HomeMy WebLinkAboutDRB130189 APPLICATION.pdf Department of Community Development
75 South Frontage Road
TOWN OF VA 5L' Vail, CO 81657
Tel: 970-479-2128
www.vailgov.com
Development Review Coordinator
Application for Design Review
Minor Exterior Alteration
General Information: This application is required for all proposals involving minor changes to buildings and site
improvements, such as roofing, painting, window additions, landscaping, fences, retaining walls, etc. Applicable Vail
Town Code sections can be found at www.vailgov.com under Vail Information —Town Code Online. All projects requiring
design review must receive approval prior to submitting a building permit application. An application for Design Review
cannot be accepted until all required information is received by the Community Development Department, as outlined in
the submittal requirements. The project may also need to be reviewed by the Town Council and/or the Planning and
Environmental Commission. Design review approval expires one year from the date of approval, unless a building permit
is issued and construction commences.
Fee: $250 for Multi-Family/Commercial
$20 for Single Family/Duplex
Single Family F Duplex F Multi-Family Commercial
Description of the Request: Replacement of failing windows,doors,skylights and roof over the existing Indoor Pool&Spa Room
Physical Address: 424 Forest Road,Vail,CO 81657
Parcel Number: 2101-071-14-004 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Property Owner:PaikoTrust
Mailing Address: P.o.Box 1887 Naples,FL 34106-1877
�+ Phone: (970)949-7034
Owner's Signature: 0 6-r- �-fit o� rain,
Primary Contact/Owner Representative: VAg,Inc.Architects and Planners,Attn:Tom Bashford
Mailing Address: P.o.Box 1734 Vail,Co 81658
Phone:(970)949-7034
E-Mail:tomb @vagarchitects.com Fax: N/A
For Office Use Only:
Cash_ CC: Visa/ MC Last 4 CC# Exp. Date: Auth# Check#
Fee Paid: Received From:
Meeting Date: DRB No.:
Planner: Project No:
Zoning: Land Use:
Location of the Proposal: Lot: Block: Subdivision:
7A. 1.�
VAg, Inc.
Architects&Planners
May 28,2013
Development Review Coordinator/Design Review Board
Town of Vail Department of Community Development
75 South Frontage Road
Vail,CO 81657
Re:Project Narrative for Lot 4,Block 1, Vail Village Filing 3,424 Forest Road,Vail,Colorado
Dear Board Members:
Paiko Trust purchased the residence at 424 Forest Road earlier this year. After spending time at the residence the new
Owners discovered the indoor pool area windows,roof and skylights have begun to leak both moisture and air.
The existing pool roof currently consists of a large skylight that spans the entire opening over the existing pool. Water leaks
and condensation has begun to impact the structure supporting the roof skylights and the patio adjacent on the level above
the pool room. In an effort to prevent further damage and to provide an energy conscience building,Paiko Trust would like
to replace the existing skylights with a super-insulated roof and new energy efficient skylight. To reduce the structural load
on the existing roof structure,the existing stone veneer on the walls supporting the roof would be removed and replaced with
copper shingles and shakes. The copper will be treated upon installation to accelerate the patina process.
In addition to the roof replacement,the Owners would like to replace the existing windows in the indoor pool and spa room.
The 25+year old windows and French doors have failed seals and are also leaking air and moisture. This project will also
include the replacement of the existing windows and doors with new triple glazed energy efficient window units. The
French doors will be replaced with a lift and slide door that can be opened in summer to allow the indoor space to flow to the
outdoor patio space adjacent to the spa area. Exterior materials including stone veneer,patio paving and wood siding will be
reinstalled or replaced to match the existing as required by the installation of the new windows and door.
While the area is disturbed,the Owners propose to replace the existing wood guardrail around the light well on the interior of
the patio area with a new metal guardrail.
Please do not hesitate to contact our office if you have any questions or concerns regarding this project.
Thank you for your time.
