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HomeMy WebLinkAboutPEC110051Department, of Community Development,- Planning and Environmental Commission General Information: This application is required for any proposal involving the establishment of a new special devel- opment district or an amendment to an existing special development district. The purpose of the Special Development District is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and eco- nomical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Spe- cial Development District, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. The Special Development Dis- trict does not apply to and is not available in the following zone districts: Hillside Residential, Single- Family, Duplex, Primary/Secondary. The Vail Town Code can a found on the Town's website at www.vailgov.com. The proposed pro- ject may also require other permits or applications and /or review by the Design Review Board and /or the Town Council. Fee: _$6000 —New SDD $6000 —Major Amendment to an SDD $1250— Major Amendment to an SDD, no exterior modifications _$1000 —Minor Amendment to an SDD Description of the Request: ORZ '�v I t I4 VAII, 'Qe, OW 0"k? 49C41'rkM1 Mo'v±y y>7J7 N0• ?'Ok Physical Address: 14100 vi1FV Cr -esy— Ky. UN r U VPv I, GO $ bS Parcel Number: i?-1 1 02 — 122 � � 0 � b (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Property Owner: 5 t:7 V5 GOkbA M L\) czy N ��- Mailing Address: ��N1 iE �� �'1 �Y ► riAc li V 1� 1101✓ �i� Owner's Signature: Primary Contact/ Owne epresentative: WN Mailing Address: 4 Ae P<� Gicty A 6 Phone: q d ' • tic b ( E -Mail: G1 L-0 Ir - 001A Fax: 'l0 - - 4'1°t fo (o b ( ,o For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # 59S-� Exp Fee Paid: 4 -250— Meeting Date: Planner: Zoning: Location of the Proposal: Lot: Date: Auth # Check # Received From: SyAz n PU C,7AJ N1%[ PEC No.: -5aL10Q51 Project No: 'e I — cwt 3� Land Use: Block: Subdivision: & 'J 01- Jan -11 Special Development District Application for Review by the Nekhborina Properties to 1460 Buffehr Creek Rd., Unit G. Vail Colorado 81657 All neighbors within the Crossview at Vail: 1460 Buffehr Creek Rd., Vail Colorado 81657 Unit A Owners: GRACE SMITH Legal Summary: CROSSVIEW AT VAIL Lot: A BK -0697 PG -0492 MAP 06 -17 -96 BK -0697 PG -0493 DEC 06 -17 -96 Physical Address: 1460 Buffehr Creek Road #A Vail, CO 81657 Mailing Address: 700 Berkshire Rd Ann Arbor, MI 48104 Unit B Owners: ROBINSON, RONALD A. & JOAN PARKER Legal Summary: CROSSVIEW AT VAIL Lot: B BK -0726 PG -0751 MAP 05 -13 -97 Physical Address: 1460 Buffehr Creek Road #B Vail, CO 81657 Mailing Address: 18 POURTALES COLORADO SPRINGS, CO 80906 Unit C Owners: LEVENTAL FAMILY TRUST Legal Summary: CROSSVIEW AT VAIL Lot: C BK -0697 PG -0492 MAP 06 -17 -96 BK -0697 PG -0493 DEC 06 -17 -96 R658877 QCD 05 -15 -98 Physical Address: 1460 Buffehr Creek Road #C Vail, CO 81657 r Mailing Address: 400 S STEELE ST 39 DENVER, CO 80209 Unit D Owners: STANCLIFFE, TIMOTHY R. & LINDA A. Legal Summary: CROSSVIEW AT VAIL Lot: D BK -0697 PG -0492 MAP 06 -17 -96 BK -0697 PG -0493 DEC 06 -17 -96 BK -0705 PG -0575 QCD 09 -13 -96 Physical Address: 1460 Buffehr Creek Road #D Vail, CO 81657 Mailing Address: 80 Boulder View Lane Boulder, CO 80304 Unit E Owners: JOHNSON, PETER K Legal Summary: CROSSVIEW AT VAIL Lot: E BK -0746 PG -0734 MAP 12 -18 -97 R661478 SWD 06 -22 -98 Physical Address: 1460 Buffehr Creek Road #E Vail, CO 81657 Mailing Address: 10 Sedgwick Drive Englewood, CO 80113 Unit F Owners: MADDEN, JOHN W.,III Legal Summary: CROSSVIEW AT VAIL Lot: F BK -0746 PG -0734 MAP 12 -18 -97 Physical Address: 1460 Buffehr Creek Road #F Vail, CO 81657 I Mailing Address: 1551 Larimer St. #1001 Denver, CO 80202 ADJACENT NEIGHBOR — WEST SIDE Owners: HURSH, DALE & PATRICIA Legal Summary: DESC: 1ST SUPP Subdivision: GROUSE GLEN AT VAIL Unit: 11 BK -0572 PG -0619 DEC 01- 28-92 BK -0572 PG -0908 DEC 01 -28 -92 BK -0572 PG -0909 MAP 02 -14 -92 BK -0572 PG -0912 SWD 01 -30 -92 Physical Address: 1470 BUFFEHR CREEK RD #11 Vail, CO 81657 Mailing Address: 141 POORMAN RD BOULDER, CO 80302 ACROSS THE STREET NEIGHBOR — EAST SIDE Owners: MCHENRY, RICHARD Legal Summary: RIDGE AT VAIL Lot: 1 BK -0359 PG -0551 WD 05 -09 -83 BK -0385 PG -0518 