HomeMy WebLinkAboutDRB130207 Action Form and Application
Project Name:Ferguson Residence DRB Number: DRB130207
Project Description:
GARAGE ADDITION, OUTDOOR KITCHEN ADDITION, NEW STONE AND SIDING TO EXISTING
RESIDENCE
Participants:
OWNER FERGUSON, JOHN & VIOLET 06/07/2013
3 HEPPLEWHITE WY
THE WOODLANDS, TX
77382
APPLICANT WILLIAM RESLOCK, ARCHITECT 06/07/2013 Phone: 303-773-9578
1582 PROUTY DRIVE
EVERGREEN
CO 80439
Project Address:1250 WESTHAVEN CR VAIL Location:
Legal Description:Lot: 30 Block: Subdivision: GLEN LYON SUB.
Parcel Number:2103-124-0300-1
Comments:See conditions
BOARD/STAFF ACTION
Motion By:Kjesbo Action: APPROVED
Second By:Maio
Vote:5-0-0 Date of Approval: 07/17/2013
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
(PLAN): DRB approval shall not become valid for 20 days following the date of
approval, pursuant to the Vail Town Code, Chapter 12-3-3: APPEALS.
Cond: 202
(PLAN): Approval of this project shall lapse and become void one (1) year following
the date of final approval, unless a building permit is issued and construction is
commenced and is diligently pursued toward completion.
Cond: CON0013334
The applicant shall plant a minimum of three, 8-foot tall evergreen trees along the
west property line prior to requesting final planning inspections.
Cond: CON0013335
In conjunction with the building permit, the applicant shall include a new roof
material for the structure which is in compliance with 14-10-5F, Building Materials
and Design, Vail Town Code. The replacement of the roof is triggered by an addition
in excess of 500 square feet as detailed in Section 12-11-3C, Design Approval, Vail
Town Code.
Planner:Warren Campbell DRB Fee Paid: $300.00
v E Department of Community Development
D75 South Frontage Road
�► JUN 4 6 2013 Vail, CO 81657
Tel: 970 -479 -2128
C�' � PM www.vailgov.com
Development Review Coordinator
Application for Design Review
Additions - Residential or Commercial
General Information: This application is required for all proposals involving the addition of any floor area, including net
floor area and /or gross residential floor area (GRFA). This also includes proposals for 'residential 250 additions' and
'interior conversions'. 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: $300
V Single Family _a Duplex 171 Multi - Family Commercial
Description of the Request:
Garage addition, outdoor kitchen addition, new stone and siding to existing residence
Addition of 284 sq ft of GRFA (Residential) or sq ft of net floor area (Commercial/ Office)
Physical Address: 1250 Westhaven Circle
Parcel Number: 210312403001 (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.)
Property Owner: John and Violet Ferguson
3 Hepplewhite Way, The Woodlands, TX 77382
Phone: 281 -415 -8934
Owner's Signature:
Primary Contact/ Owner Representative: William Reslock, Architect
Mailing Address.. : 1582 Prouty Drive, Evergreen, CO 80439
E -Mail: rsllc @q.com
Phone: 303 - 773 -9578
Fax:
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: �/, 0
Zoning: Land Use:
Location of the Proposal: Lot: Block: Subdivision \ f , Clv%,
************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
TOWN OF VAIL, COLORADO Statement
************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Statement Number: R130000755 Amount: $300.00 06/07/201304:08 PM
Payment Method: Check Init: SAB
Notation: 4305 RESLOCK &
SULLIVAN
-----------------------------------------------------------------------------
Permit No: DRB130207 Type: DRB - Addition of GRFA
Parcel No: 2103 - 124 - 0300 -1
Site Address: 1250 WESTHAVEN CR VAIL
Location:
Total Fees: $300.00
This Payment: $300.00 Total ALL Pmts: $300.00
Balance: $0.00
************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
-------------- - - - - -- ------------------------ - - - - -- ------ - - - - --
DR 00100003112200 DESIGN REVIEW FEES 300.00
TOWN OF MAIL
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
completed by the adjoining duplex unit owner or the authorized agent of the home owner's association in the case of a
condominium or multi- tenant building. All completed forms must be submitted with the applicants completed application.