Sincerely,
VAg,Inc.,Architects&Planners
Tom Bashford,Senior Project Architect
Encl.:
Cc.
5/28/13
Physical Address: (970)949-7034 Mailing Address:
105 Edwards Village Blvd.,Suite G104 P.O.Box 1734
Edwards,CO 81632 email: general @vagarchitects.com Vail,CO 81658-1734
Property Information
Property Address 424 Forest Road, Vail, CO 81657
Parcel# 2101-071-14-004
Legal Description Vail Village Filing 3, Block 1, Lot 4
Development Site Area sq ft N/A acres N/A buildable sq ft N/A
Zone District/SDD#
Hazard Zones Snow Avalanche High Severity _Moderate Severity N/A
Sections 12-21 & 14-7 Debris Flow High Flow ; Moderate Flow High Avalanche N/A
Rock fall High Severity . Medium Severity N/A
Excessive Slopes >_30% N/A
Floodplain 100 year floodplain Floodway Wetlands WA
Creeks, Streams HGore Creek on site adjacent to site N/A
Section 12-14-17 []Other tributary: on site adjacent to site N/A
Project Information
Project Description Roof, Door, Window and Skylight Replacement
Development Standards Allowed Existing Proposed
Gross Residential Floor Area Primary sq ft No Change
(maximum)
Chapter 12-15 Secondary sq ft No Change
EHU sq ft No Change
TOTAL sq ft No Change
250 Addition Interior Conversion
Credits:
Setbacks(minimum) Front ft N/A N/A N/A
Section 14-10-4
Side ft N/A N/A N/A
Side ft N/A N/A N/A
Rear ft N/A N/A N/A
Watercourse ft N/A N/A N/A
Site Coverage(maximum)
see definition Section 12-2-2 N/A
Building Height(maximum) Fla Sloping ft N/A N/A N/A
see definition Section 12-2-2
Landscaping Softscape sq ft N/A N/A N/A
See definition Section 14-2-1
Section 14-10-8 Hardscape sq ft N/A N/A N/A
TOTAL sq ft N/A N/A N/A
Driveway Max Curb-cuts N/A N/A N/A
Sections 14-3-1 & 14-3-2
Max
enterlinee @ N/A N/A N/A
Min Width N/A N/A N/A
Heated drive? Yes - No Yes No
Snow Storage% No Change
Parking #Enclosed Spaces
Sections 12-10& 14-5 #Unenclosed No Change
TOTAL
Outdoor Lighting(maximum) #fixtures
Section 14-10-7 No change
PROPOSED MATERIALS
Building Materials Type of Material Color
Roof Copper Shingles Patina - Brown
Siding Copper Shakes Patina - Brown
Other Wall Materials Stone Veneer Match Existing
Fascia Copper Patina - Brown
Soffits N/A
Windows Aluminum Clad Wood Bronze
Window Trim Match Existing Match Existing
Doors Aluminum Clad Wood Bronze
Door Trim Match Existing Match Existing
Hand or Deck Rails Metal Black
Flues N/A
Flashing Copper Patina - Brown
Chimneys N/A
Trash Enclosures N/A
Greenhouses N/A
Retaining Walls N/A
Exterior Lighting N/A
Other N/A
Land Title Guarantee Company
CUSTOMER DISTRIBUTION
d Title
GUARANTEE COMPANY
W W W.LT G C.C OM
Date: 01-31-2013 Our Order Number: V50035427
Property Address:
424 FOREST ROAD AKA LOT 4 GUEST HOUSE BLK 1 VAIL VILLAGE FLG 3 VAIL, CO 81657
If you have any inquiries or require further assistance, please contact one of the numbers below:
For Closing Assistance. Closer'sAssistant: For Title Assistance:
Kathryn Kuchler Char is Patterson Vail Title Dept.
