF BRUCE A.L. WILLARD LIVING TRUST, U/A 11/11/93. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES AND ASSESSMENTS, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2008 AND SUBSEQUENT YEARS ALTA COMMITMENT Schedule B - Section 2 Exceptions) Our Order No. V50023803 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. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 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. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 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 SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 10. 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 MARCH 25, 1963, IN BOOK 174 AT PAGE 575. ALTA COMMITMENT Schedule B - Section 2 Exceptions) Our Order No. V50023803 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: 11. TERMS, CONDITIONS AND PROVISIONS OF TOWNHOUSE DECLARATION 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 FEBRUARY 06, 1986 IN BOOK 436 AT PAGE 37. 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RESUBDIVISION PLAT RECORDED FEBRUARY 6, 1986 UNDER RECEPTION NO. 332289. 13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF VAIL VILLAGE THIRD FILING. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top 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. 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. Form DISCLOSURE 09/01/02 NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies / Chicago Title Insurance Company Security Union Title Insurance Company July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that m2kin you aware of how we use your non-public personal information ("PersonalInformation"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the publicthatweserve. This Privacy Statement provides that explanation. We reserve the right to change this PrivacyStatementfromtimetotimeconsistentwithapplicableprivacylaws. In the course of our business, we may collect Personal Information about you from the following sources: From applications or other forms we receive from you or your authorized representative;From your transactions with, or from the services being performed by, us, our affiliates, or others;From our internet web sitesi From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. ;We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: to agents, brokers or representatives to provide you with services you have requested; to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are requiredbylawtodoso, 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. One of the important responsibilities of some of our affiliated companies is to record documents in the publicdomain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to requestcorrection, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Companyshallbeinwriting, and delivered to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real Suite 220 Santa Barbara, CAA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Form PRIV.POI.CHI 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.LTM Commitment to Insure ALTA Commitment - 2006 Rev. CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company for a valuable consideration, commits to issue its poky or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee 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 Schedule A and B and to the Conditions of this Commitment. This Commitment shah 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. AN liability and obligation under this commitment slid cease and terminate son months after the Effective Date or when the poky or policies committed for sbal issue, whichever first occurs, provided that the failure to issue such policy or pokies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shell include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, enaanbrance, 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 Company in writing, the Company shag 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 In med shelf 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 shag not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulotions. 3. Liability of the Company under this Commitment shag be only to the named proposed Insured and such parties included under the definition of 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 shag 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 the 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 issue one or more title insurance pokies and is not an abstract of title or a report of the condition of tide. 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 most be based on end are subject to the provisions of this Commitment. 5. Notwithstanding anything to the contrary in this Commitment, if the poky to be issued is other then an ALTA Owner's Poky (6117106) or ALTA Loan Poky 16117106L the policy may not contain an arbitration clause, or the temp of the arbitration clause may be different from those set forth in this Commitment. If the poky does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company of the Insured as the exclusive remedy of the parties. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the public: records. 2 Easements, or claim of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary fines, shortage in area, encroachments, and 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 theretofore or hereafter fumished, imposed by law and not shown by the public: records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, crated, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed inured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Chicago 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 to be valid when countersigned by a validating officer or other authorized signatory. A,tt Nq - ?o~~ Authorized Officer or Agent CC.CHLO6 CHICAGO TITLE INSURANCE COMPANY 10NSU n / A&\ poaRl.,P. 0 ( 1VCfi,-~ f /1/f!/ Vim" s i President SEAL 'r Secretary Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY Date: 01-24-2009 Our Order Number: V50024678 Property Address: 4868 E. MEADOW DRIVE VAIL, CO 81657 Ifyou have any inquiries or require further assistance, please contact one of the numbers below. For Title Assistance: Vail Title Dept. 108 S FRONTAGE RD W #203 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4732 MEG SHIELDS DUKE 4450 S. CLARKSON ST. ENGLEWOOD, CO 80110 EMail: dukecolo@aol.com,pcashenCa)pcaco.com Linked commitment Delivery i Land Tide Guarantee Company rnd-ritle Date: 01-24-2009 Our Order Number: V50024678 GUARANTEE COMPANY Property Address: 4868 E. MEADOW DRIVE VAIL, CO 81657 Buyer/Borrower: MEG SHIELDS DUKE Seller/Owner: MEG SHIELDS DUKE Need a map or directions for your upcoming closing? Check out Land Title's web site at www.Itgc.com for dwecnons to an of our 54 voice lucauuns. ESTIMATE OF TITLE FEES TBD Commitment $250.