I, (print name) , a joint owner, or authority of
the association, of property located at provide this letter as written approval of
the plans dated which have been submitted to the Town of Vail
Community Development Department for the proposed improvements to be completed at the address noted above. I
understand that the proposed improvements include:
N/A
I understand that modifications may be made to the plans over the course of the review process to ensure compliance
with the Town's applicable codes and regulations; and that it is the sole responsibility of the applicant to keep the joint
property owner apprised of any changes and ensure that the changes are acceptable and appropriate. Submittal of an
application results in the applicant agreeing to this statement.
Signature Date
Print Name
Property Information
Property Address
1250 Westhaven Circle
Parcel #
210312403001
Allowed
Legal Description
Lot 30
Gross Residential Floor Area
(maximum)
Chapter 12 -15
Development Site Area
sq ft
127167
5511
1 acres
1.6237
1 buildable sq ft
6791.5
Zone District / SDD #
P/S
Hazard Zones
Sections 12 -21 & 14 -7
Snow Avalanche
r High Severity I— Moderate Severity r—, N/A
Debris Flow
F High Flow F Moderate Flow F High Avalanche F N/A
Rock fall
[—High Severity F, Medium SeverityN /A
Excessive Slopes
230% % N/A
Floodplain
[7 100 year floodplain r Floodway r Wetlands rV /A
Creeks, Streams
Section 12 -14 -17
I LJGore Creek ion site [7, adjacent to site F N/A
❑Other tributary: Fon site F-adjacent to site N/A
Project Information
Project Description
Development Standards
Allowed
Existing
Proposed
Gross Residential Floor Area
(maximum)
Chapter 12 -15
Primary sq ft
8082
5227
5511
Secondary sq ft
EHU sq ft
TOTAL sq ft
8082
5227
5511
250 Addition Interior Conversion
Credits:
Setbacks (minimum)
Section 14 -10-4
Front ft
201
20'
20'
Side ft
16,
15'
15'
Side ft
1g'
15'
15'
Rear ft
15'
15'
15'
Watercourse ft
N/A
N/A
N/A
Site Coverage (maximum)
see definition Section 12 -2 -2
25%
14%
15.5%
Building Height (maximum)
see definition Section 12 -2 -2
Sloping ft
Flat ft
33 '0
33 '0
33 '�
Landscaping
See definition Section 14 -2 -1
Section 14 -10 -8
Softscape sq ft
18379
18379
18379
Hardscape sq ft
4849
4849
4849
TOTAL sq ft
23228
23228
23228
Driveway
Sections 14 -3 -1 & 14 -3 -2
Max Curb -cuts
20'
20'
20'
Max Grade @
centerline
0
12%
12%
12%
Min Width
12%
12%
12%
Heated drive?
F Yes (- - No
F Yes F-� No
Snow Storage %
Parking
Sections 12 -10 & 14 -5
#Enclosed Spaces
#Unenclosed
TOTAL
4/1 -5
Outdoor Lighting (maximum)
Section 14 -10 -7
# fixtures
10
12
PROPOSED MATERIALS
Building Materials
Type of Material
Color
Roof
Existing
Siding
1 x 6 T &G
Olympic 911
Other Wall Materials
Metal Cladding
Natural
Fascia
Stone
Telluride Gold
Soffits
1 x 6 T &G
Clear
Windows
1 x 6 WD
Olympic 911
Window Trim
1 x 6 WD
Olympic 911
Doors
Door Trim
1 x 6 WD
Olympic 911
Hand or Deck Rails
Wood and wrought iron
Flues
Copper
Natural
Flashing
Copper
Natural
Chimneys
Existing
Trash Enclosures
N/A
Greenhouses
N/A
Retaining Walls
Stone
Telluride Gold
Exterior Lighting
Existing to remain
Other
75
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June 5, 2013
The Design Review Board
Town of Vail
75 S. Frontage Road
Vail, CO 81657
RE: 1250 Westhaven Circle
Vail, CO
GRFA Study
Site Area:
Allowed Site Coverage:
Proposed Site Coverage:
GRFA Ratio:
GRFA Used:
Lower Level
Entry Level
Living Level
Total
Garage
.6237 Acre
27,167 Sq. Ft.
.25 x 27,167 = 6792 Sq. Ft.
4236 sq.ft.
10,000 x .46 = 4600
5,000 x .38 = 1900
12,167x.13 =1582
8082 sq.ft.
