HomeMy WebLinkAboutADM130008
ADMINISTRATIVE ACTION FORM
Department of Community Development
75 South Frontage Road
Vail, CO 81657
tel: 970-479-2138 fax: 970-479-2452
web: www.vailgov.com
Project Name:KIRKPATRICK REPLAT
Application Type:DupSubPl
ADM Number: ADM130008
Parcel: 2103-124-0303-3
Project Description:Change from an existing A-B-C to an A-B duplex
Participants:
OWNER KIRKPATRICK, DOUGLAS H. & JO 04/29/2013
48 HYDE PARK CIR
DENVER, CO
80209
APPLICANT GREGORY PERKINS LLC 04/29/2013 Phone: 970-306-7554
710 W. LIONSHEAD CIR, SUITE B
VAIL
CO 81657
Project Address:1462 GREENHILL CT VAILLocation:
1462 and 1464 Greenhill Court
Legal Description: Lot: 19 Block: Subdivision: GLEN LYON SUB.
Comments:
BOARD/STAFF ACTION
Motion By: Action: STAFFAPR
Second By:
Vote: Date of Approval: 07/01/2013
Meeting Date:
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Planner:Jonathan Spence DRB Fee Paid: $100.00
*M###**#**#*4*#*##4**�**#**###*####�#####i*#**#*##*#**#*�4#*####M####*####*#**#�*#i###****#*
TOWN OF VAIL, COLORADO Statement
*.******r**.*.s*r*����*�******�****�����*�********�*���***�********s****************�******s
Statement Number: R130000437 Amount: $100.00 04/29/201309 :03 PM
Payment Method: Check Init: LC
Notation: #143 / GREGORY
P�RKINS LLC
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Permit No: ADM130008 Type: Administrative
Parcel No: 2103-124-0303-3
Site Address: 1462 GREENHILL CT VAIL
Location: 1462 and 1964 Greenhill Court
Total Fees: $100.00
This Payment: $100.00 Total ALL Pmts: $100.00
Balance: $0.00
*********rs�***********�*****�r**s**r*�*************�****�***r****�*****�****�*******r******
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
-------------------- ------------------------------ ------------
PV 00100003112500 Administrative Fee 100.00
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p t� � � od �
Department of Community Development
APR 2 9 2013 75 South Frontage Road
TOWN OF VAII' va�i,co s�ss�
Tel: 970-479-2128
TOWN OF l�AIL Development Review Coogdi ator
Administrative Application
Duplex Subdivisions
General Information: The required approval for a duplex subdivision or resubdivision of an improved duplex lot and
structure will require town approval through the administrator, subject to review by other Town of Vail departments. No
duplex subdivision shall be approved unless the lots are improved with at least foundations for both units existing at the
time of submittal. Please see Section 13-8, Duplex Subdivisions, Vail Town Code for more detailed information. Vail
Town Code can be found on the Town's website at www.vailqov.com.
Fee: $100
Recording Fees: Please visit the Eagle County website
http://www.eaqlecountv.us/Clerk/Recordinp/Record a Document/ for the most up-to-date recording
fees and check with your planner prior to submitting the payment. A check written out to the Eagle
County Clerk and Recorder is required to be submitted once the plat has been approved by the
Planning and Environmental Commission and prior to the recording of the plat.
D@SC�IPtl011 Of tFl@ R@C�U@St: �ners of both sides of duplex structure located on Lot 19,Glen Lyon subdivision,wish to subdivide Lot 19 into two lots.
Physical Address: ��2 Greennill court and 1 asa Greennill court
P81'C@I NUn'lb@�: 2�03-124-03-033 and 2103-124-03-034 (Contact Eagle Co.Assessor at 970-328-8640 for parcel no.)
P�Operty Ow11@f: Douglas and Joan Kirkpatrick(1462 Greenhill Court)and Richard and Jean Dulude(1464 Greenhill Court)
M811i11g Add�eSS: Douglas and Joan Kirkpatrick,48 Hyde Park Circle,Denver,CO 80209
Ph ; 303-335-5796
Owner's Signature:
Primary Contact/Owner Representative: reg Per s(attorney for pouglas and Joan Kirkpatrick)
Mailing Address: ��o w.�ionsnead cir.,Suite B,Vail,CO 81657
Phone: 9�o-3os-�55a
E-Mel I: 9reg@gperkinslaw.com FBX: 866-393-9835
For Office Us Only: Cash_ CC: Visa/MC Last 4 CC# Auth# eck# ��
Fee Paid: � �U�.� Received Fro : -2f' rr �_
Meeting Date: ADM No.: l 6
Planner. V✓ Project No: Q�� �'�7l �-
Zoning: Land Use:
Location of the Proposal: Lot: Block: Subdivision:
2013-0305
Apr 28 13 04:02p RICHARD DULUDE 603783-4981 p.1
Ta�VN OF VAit :
cQm,�,mrt,.o�e�,«,e J41NT PRQP�RTY �WNER
aspenmene
WRITTEN APPRpVAL L.ETTER
The applic�nt must submit written joint property owner epprovel tor applications atfecting shared
ownership pro{�eriies such as duplex, condominiurn, and multi-tensnt bu�ldi�gs. This form, or simiiar
writien c:orrespondenoe.must be cdmplet�d by tt�e adjainitx�duplex u�i!owner cr the authorized agent at
tlle hOm9 O�Nner's esSOCiatiOn in the casa of A COndominium or multi-ten8nt bu'tlding. AI{Completed fom►s
must be submitted with the applicants campleted 2ppfiption.
! {�, - � Richard puEude and Jean Dulude
1. �n� - -.-._-. - . a joint owner,or ae�thority of tne
assoaatian, of property �xat,ed at � �9,Gler�Lyan sut3division(owners of 1464 Greenhilf_Coa�rt).
proYide tt�i5letter as mimen approval of the plans da�ed �rCh 't 5,2013
whiCh h�ve bee� submiited to the 7pHm pf Va�Community Development DepaRment for the proposed
improvornvnq t+o be campleted at t�e add�+ess noted above_ I understand that the propased
imprnvemerlis indude:
The vacation of paroel liries previously contained within Lot 19, Gien Lyvn subd"nrision, �t1d the
resubdivision of Lot 79 into L.ot 19A(to be flwned by the fGvl�atricks)and L�t 19B�to be owned by tF�e Dufudes),
as depicted on th�plans submitied with the app�icatian.
{ ur�derstand that modif�tions r'nay i�e made ta the plans over the course of the rev+ew process to ensure
complianpe with the 7c�wn`s applicable codes snd regutations; and that it is the sole responsibitity of the
applicant bo keep the joint property ownar apprised of any chan�es anti ensure that the changes are
acceptable and apprvpriate. Submittat of an appticatian results in the appiic�nt agreeing to this
statement.
, ,� .
� t � .J•..t �. ' �r ,� ; ;" ,, • .� 'i. p►pril 2fi, 2013 ---- -
T'.� $igrrature Q�te
Rict�ard Dulude and Jean Dulude
Print Name
Land Title Guarantee Company
CUSTOMER DISTRIBUTION
Land Title
GIIARANTEE COMPANY
NNW.LTGC.COM
Date: 03-22-2013 Our Order Number: V50035806
Property Address:
1462 GREENHILL COURT AKA UNIT A LOT 19 GLEN LYOIV SUB VAIL, CO 81657
If you have any inquiries o�require furthe�assistance,please contact one of the numbers below:
For Title Assistance:
Vail Title Dept.
610 WEST LIONSHEAD CIRCLE#200
VAIL,CO 81657
Phone:970-476-2251
Fax: 970-476-4534
EMail: eaglecountyrequests@ltgc.com
GREGORY PERKINS LLC
710 W LIONSHEAD CIR#B
VAIL,CO 81657
Attn: ELIZABETH GROSS
Phone: 970-306-7554
Fax: 866-393-9835
EMail:elizabeth@gperkinslaw.com
Sent Via EMail
Land Title Guarantee Company
Date: 03-22-2013
]�n(� 1 IUe Our Order Number: V50035806
GUARANTEECOMVANY
NNW.LIGC.COM
Property Address:
1462 GREENHILL COURT AKA UNIT A LOT 19 GLE1V LYON SUB VAIL, CO 81657
BuyerBorrower:
A BUYER TO BE DETERMINED
Seller/Owner:
DOUGLAS H. KIRKPATRICK AND JOAIV M. KIRKPATRICK
Need a map or directions for your upcoming closing?Check out Land Title's web site at www.ltgc.com
for directions to an of our 54 office locations.
ESTIMATE OF TITLE FEES
TBD Commitment $100.00
If Land Title Guarantee Cc�pany rill be closing this transaction, above fees will be collected at that time.
TOTAL $100.00
ro��oi+xacr 06/04 THANK YOU FOR YOUR ORDER!
LAND TITLE GUARANTEE COMPANY
INVOICE N0. VA-6708
l.and T�tle
GIIARANTEE COMPANV
WWW.LTGC.COM
GREGORY PERKINS LLC
710 W LIONSHEAD CIR#B
VAIL, CO 81657
Owner: DOUGLAS H.KIRKPATRICK AND JOAN M.KIRKPATRICK
Address: 1462 GREENHILL COURT AKA UNIT A LOT 19 GLEN LYON SUB VAIL, CO 81657
Invoice Date: March 22, 2013
Order No. V50035806
Invoice Charges
TBD Commitment $100.o0
-Amount Due- $100.00
Due and payable upon receipt.
