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Home My WebLink AboutDRB130191 APPLICATION AND TITLE REPORT D C 0WE MAY 2 8 2013 Department of Community Development _ ^ 75 South Frontage Road Vail, CO 81657 TOWN OF VAIL TOWN OF VAiL Tel: 97079-2128 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 improve- ments, such as roofing, painting,window additions, landscaping,fences, retaining walls,etc. Applicable Vail Town Code sections can be fodnd at vrww.vai, Igov.com under Vail Information–Town Code Online. All projects requiring de- sign 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 per- mit is issued and construction commences. Fee: $260 for Multi-Family/Commercial $20 for Single Family/Duplex _Single Family I Duplex Multi-Family �✓ Municipal Request. Please review our request to install a 4' retaining wall and tree plan for the Description of the proposed#18 hole relocation on the Vail Golf Course. Physical Address: 1778 Sunburst(Clubhouse)wall located on proposed#18 black tee box Parcel Number: Unplatted (Contact Eagle Co.Assessor at 970-328-8640 for parcel no.) Property Owner: Town of Vail Mailing Address: 75 South Frontage Rd Vail C 81657 Phone: (970)390-9731 FDB T pF Owner's Signature: L AI Primary Contact/Owner Repres tative: Scott O'Connell Mailing Address: 700 South Frontage Rd East Vail CO 81657 Phone: (970)477-5264 E-Mail: scconnell @vailrec.com Fax: (970)479"2197 For Office Use Only: Cash_ CC. Visa/MC Last 4 CC# Exp. Date: Auth# Check# Fee Paid: « I IVC—D Received From: Meeting Date: �� DRB No.: Planner. Project No: Piz S j QL- 0 3 S;z Zoning: Land Use: Location of the Proposal: Lot: Block: Subdivision: .i PLP, TF-n I TOWN Of VA10 JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications affecting shared ownership properties such as duplex, condominium, and multi-tenant buildings. This form, or similar written correspondence, must be com- pleted by the adjoining duplex unit owner or the authorized agent of the home owner's association in the case of a con- dominium or multi-tenant building.All completed forms must be submitted with the applicants completed application. 1, (print name) , a joint owner, or authority of the association, of property located at 1778 Sunburst Drive(Vail Golf Course#18 hole) , provide this letter as written approval of the plans dated 06/25/2012 which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address not- ed above. I understand that the proposed improvements include: The relocation of the#18 green, removal of existing bunkers and installation of new bunkers and the installation of new Tees. Also included is the installation of a maximum of 4' retaining wall. There are 6 trees that will be removed a a total of 32 new trees to be installed. (Signature) (Date) Additionally, please check the statement below which is most applicable to you: I understand that minor modifications may be made to the plans over the course of the review process to ensure compli- ance with the Town's applicable codes and regulations. (Initial here) I understand that all modifications, minor or otherwise, which are made to the plans over the course of the review pro- cess, be brought to my attention by the applicant for additional approval before undergoing further review by the Town. (Initial here) Property Information Property Address 1778 Sunburst Drive (#18 golf hole on Vail golf course Parcel# Unplatted Legal Description Vail Golf Course Development Site Area sq ft 112,181 acres buildable sq N/A ft Zone District/SDD# Hazard Zones SnowAvolonche Fi High Severity Moderate Severity rN/A Sections 12-21&14-7 Debris Flow r High Flow ❑Moderate Flow OHigh Avalanche F N/A Rock fall (]High Severity rMedium Severity []N/A Excessive Slopes 230% N/A Floodploin n100 year floodplain Floodway ( Wetlands N/A Creeks,Streams J/ Gore Creek F on site I adjacent to site N/A Section 12-14-17 Other tributary: on site ( adjacent to site N/A Project Information Project Description install new retaining wall and plant additional trees Development Standards Allowed Existing Proposed Gross Residential Floor Area Primary sq ft (maximum) Secondary sq ft Chapter 12-15 EHU sq ft TOTAL sq ft 250 Addition Interior Conversion Credits: Setbacks(minimum) Front ft Section 14-10-4 Side ft Side ft Rear ft Watercourse ft Site Coverage(maximum) see definition Section 12-2-2 Building Height(maximum) Sloping ft see definition Section 12-2-2 Flat ft Landscaping Softscape sq ft See definition Section 14-2-1 Hardscape sq ft Section 14-10-8 TOTAL sq ft Driveway Max Curb-cuts Sections 14-3-1&14-3-2 Max Grade @ cen- terline Min Width Heated drive? Yes [ 'No ( Yes No Snow Storage% Parking #Enclosed Spaces Sections 12-10& 14-5 #Unenclosed TOTAL Outdoor Lighting(maximum) #fixtures Section 14-10-7 PROPOSED MATERIALS Bulldina Materials Type of Material Color Roof Siding Other Wall Materials Fascia Soffits Windows Window Trim Doors Door Trim Hand or Deck Rails Flues Flashing Chimneys Trash Enclosures Greenhouses Retaining Walls Rosetta Stone retaining wall Vail golf course blend Exterior Lighting Other Notes: Please specify the manufacturer's name, the color name and number and attach a color chip. PROPOSED LANDSCAPING Botanical Name Common Name Quantity Size PROPOSED TREES Pseudotsuga Douglas Fir 35 4" Cal. AND SHRUBS Populus Tremuloides Quaking Aspen 51 4" Cal. EXISTING TREES Pseudotsuga Douglas Fir 1 25' - 30' tall TO BE REMOVED Saliz Willow 5 6' - 10' tall Minimum Requirements for Landscaping: Deciduous Trees—2" Caliper Coniferous Trees—6' in height Shrubs—5 Gal. Type Square Footage GROUND COVER bunker sand 178 cy SOD Kentucky blue&Creeping Poa 89,364 SEED Vail native seed blend 7,321 IRRIGATION Rainbird 100% coverage TYPE OF EROSION CONTROL silt fence&straw waddle 1 ,160 line' Please specify other landscape features (i.e. retaining