Existing
Proposed
215 sq. ft.
392 sq. ft. with basement credit
2301 sq. ft.
2301 sq. ft.
2711 sq. ft.
5227 sq.ft.
Basement Credit 1305 sq.ft. x .3 = 391.5 sq.ft.
Estimated credit at 70% of lower level
Allowable GRFA 8082 sq.ft.
Proposed GRFA 5511 sq.ft.
Remaining GRFA 2571 sq.ft.
2818 sq. ft.
5511 sq.ft.
1200 sq.ft. (four cars)
COLLINS & LAMPIRIS
CONSULTING GEOLOGISTS
P.O. Box 23
SILT, COLORADO 81652
PHONFRAx (970) 876 -5400 (24 HOURS)
May 6, 1998
Mr. W. F. Restock
7233 E. Costilla Place
Englewood, Colorado 80112
Dear Mr. Restock:
n2UMU
BiuccA Collura, Ph.D.
Ndoin L mvirfs, Ph.D.
RE: LOT 31, GLEN LYON SUBDMSION
VAIL, COLORADO
In accordance «•it1 your instructions I have examined the subject property for the purpose of
evaluating potential geologic hazards. As you know the lot is included in the "moderate hazard"
category for debris flow on the Town of Vail geologic hazard maps.
The debris flow hazard is present in the form of a small gulch along the northeast side of the property.
This gulch has a vent small drainage area, is deeply incised and well - channeled for a drainage its size
(eight feet minimum, with banks twenty feet wide or more at the top), and shows no indication of
significant flow in recent time. There is a 24" culvert under Westhaven Circle which shows no
indication of having carried substantial water since installation. It should be noted that the entrance
area has been nearly filled with road debris and trash dirt and rock, and should be cleaned by whoever
is responsible for road maintenance in this subdivision.
According to the topographic map faxed to me (2 -ft contour interval) the depth of the gulch where
it enters the uphill portion of the lot is approximately 10 feet. This depth decreases downhill to eight
feet adjacent to the proposed building envelop. I recommend that during construction and final
grading a two -foot (or higher) berm be constructed along the bank edge from the 8,170 -11 contour
line as shown on the map along the edge of the bank downhill to the 8,140 -ft contour. This berm
should be constructed of medium -sized rock and soil, with the soil compacted to the extent possible,
to a total width of at least three feet. Alternatively a swale at least two feet deep could be graded
between the present bank and the proposed structure along the structure's entire northeast side,
constructed to drain into the gulch. If the latter course is adopted, the northeast side of the home
should be constructed with a stemwall or foundation extending at least two feet above final grade of
the upper southwest edge of the swale without windows, doors, or other significant opening in this
two -foot interval. In any case care must be taken not to lower the top of the existing bank or
otherwise reduce the protection the current channel provides. In this regard, the gulch should be
periodically cleaned of downed trees and other debris that could contribute to a debris dam during
a rare high -flow event.
— - --- • u " vVL 419.J rAut b'<
Page 2
A substantial portion of the middle slopes in the general area of the lot has been mapped as
"Quaternary landslide and thick colluvium" by Tweto and Lovering (1977'). There is an indication
of an ancient small scarp and related downhill slide colluvium at the back of the property. Foundation
testing and design should take into account the possibility of shallow bedrock and slide material
although it must be stressed that there is no indication of recent instability of any sort in the area. If
this area is disturbed at all, care should be taken to insure that the final grade will provide good
drainage. Landscaping uphill from the building envelop should be such that little if any watering is
required.
No other geologic hazards are mapped and none were observed on lot 31. Although the property
is located in a geologically sensitive area, such minor hazards as are present can be mitigated if the above
recommendations are fol lowed. As described the mitigations will not increase the hazard to other property or
structures, or to public buildings, rights-of -way, roads, streets, easements, utilities, or facilities or other
properties of any kind
If you have any :,uc;fions or require any further information, please do not hesitate to contact me.
yours,
Bruce A. Collin fhD. A A
Consulting Geo . )ijI&
cc: Steve Heath
Pat Broe
I T�% I'o, C) X!.f) F,MTRI\V,, T.S., 1977, GEOLOGY OF n-iE Nlmi.rRN ] 5- MINUTE QUADRANGLE, EAGLE AND StR mj,
COUNTIES. Cf)1.OR:1hO' ! `. S GEOL. SURVEY PROF. PAPER 956.