For Remittance please refer to Invoice No. VA-6708
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. V50035806
Schedule A Cust. Ref.:
Property Address:
1462 GREEIVHILL COURT AKA U1VIT A LOT 19 GLE1V LYON SUB VAIL, CO 81657
1. Effective Date: March 12, 2013 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"TBD" Commitment $0.00
Proposed Insared:
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:
DOUGLAS H. KIRKPATRICK AND JOA1V M. KIRKPATRICK
5. The Land referred to in this Commitment is described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
Our Order No: V50035806
LEGAL DESCRIPTION
PARCEL A:
A PART OF LOT 19, AMENDED PLAT OF GLEN LYON SUBDIVISION, A SUBDIVISION RECORDED
IN THE OFFICE OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER, DESCRIBED AS
FOLLOWS:
BEGINIVING AT A POINT WHENCE THE NORTHEASTERLY CORNER OF SAID LOT 19 BEARS NORTH
46 DEGREES 12 MINUTES 36 SECONDS EAST 117.11 FEET; THENCE NORTH 10 DEGREES 58
MIIVUTES 17 SECONDS EAST 69.90 FEET; THENCE 1VORTH 79 DEGREES O1 MINUTES 43
SECONDS WEST 50.20 FEET; THENCE SOUTH 10 DEGREES 58 MINUTES 17 SECONDS WEST
69.90 FEET; SOUTH 79 DEGREES O1 MINUTES 43 SECONDS EAST 10.40 FEET; NORTH 10
DEGREES 58 MIIVUTES 17 SECONDS EAST 2.40 FEET; THENCE SOUTH 79 DEGREES O1
MINUTES 43 SECONDS EAST 6.10 FEET; THENCE SOUTH 10 DEGREES 58 MINUTES 17
SECONDS WEST 2.40 FEET; THENCE SOUTH 79 DEGREES O1 MINUTES 43 SECONDS EAST
33.70 FEET, TO THE POINT OF BEGINNING.
TOGETHER WITH AN UNDIVIDED 2/3 INTEREST IN AND TO PARCEL C, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
ALL OF LOT 19, AMENDED PLAT OF GLEN LYON SUBDIVISION, A SUBDIVISION RECORDED IN
THE OFFICE OF EAGLE COUNTY, COLORADO, CLERK AND RECORDER, WITH THE EXCEPTION OF
PARCEL A DESCRIBED ABOVE AND PARCEL B DESCRIBED AS FOLLOWS:
PARCEL B:
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PART OF LOT 19,AMENDED PLAT OF GLEN LYON SUBDIVISION, A SUBDIVISION RECORDED
IN THE OFFICE OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER, DESCRIBED AS
FOLLOWS:
BEGINIVING AT A POINT WHENCE THE NORTHEASTERLY CORNER OF LOT 19 BEARS NORTH 46
DEGREES 12 MINUTES 36 SECONDS EAST 117.11 FEEET; THEIVCE SOUTH 10 DEGREES 58
DEGREES 17 MINUTES WEST 36.50 FEET; THENCE NORTH 79 DEGREES O1 MINUTES 43
SECOIVDS WEST 46.50 FEET; THENCE NORTH 10 DEGREES 58 MINUTES 17 SECONDS EAST
36.50 FEET; THENCE SOUTH 79 DEGREES O1 MINUTES 43 SECONDS EAST 6.70 FEET;
THEIVCE NORTH 10 DEGREES 58 MINUTES 17 SECONDS EAST 2.40 FEET; THENCE SOUTH 79
DEGREES O1 MIIVUTES 43 SECONDS EAST 6.10 FEET; THENCE SOUTH 10 DEGREES 58
MINUTES 17 MINUTES WEST 2.40 FEET; THENCE SOUTH 79 DEGREES O1 MIIVUTES 43
SECONDS EAST 33.70 FEET, TO THE POINT OF BEGIIVNING.
TOGETHER WITH THE PERPETUAL USE OF EASEMENT D DESCRIBED AS FOLLOWS:
A PART OF LOT 19, AMENDED PLAT OF GLEN LYO1V SUBDIVISION, A SUBDIVISION RECORDED
IN THE OFFICE OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER, DESCRIBED AS
FOLLOWS:
BEGINIVING AT A POINT WHENCE THE NORTHEASTERLY CORNER OF SAID LOT 19 BEARS NORTH
51 DEGREES 02 MINUTES 44 SECONDS EAST 124.99 FEET; THEIVCE 1VORTH 10 DEGREES 58
MINUTES 17 SECONDS EAST 15.90 FEET; THENCE NORTH 79 DEGREES Ol MIIVUTES 43
SECONDS WEST 20.80 FEET; THENCE SOUTH 10 DEGREES 58 MINUTES 17 SECONDS WEST
15.90 FEET; THENCE SOUTH 79 DEGREES O1 MINUTES 43 SECONDS EAST 20.80 FEET, TO
THE POINT OF BEGINNING.
ALTA COMMITMENT
Schedule B- Section 1
(Requirements) Our Order No. V50035806
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
interestto be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insared must be executed and duly 61ed for record,
[o-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. EVIDENCE SATISFACTORY TO THE COMPAIVY THAT THE TERMS, CONDITIONS AND
PROVISIOIVS OF THE TOW1V OF VAIL TRANSFER TAX HAVE BEEN SATISFIED.
2. WARRANTY DEED FROM DOUGLAS H. KIRKPATRICK AND JOAN M. KIRKPATRICK TO A
BUYER TO BE DETERMINED COIVVEYIIVG SUBJECT PROPERTY.
NOTE: ADDITIONAL REQUIREMEIVTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE
BUYERS NAMES ARE ADDED TO THIS COMMITMEIVT. COVERAGES AND/OR CHARGES
REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE
CONTRACT TO BUY AND SELL REAL ESTATE A1VD ANY AMENDMENTS THERETO.
ALTA COMMITMENT
Schedale B-Section 2
(Exceptions) Our Order No. V50035806
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 daims 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 sarvey 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 acqaires 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 issaance thereof;
(c) water rights, claims or tide 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 I1V UNITED STATES PATENT RECORDED AUGUST 16, 1909, IN BOOK 48
AT PAGE 542.
9. RIGHT OF WAY FOR DITCHES OR CAIVALS COIVSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATEIVT RECORDED AUGUST 16,
1909, IN BOOK 48 AT PAGE 542 AND RECORDED OCTOBER 2, 1946 IN BOOK 132 AT
PAGE 405.
10. RESERVATION AS TO THE 1VORTHWEST 1/4 OF SECTION 12 TOWIVSHIP 5 SOUTH, RANGE
81 WEST OF THE RIGHT OF WAY OF THE UNITED STATES, ITS PERMITTEE OR
LICENSEE, TO ENTER UPON, OCCUPY AND USE ANY PART OR ALL OF SAID LAND FOR
THE PURPOSES PROVIDED IN THE ACT OF JUNE 10, 1920 (41 SAT. 1063) AS
RESERVED I1V THE PATENT RECORDED OCTOBER 2, 1946 I1V BOOK 132 AT PAGE 405.
11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIIV A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING A1VY COVEIVANTS OR RESTRICTIONS, IF ANY, BASED UPO1V RACE,
COLOR, RELIGION, SEX, SEXUAL ORIEIVTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
ALTA COMMITMENT
Schedule B-Section 2
(Exceptions) Our Order No. V50035806
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:
SET FORTH I1V APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS COIVTAINED
IN IIVSTRUMEIVT RECORDED APRIL 04, 1978, IN BOOK 268 AT PAGE 698 AND AS
AMEIVDED IN INSTRUMENT RECORDED AUGUST 25, 1987, I1V BOOK 468 AT PAGE 447
THROUGH 472 AND AS RERECORDED IN INSTRUMENT RECORDED SEPTEMBER 15, 1987 IN
BOOK 469 AT PAGE 801, AND AS AMENDED IN INSTRUMENT RECORDED MAY 2, 1990 IN
BOOK 528 AT PAGE 154 AND AS AMENDED IN INSTRUMENT RECORDED MARCH 5, 2007
UNDER RECEPTION NO. 200705601.
12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES O1V
THE AMENDED PLAT OF GLEN LYON SiJBDIVISION RECORDED JULY 18, 1978 IN BOOK
272 AT PAGE 370.
13. TERMS, CONDITIOIVS AND PROVISIONS OF TOWNHOUSE DECLARATION FOR LOT 19 GLEN
LYOIV DUPLEX BUT OMITTING A1VY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON
RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL
STATUS, DISABILITY, HANDICAP, 1VATIONAL ORIGIN, ANCESTRY, OR SOURCE OF
INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE
EXTEIVT THAT SAID COVEIVAIVT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS
COIVTAINED IN INSTRUMENT RECORDED NOVEMBER 06, 1981 UNDER RECEPTION NO.
228129
14. EASEMENTS, COIVDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF GLEN LYON DUPLEX RECORDED NOVEMBER 06, 1981 UNDER RECEPTION
N0. 228128.
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 spec�al taxin�district.