walls, fences, swimming pools, etc.) We would also like to install approximately 480 sq' of Rosetta Stone (Vail Golf Blend) retaining walls VAIL RECREATION D I S T R I C T To: Design Review Board From:Vail Recreation District Date:05/22/13 RE:Vail Golf Course#18 Golf hole renovation The Vail Recreation District(VRD), in conjunction with the Town of Vail(TOV)is currently working on plans to realign the#18 golf hole on the Vail Golf Course. Background: The existing#18 golf hole currently presents several challenges that need to be addressed. These include errant golf balls being played on the existing 18 hitting the golf club house as well as general public playing the 18`h hole being hit by golf balls coming over the driving range nets. TOV contracted Phelps/Atkinson golf design group to provide the final design for a new#18 golf hole. Included in the design is anew retaining wall to provide additional elevation for the new black tee. We will also be removing a few trees however the plan calls for a significant number of new trees to be installed to enhance the golf hole. This project will result in more trees on the golf course. Purpose: At the regular Vail Town Council meeting of July 17,2012,the Vail Town Council voted 7 to 0 to move the 18`h hole to address existing safety concerns regarding the current alignment of the 18`h hole. Details: This project will involve excavating areas of the existing#18 to install new golf feature including bunkers,tees and greens. This project also involves the removal of several trees on the proposed black tee and fairway.The plan also involves the installation of 32 new trees as described in the tree plan. We will also be installing a new retaining wall to elevate the black tee. The retaining wall will not exceed 4'and will be constructed with the Rosetta Stone material which was previously approved for use on the Vail golf course. I look forward to answering any questions you may have regarding this project. Thank you for your time. Sincerely, Scott F.O'Connell Director of Operations Vail Recreation District (970)477-5264 soconnell @vailrec.com UTILITY APPROVAL&VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services,and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and schedul- ing installations. A site plan,including grading plan,floor plan,and elevations,shall be submitted to the following utilities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: 1778 Sunburst Dr. Lot U.P. Block U•P• Subdivision: U-P. Primary t�: � Re res tive: Scott O'Connell Phone: (970)390-9731 Plans Dated: 06/25/2012 Primary Contact/ caner Representative Signature Authorized Signature Comments Date 970.4638 EL C��i(�cl�.(c/f� A cc I F/iu P L1� !�l/7'� 9 970.468.6860(tel) ( ,1 j�, 1 970.468.0672(fax) 1�� CJ-t J 1 C-Ty � ` y E f�- Contacts: Samuel Tooley _samuel.tooleyC�centurvlink.com XCEL HIGH PRESSURE GAS / 970.406.1309(tel) 970.468.1401(fax) Contact:Ron Bureta ronnie.i.buretaC@xcelenergy.com HOLY CROSS ENERGY 970.947.5471 (tel) 970.945.4081 (fax) Contact: Jeff Vroom jvroom@holycross.com XCEL Energy 970.262.4038(fax) 970.262.4050(tel) Contacts: Louise Timson Iouise.timsonCaxcelenergy.com EAGLE RIVER WATER&SANITA- TION DISTRICT 970.477.5435(tel) 970.477.5434(fax) Contact: Tug Birk tbirk @erwsd.oro COMCAST CABLE 970.390.4713(tel) 970.468.2672(fax) Contact: Michael Johnson Michael 'ohnson @cable.comcast.com COOT(Only in CDOT Right-of-way) 970.683.6284(tel) Contact: Dan Roussin Daniel.roussin@dot,state.co.us NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.479.2198. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval &re-verification if the submitted plans are altered in any way after the authorized signature date. a � � S co f�t.v °Il 0 �_l UTILITY APPROVAL&VERIFICATION This form serves to verify that'he proposed Improvements will not impact any exis rig or proposed utlllty services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and schedul- ing Installations, A site plan,including grading plan,floor plan, and elevations,shall be submitted to the following utilities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: 1778 Sunburst Dr. Lot il•P� Block D•p• Subdivision: U•P- Primary owner Re res tive: Scott O'Connell phone: (970)390-9731 Plans Dated: 06/25/2012 Primary Contact/ caner Representative Signature Authprixed Signature Comments 42te CENTURY TEL 970,468,6860(tel) 970,468,0672(fax) Contacts: Samuel Tooley ti�mupl.tnolPy�d�centurylnk.mm XCEL HIGH PRESSURE GAS r 970.406.1309(tel) 970.466.1401(fax) Contact: Ran Bureta G ronnie.j.hureta(dxeeleneroy•com Vi HOLY CROSS ENERGY 970,947,5471 (tel) 970.945.408i (fax) Contact; Jeff vroom jvroom@ holycross,com XCEL Energy 970,262,4038(fax) 970.262.4050(tel) Contacts: Louise Timson louise,ti-n son(r,xcelene-cy,corn EAGLE FUVEFt WATER&SANITA- TION DISTRICT 970.477,5435(tel) 970.477.5434 (fax) Contact: Tug Birk tbirk@2rwsd.org COMCAST CABLE 970.390.4713 (tel) 970,466,2672(fax) Contact; Michael Johnson Michael ohnson cable.comcast.com CDOT(Only in CDOT Right-of-way) 970.683.6254(tel) Contact; Dan Roussin Daniel.roussln @dot.state.co.us NOTES: 1. Utility locations must be obtained before digging, 2. A Revocable Right-of-Way Permlt may be requlred for any Improvements within a street right-of-way, Contact the Public Works Department for vedficabon 970,479,2198, 3. It is the responsibility of the utility company and the applicant to resolve problems Identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval &re-verification if the submitted plans are altered in any way after the authorized signature date. TO 612:17 I ZZOZ 2Z InE ION89VOZ6l:xPJ JH :1Hd0Hi'd3(i�I UTILITY APPROVAL&VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services,and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and schedul- ing installations. A site