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 scheduling 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 COM-
MENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact
The Town of Vail.
Subject Property Address: 1250 Westhaven Lot 30 Block
Primary Contact! Owner Representative: William F. Reslock, Architect
Primary Contact /Owner Representative Signature
Subdivision: Glen Lyon
Phone: 303 - 773 -9578
Plans Dated: 05 -30 -13
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.
Authorized Signature
Comments
Date
CENTURY LINK
970.328.8288 (tel)
z'azz-�o
970.328.8282 (fax)
Contacts: Barb Davis
barb.davis ftenturylink.com
XCEL HIGH PRESSURE GAS
970.406.1784 (tel)
970.468.1401 (fax)
Contact: Remington Baker
remington. c.bakerf&xoeleneW.com
HOLY CROSS ENERGY
970.947.5425 (tel)
970.945.4081 (fax)
Contact: Jeff Vroom
ivroom0holvoross.com
XCEL Energy
970.262.4039 (tel)
970.262.4038 (fax)
Contacts: Pam McGuire
oamela.mcouire(ftceleneray. com
EAGLE RIVER WATER & SANITATION
DISTRICT
970.477.5449 (tel)
970.845.7218 (fax)
Contact: Tug Birk
tbirkC&erwsd.org
COMCAST CABLE
970.930.4713 (tel)
303.603.1004 (fax)
Contact: Michael Johnson
Michael johnson@cable.comcast.com
CDOT (Only in CDOT Right -of -way)
970.683.6284 (tel)
Contact: Dan Roussin
Daniel. roussinna 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 scheduling 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 COM-
MENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact
The Town of Vail.
Subject Property Address: 1250 Westhaven Lot30 Block
Primary Contact 1 Owner Representative: William F. Reslock, Architect
Contact/Owner Representative Signature
Subdivision: Glen Lyon
Phone: 303 -773 -9578
Plans Dated: 05 -30 -13
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.
Authorized Signature
Comments
Date
CENTURY LINK
970.328.8288 (tel)
970.328.8282 (fax)
Contacts: Barb Davis
1 �
barb davisO.centurvlink.com
iV J P J
XCEL HIGH PRESSURE GAS
970.406.1784 (tel)
¢ °; 4C
; f.>
970.468.1401 (fax)
'1 d
Contact: Remington Baker
r
A
remin4ton c bakergDxceleneroy.com
HOLY CROSS ENERGY
970.947.5425 (tel)
( �% + ,i{ i✓
970.945.4081 (fax)
Contact: Jeff Vroom
1,
ivroom(&holycross.com
XCEL Energy
970.262.4039 (tel)
970.262.4038 (fax)
�' i' °�
e 5�
Contacts: Pam McGuire
ri
uj
1)amela.mcquireC@xcelenergy.com
EAGLE RIVER WATER & SANITATION
DISTRICT1�-
r'
970.477.5449 (tel)
({/ �.
970,845.7218 (fax)
Contact: Tug irk Birk
) 1,.
COMCAST CABLE
970.930.4713 (tel)`
303.603.1004 (fax)
Contact: Michael Johnson
Michael iohnsonAcable.comeast.com
CDOT (Only in CDOT Right -of -way)
970.663.6284 (tel)
Contact: Dan Roussin
Daniel roussinOdot.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 scheduling 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 COM-
MENTS FROM THE UTILITY COMPANIES, If you are unable to obtain comments within that timeframe please contact
The Town of Vail.
Subject Property Address: 1250 Westhaven Lot 30 Block Subdivision: Glen Lyon
Primary ,C ?nta / Owner Representative. . William F. Restock, Architect Phone: 303 -773 -9578
4�� Plans Dated: 05 -30 -13
Primary Contact/Owner Representative Signature
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.
