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Home My WebLink AboutPEC1300100, JJN17'Y DEEVEDWYAMENT Planning and� Environment4l Commisson 71 F 0 S IV Project Name: Casolar Vail Variance Project Description: Participants: IIDepai'lment allif Communit, y IIDevelopment", 75 S uu h ii ,'0 n a d, Vail, ora do 1 W 7" t",, : 970.479.2.139 f 970.479.24.52, b :� www. iiii l PEC Number: PEC130010 VARIANCE TO SECTION 12 -6E -8 (RESIDENTIAL CLUSTER /DENSITY CONTROL) TO ALLOW FOR THE CONSTRUCTION OF SINGLE - FAMILY RESIDENCES ON LOTS 4 AND 5 OF CASOLAR VAIL OWNER ANDERSON, TODGER 1200 ACOMA 406 DENVER, CO 80204 APPLICANT BRAUN ASSOCIATES, INC 225 MAIN STREET, SUITE G - 002 EDWARDS CO 81632 License: C000001546 02/25/2013 02/25/2013 Phone: 970 - 926 -7575 Project Address: 1183 CASOLAR DEL NORTE DR VAIL Location: VACANT LOTS 4 & 5 Legal Description: Lot: Block: Subdivision: CASOLAR VAIL Parcel Number: 2103 - 121 - 0100 -3 Comments: See conditions Motion By: Kurz Second By: Hopkins Vote: 6 -0 -0 Conditions: BOARD /STAFF ACTION Action: APPROVED Date of Approval: 01/30/2014 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. Planner: Warren Campbell PEC Fee Paid: $500.00 TOWN OF VAII' D C IRod�D FEB 25 2013 zw TOWN OF VA L Department of Community Development 75 South Frontage Road Vail, CO 81657 Tel: 970 - 479 -2128 www.vailgov.com Development Review Coordinator Variance Request Application for Review by the Planning and Environmental Commission General Information: Variances may be granted in order to prevent or to lessen such practical difficulties and unneces- sary physical hardships as would result from the strict interpretation and /or enforcement of the zoning regulations incon- sistent with the development objectives of the Town of Vail. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or condi- tions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. The Vail Town Code can be found on the Town's website at www.vailgov.com The proposed project may also require other permits or applications and /or review by the Design Review Board and /or Town Council. Fee: $500 Description of the Request: Variance to section 12 -6E -8 (Residential Cluster /Density Control) to allow for the construction of a single - family residences on Lot 4 and Lot 5 of Casolar Vail. Refer to the accompanying project narrative for more information. Physical Address: 1183 Casolar Del Norte Drive and 1191 Casolar Del Norte Drive Parcel Number: R838584 and R838584 Property Owner: Todger Anderson (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Mailing Address: 1200 ACOMA 406 DENVER, CO 80204 Phone: (970) 476 -7766 Owner's Signature: Primary Contact/ Owner Representative: Tom Braun /Braun Associates, Inc. Mailing Address: 225 Main Street Suite G -2 Edwards, CO 81632 E -Mail: tom @braunassociates.com Phone: 970 926 -7575 Fax: 970 926 -7576 For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Exp. Date: Authl# Check #� S z Fee Paid: Received From: -� Meeting Date: PEC No.: P w Planner: Project No: V3 -0O- Zoning: Land Use: Location of the Proposal: Lot: Block: Subdivision: l�Gt l C at -Z oL � ZL � too( TOWN OF VAIL, COLORADO Statement Statement Number: R130000113 Amount: $500.00 02/25/201302:59 PM Payment Method: Check Init: LC Notation: #7532 / TODGET ANDERSON ----------------------------------------------------------------------------- Permit No: PEC130010 Type: PEC - Variance Parcel No: 2103 - 121 - 0100 -3 Site Address: 1183 CASOLAR DEL NORTE DR VAIL Location: VACANT LOTS 4 & 5 Total Fees: $500.00 This Payment: $500.00 Total ALL Pmts: $500.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- ------------------------ - - - - -- ------ - - - - -- PV 00100003112500 PEC APPLICATION FEES 500.00 TOWN OF VAIL' THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12 -3 -6, Vail Town Code, on March 25, 2013 at 1:00 pm in the Town of Vail Municipal Building. A request for the review of a variance from Section 12 -6E -8, Density Control, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an increase in dwelling units per acre to facilitate the construction of two single - family residences, located at 1183 and 1191 Casolar Del Norte Drive /Lots 4 and 5, Casolar Vail, and MA«� setting forth details in regard thereto. (PEC130010) 031c,03 Applicant: Todger Anderson, represented by Tom Braun Cf;,. Planner: Rachel Dimond The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend site visits. Please call 970 - 479 -2138 for additional information. Sign language interpretation is available upon request, with 24 -hour notification. Please call 970 - 479 -2356, Telephone