B) A Certificate of Taxes Due listing each taxing�urisdiction s all be obtained from the Coanty
Treasurer or the County Treasurer's authorized agent.
C) The information regarding special districts and the boundaries of such districts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
1Vote: 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 margm 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�le 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 record'ing or fling information at the top margm of the docament.
Note: Colorado Division of Insurance Re ulation 3-5-1, Section 7L requires that "Every
title entity shall be res onsible for all mat�ers which appear of record prior to the time of recording
whenever the title enti�y conducts the closing and is responsible for recordin or filing of legal
documents resulting from the transaction wh�ch was closed". Provided that�and Title Guarantee
Company conducts the closing of the insured transaction and is responsible for recordinp the
legal documents from the transaction, exception number 5 will not appear on the Owner s Tide
Po�licy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (tyQically by deletion
of Exception no. 4 of Schedule B, Section 2 of the Commitmeni from the Owner s PoIicy to be
issued) upon compliance with the followin�conditions:
A) The land described in Schedule A of thts 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�he past 6 months.
C) The Com�pany must receive an appropriate affidavit indemnifying the Company aga�nst un-filed
mechanic s and material-men's liens.
D The Company must receive paxment of the appropriate premium.
E If there has been constraction, ►mprovements or ma�or 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 mformation
as to the seller, the builder and or the contractor; payment of the appropriate premium fully
execnted 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, as, other minerals, or geothermal ener�y in the property; and
B) That such mineral estate may inc�ude the right to enter and use the propeefy without the
sarface owner's permission.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowin�ly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrau mg 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
attemptmg to defraud the policy holder or claimant w�th regard to a settlement or award payable from insurance
proceeds shall be reported to tFie Colorado division of insurance within the department of regalatory agencies.
Nothing herein contained will be deemed ro obligate the com_pany to provide any of the coverages
referred to herein unless the above conditions are fully satistied.
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 yoa 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 parposes and not for the benefit of any
nonaffliated 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 nonpablic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include�inancial 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 af�liated 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 contin�e 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 yoa 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 ro 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 tide related charges are listed at First American's
website: www.�rstam.com
NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATIOIV
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 castomer of Land Tide Guarantee Company, a Colorado corporation and
Meridian Land Title, LLC, d/b/a Land Tide 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 oar 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, inclading commanications 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 direcdy 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 yoar Personal Information when otherwise permitted by applicable
privacy laws such as, for example, when disclosure is needed ro enforce our rights arising oat of any agreement,
transaction or relationship with you.
Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our
privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
Form PRIV.POL.LTG.1
Commitment for Tltle Insurance
ISSUED BY
First American Title Insurance Company
FIRST AMERICAN TITLE INSURANCE COMPANY,a Calffomia capaation("Company"),fa a valuable consideration,commits to iswe its policy or policies of title iowrance,as
identified in Schedule A,in favor of the Proposcd Insured names in Schedule A,as owner a mortgage of the estate or interest in the land desc�bed or referred to in Schedule A,
�pon payment of the premiums and charges and compliance with the Requiremmts;aN wbject to the provisions of Schedules A and B and to the Conditions of this Canmitment.
This Commitment shall be effective only when the identity of the Proposcd Inwred and the amount of the policy or policies committed fa have been inserted in Schedule A
by the Company.
AN Nab�ity and obligation under this Commitment shaN cease and terminate siz(6)months after the Effective Date or when the policy w polkies commftted for shall iswe,
whichever first occurs,provided that the fa�ure to issue the policy or poicies is not the fault of the Company.
The Company wiq provide a sample of the policy form upon request.
This Commitment shall not be vaad a binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOf,First American TiUe I�urance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in SchedWe A.
CONDITIONS
1.The term mortgage,when used herein,shall include deed of trust,trust deed,or otf�er security i�wmen[.
2.If the proposed I�ured has or acquired actual knowledge of any defec4 lien,encumbrance,adverse claim or otl�er matter affecting the estate or interest or mortgage thereon
covered by this Commitment other than those shovm in Schedule B he�eof,and shall fail to discbse such krawledge to the Company in writing,the Company shaN be relieved
from liability for any loss or damage resu�ing from any xt of rNiance hereon ro the extent the Company is prejudiced by faiNxe to w discbse wch knowledge.If the proposed
Ir�xed shall disclose wch krawledge to the Company,or if the Company otherwise xquires actual knowledge of aay such defect,lien encumbrance,adverse claim or other
matter,the Company at its aptlon may amend Schedule B of this Commitment xcordingly,but wch amendment shall not rekeve the Company from liability previously incurred
pursuant to paragraph 3 of U�ese Conditioas and Stipulations.
3.Li�ity of the Company under this Commitment shaN be ordy to Ihe named proposed I�ured and such parties included iaber the definition of the Ir�swed in the fam of policy ar
policies committed for and only for actual bss inc�red in rNiance hereon in undertaking in good faith(a)to comply with the requirements hereof,or @)ro eliminate exceptions
slawn in Sche�e 8,or(c)to acquire a create the estate or interest or mortgage thereai covered by this Cammitment.In no event shall such liability exceed the amount
stated in Schedule A for the policy or policies committed for and such liability is wbject to the insuring provisions and Conditions and Stipulations and the Ezclusions
from Coverage of the form of policy or policies committed fa in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this
Canmitment except as expressly mod�ed herein.
4.This Commitment is a conVact to issued aie or more tltle inwrance policies and is rat an abstract of tiUe or a report of the cabition of tiUe.Any action a actions or
rights of xtion that the proposed Inwred may have a may bring agairnt the Campany arising out of the status of tf�tiUe to the estate or interest or the status of
the mortgage thereon covered by this Commitment must be based on and are subject ro the provisions of this Cammitment.
5.The policy to be issued coMai�an arbiVation dause.AA arbiVable matters when the Amount of Inwrance is 52,000,000 or less shall be arbivated at the option of either
the Company a the I�ured as the exdusive remedy of the parties.You may review a copy of the arbiVatiao rules as www.alta.ag
FIRST AMERICAN TITLE INSURANCE COMPANY
Issued by:
LAND TITLE GUARANTEE COMPANY
3033 EAST FIRST AVENUE
SUITE 600 �'"`"'
PO BOX 5440 (80217)
DENVER, CO 80217
Dennis J.Gilmore
President
� `
AMF-
♦
LAND TITLE
AS50(:IATION
A 'ed Off or Agent
Timoth Kemp
CC.FA.06 �fet�ry ""
Land Title Guarantee Company
CUSTOMER DISTRIBUTION
Land T�le
GUARANTEECOMPANV
NWM.LtGC.COM
Date: 03-22-2013 Our Order Number: V50035807
Property Address:
1464 GREEIVHILL COURT AKA UNIT B LOT 19 GLEN LYON SUB VAIL, CO 81657
I/'you have any inqui�ies or reqaire further assistance,p/ease contact one of the n�mbe�s be%w:
For Title Assistance:
Vail Title Dept.
610 WEST LIONSHEAD CIRCLE#200
VAIL,CO 81657
Phone:970-476-2251
Faac: 970-476-4534
EMail: eaglecountyrequests@ltgc.com
GREGORY PERKINS LLC
710 W LIONSHEAD CIR#B
VAIL,CO 81657
Attn: ELIZABETH GROSS
Phone: 970-306-7554
Fax: 866-393-9835
EMail:elizabeth@gperkinslaw.com
Sent Via EMail
Land Title Guarantee Company
Date: 03-22-2013
]�n(��e Our Order Number: V50035807
GUARANTEE COMPANV
nww.ircc.cow
Property Address:
1464 GREENHILL COURT AKA UNIT B LOT 19 GLEN LYO1V SUB VAIL, CO 81657
BuyerBorrower:
A BUYER TO BE DETERMINED
Seller/Owner:
RICHARD DULUDE AND JEAN DULUDE
Need a map or directions for your upcoming closing?Check out Land Title's web site at www.ltgc.com
for directions to an of our 54 office locations.
ESTIMATE OF TITLE FEES
TBD Commitment $100.00
If Land Title Guarantee Co�pany will be closing this transaction, above fees will be collected at that time.
TOTAL $100.o0
ro�CONTIICT 06/04 THANK YOU FOR YOUR ORDER!
LAND TITLE GUARANTEE COMPANY
INVOICE N0. VA-6709
Land T�le
GUARANTEECOMPANY
WWW.IiGC.COM
GREGORY PERKINS LLC
710 W LIONSHEAD CIR#B
VAIL, CO 81657
Owner: RICHARD DULUDE AND JEAN DULUDE
Address: 1464 GREENHILL COURT AKA UNIT B LOT 19 GLEN LYON SUB VAIL, CO 81657
Invoice Date: March 22, 2013
Order No. V50035807
Invoice Charges
TBD Commitment $100.00
-Amount Due- $100.00
Due and payable upon receipt.