Authorized Signature
Comments
Date
CENTURYLINK
970.328.8288 (tel)
970.328.8282 (fax)
Contacts: Barb Davis
barb.davis centur link.com
XCEL HIGH PRESSURE GAS
970.406.1309 (tel)
970.468.1401 (fax)
Contact: Ron Burets
ronnie.j.bureta@xcelenergy.com
HOLY CROSS ENERGY
970.947.5425 (tel)
970.945.4081 (fax)
6/5/13
Contact: Jeff Vroom
ivroom0holyc ross.com
XCEL Energy
970.262.4039 (tel)
970.262.4038 (fax)
Contacts: Pam McGuire
Damela.mcauire(dxcelenerov.com
EAGLE RIVER WATER & SANITA-
TION DISTRICT
970.477.5449 (tel)
970.845.7218 (fax)
Contact: Tug Birk
tbirk(@erwsd.ora
COMCAST CABLE
970.930.4713 (tel)
303.603.1004 (fax)
Contact: Michael Johnson
i h ae io hn n I e.comcast.com
COOT (Only in CDOT Right -of -way)
970.683.6284 (tel)
Contact: Dan Roussin
Daniel.rouss in0dot.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 scheduling 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 COM-
MENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact
The Town of Vail.
Subject Property Address: 1250 Westhaven Lot 30 Block
Primpry Contact / Owner Representative: William F. Reslock, Architect
Primary Contact/Owner Representative Signature
_ Subdivision: Glen Lyon
Phone: 303 - 773 -9578
Plans Dated: 05 -30-13
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.
Authorized Sianature
Comments
Date
CENTURY LINK
970.328.8288 (tel)
970.328.8282 (fax)
Contacts: Barb Davis
barb.davis@centurvlin k.com
XCEL HIGH PRESSURE GAS
970.406.1784 (tell
970.468.1401 (fax)
Contact: Remington Baker
reminaton. c.bakergbxceleneray.com
HOLY CROSS ENERGY
970.947.5425 (tell
970.945.4081 (fax)
Contact: Jeff Vroom
ivroom0holvcross.com
XCEL Energy
970.262.4039 (tel)
970.262.4038 (fax)
Contacts: Pam McGuire
namela.mcauireftceleneray.com
EAGLE RIVER WATER & SANITATION
DISTRICT
970.477.5449 (tel)
' /
No ICJ �-
970.845.7218 (fax)`'
Contact: Tug Birk
tbirk0erwsd.oro
COMCAST CABLE
970.930.4713 (tel)
303.603.1004 (fax)
Contact: Michael Johnson
Michael iohnsonacable.comcast.com
CDOT (Only in CDOT Right -of -way)
970.683.6284 (tel)
Contact: Dan Roussin
Daniel.roussinD- 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 scheduling 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 COM-
MENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact
The Town of Vail.
Subject Property Address: 1250 Westhaven Lot 30 Block
Primary Contact 1 Owner Representative: William F. Reslock, Architect
Contact/Owner Representative Signature
Subdivision: Glen Lyon
Phone: 303- 773 -9578
Plans Dated: 05 -30 -13
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.
Authorized Signature
Comments
Date
CENTURY LINK
970.328.8288 (tel)
970.328.8282 (fax)
Contacts: Barb Davis
barb.davisD-centurylink. com
XCEL HIGH PRESSURE GAS
970.406.1784 (tel)
970.468.1401 (fax)
Contact: Remington Baker
rreeminaton c baker&- xceleneray.com
HOLY CROSS ENERGY
970.947.5425 (tel)
970.945.4081 (fax)
Contact: Jeff Vroom
ivroom u_holycross.com
XCEL Energy
970.262.4039 (tel)
970.262.4038 (fax)
Contacts: Pam McGuire
pamela mcguireOxcelenergy com
EAGLE RIVER WATER & SANITATION
DISTRICT
970.477.5449 (tel)
970.845.7218 (fax)
Contact: Tug Birk
tbirk(&erwsd.org
COMCAST CABLE
970.930.4713 (tel)
r'
303.603.1004 (fax)
Contact: Michael Johnson
Michael iohnsonAcable.comcast.com
h�
CDOT (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.