plan,including grading plan,Floor plan,and elevations,shall be submitted to the following utilities for approval and verification.PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: 1778 Sunburst Dr. Lot U.P. Block U-P• Subdivision: U.P. Primary t,y ner Re res tive: Scott O'Connell Phone: (970)390-9731 Plans Dated: 06125/2012 Primary Contact/ caner Representative Signature Authorized Signature Comments Date CENTURYLINK 970.468.6860(tel) 970.468.0672(fax) Contacts:Samuel Tooley samuel.tooley(cL'centuEylink.com XCEL HIGH PRESSURE GAS 970.262.4076(tel) 970.468.1401(fax) Contact:Rich Sisneros richard.sisneros(a'xcelenergy.com HOLY CROSS ENERGY 970.947.5425(tel) 970.945.4081(fax) » 7/6/12 Contact:Jeff Vroom vroom ahol cross.com XCEL Energy 970.262.4024(tel) 970.262.4038(fax) Contacts:Ronnie Bureta ronnie..bureta axcelener .com EAGLE RIVER WATER&SANITA- TION DISTRICT 970.477.5435(tel) 970.477.5434(fax) Contact:Tug Birk tbirk ae wsd.or COMCAST CABLE 970.619.0752(tel) 970.468-2672(fax) Contact: Tony Hildreth ton hildreth acable.comcast.com COOT(Only in CDOT Right-of-way) 970.683.6284(tel) Contact:Dan Roussin Daniel.roussinCa dot.state.co.us NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.479.2198. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval&re-verification if the submitted plans are altered in any way after the authorized signature date. UTILITY APPROVAL&VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services,and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and schedul- Ing installations. A site plan,including grading plan,floor plan,and elevations,shall be submitted to the following utilities for approval and verification.PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vall. Subject Property Address: 1778 Sunburst Dr. Lot U.P, Block U.P. Subdivision: U-P. Primary tart►O__wner Re res tive: Scott O'Connell Phone: (970)390-9731 Plans Dated: 06125/2012 Primary Contact! wner Representative Signature Authorized Signature Comments Date 1 t CENTURY TEL 970.468.6860(tel) 970.468.0672(fax) Contacts: Samuel Tooley samue l.toolev(a)centrrrylink.com XCEL HIGH PRESSURE GAS 970,406,1309(tel) 970.468,1401(fax) Contact:Ron Bureta ronnle.J,bureta(@xcelenergy,com HOLY CROSS ENERGY 970.947.5471(tel) 970.945.4081(fax) Contact: Jeff Vroom jvroom@holycross.com XCEL Energy '^T� 1 970,262,4038(fax) �7 /'}� I morn l � I /� r / 970.262.4050(tel) � /li�rcxrr 77��`�� Contacts:Louise Timson �GO'o' '� Ioulse.timsonOxcelenergv.com EAGLE RIVER WATER&SANITA- TION DISTRICT 970.477.5435(tel) 970.477.5434(fax) Contact: Tug Birk tblrkGerwsd,orq COMCAST CABLE 970.390.4713(tel) 970.468.2672(fax) Contact: Michael Johnson Michael ohnson @cabie,comcast.com ;- CDOT(Only in COOT Right-of-way) 970.683.6284(tel) Contact: Dan Roussin Danlel,roussin @dot,state,co.us j i NOTES: I 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any Improvements within a street right-of-way. Contact the j Public Works Department for verification 970.479.2198. j 3. It Is the responsibility of the ublity company and the applicant to resolve problems Idendfied above, i 4. The Primary Contact/Owner Representative Is required to submit any revised drawings to the above agencies for re-approval &re-verification If the submitted plans are altered In any way after the authorized signature date. UTILITY APPROVAL&VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services,and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and schedul- ing installations. A site plan,including grading plan,floor plan,and elevations,shall be submitted to the following utilities for approval and verification.PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: 1778 Sunburst Dr. Lot U.P. Block U.P. Subdivision: U-P. Primary t,ar ner Re res tive: Scott O'Connell Phone: (970)390-9731 Plans Dated: 06/25/2012 Primary Contact/ caner Representative Signature Authorized Signature Comments Date CENTURY TEL 970.468,6B60(tel) 970.468,0672(fax) Contacts: Samuel Tooley samuei.tooleyC@centurylink.com XCEL HIGH PRESSURE GAS 970.406.1309(tel) 970.468.1401(fax) Contact:Ron Burets ronnie.i,bureta @ xceleneroy.com HOLY CROSS ENERGY 970.947.5471(tel) 970.945.4081 (fax) Contact: Jeff Vroom jvroom@holycross.com XCEL Energy 970.262,4038(fax) 970.262.4050(tel) Contacts: Louise Timson Iouise.timson@xceleneray.com EAGLE RIVER WATER&SANITA- TION DISTRICT n � � 1�p 970,477.5435 (tel) �,�r '71q V Z 970.477.5434(fax) (� Contact: Tug Birk tbirk(derws1orci COMCAST CABLE 970.390.4713 (tel) 970.468.2672(fax) Contact: Michael Johnson Michael 'ohnson@cable.comcast.com CDOT(Only in CDOT Right-of-way) 970.683,6284(tel) Contact: Dan Roussin DariieI.roussln@dot.st:ate.co.us NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.479.2196. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval &re-verification if the submitted plans are altered in any way after the authorized signature date. UTILITY APPROVAL&VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services,and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and schedul- ing installations. A site plan,including grading plar.,floor p',an,and elevations,shall be submitted to the following utilities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail, Subject Property Address: 1778 Sunburst Dr. Lot U.P. Block U.P. Subdivision: U.P. Primary trar-t!Clwner Re res tive: Scott O'Connell Phone: (970)390-9731 Plans Dated: 06/25/2012 Primary Contact/ wner Representative Signature Authorized Signature Comments Date CENTURY TEL 970,468.6860(tel) 970.46B.0672(fax) Contacts: Samuel Tooley samuel.tooley@centurylink.com XCEL HIGH PRESSURE GAS 970.406.1309(tel) 970.468.1401 (fax) Contact: Ron Bureta ronnie.j.buretaCalxcelenergy.com HOLY CROSS ENERGY 970.947.5471(tel) 970.945.4081 (fax) Contact: Jeff Vroom jvroom @holycross.com XCEL Energy 970.262.4038(fax) 970.262.4050(tel) Contacts: Louise Timson louise_ti 5gnxcgjenQrrgy.com EAGLE RIVER WATER&SANITA- TION DISTRICT 970.477.5435(tel) 970.477.5434(fax) Contact: Tug Birk tbirk5eaysd.orq COMCAST CABLE 970.390.4713(tel) 970,468.2672(fax) Contact: Michael Johnson Michael-iohnson@cable.con)cast.com oil I �O �U CDOT(Only In CDOT Right-of-way) 970,683.6284(tel) Contact: Dan Roussin Daniel.roussln @dot,state.co.us NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.479.2198. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative Is required to submit any revised drawings to the above agencies for re-approval &re-verification if the submitted plans are altered in any way after the authorized signature date. Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Tide GUARANTEE COMPANY WWWATGC.00o Date: 03-29-2012 Our Order Number: V50020697.1 Property Address: VAIL GOLFCOURSE VAIL, CO 81657 If you have any inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Vail Tide Dept. Karen Biggs 610 WEST LIONSHEAD CIRCLE#200 VAIL,CO 81657 Phone:970-476-2251 Fax: 970-476-4534 Entail: eaglecountyrequests @ ltgc.com TOWN OF VAIL HOUSING DIVISION 75 S FRONTAGE RD VAIL,CO 81657 Attn: NINA TIMM Phone: 970-479-2144 Fax: 970-479-2452 Copies: I EMail:ntimm @vailgov.com Linked Commitment Delivery Land Title Guarantee Company Date: 03-29-2012 land Title Our Order Number: V50020697.1 GUARANTEE COMPANY wW w.LT G C.C OM Property Address: VAIL GOLFCOURSE VAIL, CO 81657 Buyer/Borrower: TOWN OF VAIL Seller/Owner: TOWN OF VAIL Need a map or directions for your upcoming closing? Check out Land Tide's web site at www.Itgc.com for directions to an of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 TBD If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $0.00 eo=CMMC!r 06/04 THANK YOU FOR YOUR ORDER! First American Title Insurance Company ALTA COMMITMENT Our Order No. V50020697.1 Schedule A Cust. Ref.: Property Address: VAIL GOLFCOURSE VAIL, CO 81657 1. Effective Date: March 15, 2012 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: TOWN OF VAIL 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: TOWN OF VAIL 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No: V50020697.1 LEGAL DESCRIPTION NOTE: THE FINAL POLICY DOES NOT IN ANY WAY GUARANTEE OR INSURE THE DIMENSIONS OF THE ABOVE DESCRIBED LAND, THE LEGAL DESCRIPTION IS DERIVED FROM THE CHAIN OF TITLE AND ONLY AN ACCURATE SURVEY CAN DETERMINE THE DIMENSIONS. PARCEL 1 Tracts A and B, Vail Village, Eighth Filing, according to the recorded plat thereof, TOGETHER WITH A parcel of land located in the N 1/2 of Section 9, Township 5 South, Range 80 West of the Sixth Principal Meridian, more particularly described as follows: Beginning at a point on the South right of way line of S.H. No. 78 (Oct. 1965), from which the NW Corner of Section 9, Township 5 South, Range 80 West bears N. 25'32'15"W, a distance of 946.5 feet; thence along the South right of way line of S.H. No. 78 (Oct. 1965), S. 56°50'49" E. a distance of 63.9 feet; thence continuing along said right of way line N. 78'09'11" E. a distance of 2,364.4 feet; thence continuing along said right of way line along the arc of a curve to the left, having a radius of 5,930.2 feet a distance of 250.1 ft. (the chord of this arc bears N. 76°56'41" E. a distance of 250.1 ft.), thence continuing along said right of way line N. 75°44'11" E. a distance of 1,207.8 feet to the North line of Section 9; thence along the North line of Section 9, N. 89°19'22" W. a distance of 193.8 feet; thence S. 78°09'11" W. a distance of 122.6 feet; thence S. 77°34'49" W. a distance of 2,700.2 feet; thence S. 76°04'59" W. a distance of 747.4 feet; thence along the arc of a curve to the right, having a radius of 5,923.0 feet a distance of 107.6 feet (the chord of this arc bears S. 78°40'25" W. a distance of 107.6 feet), more or less, to the point of Beginning. TOGETHER WITH A part of the N 1/2 N 1/2, Section 9, Township 5 South, Range 80 West of Sixth Principal Meridian, Town of Vail, Colorado, described as follows: Beginning at the Northeast corner of said Section 9, thence along the East line of said Section 9 S. 00°02'30" E. 318.38 feet to the Northerly boundary of Vail Valley, Third Filing, a subdivision recorded in the office of the Eagle County, Colorado, Clerk and Recorder; thence the following nine courses along said Northerly boundary: (1)195.12 feet along the arc of a curve to the left having a radius of 208.84 feet, a central angle of 53°31'52", and a chord which bears N78°16'35"W 188.10 feet; (2) S74°57'30"W 299.19 feet; (3)132.47 feet along the arc of a curve to the left having a radius of 191.50 feet, a central angle of 39°38'06", and a chord which bears S55°08'27"W 129.85 feet; (4) S35°19'24"W 53.28 feet; (5) 91.32 feet along the arc of a curve to the right having a radius of 290.69 feet, a central angle of 18°00'00", and a chord which bears S44°19'24"W 90.95 feet; (6) S53°19'24"W 197.05 feet; (7) 114.13 feet along the arc of a curve to the left having a radius of 165.00 feet, a central angle of 39°37'55", and a chord which bears S33'30'26"W 111.87 feet; (8) Our Order No: V50020697.1 LEGAL DESCRIPTION S13 041'29"W 95.24 feet; (9) 138.45 feet along the arc of a curve to the right having a radius of 108.87 feet, a central angle of 72°51'47", and a chord which bears S50°07'23"W 129.31 feet to the northwest corner of Lot 2, Vail Valley, Third Filing; thence along the Northerly line of a parcel described IN BOOK 325 AT PAGE 460 in the clerk's records 68.98 feet along the arc of a curve to the right having a radius of 108.87 feet, a central angle of 36°18'02", and a chord which bears N75°17'43"W 67.83 feet to the most easterly corner of lot 3, Sunburst Filing no. 3, a subdivision recorded in the clerk's records; thence the following eight courses along the Easterly and