For Remittance please refer to Invoice No. VA-6709
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. V50035807
Schedule A Cust. Ref.:
Property Address:
1464 GREENHILL COURT AKA UNIT B LOT 19 GLEN LYO1V SUB VAIL, CO 81657
1. Effective Date: March 13, 2013 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"TBD" Commitment $0.00
Proposed Insured:
A BUYER TO BE DETERMIIVED
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:
RICHARD DULUDE A1VD JEAN DULUDE
5. The Land referred to in this Commitment is described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
Our Order No: V50035807
LEGAL DESCRIPTION
PARCEL B:
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PART OF LOT 19, AMENDED PLAT OF GLEN LYON SUBDIVISION, A SUBDNISION RECORDED
I1V THE OFFICE OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER, DESCRIBED AS
FOLLOWS:
BEGIIVNING AT A POINT WHENCE THE NORTHEASTERLY CORNER OF LOT 19 BEARS NORTH 46
DEGREES 12 MIIVUTES 36 SECONDS EAST 117.11 FEEET; THEIVCE SOUTH 10 DEGREES 58
DEGREES 17 MINUTES WEST 36.50 FEET; THENCE 1VORTH 79 DEGREES O1 MINUTES 43
SECONDS WEST 46.50 FEET; THENCE 1VORTH 10 DEGREES 58 MIIVUTES 17 SECONDS EAST
36.50 FEET; THENCE SOUTH 79 DEGREES O1 MINUTES 43 SECONDS EAST 6.70 FEET;
THENCE NORTH 10 DEGREES 58 MINUTES 17 SECOIVDS EAST 2.40 FEET; THENCE SOUTH 79
DEGREES O1 MINUTES 43 SECOIVDS EAST 6.10 FEET; THENCE SOUTH 10 DEGREES 58
MINUTES 17 MIIVUTES WEST 2.40 FEET; THEIVCE SOUTH 79 DEGREES O1 MINUTES 43
SECONDS EAST 33.70 FEET, TO THE POIIVT OF BEGIIVNING, TOGETHER WITH AN UNDIVIDED
1/3 INTEREST IN AND TO PARCEL C, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF LOT 19, AMENDED PLAT OF GLEN LYON SUBDIVISION, A SUBDIVISION RECORDED IN
THE OFFICE OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER, WITH THE
EXCEPTION OF PARCEL B DESCRIBED ABOVE AND PARCEL A DESCRIBED AS FOLLOWS:
PARCEL A:
A PART OF LOT 19, AMENDED PLAT OF GLEN LYON SUBDIVISION, A SUBDIVISION RECORDED
I1V THE OFFICE OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER, DESCRIBED AS
FOLLOWS:
BEGIIVNING AT A POINT WHEIVCE THE NORTHEASTERLY CORNER OF SAID LOT 19 BEARS 1VORTH
46 DEGREES 12 MINUTES 36 SECOIVDS EAST 117.11 FEET; THENCE 1VORTH 10 DEGREES 58
MINUTES 17 SECONDS EAST 69.90 FEET; THENCE NORTH 79 DEGREES O1 MINUTES 43
SECONDS WEST 50.20 FEET; THENCE SOUTH 10 DEGREES 58 MINUTES 17 SECONDS WEST
69.90 FEET; SOUTH 79 DEGREES O1 MINUTES 43 SECONDS EAST 10.40 FEET; NORTH 10
DEGREES 58 MINUTES 17 SECONDS EAST 2.40 FEET; THENCE SOUTH 79 DEGREES O1
MINUTES 43 SECONDS EAST 6.10 FEET; THENCE SOUTH 10 DEGREES 58 MINUTES 17
SECOIVDS WEST 2.40 FEET; THENCE SOUTH 79 DEGREES Ol MIIVUTES 43 SECONDS EAST
33.70 FEET, TO THE POINT OF BEGINIVING.
TOGETHER WITH THE PERPETUAL USE OF EASEMEIVT D DESCRIBED AS FOLOWS:
A PART OF LOT 19, AMENDED PLAT OF GLEN LYON SUBDIVISION, A SUBDIVISION RECORDED
IN THE OFFICE OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER, DESCRIBED AS
FOLLOWS:
BEGINNIIVG AT A POINT WHENCE THE NORTHEASTERLY CORNER OF SAID LOT 19 BEARS NORTH
51 DEGREES 02 MIIVLJTES 44 SECONDS EAST 124.99 FEET; THEIVCE NORTH 10 DEGREES 58
MINUTES 17 SECONDS EAST 15.90 FEET; THENCE NORTH 79 DEGREES O1 MINUTES 43
SECONDS WEST 20.80 FEET; THEIVCE SOUTH 10 DEGREES 58 MINUTES 17 SECONDS WEST
15.90 FEET; THENCE SOUTH 79 DEGREES O1 MINUTES 43 SECONDS EAST 20.80 FEET, TO
THE POIIVT OF BEGINNING.
ALTA COMMITMEIVT
Schedule B- Section 1
(Requirements) Our Order No. V50035807
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
interestto 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. EVIDENCE SATISFACTORY TO THE COMPAIVY THAT THE TERMS, CONDITIONS AND
PROVISIOIVS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED.
2. WARRANTY DEED FROM RICHARD DULUDE AND JEAN DULUDE 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 A1VD/OR CHARGES
REFLECTED HEREIN, IF A1VY, ARE SUBJECT TO CHAIVGE 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. V50035807
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 Pablic Records.
8. RIGHT OF PROPRIETOR OF A VEI1V OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PEIVETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16, 1909, IN BOOK 48
AT PAGE 542.
9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16,
1909, IN BOOK 48 AT PAGE 542 AND RECORDED OCTOBER 2, 1946 IN BOOK 132 AT
PAGE 405.
10. RESERVATIOIV AS TO THE NORTHWEST 1/4 OF SECTION 12 TOWNSHIP 5 SOUTH, RANGE
81 WEST OF THE RIGHT OF WAY OF THE UIVITED STATES, ITS PERMITTEE OR
LICENSEE, TO ENTER UPON, OCCUPY AND USE A1VY PART OR ALL OF SAID LAND FOR
THE PURPOSES PROVIDED IN THE ACT OF JUNE 10, 1920 (41 SAT. 1063) AS
RESERVED I1V THE PATENT RECORDED OCTOBER 2, 1946 IN BOOK 132 AT PAGE 405.
11. RESTRICTIVE COVENANTS WHICH DO NOT COIVTAIN 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
ALTA COMMITMENT
Schedule B - Section 2
(Exceptions) Our Order No. V50035807
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:
SET FORTH I1V APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED
IN INSTRUMENT RECORDED APRIL 04, 1978, IN BOOK 268 AT PAGE 698 AND AS
AMENDED IN INSTRUMENT RECORDED AUGUST 25, 1987, IN BOOK 468 AT PAGE 447
THROUGH 472 AND AS RERECORDED IN INSTRUMENT RECORDED SEPTEMBER 15, 1987 IN
BOOK 469 AT PAGE 801, AND AS AMENDED IN IIVSTRUMENT RECORDED MAY 2, 1990 IN
BOOK 528 AT PAGE 154 AND AS AMENDED I1V IIVSTRUMEIVT RECORDED MARCH 5, 2007
UNDER RECEPTION NO. 200705601.
12. EASEMENTS, CONDITIOIVS, COVEIVAIVTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE AMENDED PLAT OF GLE1V LYON SUBDIVISION RECORDED JULY 18, 1978 IN BOOK
272 AT PAGE 370.
13. TERMS, CONDITIOIVS AND PROVISIONS OF TOWNHOUSE DECLARATION FOR LOT 19 GLEN
LYON DUPLEX 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 COVEIVAIVT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS
CONTAINED IN INSTRUMENT RECORDED 1VOVEMBER 06, 1981 UNDER RECEPTION NO.
228129
14. EASEMENTS, CONDITIONS, COVEIVAIVTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF GLEN LYON DUPLEX RECORDED NOVEMBER 06, 1981 UNDER RECEPTION
1V0. 228128.
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 junsdiction shall be obtained from the County
Treasurer or the County Treasurer s authorized agent.
C) The information regard'ing special districts and the boundaries of such districts ma be obtained from
the Board of County Comm�ssioners, the County Clerk and Recorder, or the Coun�y Assessor.
Note: Effective September l, 1997, CRS 30-10-406 requires that all documents received for recording or�ling
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 docaments using forms
on which space is provided for recording or filing information at the top margm of the document.
Note: Colorado Division of Insurance Re ulation 3-5-1, Section 7L 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 entiiy conducts the closing and is responsible for recordin 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 recordin�the
lega(documents from the transaction, exception number 5 will not appear on the Owner s Title
Policy and the Lenders Policy when issued.
1Vote: Af�rmative mechanic's lien�rotection for the Owner may be available (ty�ically by deletion
of Exception no. 4 of Schedule B, ection 2 of the Commitmeni from the Owner s PoIicy to be
issued)upon compliance with the followin�conditions:
A) The land descr�bed 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
constraction on the land described in SchedWe A of this Commitment within�he past 6 months.
C) The Com�any must receive an appropriate affidavit indemnifying the Company agamst 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, �mprovements or ma�or repairs undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements ro obtain coverage
for unrecorded liens will include: disclosure of certain construction information; financial mformation
as to the seller, the builder and or the contractor; payment of the appropriate premium fully
execated Indemnity A reements satisfactory to the comQany, and, any additional requirements
as may be necessary a�ter 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
exce�ption, 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 incrude the right to enter and use the properiy without t�ie
surface owner's permission.
Note: Pursuant to CRS 10-1-128(6)(a) It is unlawful to knowin�ly provide false, incomplete, or misleading facts or
information to an insurance company f`or the purpose of defrau mg or attempting to defraud the company.