0090 BENCHMARK RD#205 Phone: 970-748-4784
PO BOX 3480 Fax: 866-358-6634 610 WEST LIONSHEAD CIRCLE#200
AVON, CO 81620 EMail: cpatterson @tgc.com VAIL, CO 81657
Phone: 970-748-4782 Phone: 970-476-2251
Fax: 866-358-6634 Fax: 970-476-4534
EMail: kkuchlerotgc.com EMail: eaglecountyrequests @ tgc.com
RON BYRNE&ASSOCIATES*TMX* FOREST ROAD ASSOCIATES LLC
285 BRIDGE STREET PO BOX 4920
PERSONAL AND CONFIDENTIAL ORLANDO FL 32802
VAIL, CO 81657 Attn: BOB BOURNE
Attn: RONALD BYRNE EMail: Bob.Bourne @cnl.com
Phone: 970-476-1987 Sent Via EMail
Fax: 970-476-6747
EMail: tthomas @ronbyrne.com
Sent Via EMail
PAIKO TRUST LAND TITLE GUARANTEE COMPANY
Attn: EVA-MARIE AND RAY BERRY 0090 BENCHMARK RD#205
EMail: rdbtfm @gmail.com;IEMBDRDB @GMAIL.COM PO BOX 3480
Sent Via EMail AVON, CO 81620
Attn: Kathryn Kuchler
Phone: 970-748-4782
Fax: 866-358-6634
EMail: kkuchler@ltgc.com
SHERMAN&HOWARD LLC*TMX*
37347 HWY 6#210
PO BOX 5559
AVON, CO 81620
Attn: JIM WEAR
Phone: 970-790-1603
Fax: 970-476-7118
EMail:jwear@shermanhoward.com
Sent Via EMail
02.20.13
Land Title Guarantee Company
Date: 01-31-2013
Land Title Our Order Number: V50035427
GUARANTEE COMPANY
W W W.LT G C.C OM
Property Address:
424 FOREST ROAD AKA LOT 4 GUEST HOUSE BLK 1 VAIL VILLAGE FLG 3 VAIL, CO 81657
Buyer/Borrower:
PAIKO TRUST, A DELAWARE TRUST
Seller/Owner:
FOREST ROAD ASSOCIATES, LLC, A FLORIDA LIMITED LIABILITY COMPANY
Wi re I nformation:
Bank: FI RSTBANK OF COLORADO
10403 W COLFAX AVENUE
LAKEWOOD, CO 80215
Phone: 303-237-5000
Credit: LAND TITLE GUARANTEE COMPANY
ABA No.: 107005047
Account: 2160521825
Attention: Kathryn Kuchler
Need a map or directionsfor your upcoming closing?Check out Land Titldsweb siteat www.Itgc.com
for directionsto any of our 54 office locations.
ESTIMATE OF TITLE FEES
ALTA Owners Policy 06-17-06 (Reissue Rate) $10,065. 00
Deletion of Exceptions 1-3 (Owner) $60. 00
Deletion of General Exception 4 (Owner) $15. 00
Tax Report R009640 $25. 00
If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time.
TOTAL $10,165. 00
Form CONTACT 06/04 THANK YOU FOR YOUR ORDER!
First American Title Insurance Company
ALTA COMMITMENT
Our Order No. V50035427
ScheduleA Cust. Ref.:
Property Address:
424 FOREST ROAD AKA LOT 4 GUEST HOUSE BLK 1 VAIL VILLAGE FLG 3 VAIL, CO 81657
1. Effective Date: January 18, 2013 at 5:00 P.M.
2. Policy to be Issued, and Proposed I nsured:
"ALTA" Owner's Policy 06-17-06 $13,550,000.00
Proposed Insured:
PAIKO TRUST, A DELAWARE TRUST
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:
FOREST ROAD ASSOCIATES, LLC, A FLORIDA LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment isdescribed asfollows:
LOT 4, BLOCK 1, VAIL VILLAGE-THIRD FILING, ACCORDING TO THE RECORDED PLAT
THEREOF, COUNTY OF EAGLE, STATE OF COLORADO.
