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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 U CV C LO T 0 E to Z C E c 0 N U Q Q 4) E m Z �a v m 0 m CV r O T O r L.L U i Q m O O O U 0 O T T r LU L ^L ^ c C C O CL �C (z O O LLI U U C', (d _O (d O U U 00 LO LO LO N I' O O O U 0 O T T r LU T T L Q q L c U) 2>.,I L U N O O O' •i, u N CL N Q CO T i O T LO I LL U Q - U 0 w w LU U O co � w LLI U z O U U CO Of Ix Z X O m H Q W f- CO T i O T LO I LL U Q - L C c CV I I CO) cl) a) N N N (a N W if ) :3 :3 I U C a) O -r- 0 U c) Q U Cl) C ca J L �O C (D E a) cr a) w E N d O O U. L 7 a F- O C) N cn _O �J J 0 0 M cn W cz c 0 rn .Q a` a Y C .Q Q C 0_ d w \w O U Z O 0 Z � o O 0 w cw H Q CD � U) cz (d N U W •ice m J O w F- Z O U Z O VJ O w U- 0 LU a H U a) (6 O O O) C E E cn N a) U C a) ca 0) C cu a) L a) cn a) L a) a) Q fa U co C L a) O �U a) a. cn a) cn ca a) F.l c�.n�.{ V .E .cz N C O Cn 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 ryry ` ` 4 k �- f. -.• §5 l� } 'g ^fig' ; 5 k � 4 oil K J j `t f , �'!•y BB ®r t �ry i i c Ny- oil c- Oslo, 0 vv 'p, if, Atli s t. }... � A i � i thS rt � 2 y ' a £%, L viP ` VXAf� j � s t. }... � A i sz f � 2 y ' a £%, s t. }... � A i