for the Hearing Impaired, for information. Published March 8, 2013 in the Vail Daily. CASOLAR VAIL DENSITY VARIANCE APPLICATION September 2013 The purpose of this report is to provide information on a density variance proposed for Lots 4 and 5 of Casolar Vail. The following information is provided: • Summary of request • Background on Casolar Vail • Future Development of Lots 4 and 5 • Alternatives to proposed review processes • Evaluation of variance review criteria This application has been submitted by Todger Anderson (owner of Lots 4 and 5 of Casolar Vail) in conjunction with the Casolar Vail Homeowners Association. Summary of Request Lots 4 and 5 are platted, undeveloped lots within the Casolar Vail project. Due to a number of very unique circumstances (further described below), there is no remaining development potential necessary to allow for the construction of dwelling units on these two platted lots. This variance request to Section 12.6E.8 of the Vail Municipal Code (Density Control section of Residential Cluster (RC) Zone District) is proposed to re- establish development potential to allow for the construction of single family dwelling units on Lots 4 and 5 of Casolar Vail. The diagram below provides a context map for the Casolar Vail Droiect. Casolar Vail Context Map Density Control Variance Request Casolar Vail Lots 4 and 5 Background on Casolar Vail A review of Town of Vail files on Casolar Vail indicates that this project has an extensive and arguably complex history with respect to zoning and the development review process. This would appear to in part be due to the fact that zoning and annexation of the property was done in the late- 1970's; a time when Vail was under intense pressure from growth and development. In addition, files indicate that this was the first RC project to be reviewed and approved by the Town and that at that time neither the applicant nor the Town was prepared for dealing with the nuances of monitoring the development of a "cluster development" project. The challenges of this project are well - characterized by a staff memo for a 1981 variance request (for the adjoining Casolar II project) which stated "the applicant appears to be the innocent third party victim of extensive mis- handling of the project on the part of Mr. Knox (original developer) " and that "there never was a clear understanding on the part of staff as to the allocation of GRFA — aggregate or per unit ". In 1978 the applicant proposed and the Town approved a plat that created 10 small lots. A copy of this plat is found on the following page and Lots 4 and 5 are highlighted. Each of these ten lots are 2400 SF in size and as such none of them meet the minimum lot size prescribed by the RC Zone District. Given their size, these lots were essentially "building envelopes ", however, they were platted as fee simply properties and each were ultimately sold to individual owners with the understanding that they could be developed within the parameters established by town zoning and the Casolar at Vail CCR's. It was the intention of the project approvals in 1978 and as established in the Casolar CCR's that Lot 4 was to be developed with a single family home and Lot 5 was to be developed with a duplex. Inherent in the "cluster development" approach to the project was the fact that the development potential Casolar was to be determined based on the entire project area and development potential was then to be allocated to individual lots. While the lack of monitoring of development at Casolar as it occurred over time is an important part of the history and problems associated with this project, the real issue at hand are the implications from the 1979 change to the density control section of the RC district which effectively reduced the allowable development potential after the Casolar plat was approved by the Town. The key factors relative to the background of Casolar Vail and the proposed variance request are: • The Casolar Vail plat (refer to next page) was approved in February of 1978 and created 10 fee simple lots with common access and common areas surrounding all lots. This final plat approval arguably established a "vested right" for the development of homes on each of these ten lots. • A total of 19 dwelling units were proposed - the applicants CCR's designated Lots 1 -3 and 5 -10 as duplex lots and Lot 4 was designated a single family lot. The 19 units were equal to what the RC zoning allowed at that time (3.2 acre site at 6 units per acre equals 19 units). Density Control Variance Request Casolar Vail Lots 4 and • CCR's established