ALTA COMMITMENT
Schedule B- Section 1
(Requirements) Our Order No. V50035427
The following are the requirements to be complied with:
Item(a)Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Item(b)Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for record,
to-wit:
Item(c)Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due
and payable.
Item(d)Additional requirements, if any disclosed below:
1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND
PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED.
2. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE
NAME OF FOREST ROAD ASSOCIATES, LLC, A FLORIDA LIMITED LIABILITY COMPANY
AS A LIMITED LIABILITY COMPANY, OR WRITTEN CONFIRMATION THAT THE
INFORMATION CONTAINED IN STATEMENT OF AUTHORITY RECORDED OCTOBER 18, 2011
UNDER RECEPTION NO. 201119215 IS CURRENT.
THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS
CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF
THE PERSON(S)AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR
OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND
OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS.
NOTE: THE CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK
AND RECORDER.
3. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE
NAME OF PAIKO TRUST, A DELAWARE TRUST AS A TRUST. THE STATEMENT OF
AUTHORITY MUST STATE UNDER WHICH LAWS THE TRUST WAS CREATED, THE MAILING
ADDRESS OF THE TRUST, THE NAME AND POSITION OF THE PERSON(S)AUTHORIZED TO
EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE
TO REAL PROPERTY ON BEHALF OF THE TRUST AND OTHERWISE COMPLYING WITH THE
PROVISIONS OF SECTION 38-30-172, CRS.
NOTE: RELEVANT PORTIONS OF THE FULLY EXECUTED TRUST AGREEMENT FOR THE
ABOVE-NAMED TRUST MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY PRIOR
TO CLOSING SO THAT THE COMPANY CAN CONFIRM THE ACCURACY OF THE STATEMENTS
APPEARING IN THE STATEMENT OF AUTHORITY.
ALTA COMMITMENT
Schedule B- Section 1
(Requirements) Our Order No. V50035427
Continued:
NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND
RECORDER.
4. RELEASE OF DEED OF TRUST DATED OCTOBER 10, 2008 FROM FOREST ROAD
ASSOCIATES, LLC, A FLORIDA LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE
OF EAGLE COUNTY FOR THE USE OF COMERICA BANK TO SECURE THE SUM OF
$11,600,000.00 RECORDED OCTOBER 21, 2008, UNDER RECEPTION NO. 200822607.
COLLATERAL ASSIGNMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED
OCTOBER 21, 2008 UNDER RECEPTION NO. 200822608.
5. TERMINATION OF FINANCING STATEMENT BY COMERICA BANK, THE SECURED PARTY,
RECORDED OCTOBER 21, 2008, UNDER RECEPTION NO. 200822609.
6. RELEASE OF DEED OF TRUST DATED JUNE 30, 2011 FROM FOREST ROAD ASSOCIATES,
LLC, A FLORIDA LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE
COUNTY FOR THE USE OF COMERICA BANK TO SECURE THE SUM OF $8,364,000.00
RECORDED JULY 07, 2011, UNDER RECEPTION NO. 201112842.
AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED JULY 07, 2011
UNDER RECEPTION NO. 201112843.
7. TERMINATION OF FINANCING STATEMENT BY COMERICA BANK, THE SECURED PARTY,
RECORDED JULY 07, 2011, UNDER RECEPTION NO. 201112844.
8. WARRANTY DEED FROM FOREST ROAD ASSOCIATES, LLC, A FLORIDA LIMITED LIABILITY
COMPANY TO PAIKO TRUST, A DELAWARE TRUST CONVEYING SUBJECT PROPERTY.
NOTE: AFFIDAVIT/STATEMENT OF AUTHORITY FOR FOREST ROAD ASSOCIATES, LLC, A
FLORIDA LIMITED LIABILITY COMPANY RECORDED OCTOBER 18, 2011 UNDER
RECEPTION NO. 201119215 DISCLOSES ROBERT A. BOURNE AS MANAGING MEMBER(S)
WHO MAY ACQUIRE, CONVEY, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS
IN REAL PROPERTY FOR SAID LIMITED LIABILITY COMPANY.