QCD 05 -09 -84 BK -0569 PG -0312 WD 11 -15 -91 Physical Address: 1483 ASPEN GROVE LN VAIL, CO 81657 Mailing Address: 1483 ASPEN GROVE LN VAIL, CO 81657 A f . Department of Community Development 75 South Frontage Road Vail, CO 81657 August 9, 2011 RE: CRAIG COHN /SHARON PUCZYNSKI — Application for a Major Amendment to SDD No.29 — No Exterior Modifications: Crossview at Vail, 1460 Buffehr Creek Road, Unit G, Vail, Colorado 81657 To Whom It May Concern, As owners of 1460 Buffehr Creek Road — Unit G. we submit the following application for a Major Amendment to an SDD, no exterior modifications. Our 2272 SF residence contains a 433 SF Employee Housing Unit (EHU), which was required per the Special Development District (SDD) No. 29, The Valley Phase II. We are proposing to relocate this EHU to an alternate property in Vail, per the newly modified EHU Exchange Program. Prior to applying for the EHU exchange, we must first receive approval on our proposed Major Amendment to an SDD, no exterior modifications. Our proposed Major Amendment (no exterior modifications) to SDD No. 29, The Valley Phase II, is to update the GRFA table of Ordinance No. 6, Series of 1997 to reflect the existing GRFA for Crossview at Vail as depicted in the table below* as well as delete the provision for the inclusion of the EHU in Unit G located in Section 4 No. 11. The allowable GRFA for SDD No. 29, The Valley Phase II, Lower Development Area, which includes Unit G is limited to 13,623 SF. The following GRFA analysis was calculated and confirmed by Warren Campbell, Senior Planner June 4, 2005 and is located in the Community Development serving as official record. *Existing GRFA for Crossview at Vail (7 UNITS) Unit A 2082 SF Unit B 2115 SF Unit C 2051 SF Unit D 2100 SF Unit E 1937 SF Unit F 2409 SF Unit G 2417 SF (INCLUDES 433 SF EHU) TOTAL 15,111 SF ,;: The GRFA analysis and corresponding plans have been included with this application. Please let us know if you have any comments or questions. l/� NS Craig Cohn and Sharon Puczynski 1460 Buffehr Creek Rd., Unit G Vail CO 81657 970 - 389 -1606 (Craig Cell) 303 - 550 -4551 (Sharon Cell) craie @solarisvail.com sharon@solarisvail.com First American Title Insurance Company ALTA COMMITMENT Our Order No. V50031340 Schedule A Cust. Ref.: Property Address: 1460 BUFFEHR CREEK ROAD #G AKA LOT G, CROSSVIEW AT VAIL VAIL, CO 81657 1. Effective Date: July 01, 2011 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment Proposed Insured: CRAIG B. COHN AND SHARON M. PUCZYNSKI 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: CRAIG B. COHN AND SHARON M. PUCZYNSKI 5. The Land referred to in this Commitment is described as follows: LOT G, CROSSVIEW AT VAIL, PHASE 3, A RESUBDIVISION OF PARCEL 3, CROSSVIEW AT VAIL, PHASE 2, AND A 1/7 INTEREST IN THE COMMON PARCEL, ACCORDING TO THE AMENDED FINAL PLAT RECORDED DECEMBER 18, 1997 IN BOOK 746 AT PAGE 734, AND AS DEFINED AND DESCRIBED IN THE DECLARATION RECORDED JUNE 17, 1996 IN BOOK 697 AT PAGE 493, AND RECORDED AUGUST 7, 1996 IN BOOK 702 AT PAGE 239, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50031340 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. V50031340 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. 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. 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 DECEMBER 29, 1920 IN BOOK 93 AT PAGE 42. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920 IN BOOK 93 AT PAGE 42. 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 SEPTEMBER 20, 1972, IN BOOK 225 AT PAGE 443 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 29, 1972, IN BOOK 225 AT PAGE 565 AND AS AMENDED IN INSTRUMENT RECORDED JANUARY 22, 1974, IN BOOK 233 AT PAGE 53 AND AS AMENDED IN DOCUMENT RECORDED JULY 1, 1983, IN BOOK 362 AT PAGE 804. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50031340 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 LIONS RIDGE SUBDIVISION, FILING NO. 2. 12. AGREEMENT BETWEEN TAYVEL ENVIRONMENTAL LAND COMPANY AND MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY PROVIDING FOR TELEPHONE INSTALLATION AND SERVICE THROUGHOUT LION'S RIDGE SUBDIVISION, FILING NO. 2, RECORDED SEPTEMBER 27, 1973 IN BOOK 231 AT PAGE 291. 