by the applicant established a maximum GRFA of 1,690SF per unit. This SF equates to a total of 32,110 SF, a square footage that was within what RC zoning would have allowed at that time. • In January of 1979 the Town modified the Density Control section of the RC district such that density was based on "buildable acres" of a site, not the gross acreage of a site. This change meant areas of steep slope did not count towards density calculations, effectively reducing allowable dwelling units from 19 to 14. • Between roughly 1979 to 1981 the town approved building permits for duplexes on eight of the lots comprising 16 total dwelling units. These 16 units exceeded the 14 units permissible by zoning after the change to density control. Density Control Variance Request Casolar Vail Lots 4 and 5 - _ 71— \\ \� I 1978 plat for Casolar Vail created ten lots. Density Control Variance Request Casolar Vail Lots 4 and 5 -4 Go N Qd Ix 4 ✓ice yj� " C> ...�� ;g�. 09 O !0 z Z d Q N 1 Q m LL 1 rte:' o 05 u 5iZ _ I WE O z > y m rvi O } p - _ 71— \\ \� I 1978 plat for Casolar Vail created ten lots. Density Control Variance Request Casolar Vail Lots 4 and 5 -4 The applicant for the variance request, Todger Anderson, has owned the subject properties since the early 1990's. A few years ago Mr. Anderson inquired with Town staff about the development potential of Lots 4 and 5. Mr. Anderson was told that all allowable GRFA and dwelling units for Casolar had been utilized. In response, the Homeowners Association commissioned a detailed topographic survey of the property to determine the project's buildable area. Mr. Anderson then retained Braun Associates, Inc. to evaluate the project's allowable GRFA dwelling units. GRFA Allowable GRFA based on the new site specific topographic survey is 37,800 SF. Based on square footage calculations of each existing unit the total existing GRFA within the project is 29,950 SF. As such, based on the CCR square footage maximum of 1,690 SF (or 5,070 for the three units), sufficient GRFA exists for the future development of Lots 4 and 5. However, Casolar is considered to be non - conforming with respect to density control because zoning allows for 14 dwelling units and 16 dwelling units currently exist. This also means there is no development potential available for the development of Lots 4 and 5. Density — Allowable Dwelling The 1979 change to the density control section of the RC zone district reduced the allowable number of dwelling units from 19 to 14. Between 1979 and 1981 the Town approved sixteen dwelling units and as such the existing density is not in conformance with allowable density. As such there is no remaining development potential for Lots 4 and 5. While changes to development regulations can often affect a property's development opportunities, in this case the change to density control eliminated all development rights on these two platted lots. The variance process was deemed to be the most appropriate and efficient means of remedying this extremely unique situation. Future Development of Lots 4 and 5 There is no development proposed at this time on Lots 4 or 5. With approval of this variance request the development potential of Lots 4 and 5 will be re- established in accordance with the original intention of the 1978 plat for Casolar. Prior to any development of these lots, review and approval of the new homes will be required by the Casolar Del Norte HOA and by the Town of Vail Design Review Board. It should be noted that while the original plans for Lots 4 and 5 included one single family residence of 1,690 SF and one duplex of 3,380 SF (for a total of 5,070 SF), development proposed by the applicant is for single family dwelling units on each lot with each dwelling unit being allowed up to 2,535 SF of GRFA (splitting the allowable 5,070SF between the two units). Density Control Variance Request Casolar Vail Lots 4 and 5 Alternatives to Proposed Review Process The goal of the applicant is to re- establish the development rights for Lots 4 and 5 in accordance with the original intentions of the Casolar Vail plat. The variance process is in place, in part to address "exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties ". The situation with Lots 4 and 5 would certainly qualify as an exceptional or extraordinary circumstance. Other alternatives considered for resolving this situation included: • Special Development District The SDD process could be used to increase allowable development potential at Casolar Vail. However, given all factors involved this process would be unnecessarily burdensome. Re -zone to Medium Density Residential (MDMF) Re- zoning to MDMF would allow 9 units per acre and create development potential for Lots 4 and 5. However, this re- zoning would also increase allowable GRFA to 44 SF per 100 SF of buildable area, a 22% increase over existing. This overall increase to development potential would likely create other unintended consequences. • Code Amendment The RC district could be amended in order to allow for more units per acre than currently provided. This amendment would affect many other properties and as such was not considered a viable way to address this situation. The variance process would clearly be the most efficient and appropriate avenue for resolving this situation. Evaluation of Variance Review Criteria Factors to be Considered The Planning Commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity Response The variance request would merely re- establish development rights that were originally intended for these two lots. The proposed reduction from one single - family and one duplex to two single - family dwellings will serve to improve the relationship with uses and structures in the vicinity. Density Control Variance Request Casolar Vail Lots 4 and 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Response The degree to which relief from the strict or literal interpretation and enforcement of a specific regulation is no more than what was intended by the original plans for Casolar and as reflected in the plat approved by the Town in 1978. In fact, the applicant has proposed a reduction in density from what was originally planned for the project. The essence of this request is simply to re- establish development rights that were originally intended for the project. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Response Lots 4 and 5 were always intended for residential development. As such no adverse impacts would be expected on any of the considerations listed above. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Findings The Planning Commission shall make the following findings before granting a variance: That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. Response Circumstance with the development of Casolar Vail and the change that was made to the density control section of the PA zone district has eliminated all development potential for Lots 4 and 5. This limitation is grossly inconsistent with limitations on other properties in the same zone district and within the same project. Approval of this variance would re- establish development rights originally established on Lots 4 and 5 and not be a grant of special privilege. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. Response Density Control Variance Request 7 Casolar Vail Lots 4 and Lots 4 and 5 were always intended to be developed with single family and duplex residences, respectively. As such, to re- establish these rights would not be detrimental to the considerations listed above. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulties or unnecessary physical hardship inconsistent with the objectives of this title. Response The change to density control approved in 1979 effectively removed development rights established by the Casolar Vail plat that was approved in 1978. The strict and literal enforcement of this regulation creates a very significant practical difficulty for the owner of Lots 4 and 5. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that does not apply generally to other properties in the same zone district. Response As outlined in the background section of this narrative, there are clearly exceptional and extraordinary circumstances or conditions applicable to Casolar Vail generally not found on other properties. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. Response Strict or literal interpretation and enforcement of the specified regulations would clearly deprive the owner of Lots 4 and 5 privileges enjoyed by the owners of other properties in the same zone district and the owners of properties within the same project. Density Control Variance Request Casolar Vail Lots 4 and Land Title Guarantee Company CUSTOMER DISTRIBUTION land Title GUARANTEE COMPANY WWW.LTGC.COM Date: 01 -10 -2013 Our Order Number: V50035267 Property Address: 1183 AND 1191 CASOLAR DEL NORTE DRIVE AKA LOTS 4 AND 5 CASOLAR VAIL VAIL, CO 81657 If you have any inquiries or require further assistance, please contact one of the numbers below: TODGER ANDERSON 1200 ACOMA #406 DENVER, CO 80204 Sent Via US Postal Service 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 BRAUN ASSOCIATES INC 225 MAIN