Penalties may include imprisonment, fines, information to an insurance company for the parpose of defrauding or
incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting
attemptmg to defraud the policyholder or claimant with regard to a settlement or award payable from insurance
proceeds shall be reported to tFie Colorado division of insurance within the department of regulatory agencies.
Nothing herein contained will be deemed to obligate the com_pany to provide any of the coverages
referrea to herein unless the above conditions are fully satisf3ed.
DISCLOSURE 02/2011
First American Title Insurance Company
PRIVACY POLICY
We are Committed to Safeguarding Customer Information
In order ro better serve your needs now and in the future, we may ask you to provide us with certain
information. We anderstand 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 ase 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 soarce, sach 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 af�liated companies, or to other financial institations
with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our c�stomer, 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 oar 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 Tide, LLC, d/b/a Land Title Guarantee Company-Grand Junction.
We want yo�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 con�dence is the bedrock of oar business. We maintain and regularly review internal and external
safegaards 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 commanications 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 procednral 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 INFORMATIOIV 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 lnformation when otherwise permitted by applicable
privacy laws such as, for example,when disclosure is needed to enforce our rights arising out of any agreement,
transaction or relationship with you.
Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our
privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
Form PRIV.POL.LTG.1
Commltment for Title Insurance
ISSUED BY
First American Title Insurance Company
FIRST AMERICAN TITLE INSURANCE COMPANY,a Califomia corporation("Company"►,for a valuable consideration,commits to iswe its policy or policies of title insurance,as
ideMified in Scheduk 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 wbject 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 Pro�rosed Inwred and the amount of the policy or policies committed fw have been inserted in Schedule A
by the Company.
AA liability and obligaGon under this Commitment shall cease and terminate six(6)months after the Effective Date or when the policy or policies cammitted fa shall iswe,
whichever fust acurs,provided that the failure ro iswe the policy a policies is not the fault of the Company.
The Company wiB provide a sample of the policy fam upon request.
This Commitment shall not be valid w bindirg until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF,First American TiUe Insurance Company has caused its corporate name and seal to be affized by its duty auUarized officers on the date shown in Schedule A.
CONDITIONS
1.The term mortgage,when used herein,shaN include deed of trust,trust deed,or otf�er security i�wment.
2.If the proposcd Imured 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 tfase shown in Schedule B hereof,and shall fail to discbse wch kiwwledge to the Company in writirg,the Company shall be reGeved
from IiabiGty far any loss a damage resWting from any xt of reliance hereon to the extent the Company is prejudiced by failure to so discbse wch knowledge.If the proposed
I�ured shall tkscbse wch krawledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect,lien enambrance,adverse claim a other
matter,the Company at its aptian may amend Sche�le B of this Commitment accordingly,but wch amendment shall not rekeve the Compaoy from liabikty previously incurred
purwant to paragraph 3 of these Conditions and Stipulations.
3.Li�ility of the Company under this Commitment shall be only to the named proposed Insured aad wch parties included under the definition of the Inwred in the fam of policy or
policies committed for and only fa actual loss incurred in reliance he►eon a�undertaking in good faith(a)to comply with the requirements hereof,w(b)to eliminate excepta�
shown in Schedule B,or(c)to acquire a create the estate a interest a mortgage thereon covered by this Commitment.In no event shall wch liability exceed the amount
stated in Schedule A for the policy or poNcies committed for and such liab�ity is subject to the insuriag provisions and Condtiais and StlpuWtions arM the Exclusions
from Coverage of the fam of policy or policies committed for in favor of the prqased Insured which are hereby incorporated by reference and are made a part of this
Commitmmt except as expressly modified herein.
4.This Commitmmt is a conUact to iswed one or more title insurance policies and is not an abstrxt of title or a report of the condition of title.Any action or actions or
rights of xtlan that the proposed Inwred may have a may bring agai�t the Company arising out of the status of the tiUe to the esWte or interest a the status of
the mortgage tl�ereon covered by this Commitment must be based on and are subject to the p►ovisior�s of this Commitment.
5.The policy ro be iswed contairn an arbiVation dause.All arbivable matters when the Amount of I�urance is 52,000,000 or less shall be arbitrated at the option of either
the Company or the Inwred as the exclusive remedy of the parties.You may review a copy of the arbiVa6on rules as www.alU.org
FIRST AMERICAN TITLE INSURANCE COMPANY
Iswed by:
LAND TITLE GUARANTEE COMPAIVY
3033 EAST FIRST AVENUE
SUITE 600 ��^^'
PO BOX 5440 (80217)
DENVER, CO 80217
Dennis J.Gilmore
President
� ,
, AMF-
LAND TITLE
ASSO[;IAI'ION
A 'zed Off or Agent
jimothy Kemp
CC.FA.O6 aecretSry TM
AMENDED AND RESTATED PARTY WALL AGREEMENT
WHEREAS, Douglas H. Kirkpatrick and Joan M. Kirkpatrick, as joint tenants
(together, the "Kirkpatricks"), and Richard Dulude and Jean Dulude (together, the
"Duludes"), are the owners in fee simple of the following real estate, hereinafter"subject
properly", situated in the Town of Vail, County of Eagle and State of Colorado,to wit:
Lot 19A and Lot 19B, , according to the plat thereof recorded in
the Office of the Clerk and Recorder of Eagle County, Colorado on
(the "Plat"). �
Y�
WHEREAS, a duplex consisting of two (2) dwelling uni xi on the subject
properly;
;,£
WHEREAS, the Kirkpatricks and their successor ownership Lot 19A are
herein referred to as the "Lot 19A Owner", and the - lude and their c essors in
,�
ownership of Lot 19B are herein referred to as the " 19 wner". e Lot 19A
Owner and Lot 19B owner may each be generically refer" ein as a `owner", and
collectively as the"owners"; �
'�
WHEREAS, the dwelling units are ta ucted h that there are areas of
vertical overlap between the units, which req re ease o provide for the use of
such areas; ���
.�'"�'�� �"
��
WHEREAS,the own wish provi for s��arate ownership of such units and
certain separately owned p a for ce ` in property to be held by owners of the
dwelling units as tenants-in-c o °
WHERE dwe "g un ave been governed by that Townhouse
Declaration for t 19, . Ly uplex, recorded at book 331, page 771, reception no.
228129 on mber 6,` 81, i Office of the Clerk and Recorder, Eagle County,
Colorado("De ���� ation") � �%�����
'��
'�;� �
WHER " , the �claration may be amended upon unanimous written approval
of all owners an lie rs holding a first mortgage or first deed of trust on the subject
property; and
� �
�. ��
WHEREAS,there are no lienors holding a first mortgage or first deed of trust on
the subject property and all owners unanimously wish to amend and restate the
Declaration in its entirety as provided herein and to subject the dwelling units to certain
covenants relating to common ownership of the party wall and other property, and to set
forth certain easements for the benefit of each of the owners of the dwelling units.
NOW THEREFORE, the owners do hereby publish and declare that the
following terms, covenants, conditions, easements, restrictions, uses, reservations,
limitations and obligations as set forth in this Amended and Restated Party Wall
1
Agreement("Agreement") shall replace the Declaration in its entirety, shall be deemed to
run with the land described herein, and shall be a burden and a benefit to the owners,
their successors and assigns, and any person acquiring or owning an interest in the real
property which is described herein and improvements built therein, their grantees,
personal representatives, heirs, successors and assigns.
1. Division of Real Property into Two Lots. The subject property is, hereby
and upon the recording of the Plat, divided into two parcels (individually, a "Lot" and
collectively, the "Lots") each consisting of the Lot designated with the responding
letter, together with all improvements thereon and all easements a fi ts located
thereon or appurtenant thereto as provided herein, as follows:
Lot 19A
Lot 19B
such Lots being shown on the Plat. ��� �
2. Description of Lot.
,.�,
(a) Each Lot shall be inseparabl � d may leased, rented, devised or
encumbered only as a residence.
�
(b) Title to a Lot may e held i iv' o �n any form of concurrent
ownership recognized in Colora . case s oncurrent ownership, each co-
owner shall be jointly and s erally able perfc�'mance and observance of all the
duties and responsibilities "ow r" wi ' respect to the Lot in which he owns an
interest. For the purposes her th hall b ' med to be only two owners, the owner
of Lot 19A and the owner e parties, if more than one, having the
ownership of ea hall ee a themselves how to share the rights and
obligations of s owrr ip, Il such parties shall be jointly and severally liable for
performance observa of a the duties and obligations of an "owner" hereunder
with respect to Lot in ich t own an interest.
(c) A ° contr of sale, deed, lease, deed of trust, mortgage, will or other
instrument affect� a L may describe it by its Lot number and by reference to the Plat.
(d) Eac' ot shall be considered a separate parcel of real property and shall be
separately conveyed, encumbered, assessed and taxed.
3. Driveway, Landscaping and Service Facilities.
(a) Each owner shall have the right to the use the shared driveway serving
both Lots. Snow removal and plowing may become necessary from time to time, and
arranging these services shall be handled by agreement of the owners from time to time.