13. TERMS, CONDITIONS AND PROVISIONS CONTAINED IN PLANNED UNIT DEVELOPMENT PLAT AND DECLARATION OF PROTECTIVE COVENANTS RECORDED MARCH 27, 1980 IN BOOK 300 AT PAGE 758 AND RERECORDED APRIL 10, 1980 IN BOOK 301 AT PAGE 415. 14. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF SPECIAL DEVELOPMENT DISTRICT RECORDED DECEMBER 07, 1993 IN BOOK 626 AT PAGE 881. 15. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF THE VALLEY PHASE II RECORDED APRIL 14, 1994 IN BOOK 637 AT PAGE 538. 16. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF CROSSVIEW AT VAIL RECORDED JUNE 17, 1996 IN BOOK 697 AT PAGE 492 AND CROSSVIEW VAIL PHASE 2 RECORDED MAY 13, 1997 IN BOOK 726 AT PAGE 751 AND CROSSVIEW VAIL PHASE 3 RECORDED DECEMBER 18, 1997 IN BOOK 746 AT PAGE 734. 17. 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 JUNE 17, 1996, IN BOOK 697 AT PAGE 493 AND RECORDED AUGUST 7, 1996 IN BOOK 702 AT PAGE 239. 18. DEED OF TRUST DATED OCTOBER 26, 2010 FROM CRAIG B. COHN AND SHARON M. PUCZYNSKI TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF ING BANK, FSB TO SECURE THE SUM OF $1,132,500.00, AND ANY OTHER AMOUNTS PAYABLE ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50031340 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: UNDER THE TERMS THEREOF, RECORDED NOVEMBER 16, 2010, UNDER RECEPTION NO. 201023286. 19. DEED OF TRUST DATED NOVEMBER 17, 2010 FROM CRAIG B. COHN TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $75,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED NOVEMBER 29, 2010, UNDER RECEPTION NO. 201024026. NOTE: THE ABOVE DEED OF TRUST SECURES A LINE OF CREDIT. 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 roperty may be located in a special taxing district. B) A Certificate of T ax es ue 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 Relations 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 o 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 and 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 Commitmeni from the Owner s Po icy 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 mechanics and material -men's hens. 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 enem�yy in the property; and B) That such mineral estate may include the right to enter and use the propeWy without the surface owner's permission. Note: Pursuant to CRS 10- 1- 128(6)(a) It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrauding or incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting attempting to defraud the policyholder or claimant with regard to a settlemwnt or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. DISCLOSURE 02/2011 First American Title Insurance Company PRIVACY POLICY We are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, the First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: * Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled respnsibly and in accordance with this Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and procedural safeguards that comply with referral regulations to guard your nonpublic personal information. WEBSITE Information on the calculation of premiums and other title related charges are listed at First American's website: www.firstam.com NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D /B /A LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d/b /a Land Title Guarantee Company - Grand Junction. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non - public personal information ( "Personal Information ") . In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; • your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non - affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.P0L.LTG.1 Commitment for Title Insurance ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (Company'), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified it 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 shag cease and terminate sic (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 shag not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Fist 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 shag fail to disclose such knowledge to the Company it 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, hen encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shah not relieve the Company from