Northerly boundary of said Sunburst Filing No. 3: (1) 80.00 feet along the arc of a curve to the right having a radius of 108.87 feet, a central angle of 42°06'13", and a chord which bears N36°05'36"W 78.21 feet; (2) N15°02'30"W 115.00 feet; (3) 239.38 feet along the arc of a curve to the left having a radius of 189.10 feet, a central angle of 72°31'52", and a chord which bears N51°18'24"W 223.72 feet; (4)119.31 feet along the arc of a curve to the left having a radius of 135.00 feet, a central angle of 50°38'17", and a chord which bears N72°59'22"W 115.47 feet; (5) S81°41'30"W 877.73 feet; (6) 202.47 feet along the arc of a curve to the left having a radius of 444.71 feet, a central angle of 26°05'11", and a chord which bears S68°38'54"W 200.73 feet; (7) S55°36'19"W 37.99 feet; (8) S12°57'43"W 50.01 feet to a point on the Northerly boundary of Vail Valley, First Filing, a subdivision recorded in the Clerk's records; thence the following three courses along said northerly boundary; (1) S63°06'08"W 93.37 feet; (2) S71°15'58"W 102.04 feet; (3) S88°36'16"W 185.01 feet to the most Easterly corner of Tract A, Vail Village, Eighth Filing, a subdivision recorded in the Clerk's records; thence the following five courses along the easterly line of said Vail Village, Eighth Filing: (1) 93.08 feet along the arc of a curve to the right having a radius of 125.00 feet, a central angle of 42°40'00" and a chord which bears N15°03'41"W 90.95 feet; (2) 117.72 feet along the arc of a curve to the left having a radius of 190.00 feet, a central angle of 35°30'00", and a chord which bears N 11°28'41"W 115.85 feet; (3) N29-13-41"W 138.00 feet; (4) 74.32 feet along the arc of a curve to the right having a radius of 245.00 feet, a central angle of 17°22'52", and a chord which bears N20°32'15"W 74.04 feet; (5) N11°50'49"W 54.92 feet to the southerly right-of-way line of U.S. Highway No. 6; thence the following three courses along said right-of-way line: (1) N78°11'20"E 540.92 feet: (2) N76°56'41"E 250.00 feet; (3) N75°43'51"E 1260.37 feet to the North line of said Section 9, thence along said North line S89°23'38"E 1061.65 feet to the point of beginning. PARCEL 2: Commencing at the Northwest corner of the Southwest one-quarter of the Northeast one-quarter of Section 8, Township 5 South , Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado; thence Southerly along the West line of said Southwest one-quarter of the Northeast one-quarter a distance of 274.44 feet to the point of beginning; thence on an angle to the left of 21°22'45" and along a curve to the left having a radius of 175.00 feet, a central angle of 53'57'15", an arc distance of 164.79 feet to a point of tangent; thence along said tangent a distance of 215.00 feet to a point of curve; thence on a curve to the right having a radius of 125.00 feet, a central angle of 16°00'00", an arc distance of 34.90 feet to a point of tangent; thence Our Order No: V50020697.1 LEGAL DESCRIPTION along said tangent a distance of 90.00 feet to a point of curve; thence on a curve to the left having a radius of 175. 00 feet, a central angle of 23°03'57", an arc distance of 70.45 feet to a point of tangent; thence along said tangent a distance of 310.75 feet to a point of curve; thence on a curve to the left having a radius of 525.00 feet, a central angle of 31°14'01", an arc distance of 286.19 feet to a point of tangent; thence along said tangent a distance of 130.00 feet; thence on an angle to the right of 90°00'00" a distance of 115.00 feet; thence on an angle to the left of 74°30'00" a distance of 615.00 feet; thence on an angle to the left of 19°04'58" a distance of 195.25 feet; thence on an angle to the left of 21'43'27" a distance of 445.00 feet; thence on an angle to the left of 62'30'00" a distance of 50.00 feet; thence on an angle to the right of 90°00'00" and along a curve to the right having radius of 185.00 feet, a central angle of 84°00'00", an arc distance of 271.22 feet to a point of tangent; thence along said tangent a distance of 55.00 feet; thence on an angle to the right of 60'15'13" a distance of 180.45 feet; thence on an angle to the left of 22°23'29" a distance of 165.15 feet; thence on an angle to the right of 40°02'35" a distance of 151.27 feet; thence on an angle to the left of 66°26'04" a distance of 55.00 feet; thence on an angle to the left of 47°15'00" a distance of 76.00 feet; thence on an angle to the left of 44°37'46" a distance of 203.76 feet; thence on an angle to the right of 75°37'46" and along a curve to the left having a radius of 265.00 feet, a central angle of 4°19'42" an arc distance of 20.02 feet; thence on an angle to the right of 80°01'48" a distance of 105.00 feet; thence on an angle to the right of 24°59'45" a distance of 716.22 feet; thence on an angle to the right of 14°30'00" a distance of 255.00 feet; thence on an angle to theright of 16°30'00" a distance of 355.00 feet; thence on an angle to the left of 9°45'00" a distance of 515.00 feet; thence on an angle to the right of 10°57'18" a distance of 1379.28 feet to a point on the East line of a Block 1, Vail Village, First Filing; thence on an angle to the right of 111°49'05" and along said East line a distance of 295.00 feet to the South line of Tract F, Vail Village, First Filing; thence on an angle to the right of 64°30'00" and along South line a distance of 446.70 feet to a point on the West line of said Southwest one-quarter of the Northeast one-quarter; thence on an angle to the left of 97°00'06" and along said West line a distance of 191.47 feet to the point of beginning. Excepting the following described parcel: a part of Tract B, VAil Village, Seventh Filing, County of Eagle, State of Colorado, more particularly described as follows: Beginning at the most Westerly corner of said Tract B; thence Northwesterly along the Westerly line of said Tract B 295.00 feet to the Northwest corner of said Tract B; thence on an angle to the right of 64°30'00" and along the Northerly line of said Tract B, 446.70 feet to a point on the East line of the Southeast one-quarter of the Northwest one-quarter of Section 8, Township 5 South, Range 80 West of the Sixth Principal Meridian; thence on an angle to the left of 97°00'06" and Northerly along said East line and along the Westerly line of Tract B 191. 