Due to the fact that the driveways is equally shared, the expenses of such services shall
be borne by each Lot owner equally unless agreed otherwise in writing. In the event
2
either owner pays the entire invoice charged by a snow removal or snow plow provider,
the other owner shall reimburse the paying owner for the nonpaying owner's
proportionate share of the expense. Each owner shall be responsible for the maintenance
and repair of decks and walkways located on his or her Lot. No owner shall hinder or
permit his family, agent, or invitee to hinder reasonable access by the other owner and his
family, agent, and invitee to the other owner's dwelling unit or parking area or park or
permit his family, agent, or invitee to park any vehicle on any area of the driveway
located on the other owner's Lot without the consent of the other owner. Maintenance,
repair, or improvement of the driveway and parking areas shall be undert n upon the
agreement of the owners, and the owners shall share equally in the expe reof.
(b) The owners from time to time shall undertake h dscaping and
general outdoor improvements as they may deem prop r or harmonious
improvement of both dwelling units in a common theme, a c t fo y expense or
liability caused through the negligence or willful act of owner, his ily, agent or
invitee, which shall be borne solely by such owner, th pens s, liabiliti nd general
upkeep responsibilities with respect to such landscaping d o oor impr ents shall
be borne 2/3 by the owner of Lot 19A and 1/3 by the ow t 19B. T e character of
the landscaping as initially installed on e Lot sh not be changed and new
landscaping must conform to the existing ° caping ept as otherwise mutually
agreed upon in writing by both owners. The of one shall not unreasonably or
substantially adversely affect the value of the th t such y poor maintenance and
upkeep outside, and both owners shall m e easo ble efforts to preserve a
harmonious common appearanc Lots.
� ���
(c) Common u " or vice rt nnections, common facilities or other
common equipment and pro , ' ny, s " be owned as tenants in common and,
except for any expenses or lia ' d t ough the negligence or willful act of any
owner, his famil or i ee, shall be borne solely by such owner, all
expenses and ' ilities ce with such property shall be shared proportionately
with such o hip. T wne ' necessary, shall designate one owner to receive all
joint utility bil oweve ` e bi " will be in the joint names of both owners) which are
used in commo ith bot ots and that designated owner shall be responsible, subject to
contribution fro " e oth �`owner for his share of the expense, for the payment of such
utility. All such mo expenses shall be borne 2/3 by Lot 19A and 1/3 by Lot 19B.
The designated o r all notify the appropriate utility company and inform them of the
common billing ad ss. Where separate meters for measuring costs or expenses for such
utility service are�available, such cost shall be an individual expense and not a joint
expense of the owners. Expenses for construction and future maintenance, replacement
and repair of future common utility services to the subject property shall be allocated
among the owners of the Lots as described above for replacement, repair and
maintenance expenses of existing utilities. Notwithstanding the above, if a utility is
separately metered but such service or any portion thereof is for the benefit of both Lot
19A and Lot 19B, then the cost of such service shall be equitably adjusted between the
owners.
3
4. Party Wall.
(a) Each owner of a separate Lot shall have a perpetual reciprocal easement in
and to that part of the subject property owned by the other owner and on which the party
wall is located, for party wall purposes, including maintenance, repair, and inspection;
neither owner shall alter or change the party wall in any manner, interior decoration
excepted, and the party wall shall always remain in the same location as when erected.
The costs of maintaining the party wall shall be borne 2/3 by Lot 19A and 1/3 by Lot
19B.
(b) In the event of damage or destruction to the party w rom any cause,
other than the negligence of either party, the current owners shall, oi xpense, repair
or rebuild said wall to its previous condition which specifica clu` the previous
sound transmission coefficient, and each party, their success ssig hall have the
right to the full use of said wall so repaired and rebuilt. If er owner's ligence shall
cause damage to or destruction of said wall, such negli :� part�shall bear ntire cost
of repair and reconstruction. �
,� �
(c) Either owner shall have the ri to break ough the party wall for the
purpose of repairing or restoring utilities, sub ' to the o ation to restore said wall to
its previous structural condition, which e ally i des the previous sound
transmission coefficient, at his own expense d aym o the adjoining owner of
any damage caused thereby. Either wner sh I h e ri t to make use of the party
wall provided such use shall no �' the s �ura ' ort or the sound transmission
coefficient of the party wall. §,�.�` ¢,� ��'
�.;�
� � P
5. Alteration Mai na H.and R � �
� � � �
(a) If ovem' on L "A or Lot 19B is damaged or destroyed, such
damage or de ctio all promptly repaired and reconstructed. Repair and
reconstructi 'eans th esto of the improvements to substantially the same
condition in w ° they � ted or to such damage or destruction. The cost to repair
and reconstruct impro ment on Lot 19A or Lot 19B shall be the sole expense of the
owner of said L" excep `s modified by the provisions of this document and without
prejudice, howev` " to t right of any rule of law regarding liability for negligence or
willful acts or om i " s. Notwithstanding anything contained above to the contrary, if
the negligence or ful act or omission of any owner, his family, agent or invitee, shall
cause damage to, or destruction of any improvement on any Lot, such owner shall bear
the entire costs of repair or reconstruction.
(b) Each owner shall be solely responsible for all maintenance and repair of
the interior of his residence, including all fixtures and improvements and all utility lines
and equipment located therein or in, on or upon his residence, and serving such residence
only. The owner of Lot 19B shall be solely responsible for all maintenance and repair of
the interior of the Garage, as defined in Section 10(c) below, including all fixtures and
improvements and all utility lines and equipment located therein. In performing any
4
interior maintenance and repair, no owner shall do any act or work which impairs the
structural soundness of either dwelling unit or the party wall or which interferes with any
easement granted or reserved herein.
(c) The Lot 19A Owner shall provide routine exterior maintenance and
exterior repair upon the dwelling unit located on Lot 19A and the unimproved portions of
Lot 19A, including, but not limited to, the exterior walls and the roof housing the
dwelling unit; provided, however, that the Lot 19B Owner shall provide all maintenance,
repair and replacement of the Garage. In addition to the Garage,the Lot 19 wner shall
provide routine exterior maintenance and exterior repair upon the dwe g it located
on Lot 19B and the unimproved portions of Lot 19B, including, bu � limited to, the
exterior walls and the roof housing the dwelling unit. The owne ach bear their
respective costs incurred in connection with the obligations cont i ' in paragraph.
(d) Utility or service connections, facilities other utility ` ipment and
property located in, on or upon either of Lot 19A or t 19 which is . d solely to
supply a service or utility one Lot shall be owned by ow' r of the L sing such
utility or service and all expenses and liabilities for repai tenance all be borne
solely by the owner of such Lot who shall hav perpetua sement in and to that part of
such other Lot containing such property ; urposes maintenance, repair and
inspection. ; �:; .
(e) No owner shall make or suffer " y ural design change (including a
color scheme change), either pe t or te ra .any type or nature whatsoever
to the exterior of his Lot or " stru ny a ition �"improvement on his Lot without
first obtaining the prior wri onse theret rom the other owner, which consent shall
not be unreasonably withheld " el �` -�
(fl W "' wne eith t, in compliance with the other provisions of
this Agreemen desire bui renovate, excavate, improve or otherwise alter the
structures or, roveme loca n his Lot, and where the owner has obtained the
written consen ereto o e ot owner as provided in Subsection (e) above in this
Section, the ow � of the ' er Lot shall cooperate to the extent necessary to enable that
owner to obta any quired building permit or similar permit or license.
Notwithstanding thi contained herein, no owner may modify any improvement that
would utilize mor the zoning density or other zoning rights available to such Lot.
Lot 19A shall be e led to 2/3 of all zoning density or rights allocated to Lots 19A and
19B collectively, and Lot 19B shall be entitled to 1/3 of any such zoning density or
rights. Any costs or expenses associated with a building or similar permit shall be the
expense of the owner desiring said permit and shall not be a joint expense of the owners
of both Lots.
(g) It is hereby acknowledged that the owner of Lot 19A wishes to expand the
dwelling unit on Lot 19A as such expansion is depicted in those architectural plans
("Plans")dated , and prepared by The Duludes, by
5
their execution of this Agreement, hereby grant their approval of such expansion and
renovation as required by subsection (e) above in this Section.
(h) [n the event that either Lot, or fraction thereof, is taken by eminent domain
or in condemnation, the owner of that Lot shall receive any sums payable with respect to
such taking. In the event that both Lots, or any fractions thereof, are taken by eminent
domain or in condemnation, the owners shall equitably divide any sums payable pursuant
to such taking in proportion to the relative values of the Lots, or fractions thereof, taken
with respect to the Lots.
�.
6. Mechanic's Liens, lndemnification.
(a) Except for items incurred as a common expense s rovi for herein, if
any owner shall cause any material to be furnished to his Lo n imp ements made
thereon or cause any labor to be performed therein or ther , or if the o r of Lot 19B
causes material to be furnished or work to be perfo in t e Garage the Garage
Easement, set forth in Section 10(c), the other owner s no nder any umstances
be liable for the payment of any expense incurred or fo e e of any ork done or
material furnished; all such work shall be at e expens the owner causing it to be
done, and such owner shall be solely respo to con tors, laborers, materialmen
and other persons furnishing labor or material f 's Lot o y improvements therein or
thereon. The owner of Lot 19B shall be solel ,re sible xpenses incurred for any
work or materials he causes to b furnish i ; po the Garage or the Garage
Easement pursuant to Section Nothi ere ntained shall authorize either
owner or any person dealing ugh, 'th or der ei er owner, to charge the Lot of the
other owner with any mec 's lie ' r oth lien or encumbrance whatsoever; and, on
the contrary (and notice is by en), t ight and power to charge any lien or
encumbrance of any kind agai o er or the other owner's Lot for work done
or material furnis e ow 's Lo ereby expressly denied and prohibited.