THE FOLLOWING DELETIONS/MODIFICATIONS ARE FOR THE OWNER'S POLICY.
ALTA COMMITMENT
Schedule B- Section 1
(Requirements) Our Order No. V50035427
Continued:
NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED.
UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN
AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS ON THE OWNER'S POLICY WILL
BE AMENDED AS FOLLOWS:
ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE
LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF FOREST
ROAD ASSOCIATES, LLC, A FLORIDA LIMITED LIABILITY COMPANY.
FIRST AMERICAN TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY
LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF PAIKO
TRUST, A DELAWARE TRUST.
NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE
GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S)
AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH.
NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ:
TAXES AND ASSESSMENTS FOR THE YEAR 2013 AND SUBSEQUENT YEARS.
NOTE: THE ISSUANCE OF THE POLICIES AND/OR ENDORSEMENTS REFERENCED IN THIS
COMMITMENT ARE SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF SAID POLICIES
AND/OR ENDORSEMENTS. THIS COMMITMENT MAY BE REVISED AS REQUIRED BY THE
UNDERWRITER TO ISSUE THE POLICIES AND/OR ENDORSEMENTS REQUESTED. THIS NOTE
WILL BE DELETED UPON THE RECEIPT OF SAID APPROVAL.
ALTA COMMITMENT
Schedule B- Section 2
(Exceptions) Our Order No. V50035427
Thepolicyor policiesto beissued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records
or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record
for value the estate or interest or mortgage thereon covered by this Commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. (a)Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof,
(c)water rights, claims or title to water, whether or not the matters excepted under (a), (b), or(c) are shown by
the Public Records.
8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK
93 AT PAGE 98.
9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04,
1923, IN BOOK 93 AT PAGE 98.
10. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED
IN INSTRUMENT RECORDED MARCH 25, 1963, IN BOOK 174 AT PAGE 575.
11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF VAIL VILLAGE-THIRD FILING RECORDED MARCH 25, 1963 UNDER
RECEPTION NO. 97200.
ALTA COMMITMENT
Schedule B- Section 2
(Exceptions) Our Order No. V50035427
The policy or policiesto be issued will contain exceptionstothefollowing unless the same are disposed
of to the satisfaction of the Company:
12. TERMS, CONDITIONS AND PROVISIONS OF RESTRICTIVE COVENANT BY AND BETWEEN
FOREST ROAD ASSOCIATES, LLC, A FLORIDA LIMITED LIABILITY COMPANY AND VAIL
SLOPESIDE, LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED OCTOBER 18,
2011 AT RECEPTION NO. 201119216.
13. THE AFFECT OF WALK/STEPS, RETAINING WALL AND COBLE STONE PARKING/DRIVEWAY
NOT WITHIN SUBJECT PROPERTY AS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE
PERPARED BY LELAND LECHNER ON OCTOBER 09, 2006, JOB NO. 424FOREST.
LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district.
B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County
Treasurer or the County Treasurer's authorized agent.
C) The information regarding special districts and the boundaries of such districts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom
margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that
does not conform, except that, the requirement for the top margin shall not apply to documents using forms
on which space is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that"Every
title entity shall be responsible for all matters which appear of record prior to the time of recording
whenever the title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed". Provided that Land Title Guarantee
Company conducts the closing of the insured transaction and is responsible for recording the
legal documents from the transaction, exception number 5 will not appear on the Owners Title
Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available(typically by deletion
of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner s Policy to be
issued)upon compliance with the following conditions:
A)The land described in Schedule A of this commitment must be a single family residence which
includes a condominium or townhouse unit.
B)No labor or materials have been furnished by mechanics or material-men for purposes of
construction on the land described in Schedule A of this Commitment within the past 6 months.