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $250.00 ram CMrMkCr 06/04 THANK YOU FOR YOUR ORDER! LAND TITLE GUARANTEE COMPANY land Title INVOICE GUARANTEE COMPANY Owner: MEG SHIELDS DUKE Property Address: 4868 E. MEADOW DRIVE VAIL, CO 81657 Your Reference No.: When referring to this order, please reference our Order No. V50024678 CHARGES- TBD Commitment $250.00 Total-- $250.00 Please make checks payable to: Land Title Guarantee Company P.O. Box 5440 Denver, CO 80217 Chicago Title Insurance Company r ALTA COMMITMENT Our Order No. V50024678 Schedule A Cust. Ref.: Property Address: 4868 E. MEADOW DRIVE VAIL, CO 81657 1. Effective Date: January 15, 2009 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: TBD" Commitment $0.00 Proposed Insured: MEG SHIELDS DUKE 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: MEG SHIELDS DUKE 5. The Land referred to in this Commitment is described as follows: LOT 3, BLOCK 6, BIGHORN SUBDIVISION, FIFTH ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 Requirements) Our Order No. V50024678 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 Exceptions) Our Order No. V50024678 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records`. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching to the subsequent 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. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency tha may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 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 SEPTEMBER 13, 1902, IN BOOK 48 AT PAGE 491. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 13, 1902, IN BOOK 48 AT PAGE 491. 10. 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 NOVEMBER 25, 1966, IN BOOK 175 AT PAGE 445. ALTA COMMITMENT Schedule B - Section 2 Exceptions) Our Order No. V50024678 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: 11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF BIGHORN SUBDIVISION, FIFTH ADDITION. 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, 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, 1966, IN BOOK 175 AT PAGE 445. 13. DEED OF TRUST DATED NOVEMBER 01, 2002, FROM MEG SHIELDS DUKE TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF PREMIER MORTGAGE GROUP, LLC. TO SECURE THE SUM OF $300,700.00 RECORDED NOVEMBER 08, 2002, UNDER RECEPTION NO. 812989. SAID DEED OF TRUST WAS ASSIGNED TO FRANKLIN AMERICAN MORTGAGE COMPANY IN ASSIGNMENT RECORDED NOVEMBER 08, 2002, UNDER RECEPTION NO. 812990. SAID DEED OF TRUST WAS ASSIGNED TO MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. IN ASSIGNMENT RECORDED MAY 07, 2003, UNDER RECEPTION NO. 832681. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top 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. 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. Form DISCLOSURE 09/01/02 NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies / Chicago Title Insurance Company Security Union Tide Insurance Company July 1, 2001 We ecognize and res ect the privacy expectations of today's consumers and the requirements of applicable federal and state r privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information' an d to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: From applications or other forms we receive from you or your authorized representative; From your transactions with, or from the services being performed by, us, our affiliates, or others; From our internet web sites; From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: to agents, brokers or representatives to provide you with services you have requested; to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or dive us permission, when we are required by law to do so, 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. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Company shall be in writing, and delivered to the following address: Privacy Compliance Officer Fideli ty National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Form PRIV.POL.CHI 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. Fom PRIV. PM. LTG. 1 Commitment to Insure ALTA Commitment - 2006 Rev. CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the 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 named in Schedule A, as owner or mortgagee 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 Schedule 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 sic months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such poicy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 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 acquires actual knowledge of arty 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 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 murder this Commitment shall be only to the named proposed Inured and such parties included under the definition of 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 exception 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 mount stated in Schedule A for time policy or policies r ormnitted for and such liability is subject to the insuring provision and the Condition and Stipulations and the Exclusion 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 conunitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or action or rights of action that the proposed Inured may have or may bring against the Company arising out of the status of time 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 provision of this Commitment. 5. Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6117106) or ALTA Loan Policy (6117106), the policy may not contain an arbitration clause, or the terms of the arbitration dause may be different from those set forth in this Commitment If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company of the Insured as the exclusive remedy of the parties. STANDARD EXCEPTIONS In addition to the matters contained in the Condition and Stipulation and Exclusion from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the pubic records. 3. Discrepancies, conflicts in bourdary Ones, shortage in area, encroachments, and 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 theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, hen, 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. IN WITNESS WHEREOF, Chicago TO Insurance Company has caused its corporate name arid seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Authorized Officer or Agent CC.CHLO6 CHICAGO TITLE INSURANCE COMPANY hNSU>~N ~ j{ /I n mr0z~GpRPO/Z9FO / ' 1~ i i President SEAL Secretary Duke Residence 4868 Meadow Drive Vail, Colorado Exterior light fixtures D [ E C E 11 M~n JAN 2g 2009 TOWN OF VAIN A = Ultralights: 9709 bronze finish, 60 watts B = Deck Rail Lighting: cast brass post light, matte bronze finish lJI_~h`I home products luminosos 9709 products finishes/diffusers custom our refs worranty side front t~h prof W , 18.5"h x 6.75"w x 8"proj 1 x 60W Incandescent Candelabra Dry Location Metal Shade modified sizes and lamping available. call with questions or to recieve a quote. view spec sheet (A print page Q email this page 0 view diffusers 0 view finishes Choose Finish Quantity: 1 Add to Portfolio Deck Rail Lighting http://www.thedecklightstore.com/Estes-Cast-Brass-Deck... 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