47 feet to a point of intersection with the Southerly line of Vail Valley Drive; thence on an angle to the right of 158°37'15" and along the Southerly line of Vail Valley Drive and along a curve to the left having a Our Order No: V50020697.1 LEGAL DESCRIPTION radius of 175.00 feet, a central angle of 53°57'15", an arc distance of 164.79 feet to a point of tangent; thence along said Southerly line and along said tangent 215.00 feet to a point of curve; thence along said Southerly line and along a curve to the right having a radius of 125.00 feet, a central angle of 16°00'00", an arc distance of 34.90 feet to a point of tangent; thence along said Southerly line and along said tangent 90.00 feet to a point of curve; thence along said Southerly line and along a curve to the left having a radius of 175.00 feet, a central angle of 23°03'57", an arc distance of 70.45 feet to a point of tangent; thence along said Southerly line and along said tangent 310.75 feet to a point of curve; thence along said Southerly line and along a curve to the left having a radius of 525.00 feet, a central angle of 31°14'01", an arc distance of 286.19 feet to a point of tangent; thence along said Southerly line and along said tangent 130.00 feet to the Northwesterly corner of Lot A, Block 2, said Vail Village Seventh Filing; thence on an angle to the right of 90°00'00" and along the Westerly line of said Lot A 115.00 feet; thence on an angle to the right of 21'26'23", 342.21 feet to a point of intersection with the Southerly line of said Tract B; thence on an angle to the right of 91°55'18" and along the Southerly line of said Tract B 515.00 feet; thence on an angle to the right of 10°57'18" and along said Southerly line 1379.28 feet to the true point of beginning; Commencing at the Northeast corner of the North one-half of the Southwest one-quarter of the Northwest one-quarter of Section 9, Township 5South, Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado thence Southerly along the East line of said North one-half of the Southwest one-quarter of the Northwest one-quarter a distance of 206.78 feet; thence on an angle to the right of 100°35'51" a distance of 114.84 feet to the point of beginning; thence on an angle to the left of 90°00'00" a distance of 30.00 feet to a point of curve; thence on a curve to the right having a radius of 75.00 feet, a central angle of 50°00'00", an arc distance of 65.45 feet to a point of tangent thence along said tangent a distance of 540.00 feet to a point of curve; thence on a curve to the left having a radius of 180.00 feet, a central angle of 8°20'29", an arc distance of 26.21 feet; thence on an angle to the right of 38°04'16" parallel to and 110.00 feet from the South line of said North one-half of the Southwest one-quarter of the Northwest one-quarter a distance of 682.98 feet; thence on an angle to the right of 63°46'39" and along a curve to the right having a radius of 215.00 feet, a central angle of 65°09'58", an arc distance of 244.43 feet to a point of tangent; thence along said tangent a distance of 22.52 feet; thence on an angle to the right of 83°45'36" and on a curve to the left having a radius of 230.00 feet, a central angle of 44°26'00", an arc distance of 178.37 feet to a point of tangent; thence along said tangent a distance of 285.00 feet to a point of curve; thence along a curve to the right having a radius of 110.00 feet, a central angle of 32°00'00", an arc distance of 61.44 feet to a point of reverse curve; thence on a curve to the left having a radius of 140.00 feet, a central angle of 42°00'00", an arc distance of 102.63 feet to a point of tangent; thence along said tangent a distance of 130.00 feet to a point of curve; thence on a curve to right having a radius of 355.00 feet, a central angle of 13°30'00", an arc distance of 83.64 feet to a point of tangent; thence along said tangent a distance of 230.00 feet to a point of curve; thence on a curve to the right having a radius of 285.00 feet, a central angle of 18°30'00", an arc distance Our Order No: V50020697.1 LEGAL DESCRIPTION of 92.02 feet to a point of tangent; thence along said tangent a distance of 45.00 feet to the point of beginning, except 15 foot radius curves at street intersections. Beginning at the Northeast corner of the North one-half of the Southwest one-quarter of the Northwest one-quarter of Section 9, Township 5 South, Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado; thence Southerly along the East line of said North one-half of the Southwest one-quarter of the Northwest one-quarter a distance of 155.92 feet; thence on an angle to the right of 100°35'51" a distance of 135.16 feet; thence on an angle to the right of 69°52'29" a distance of 133.79 feet to a point on the North line of said North one-half of the Southwest one-quarter of the Northwest one-quarter; thence on an angle to the right of 99°51'19" a distance of 155.00 feet to the point of beginning. A part of section 3,4, and 10, Township 5 South, Range 80 West of the Sixth Principal Meridian, COUNTY OF EAGLE, STATE OF COLORADO, more particularly described as follows: Beginning at the Southeast corner of said Section 4; thence Westerly along the South line of said Section 4 a distance of 1062.69 feet to a point on the South line of proposed Interstate 70; thence on an