STREET, SUITE G -2 EDWARDS, CO 81632 Attn: TOM BRAUN Phone: 970 - 926 -7575 Copies: I EMail: tom @braunassociates.com Linked Commitment Delivery Land Title Guarantee Company Date: 01 -10 -2013 Land Title Our Order Number: V50035267 GUARANTEE COMPANY WWW. IT G C. C OM Property Address: 1183 AND 1191 CASOLAR DEL NORTE DRIVE AKA LOTS 4 AND 5 CASOLAR VAIL VAIL, CO 81657 Buyer /Borrower: A BUYER TO BE DETERMINED Seller /Owner: TODGER ANDERSON Need .a map or directions for your upcoming closing? Check out Land Title's web site at www.Itgc.com for directions to anv of our 54 olnce iocauons. ESTIMATE OF TITLE FEES TBD Commitment $100.00 If an Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $100.00 F.- CONTACT 06/04 THANK YOU FOR YOUR ORDER! LAND TITLE GUARANTEE COMPANY INVOICE NO. VA -6348 Land Title GUARANTEE COMPANY NWW. IT GC.0 OM TODGER ANDERSON 1200 ACOMA #406 DENVER, CO 80204 Owner: TODGER ANDERSON Address: 1183 AND 1191 CASOLAR DEL NORTE DRIVE AKA LOTS 4 AND 5 CASOLAR VAIL VAIL, CO 81657 Invoice Date: January 10, 2013 Order No. V50035267 Invoice Charges TBD Commitment $100.00 - Amount Due - $100.00 Due and payable upon receipt. For Remittance please refer to Invoice No. VA -6348 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. V50035267 Schedule A Cust. Ref.: Property Address: 1183 AND 1191 CASOLAR DEL NORTE DRIVE AKA LOTS 4 AND 5 CASOLAR VAIL VAIL, CO 81657 1. Effective Date: December 27, 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: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: TODGER ANDERSON 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: V50035267 SITE 4, CASOLAR VAIL, A RESUBDIVISION OF LOTS A -8 AND A -9, BLOCK A, LIONS RIDGE SUBDIVISION, ACCORDING TO THE MAP RECORDED JUNE 19, 1978, IN BOOK 271 AT PAGE 213, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 2 ******************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND IS SUBJECT TO CHANGE UPON COMPLIANCE WITH THE REQUIREMENTS UNDER SCHEDULE B -1, HEREIN. SITE 5, CASOLAR VAIL, A RESUBDIVISION OF LOTS A -8 AND A -9, BLOCK A, LIONS RIDGE SUBDIVISION, ACCORDING TO THE MAP RECORDED JUNE 19, 1978, IN BOOK 271 AT PAGE 213, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50035267 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 SURVEY OF SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY TO DETERMINE ACCURATE LEGAL DESCRIPTION OF THE TWO PARCELS ON SITE 5, CASOLAR VAIL AND FOR DELETION OF STANDARD EXCEPTIONS 1 -3. UPON REVIEW, ADDITIONAL REQUIREMENTS AND /OR EXCEPTIONS MAY BE NECESSARY. NOTE: ANY MATTERS DISCLOSED BY SAID SURVEY WILL BE REFLECTED ON SAID POLICY(S) TO BE ISSUED HEREUNDER. NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID SURVEY. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. WARRANTY DEED FROM TODGER ANDERSON 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. V50035267 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 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 JUNE 15, 1918, IN BOOK 93 AT PAGE 15 AND 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 JUNE 15, 1918, IN BOOK 93, AT PAGE 15 AND RECORDED OCTOBER 04, 1918, IN BOOK 93 AT PAGE 301. 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 JULY 25, 1969, IN BOOK 215 AT PAGE 649 AND AMENDMENT RECORDED DECEMBER 02, 1970 IN BOOK 219 AT PAGE 235. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50035267 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. 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 DECEMBER 11, 1992 IN BOOK 596 AT PAGE 495. 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF CASOLAR VAIL JUNE 19, 1978 UNDER RECEPTION NO. 167614. 13. EASEMENT AND RIGHT OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., IN INSTRUMENT RECORDED SEPTEMBER 27, 1978 IN BOOK 275 AT PAGE 834. 14. EASEMENT AN RIGHT OF WAY AS GRANTED TO STEWART H. BROWN IN INSTRUMENT RECORDED JUNE 26, 1979 IN BOOK 287 AT PAGE 341. 15. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED JUNE 30, 2003 AT RECEPTION NO. 838584. 16. TERMS, CONDITIONS AND PROVISIONS OF WATER EASEMENT RECORDED JUNE 30, 2003 AT RECEPTION NO. 838585. 17. TERMS, CONDITIONS AND PROVISIONS OF SEWER EASEMENT RECORDED JUNE 30, 2003 AT RECEPTION NO. 838586. 