(b) cept as ovid r in Section 9 below, if because of any act or
omission of eit owner me nic's or other lien or order for the payment of money
shall be filed a st the er owner's Lot or any improvements therein or thereon, or
against the other ner( ether or not such lien or order is valid or enforceable as such),
the owner whose ' or ission forms the basis for such lien or order shall, at his own
cost and expense, the same to be cancelled and discharged of record or bonded by a
surety company re nably acceptable to the other owner, within twenty (20) days after
the date of filing t ereof, and further shall indemnify and save the other owner harmless
from and against any and all costs, expenses, claims, losses or damages, including
reasonable attorneys' fees, resulting therefrom.
7. Use Restrictions.
(a) The Lots shall be used for residential purposes only as a permitted use,
and conditional and accessory uses shall be as defined by the Town of Vail zoning
ordinances. No structures of a temporary character, trailer, tent, shack, garage, barn or
6
other out-building shal) be used on any portion of any of the subject property at any time
as a residence, either temporarily or permanently.
(b) No animals, livestock or poultry of any kind shall be raised, bred or kept
on any of the subject properly, except that each owner may keep and maintain within his
dwelling unit two domesticated dogs and two domesticated cats, provided that such
domesticated animals are kept under control at all times, and provided that they are not
kept, bred or maintained for any commercial purposes and provided further that they do
not unreasonably interfere with the quiet enjoyment of the other Lot by i wner. Any
clean-up required or damage caused by an animal kept by an ow II be the
responsibility of such owner keeping the animal, and each owner i ` nifies the other
for any damage or injury to person or property caused by any anim e y an owner.
(c) No advertising signs (except one "For Rent" " r Sa of not more
than three (3) square feet per Lot), billboards, unsightl jec s or nui ces shall be
erected, placed or permitted to remain on the subject p erty, or shall a t be used
in any way or for any purpose which may endanger the th o nreasona" disturb the
owner or resident of the adjoining Lot. °�
(d) All rubbish, trash or garbage be reg ly removed from each Lot
and shall not be allowed to accumulate ther n 1 such enses are the expenses of
each individual owner, and are not a joint exp se e ow
,
(e) An owner shall ���� � t nor � �wo '��� ' t�will impair any easement or
hereditament or do any act or ow a condi, n to st which will adversely affect the
other Lot. t ''`
��x
(� No exterior mo sh wave, television or other type of antenna
whatsoever or tan kind, her e ed or buried, or clothes-line or incinerator of
any kind what ver o tside rage of any personal property shall be permitted or
maintained her dwe g un " hout the prior written approval of both owners.
�
fi
(g) owne ay keep no more than two automotive vehicles permanently
at his dwelling it. P king of boats, trailers, campers, motor homes, ATV's or
recreational vehi o ither Lot is expressly prohibited, except if fully contained
within a garage. °�
(h) No`"time sharing", "interval ownership" or similar interest, whereby
ownership of a dwelling unit is shared by owners on a time basis, shall be established on
either dwelling unit without the prior written approval of both owners, which approval
shall be reflected in a document of record.
8. Insurance.
(a) Each owner shall keep his Lot and all improvements and fixtures located
thereon insured against loss or damage by fire and extended coverage perils (including
7
vandalism and malicious mischie� for the maximum appreciated replacement value
thereof, and covering such other risks of a similar or dissimilar nature as are or shall
hereafter customarily be covered with respect to similar properties issued by a
responsible insurance company or companies authorized to do business in the State of
Colorado. Property insurance carried by the Lot 19A Owner shall include the structure of
the Garage, but not any interior betterments or personal property located within the
Garage.
(b) Each owner shall provide and keep in force for the protect' � of himself
general public liability and property damage insurance against claims fo o injury or
death or property damage occurring in, on or upon his Lot and the im ements thereon,
in a limit of not less than Five Hundred Thousand Dollars ($50 ) in respect to
bodily injury or death to any number of persons arising out of o e cid or disaster, or
for damage to property, and if higher limits shall at any ti cust ry to protect
against tort liability, such higher limits shall be carried ea owner II name the
other owner as an additional insured party under such p y.
(c) Each owner shall deliver to the other o ificates videncing all
insurance required to be carried under this Se 'on upon onable request. Each owner
shall have the right to inspect and copy all su urance " 'cies of the other owner and
require evidence of the payments of premium n.
(d) Nothing provided in this Sec n rev�ent the owners from jointly
acquiring a single insurance pol' over ne 'ore of the hazards required in
this Section. Such premium all b pport ned ac rding to the relevant coverage to
each Lot.
(e) Insurance cove o rsonal property items stored within the
improvements lo eac ot sh e the responsibility of the owner of such
personal prope . Ho r, no g herein shall be construed to require such insurance.
9. orceme
(a) I ���� owne �at any time, shall neglect or refuse to perform or pay his share
of any obligation uir hereunder, the other owner may, but shall not be obligated to,
after twenty (20) ritten notice to the other owner unless the circumstances require
immediate action, ke such payment, or, on behalf of such other owner, expend such
sum as may be necessary to perform such obligation, including but not limited to, the
payment of any insurance premiums required hereunder for repair, restoration or
maintenance, and such other owner shall have an easement in and to that part of such
defaulting owner's Lot as is reasonably necessary for such repair, restoration or
maintenance.
(b) All sums so paid or expended by an owner, with interest thereon at the rate
of eighteen percent (18%) per annum from the date of such payment or expenditure, shall
8
be payable by the owner so failing to perform (the "Defaulting Owner") upon demand of
the other owner.
(c) All sums so demanded but unpaid by the Defaulting Owner shall
constitute a lien on the Lot of the Defaulting Owner in favor of the other owner prior to
all other liens and encumbrances, except: (i) liens for taxes and special assessments; and
(ii) the lien of any first mortgage or first deed of trust of record encumbering such Lot.
The lien shall attach from the date when the unpaid sum shall become due and may be
foreclosed in like manner as a mortgage on real property. To evidence such 'en, written
notice of the lien shall be prepared, setting forth the amount of the unp � t ebtedness,
the name of the Defaulting Owner, and description of the Lot to h the lien shall
attach. Such notice shall be signed by the owner in whose favor 1 shall be filed,
and the lien shall be recorded in the office of the Clerk and c er the County of
Eagle, Colorado. If an owner incurs costs or expenses in con ith collection of
sums expended by such owner, including any costs and enses of rec" ing a lien or
those of any foreclosure or other collection proceedin the D faulting er shall be
required to pay such costs and expenses, including reaso le a rneys' fee
(d) The lien provided for herein s Il be sub nate to the lien of any first
mortgage or deed of trust, including all addi 1 advanc thereon. Sale or transfer of
either Lot as the result of court foreclosure o gage closure through the public
trustee, or any proceeding in lieu of foreclos , extin the lien as to payments
thereof which become due prior to ch sale tr � , bu hall not relieve any former
owner of personal liability there . first gag ' such Lot who acquires title by
way of foreclosure or the tak' of a d in I u ther f shall not, however, be liable for
any past due amounts and/ ` ligati "s due reunder and shall only become liable for
future amounts and/or obligat s o e date comes the owner of such Lot. No such
sale or transfer as described h ' s eli e such Lot from liability for any amounts
or obligations ther com due o m the lien thereof. In the event of the sale or
transfer of a L with ect t hich sums shall be unpaid by a Defaulting Owner,
except transf o a first rtga ' connection with a foreclosure of its lien or a deed
in lieu thereof, purcha or o r transferee of an interest in such Lot shall be jointly
and severally li with t seller or transferor thereof for any such unpaid sums. �
(e) U wr� n request of any owner, mortgagee, prospective mortgagee,
purchaser or other ective transferee of a Lot, the owner of the other Lot shall issue a
written statement mg forth the amount he is owed under this Section, if any. Such
statement is binding upon the executing owner in favor of any person who may rely
thereon in good faith. Unless a request for such statement shall be complied with within
fifteen (15)days after receipt thereof, all unpaid sums which become due prior to the date
of making the request shall be subordinated to the lien or other interest of the person
requesting such statement.
(� Each provision of this Agreement shall be enforceable by any owner by a
proceeding for a prohibitive or mandatory injunction or by a suit or action to recover
damages. If court proceedings are instituted in connection with the rights of enforcement
9
and remedies provided in this Agreement, the prevailing party shall be entitled to recover
its costs and expenses in connection therewith, including reasonable attorney's fees.
(g) Each owner hereby agrees that any and all actions in equity or at law
which are instituted to enforce any provision hereunder shall be brought in and only in
the courts of the County of Eagle, State of Colorado.
(h) Failure to enforce any provision of this Agreement shall not operate as a
waiver of any such provision, the right to enforce such provision therea ° or of any
other provision of this Agreement.
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(i) Any exercise of any right granted hereunder by one with respect to
the other owner's Lot, including but not limited to, the use f y ment granted
herein, shall be exercised in a manner which shall not unr a ly hi r, impede or
impose upon such other owner's use and quiet enjoyment is ot.