C)The Company must receive an appropriate affidavit indemnifying the Company against un-filed
mechanic's and material-men's liens.
D)The Company must receive payment of the appropriate premium.
E)If there has been construction, improvements or mayor repairs undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage
for unrecorded liens will include: disclosure of certain construction information; financial information
as to the seller, the builder and or the contractor; payment of the appropriate premium fully
executed Indemnity Agreements satisfactory to the company, and, any additional requirements
as may be necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured
has contracted for or agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument
exception, or exceptions, in Schedule B, Section 2.
A)That there is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party
holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and
B)That such mineral estate may include the right to enter and use the property without the
surface owner's permission.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company.
Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrauding or
incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting
attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance
proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
DISCLOSURE 02/2011
First American Title Insurance Company
PRIVACY POLICY
We are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information-
particularly any personal or financial information. We agree that you have a right to know how we will utilize
the personal information you provide to us. Therefore, together with our parent company, the First American
Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner
in which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair
Information Values, a copy of which can be found on our website at www.firstam.com.
Typesof Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information
that we may collect include:
* Information we receive from you on applications, forms and in other communications to us,
whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested to us; or(2)as permitted by law. We
may, however, store such information indefinitely, including the period after which any customer relationship
has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies.
Furthermore, we may also provide all the information we collect, as described above, to companies that
perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions
with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We
restrict access to nonpublic personal information about you to those individuals and entities who need to know
that information to provide products or services to you. We will use our best efforts to train and oversee our
employees and agents to ensure that your information will be handled respnsibly and in accordance with this
Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and
procedural safeguards that comply with referral regulations to guard your nonpublic personal information.
WEBSI TE
Information on the calculation of premiums and other title related charges are listed at First American's
website: www.firstam.com
NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY, INC_, A COLORADO CORPORATION
AND
MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D/B/A
LAND TITLE GUARANTEE COMPANY- GRAND JUNCTION
This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and
Meridian Land Title, LLC, d/b/a Land Title Guarantee Company-Grand Junction.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal
and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your
trust and confidence is the bedrock of our business. We maintain and regularly review internal and external
safeguards against unauthorized access to non-public personal information("Personal Information").
In the course of our business, we may collect Personal Information about you from:
• applications or other forms we receive from you, including communications sent through TMX, our
web-based transaction management system;
• your transactions with, or from the services being performed by, us, our affiliates, or others;
• a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
• the public records maintained by governmental entities that we either obtain directly from those entities,
or from our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as
follows:
• We restrict access to all Personal Information about you to those employees who need to know that
information in order to provide products and services to you.
• We maintain physical, electronic and procedural safeguards that comply with federal standards to
protect your Personal Information from unauthorized access or intrusion.
• Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary
action.
• We regularly access security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be
disclosed. We may disclose your Personal Information when you direct or give us permission; when we are
required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or
criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable
privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement,
transaction or relationship with you.
Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our
privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s)may be entered in any court
having jurisdiction thereof.
Form PRIV.POL.LTG.1
Commi tment for Ti tI e Insurance
Iss w
First American Title Insurance Company
RFSTA!\ 9CAN-ITLEIN3JRN\CEO?vPANY,a(>lifariaociporatian('YbrrpW'),fora valuablearsidadien,eamitstoissueitspolicycrpdiciesoftitleirsrance,as
identified inSJmJ leAinfavoroftheRcImsedInsurednarres in SJiEdJeA as om-er or nutgagedtheestateorinterest in the la-ddascribadarreferred to in SchisduleA
Lpon payrrat of the preriu Ts and d-Erges axi earfiianeewith the Pacluirerets;all subject tothe provisions of Sd-isd ies Acrd Bard tothe Oondtians of this 0onTritrret.
This OormitnBtt shall be effectiveaiy when the idatity of the RgDosed Insured axi the arrant of the policy cr polides ocrrritted for henne been inserted in SdhecdteA
lbytheGonjDanH.