angle to the right of 167°32'49" and along the South line of Interstate Highway 70 a distance of 610.34 feet to a point of curve; thence along said South line and along a curve to the left having a radius of 5910.00 feet, a central angle of 4°29'29", an arc distance of 463.28 feet to a point of tangent; thence on an angle to the left of 8°10'15" and along said South line a distance of 211.10 feet; thence on an angle to the right of 8'10'15" and along said South line a distance of 2100.00 feet; thence on an angle to the right of 8°31'36" and along said South line a distance of 202.20 feet; thence on an angle to the left of 8°31'36" and along said South line a distance of 88.38 feet; thence on an angle to the right of 90°00'00" a distance of 261.76 feet; thence on an angle to the right of 74°21'42" a distance of 380.00 feet; thence on an angle to the left of 41°00'00" a distance of 255.00 feet; thence on an angle to the right of 46°00'00" a distance of 665.00 feet to a point on the South line of said Section 3; thence on an angle to the right of 27°30'00" and along the South line of said Section 3 a distance of 250.00 feet to the Northeast corner of the Northwest one-quarter of the Northwest one-quarter of said Section 10; thence on an angle to the left of 90°38'37" and along the East line of the Northwest one-quarter of the Northwest one-quarter of said Section 10 a distance of 120.00 feet; thence on an angle to the right of 78°24'46" a distance of 161.38 feet; thence on an angle to the right of 19'30'20" a distance of 340.00 feet; thence on an angle to the left of 32'20'00" a distance of 140.00 feet; thence on an angle to the the left of 26°40'00" a distance of 600.00 feet; thence on an angle to the right of 93'10'00" a distance of 417.73 feet to a point on the West line of the Northwest one-quarter of the Northwest one-quarter of said Section 10; thence on an angle to the right of 47°54'39" and along said West line a distance of 365.00 feet to the point of beginning. A part of the South one-half of Section 3 Township 5 South, Range 80 West of the Sixth Principal Meridian, County of Eagle, State of colorado, more particularly Our Order No: V50020697.1 LEGAL DESCRIPTION described as follows: Commencing at the Southwest corner of the Southwest one-quarter of the Southwest one-quarter of said section 3; thence Easterly along the South line of said Seciton 3, 250.00 feet; thence on an angle to the left of 27°30'00", 665.00 feet; thence on an angle to the left of 46°00'00", 255.00 feet; thence on an angle to the right of 41°00'00", 380.00 feet; thence on an angle to the left of 74 021'42", 121.76 feet to the true point of beginning; thence continuing along the aforesaid course 140.00 feet to a point on the Southerly right-of-way of Interstate Highway I-70; thence on an angle to the right of 90°00'00" and along said Southerly right-of-way 286.92 feet to a point of curve; thence along said Southerly right-of-way and along a curve to the right having a radius of 5550.00 feet, a central angle of 00°31'29", an arc distance of 508.17 feet; thence on an angle to the right of 13°42'47" and along said Southerly right-of-way 868.80 feet; thence on an angle to the left of 24°49'21" and along said Southerly right-of-way 32.95 feet; thence on an angle to the right of 114 044'31", 27.22 feet; thence on an angle to the right of 30°51'10", 194.73 feet; thence on an angle to the right of 19°49'01", 52.77 feet; thence on an angle to the right of 40°04'29", 100.00 feet; thence on an angle to the left of 22°00'00", 220.00 feet; thence on an angle to the left of 16°00'00", 190. 00 feet; thence on an angle to the right of 37 000'00", 240.00 feet; thence on an angle to the right of 07°00'00", 300.00 feet; thence on an angle to the right of 16°00'00", 300.00 feet; thence on an angle to the left of 42°00'00", 230.00 feet to the true point of beginning, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B -Section 1 (Requirements) Our Order No. V50020697.1 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B -Section 2 (Exceptions) Our Order No. V50020697.1 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN WARRANTY DEED FROM THE PULIS RANCH RECORDED JANUARY 19, 1984 IN BOOK 376 AT PAGE 985. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 29, 1903, IN BOOK 48 AT PAGE 495, AND RECORDED AUGUST 22, 1956 IN BOOK 157 AT PAGE 304. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 29, 1903, IN BOOK 48 AT PAGE 495, AND RECORDED AUGUST 22, 1956 IN BOOK 157 AT PAGE 304. 11. ANY RIGHTS IN AND TO THE SHIVELY DITCH AND GORE CREEK. 12. RIGHT OF WAY EASEMENT AS GRANTED TO WESTERN SLOPE GAS COMPANY IN INSTRUMENT RECORDED JANUARY 12, 1966, IN BOOK 192 AT PAGE 39, SAID EASEMENT BEING ALONG THE NORTHERLY 25 FEET OF THE SUBJECT PROPERTY. ALTA COMMITMENT Schedule B -Section 2 (Exceptions) Our Order No. V50020697.1 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: 13. TERMS, CONDITIONS AND PROVISIONS OF GROUND LEASE AND OPTION TO LEASE AGREEMENT BETWEEM CAROLINE K. PULIS,JAY B. PULIS,JR., WARREN KAMAR PULIS AND JAY B. PULIS,JR., TRUSTEE, AND WARREN KAMAR PULIS, TRUSTEE, LESSORS, AND VAIL METROPOLITAN RECREATION DISTRICT, LESSEE, RECORDED FEBRUARY 05, 1969 IN BOOK 214 AT PAGE 613, AND AMENDMENTS RECORDED IN BOOK 218 AT PAGE 952 AND BOOK 239 AT PAGE 37. 14. TERMS, AGREEMENTS, CONDITIONS, PROVISIONS,OBLIGATIONS AND RESTRICTIONS,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 THE DECLARATION FOR VAIL VILLAGE, EIGHTH FILING, RECORDED DECEMBER 17, 1965 IN BOOK 187 AT PAGE 523. 15. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF VAIL VILLAGE EIGHTH FILING. 16. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT BETWEEN JAY B. PULIS,JR., WARREN KAMAR PULIS, GRANTORS, AND VAIL WATER AND SANITATION DISTRICT, GRANTEES, RECORDED FEBRUARY 05, 1969 IN BOOK 214 AT PAGE 612. 17. TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT-OF-WAY EASEMENT BETWEEN THE PULIS RANCH AND MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY RECORDED APRIL 24, 1976 IN BOOK 246 AT PAGE 623. 18. TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT RECORDED MAY 27, 1980 AT RECEPTION NO. 199642. 19. EXCEPTING THEREFROM ANY PORTION OF SUBJECT PROPERTY LYING IN ANY EXISTING ROADWAYS AND RIGHTS OF WAY OF RECORD. 20. DEED OF TRUST DATED JANUARY 19, 1984, FROM THE TOWN OF VAIL TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF THE PULIS RANCH TO SECURE THE SUM OF$2,200,000.00 RECORDED JANUARY 19, 1984, IN BOOK 376 AT PAGE 987. ALTA COMMITMENT Schedule B -Section 2 (Exceptions) Our Order No. V50020697.1 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: SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT OF DEED OF TRUST RECORDED JULY 03, 1989, IN BOOK 509 AT PAGE 392. 21. TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT OF WAY EASEMENT RECORDED NOVEMBER 12, 1986 AT RECEPTION NO. 348371. 22. TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT OF WAY EASEMENT RECORDED OCTOBER 31, 2000 AT RECEPTION NO. 742909. 23. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED NOVEMBER 13, 2000 AT RECEPTION NO. 743912. 24. TERMS, CONDITIONS AND PROVISIONS OF WATER AND ELECTRIC FACILITIES EASEMENT RECORDED AUGUST 09, 2001 AT RECEPTION NO. 764239. 25. TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT RECORDED APRIL 14, 2010 AT RECEPTION NO. 201006961. 26. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED SEPTEMBER 28, 2011 AT RECEPTION NO. 201118006. 27. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED MAY 13, 2010, UNDER RECEPTION NO. 201009159. THE ABOVE EXCEPTIONS AFFECT PARCEL 1 28. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN QUITCLAIM DEED FROM VAIL VALLEY, INC. RECORDED AUGUST 26, 1980 IN BOOK 307 AT PAGE 611. 29. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN WARRANTY DEED RECORDED OCTOBER 19, 1984 IN BOOK 397 AT PAGE 528. ALTA COMMITMENT Schedule B -Section 2 (Exceptions) Our Order No. V50020697.1 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: 30. 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 JULY 12, 1899, IN BOOK 48 AT PAGE 475, MAY 20,1905 IN BOOK 48 AT PAGE 511, JUNE 29, 1903 IN BOOK 48 AT PAGE 495, AND AUGUST 22, 1956 IN BOOK 157 AT PAGE 304. 31. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475, MAY 20, 1905 IN BOOK 48 AT PAGE 511,JUNE 29, 1903 IN BOOK 48 AT PAGE 495, AND AUGUST 22, 1956 IN BOOK 157 AT PAGE 304. 32. DITCH AND WATER RIGHTS IN AND TO THE SHIVELY DITCH AND GORE CREEK. 33. RIGHT OF WAY FOR THE UNINTERRUPTED FLOW OF GORE CREEK OVER AND ACROSS THE PREMISES AS IS NOW LOCATED OR AS MAY BE LOCATED IN THE FUTURE. 34. EXCEPTING ANY PORTION OF THE PREMISES LYING IN ANY EXISTING ROADWAY OR RIGHTS OF WAY OF RECORD. 35. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN THE PROTECTIVE COVENANTS OF VAIL VILLAGE, SEVENTH FILING, RECORDED DECEMBER 17, 1965 IN BOOK 187 AT PAGE 515. 36. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF VAIL VILLAGE, SEVENTH FILING. 37. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ELECTRIC ASSOCIATION, INC. UNDERGROUND RIGHT-OF-WAY EASEMENT RECORDED NOVEMBER 19, 1990 AT RECEPTION NO. 438565. 38. TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT OF WAY EASEMENT RECORDED JULY 24, 1985 AT RECEPTION NO. 316872. 39. TERMS, CONDITIONS AND PROVISIONS OF PUBLIC SERVICE COMPANY OF COLORADO EASEMENT RECORDED JANUARY 20, 2004 AT RECEPTION NO. 865334. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50020697.1 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: 40. TERMS, CONDITIONS AND PROVISIONS OF PUBLIC SERVICE COMPANY OF COLORADO EASEMENT RECORDED JANUARY 20, 2004 AT RECEPTION NO. 865335. THE ABOVE EXCEPTIONS AFFECT PARCEL 2. 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 DDue listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time or 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 Eand Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner s Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien rotection for the Owner may be available (typicall 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-fled mechanics and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or mayor repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary 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 knowin ly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauing or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrauding or incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting attempting to defraud the policyholder or claimant with regard to a settlemwnt or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. �I DISCLOSURE 02/2011 First American Title Insurance Company PRIVACY POLICY We are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information- particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, the First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: * Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled respnsibly and in accordance with this Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and procedural safeguards that comply with referral regulations to guard your nonpublic personal information. WEBSITE Information on the calculation of premiums and other title related charges are listed at First American's website: www.firstam.com NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D/B/A LAND TITLE GUARANTEE COMPANY- GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d/b/a Land Title Guarantee Company - Grand Junction. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; • your transactions with, or from the services being performed by, us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.M.1