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10. Easements.
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(a) Easement for Encroachments. h Lot sha e subject to an easement for
encroachments created by construction, settli d over , previously existing or as
designed and constructed by the owners or ' sult of addition or improvement
pursuant to this Agreement. A valid ease pnt� such roachments and for the
maintenance of same, so long as ey exis ` s d d�es exist. In the event any
improvement is partially or tot � troye d � ebuilt, the owners agree that
minor encroachments of part f an " acent ot due�o construction shall be permitted
and that a valid easement fe` id en- oachm t and the maintenance thereof shall exist
so long as the improvements s ` I st ��� � �-�
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(b) Ea "`��f'p'��'�or S rt an aintenance. Each Lot is subject to a blanket
easement for s ' ort a bla t easement for the maintenance of the residences and
other structu r impro ent ` sently situated, or to be built in the future, on the
Lots. Except a ` t forth ysubs � �on (c) below, the owner of each Lot shall be solely
responsible for repai _��r reconstruction of any structural elements supporting the
improvements o '��hat o ' er's Lot. Notwithstanding anything contained above to the
contrary, if the n 'ige or willful act or omission of any owner, his agent or invitee,
shall cause dama r destruction of any improvement on any Lot, such owner shall
bear the entire cos . f repair or reconstruction. Any alterations to the structural support
for improvements on either Lot shall be governed by the provisions of Section 5 above.
(c) Garage Easement.
(i) Lot 19A shall be subject to an easement ("Garage EasemenY') for
the benefit of Lot 19B across that area of Lot 19A that is designated as "Garage
Easement" on the Plat. The purpose of the garage easement is to provide adequate
vertical and horizontal space for the one-car garage ("Garage") currently existing within
the Lot 19B dwelling unit and located on Lot 19A in the Garage Easement. The owner of
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Lot 19B shall be responsible for all personal property placed by such owner, his family,
agent, or invitee within the Garage Easement. The owner of Lot 19A shall have no
responsibility, liability, or duty with respect to any personal property owned by or under
the control of the owner of Lot 19B, his family, agent, or invitee, that is placed in the
Garage or within the Garage Easement.
(ii) The owner of Lot 19B may not expand the Garage or take any
other action that will have any effect on the structural integrity of the dwelling
constructed on Lot 19A. In general, the rights of the Lot 19B Owner ' the Garage
Easement are limited to the right to use the interior of the Garage for i r parking
and storage purposes only, and to make interior improvements, renov s and repairs to
the Garage.
(d) Blanket Utility Easement. There is hereby t " a b' ket easement
upon, across, over and under the unimproved portion of e of e Lots f e benefit of
the Lots and the structures and improvements situated reon, including arly wall,
for ingress and egress, installation, replacing, repairi' nd aintainin common
property and utilities, including, but not limited to, wat , gas, te phone, cable
television and electricity. Said blanket ease ent inclu` future utility services not
presently available to the Lots which may rea bly be r ired in the future. By virtue
of this easement, it shall be expressly permiss ' r the c anies providing utilities to
erect and maintain the necessary equipment o an the L nd to affix and maintain
electrical and/or telephone wires, ci cuits an co on, ove, across and under the
roofs and exterior walls of th veme all ° manner customary for such
companies in the area surrou tng t subje - prope . Notwithstanding the foregoing,
all such utility equipment, ' cire s and nduits will be placed on the Lot benefited
thereby to the extent practicab wi place ' derground if possible, and to the extent
practicable will be placed as c o ot ne as practicable. Either owner shall have
the right to reloca � � his � � any u� �� �at his sole cost and expense.
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11. � neral P �sion�" '`
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(a) �"ce. Ea owner shall register its telephone and facsimile numbers and
mailing and ema ' ddres with the other owner upon purchase of a Lot. All notices or
demands intende � be ` rved upon owners shall be effective if sent by certified mail,
postage prepaid, a "ed in the name of the owner at such registered mailing address or
sent by facsimile o mail to the number or email address provided by such owner. If an
owner has not registered his address, facsimile number or email address with the other
owner, such other owner may deliver any notice to the address of the other owner on
record with the Assessor of Eagle County, Colorado. Notices sent by certified mail shall
be deemed received by the recipient three (3) business days after posted with the United
States Post Office, and notices sent by facsimile or email shall be effective upon
electronic confirmation of receipt.
(b) No Response to RecLuest Deemed Approval. If an owner submits a request
to the other owner for consent or approval in accordance with Section 5 hereof or for any
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other purpose, a response to such request by the other owner shall not be deemed
unreasonably delayed if delivered to the requesting owner within thirty (30)days after the
delivery of the request to such owner. If no response to a submission is received by the
requesting owner within thirty (30) days after the delivery of the request to the other
owner, then the submission request by the owner shall be deemed approved; provided,
however, that this provision shall not apply to any determination or consent that is
reserved to either owner in such owner's sole and absolute discretion, and any such
consent must be affirmatively granted in writing in order to be effective.
(c) Amendment or Revocation. This Agreement may be am e r revoked
at any time upon unanimous written approval in recordable form 11 owners. The
covenants and restrictions of this Agreement shall be amended e ed only by an
instrument which specifically refers to this Agreement and whic ign by each of the
then existing owners. Any amendment and/or revocation e m be properly
recorded at the Office of the Clerk and Recorder of County of . le, State of
Colorado. � -
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(d) Effect of Provisions of Agreement. Each of this A�reement, and
any agreement, promise, covenant and undert 'ng to co with each provision of this
Agreement, and any necessary exemption or vation o rant of title, estate, right or
interest to effectuate any provision of this Ag t: (i) sh be deemed incorporated in
each deed or other instrument by which any gh le or i st in any portion of Lot
19A or Lot 19B is granted, devised r eonvey , r or ot set forth or referred to in
such deed or other instrument; II, by ' e ceptance of any right, title or
interest in any portion of Lot A or t 19B y an o er, be deemed accepted, ratified,
adopted and declared as a nal c enant such owner and, as a personal covenant,
shall be binding on such ow" an 's heir `' ' rsonal representatives, successors and
assigns and shall be deemed s ov' ant to, with and for the benefit of each
owner of any port' t 19 r Lot ; and (iii) shall be deemed a real covenant by
the owners, fo ems , th administrators, successors and assigns, and also an
equitable ser e, runnr in e ase, as a burden with and upon the title to each and
every portion o ot 19A Lot B.
(e) S � rabili �' Invalidity or unenforceability of any provision of this
Agreement in wh or ' part shall not affect the validity or enforceability of any other
provision or any v d enforceable part of a provision of this Agreement which shall
remain in full forc d effect.
(fl Captions. The captions and headings in this instrument are for
convenience only and shall not be considered in construing any provisions of this
Agreement.
(g) Construction. When necessary for proper construction, the masculine of
any word used in this Agreement shall include the feminine or neuter gender, and the
singular the plural, and vice versa.
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(h) Governing Law. This Agreement is made and executed under and in
respect to, and shall be governed and construed by, the laws of the State of Colorado
where the Lots are situated.
(i) Arbitration. ln the event a dispute of any kind or nature arises under this
Agreement or pertaining to matters related to this Agreement between the owners of the
Lots, the parties shall negotiate in good faith in an effort to resolve the dispute. If the
dispute is not resolved following good faith negotiations, the owners shall select a
mutually agreeable arbitrator and submit the dispute to such arbitrato or binding
arbitration in Eagle County, Colorado within thirty (30) days under e ppropriate
Arbitration Rules of the American Arbitration Association. In the e the parties are
unable to agree upon the arbitrator, the arbitrator shall be appoin i cordance with
the rules and procedures of the American Arbitration Associ t� . A ration of any
dispute between the owners under this Agreement shall pro " e en t h there may
be related disputes involving third parties which cannot b " itrated, suc mechanics'
lien claims, arising out of transactions involving the o ` rs. T e arbitrati " award may
be enforced in any court of competent jurisdiction in tlie . te olorado, ccordance
with the provisions of the Colorado Uniform Arbitration c le 109 o the Colorado
Rules of Civil Procedure and/or any other sta e or rule mitting an arbitration award
to be enforced.
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IN WITNESS WHEREOF, the un rsi bein e owners herein, have
hereunder set their hands this da of ; ,
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LOT 19A OWNER � �t ��' �
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Douglas H K atrick ��& ��
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Joan M. Kirkpat `�
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LOT 19B OWNER
Richard Dulude
Jean Dulude
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STATE OF )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 2013 by Douglas H. Kirkpatrick
Witness my hand and official seal.
My Commission Expires: . [SEAL]
Notary Public �
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STATE OF ) "����� �
)ss.
COUNTY OF ) � ;�
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The foregoing instru ent s ow dged before me this
day of , 2013 by Joan M. Kirkp � ������� ,���
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Witness my hand and offici ��'" I. ����
My Commission Expires: � ��� E � ����
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W' �* �
Notary Public �e ����
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STATE OF ) ��'
)ss.�
COUNTY OF ���
)
The foregoing instrument was acknowledged before me this
day of , 2013 by Richard Dulude.
Witness my hand and official seal.
My Commission Expires: . [SEAL]
Notary Public
14
STATE OF )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 2013 by Jean Dulude.
Witness my hand and official seal.
My Commission Expires: . [SEAL]
Notary Public
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