Alliabilitya-doldig#ionunderthis(krmitmetshalloe meaxiterrinatesx(6)nuthsafter theEffectiv eD 3t eerwhentlepolicycrpdidescorrrittedforshallissue
whidever first occurs,provided that the failure to issue the pd icy or policies is not the fault of theCcnparty.
The Ompary will provide a smlJeof the policy fomLpan regulest.
This 0wr itnat shall rrt bevalid or lirdrg Lrtil ocxtersigned by a validating offices cr athcimd siglAc y.
IN VuTNEBS VgfRE F,First Arraican Title Insurance Oan-parny has cased its oxperate narre a id seal to be affixed by its Wy authorized otfiosrs on the date d-o m in SdneJ_leA
CONDITIONS
1.Thetermnrutgaega when used hsren,shall indurdedeed ot trust,tn.st deed a oth err security irshurret.
2.If the proposed Insured h escr acquired actual Igmledgeday defect,lien,anarrbraice,admsedaimu other n Ater affecting the estate or interest or ntrtgagethaecn
oDA Tedby this Oxmitnetother than those shmninSdneJ.l eB hereof,axi shell fail tocisdesesuchknoMe±ptotheO parry in writing,the OoTparyshallbereie)ed
frornlialility for my loss or darra
ge resulting from any act of rdia-ce hereon to the adent the 0on-party isproudoedbyfailLretosodsdosesuchlgn ledge If the proposed
Insured shall dsdosesudsImowledgetoth eOarrpany,aif the O parry otherwise aoclures actual lemledge d arty such defect,lien emxrba-o,-ale-se daimor other
!ratter,the Owpanyat its cptionm3yarendSd neJAeBof this Camitnat accordrgly,but sLcharaxirat shall not relieve the Qn-pary from IiabilityVeAc slyinaxred
pursuat to paragraph 3 of these 03-dtia>;ad aipulatiors.
3.Liability of the 0 rpa y under this Oxmitrret shall be only to the nsrred p-gxeed Insured and such parties included under the definition of the Insured in thefomof policy or
policies cormitted for and only for actual lass incurred in reialoe hereon in w de taidnrg in good faith(a)to oergJy with the recp irerets hereof,or(b)to einintrte ecoelot ions
slimn in SdieJ_ie B,or(c)to a*re or create the estate or interest or nnrtgagathers n owned by this Oxmitrret.In no e✓et shall such liability eceeed thearout
stated in Schedule Afcr the policy or pd ides camitted for axi such I iability is saved to the insuring p DAsions ad OxlJtions axi 3ipulatio ns and the Exdusia>;
frorn0aeaca of the fo mof policy or policies earrritted for in fartx of the proposed Insured which are hereby inoorpc aced by reference axi are errade a part of this
ODrTmtnat exoept es ENxesey nndfied heren
4.This 03Tr itnret is a oo tract to issued ane a nuretithe insurance policies and is not an abstract of title or a report of the oordtion ot title Any action or actions or
rights of anon that the proposed Insured nay have or rray bring against the Cm-pany arising auk of the status of the title to the estate or interest or the status of
tht°nutgagethaarnoofredbythsO mitnatmu stbebreedonacer esLet>jecttothepimsicrsofthis0mitnat.
5.The policy to be issusd oo tains an abitration da se.Al akitrdJe RAters when the Arrourt of Irsuraroe is$2,000,000 or less shall be aldtrated at the option of ether
the Oanparny or the Insured as the ecdu live renedy of the parties.Yw Iraq ratiew a oopy ot the arbitration rules re www.a taorg
RFSTFUV'EROANTITLEINS N\EOai:Pw
Issued by.
LAND TITLE GUARANTEE COMPANY
3033 EAST FIRST AVENUE
SUITE 600
PO BOX 5440 (80217) - 4-
DENVER, CO 80217
Dennis J.dlnue
rL Reddert
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AMERICAN
LAND TITLE
ASSOCIATION
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