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 realproperty may be located in a special taxingdistrict. B) A Certificate of Taxes DDue listing each taxing jurisdiction -shall be obtained from the County Treasurer or the Count 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 Relations 3 -5 -1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all mat ers 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 recordin 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 Pollicy 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 alter 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 energ in the property; and B) That such mineral estate may include the right to enter and use the proper (y without the surface owner's permission. Note: Pursuant to CRS 10- 1- 128(6)(a) It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrauding or incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting attempting to defraud the policyholder or claimant with regard to a 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.L'IG.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 Issued by: LAND TITLE GUARANTEE COMPANY 3033 EAST FIRST AVENUE SUITE 600 PO BOX 5440 (80217) DENVER, CO 80217 A horized Offic r or Agent CC.FA.06 FIRST AMERICAN TITLE INSURANCE COMPANY Dennis J. Gilmore President AM E RICAN LAND TITLE ASSOCIATION Timothy Kemp Secretary t Casolar Adjacent Owners List: 12 -10 -12 Owner Name ANDERSON, TODGER Owner Address 1200 ACOMA 406 DENVER, CO 80204 Owner Name GARTNER, DAVID J. - WEINSTOCK, KRISTI Owner Address 19370 WALDEN TRL WAYZATA, MN 55391 Owner Name POOL, FRED W., II Owner Address 1149 SANDSTONE DR VAIL, CO 81657 Overlook at Vail Agent Name: Management Company Name: Phone Number: Fax Number: Physical Address: Samba Run Malia Nobrega (970) 476 4300 970 479 9534 c/o Crossroads Realty Ltd P.O. Box 1292, Vail, CO 81658 Agent Name: Farrow Hitt Management Company Name: Phone Number: (970) 476 0344 Fax Number: 970 476 0888 Physical Address: 1100 N Frontage Road, Vaill, CO 81657 Savoy Villas Agent Name: Malia Nobrega Management Company Name: Phone Number: (970) 476 4300 Fax Number: 970 479 9534 Physical Address: c/o Crossroads Realty Ltd P.O. Box 1292, Vail, CO 81658 Mailing Address: c/o Crossroads Realty Ltd P.O. Box 1292 Vail, CO 81658 Homestake at Vail Agent Name: Lindsay Gremmer Management Company Name: Phone Number: (970) 328 0354 Fax Number: Physical Address: PO Box 5907, Eagle, CO 81631 Mailing Address: PO Box 5907 Eagle, CO 81631 Indian Creek Townhomes (two agents are listed) Agent Name: Kent Erickson Management Company Name: Phone Number: Fax Number: Physical Address: Mailing Address: Agent Name: Management Company Name: Phone Number: Fax Number: Physical Address: Mailing Address: (970) 479 0761 303 316 7495 1139 Sandstone Dr. # 3, Vail, CO 81657 1139 Sandstone Dr. # 3 Vail, CO 81657 Angela Elliott (303) 818 9365 720 381 0000 191 University Blvd. #358, Denver, CO 80206 191 University Blvd. #358 Denver, CO 80206 Owner Name COGSWELL PROPERTIES LLC - COGSWELL, JOHN G. Owner Address 225 WALL ST STE 225 VAIL, CO 81657 -3600 Owner Name SHARON MOU TRUST Owner Address PO BOX 2023 AVON, CO 81620 Owner Name DAVIS, LELIA VITALE Owner Address 605 PAISLEY DR COLORADO SPRINGS, CO 80906 -8264 Owner Name WEBSTER MORTGAGE LLC Owner Address 98 WADSWORTH BLVD #265 LAKEWOOD, CO 80226 -1550 Owner Name FRANK D. MCCLUER III REVOCABLE TRUST Owner Address 1090 VAIL VIEW DR UNIT 10 VAIL, CO 81657 Owner Name MULVIHILL, DELPHINE K. Owner Address 11 LINDWORTH DR ST LOUIS, MO 63124 Owner Name JOHN J. BERNET TRUST, JOHN J. BERNET TRUSTEE Owner Address 35550 FAIRMOUNT BLVD CHAGRIN FALLS, OH 44022 Owner Name WEBER, PATRICIA M. Owner Address 1001 LINWOOD LN PETOSKEY, MI 49770 Owner Name COGSWELL, JOHN G. Owner Address 225 WALL ST STE 225 VAIL, CO 81657 -3600 Owner Name LOLITA HIGBIE LIVING TRUST Owner Address 1904 COLUMBINE AVE BOULDER, CO 80302 Owner Name LAIKIN, DAVID Owner Address 917 CARSINS RUN RD ABERDEEN, MD 21001 Owner Name RICHMOND, WILDA JEAN - ESSL, HORST E. Owner Address 1090 VAIL VIEW DR 3 VAIL, CO 81657 Owner Name FLEMKE, MARY F. Owner Address 4455 GOVERNORS PT COLORADO SPRINGS, CO 80906 Owner Name ALMAS, ALLEN RICKIE Owner Address 17241 SW 87TH CT MIAMI, FL 33157 -4680 Owner Name HERBST, TERRESA L. Owner Address 1090 VAIL VIEW DR 15 VAIL, CO 81657 -4448 Owner Name JOHN BERNARD TRUEBLOOD REVOCABLE TRUST Owner Address 1550 CRESTRIDGE DR GREENWOOD VILLAGE, CO 80121 -1315 Owner Name PANORAMIC LEASING CO OF YONKERS INC Owner Address PO BOX 5116 VAIL, CO 81658 -5116 Owner Name KEPNER, LORI A. Owner Address 5501 MORNING GLORY LN LITTLETON, CO 80123 Owner Name LIONS RIDGE #4 HOMEOWNERS ASSOC In Care Of Name SMOWDEN SMITH Owner Address 1493 ASPEN GROVE LN VAIL, CO 81657 Eiger Chalets NOT REGISTERED W/ THE STATE Owner Name KREBS, THOMAS G., SR Owner Address 1909 RIVERWAY DR BIRMINGHAM, AL 35244 -1418 "The above address is the only contact we were able to obtain for the Eiger Chalets. .emarlC Twthc of registered x %, x= Adjacent Owners included it