Centurylink Webmail Page 1 of 1
Centurylink Webmail rslic@q.con
+ Font Size -
Re: 1250 Westhaven Circle
From : Roussin - CDOT, Daniel <daniel.roussin @state. co.us>
Subject: Re: 1250 Westhaven Circle
To : rsllc @q.com
I have no concerns
Thanks
Dan Roussin
Region 3 Permit Unit Manager
State of Colorado, Colorado Department of Transportation
222 South 6th Street, Room 100, Grand Junction, CO 81501
office: 970.683.6284 Sfax: 970.683.6290
email: daniel.roussin(a)state.co.us
On Thu, May 30, 2013 at 2:52 PM, <rsllc@a.com> wrote:
Thu, May 30, 2013 07:23 PM
We are proposing a garage addition and outdoor kitchen at 1250 Westhaven Circle, as well as some exterior landscaping
improvements. Attached is the siteplan and the utility verification form from the Town of Vail which requires your signature. We
appreciate your review, signature and returning this form. Please contact me if you have any questions or need additional information.
Thanks
William Reslock, A.I.A.
Reslock and Sullivan, L.L.C.
1582 Prouty Drive
Evergreen, CO 80439
Telephone: (303)773 -9578
Fax: (303) 670 -8759
Cell: (303) 917 -3733
www.resiockandsuilivan.com
http: / /md27. quartz. synacor. com /zimbra/h/printmessage ?id =43 829 6/1/2013
Land Title Guarantee Company
Date: 06 -07 -2013
Lind Title Our Order Number: V50036338
GUARANTEE COMPANY
W WW. LT G C. C 0M
Property Address:
1250 WESTHAVEN CIRCLE AKA LOT 30 GLEN LYON SUB VAIL, CO 81657
Buyer/Borrower:
A BUYER TO BE DETERMINED
Seller /Owner:
JOHN FERGUSON AND VIOLET FERGUSON
Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com
for wrecuons to anv of our ag oince iocauons.
ESTIMATE OF TITLE FEES
TBD Commitment $100.00
Zf Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time.
TOTAL $100.00
Pow SAM 06/04 THANK YOU FOR YOUR ORDER!
LAND TITLE GUARANTEE COMPANY
INVOICE NO. VA -7000
land Title
GUARANTEE COMPANY
ww W. L GC. C OM
RESLOCK AND SULLIVAN LLC
1583 PROUTY DR
EVERGREEN, CO 80439
Owner: JOHN FERGUSON AND VIOLET FERGUSON
Address: 1250 WESTHAVEN CIRCLE AKA LOT 30 GLEN LYON SUB VAIL, CO 81657
Invoice Date: June 07, 2013
Order No. V50036338
Invoice Charges
TBD Commitment $100.00
- Amount Due - $100.00
Due and payable upon receipt.
For Remittance please refer to Invoice No. VA -7000
Please make checks payable to:
Land Title Guarantee Company
5975 Greenwood Plaza Blvd. Suite 125
Greenwood Village, CO 80111 -4701
First American Title Insurance Company
ALTA COMMITMENT
Our Order No. V50036338
Schedule A Cust. Ref.:
Property Address:
1250 WESTHAVEN CIRCLE AKA LOT 30 GLEN LYON SUB VAIL, CO 81657
1. Effective Date: May 29, 2013 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"TBD" Commitment $0.00
Proposed Insured:
A BUYER TO BE DETERMINED
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
JOHN FERGUSON AND VIOLET FERGUSON
5. The Land referred to in this Commitment is described as follows:
LOT 30, AMENDED PLAT OF GLEN LYON SUBDIVISION, ACCORDING TO THE AMENDED PLAT
THEREOF RECORDED JULY 18, 1978 IN BOOK 272 AT PAGE 370, COUNTY OF EAGLE, STATE
OF COLORADO.
ALTA COMMITMENT
Schedule B - Section 1
(Requirements) Our Order No. V50036338
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.
WARRANTY DEED FROM JOHN FERGUSON AND VIOLET FERGUSON TO A BUYER TO BE
DETERMINED CONVEYING SUBJECT PROPERTY.
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE
BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND /OR CHARGES
REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE
CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO.
ALTA COMMITMENT
Schedule B - Section 2
(Exceptions) Our Order No. V50036338
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons in possession of the Land.
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.
Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the Public Records.
Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records
or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record
for value the estate or interest or mortgage thereon covered by this Commitment.
Any and all unpaid taxes, assessments and unredeemed tax sales.
(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.
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 AUGUST 16, 1909, IN BOOK 48
AT PAGE 542.
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16,
1909, IN BOOK 48 AT PAGE 542 AND RECORDED OCTOBER 2, 1946 IN BOOK 132 AT
PAGE 405.