lability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shag be only to the named proposed Insured and such parties included under the definition of the Insured in the form of poicy 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 it 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 poises and is riot 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 Comparry 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 poky to be issued contain an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shag 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 odes as www.ab.org Issued by: CC.FA.O6 FIRST AMERICAN TITLE INSURANCE COMPANY Colts AMERICAN LAND TITLE ASSOCIATION Xt JUL -11 -2011 09:33 ALAMO GROUP INC Department of Community Development 75 South Frontage Road Vail, CO 81657 RE: CRAIG COHN /SHARON PUCZYNSKI — Application for a Major Amendment to SDD No.29 — No Exterior Modifications: Crossview at Vail, 1460 Buffehr Creek Road, House G, Vail, Colorado 81657 To whom it may concern, This letter acknowledges the Crossview at Vail HOA's full support of Craig Cohn and Sharon Puczynski's application for a Major Amendment to an SOD, no exterior modifications. We approve their request to transfer the EHU to another property within Vail and in conjunction requesting an amendment to the Special Development District No. 29, The Valley Phase II, to increase their GRFA by the square footage of the EHU (433 SF). Thank you, Ronald Robinson President - Crossview at Vail Home Owners Association 1460 guffehr Creek Rd. House 8 Vail, CO 81657 970- 476 -0520 830 372 9683 P.01i01 r A, �r TOTAL P.01 ?�D S bg-'F^ June 4, 2005 Sally Jackle, Attorney at Law 1672 Matterhorn Circle Vial, CO 81658 Re: Crossview and Vail GRFA availability /Tracts B -1 and B -2, The Valley Phase II Ms. Jackle This letter is being sent to inform you of my findings regarding the availability of Gross Residential Floor Area (GRFA) for the project known as Crossview at Vail which is zoned Special Development District (SDD) No. 29, The Valley Phase II, with an underlying zoning of Residential Cluster. From the set of plans you provided to me I was able to determine the amount of GRFA which exists on the site for all seven (7) units under the regulations governing GRFA established by Ordinance 14, Series of 2004. GRFA was determined to be as follows and includes the addition of each floor plates area, vaulted areas over 15 feet 11 inches, and areas deducted which are below grade for each unit. Unit A 2,082 s.f. Unit B 2,115 s.f. Unit C 2,051 s.f. Unit D 2,100 s.f. Unit E 1,937 s.f. Unit F 2,409 s.f. Unit G 2417 s.f. Total 15,111 s.f. The requirements of SDD No. 29 limit Units A -G to 13,623 square feet. The existing Units A -G exceeds this limit by 1,488 square feet. Therefore all available GRFA has be utilized and the units are eligible to utilize the 250 Addition and interior conversion provisions of the Code as the property has an underlying zoning of Residential Cluster. The set of plans utilized to perform this analysis has been placed within the Community Development archives to serve as the official record of the GRFA analysis performed by staff and is dated June 4, 2005. Please review these comments and if you have any questions regarding this letter please contact me at 970- 479 -2148. This letter will be placed within the legal file maintained at the Community Development Department in order to serve as record of the GRFA availability for Crossview at Vail. With regards, Warren Campbell Senior Planner Cc: File TOWN OF VAIL, COLORADO Statement ***####**#****##*##********##################**********##***# # # * * # # # * * # # # # # * # # * # # # # # # * # # # # ## Statement Number: Amount: $1,250.00 08/12/201102:06 PM Payment Method:Credit Crd Init: SAB Notation: VISA - SHARON PUCZYNSKI ----------------------------------------------------------------------------- Permit No: PEC110051 Type: PEC -Maj SDD No Ext Chg Parcel No: 2103 - 122 - 1201 -0 Site Address: 1460 BUFFEHR CREEK RD VAIL Location: Total Fees: $1,250.00 This Payment: $1,250.00 Total ALL Pmts: $1,250.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- ------------------------ - - - - -- ------ - - - - -- PV 00100003112500 PEC APPLICATION FEES 1,250.00