10. RESERVATION AS TO THE NORTHWEST 1/4 OF SECTION 12 TOWNSHIP 5 SOUTH, RANGE
81 WEST OF THE RIGHT OF WAY OF THE UNITED STATES, ITS PERMITTEE OR
LICENSEE, TO ENTER UPON, OCCUPY AND USE ANY PART OR ALL OF SAID LAND FOR
THE PURPOSES PROVIDED IN THE ACT OF JUNE 10, 1920 (41 SAT. 1063) AS
RESERVED IN THE PATENT RECORDED OCTOBER 2, 1946 IN BOOK 132 AT PAGE 405.
11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
ALTA COMMITMENT
Schedule B - Section 2
(Exceptions) Our Order No. V50036338
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
SET FORTH 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 APRIL 04, 1978, IN BOOK 268 AT PAGE 698 AND AS
AMENDED IN INSTRUMENT RECORDED AUGUST 25, 1987, IN BOOK 468 AT PAGE 447
THROUGH 472 AND AS RERECORDED IN INSTRUMENT RECORDED SEPTEMBER 15, 1987 IN
BOOK 469 AT PAGE 801, AND AS AMENDED IN INSTRUMENT RECORDED MAY 2, 1990 IN
BOOK 528 AT PAGE 154 AND AS AMENDED IN INSTRUMENT RECORDED MARCH 5, 2007
UNDER RECEPTION NO. 200705601.
12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE AMENDED PLAT OF GLEN LYON SUBDIVISION RECORDED JULY 18, 1978 IN BOOK
272 AT PAGE 370.
13. TERMS, CONDITIONS AND PROVISIONS OF APPLICATION FOR REVOCABLE PERMIT
RECORDED DECEMBER 06, 2002 AT RECEPTION NO. 816251.
14. TERMS, CONDITIONS AND PROVISIONS OF APPLICATION FOR REVOCABLE PERMIT
RECORDED JULY 11, 2003 AT RECEPTION NO. 840065.
15. TERMS, CONDITIONS AND PROVISIONS OF VARIANCE NOTICE RECORDED JUNE 17, 2003
AT RECEPTION NO. 837066.
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 glue listing each taxing jurisdiction s all 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 ma 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 Regulation 3 -5 -1, Section 7L 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 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 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 urposes of
construction on the land described in Schedule A of this Commitment within the past 6 months.
C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed
mechanics and material -men's hens.
D The Company must receive payment of the appropriate premium.
E If there has been construction, improvements or mayor repairs undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage
for unrecorded liens will include: disclosure of certain construction information; financial information
as to the seller, the builder and or the contractor; payment of the appropriate premium fully
executed Indemnity Agreements satisfactory to the company, and, any additional requirements
as may be necessary after an examination 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 ener in the property; and
B) That such mineral estate may include the right to enter and use the properf without tfie
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 defrau�ng or attempting to defraud the company.
Penalties may include imprisonment, fines, denial or insurance, and civil
damages. Any insurance company or agent of an insurance company who knowingly
provides false, incomplete, or misleading facts or information to a policyholder
or claimant for the purpose of defrauding or 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.
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.LTG.1
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (Company'J, for a valuable consideration, commits to issue its poky or policies of title insurance, as
identified it Schedule A, in favor of the Proposed Insured names in Schedule A, as owner or mortgage of the estate or interest in the land described or referred to in Schedule A,
upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A
by the Company.
All Gabigty and obligation under this Commitment shall cease and terminate soh (6) months after the Effective Date or when the poky or policies committed for shall issue,
whichever first occurs, provided that the failure to issue the poky or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF, First American Title Insurance Comparry has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A.
CONDITIONS
1. The tern mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, ken, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon
covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed
Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, Gen encumbrance, adverse claim or other
matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred
pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shag be only to the named proposed Insured and such parties included under the definition of the Insured in the form of poky or
policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions
shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount
stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions
from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this
Commitment except as expressly modified herein.
4. This Commitment is a contract to issued one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or
rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of
the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shag be arbitrated at the option of either
the Comparry or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules as www.afa.org
(XI'A.06
FIRST AMERICAN TITLE INSURANCE COMPANY
Dennis J. Giknore
President
AMERJCAN TITLE
ASSOCIATION
SSeccrreta Kemp
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