HomeMy WebLinkAboutPRJ06-0321 PEC060060 � . �
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Planning and Environmentai Commisson
� � A�CTI4N FORM �
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1 Qepartment of Community Development
��111r/�r jr� ' 75 South F�ontage Road, Vail, Cotorado 81657
nir tn r tel: 970.479.2139 fax: 970.479.2452
COhwIJklrrOEVElOG'�IENr web: www.vailgov.com
Project Name: Minor Subdivision PEC Number: PEC060060
Project Description:
FINAL APPROVAL FOR A REQUEST FOR APPROVAL FOR A MINOR SUBDIVISION OF A PART OF �
TRACT'D'
Participants:
OWNER OGILBY,T. CHARLES - NEWTON,07/27/2006
FINZEL, KARL- ET AL
BOX 15635
COLORADO SPRINGS
CO 80935
APPLICANT BAILEY&PETERSON 07/27/2006 Phone: 476-0092
JAY PETERSON
108 S. FORNTAGE RD, STE 208
VAIL
CO 81657
� Project Address: 442 S FRONTAGE RD VAIL Location: 442 S. FRONTAGE RD
Legal Description: Lot: TrD Block: Subdivision: VAIL VILLAGE FILING 5
Parcel Number: 2101-082-2700-5
Comments: See condition in the file
BOARD/STAFF ACTION
Motion By: Kjesbo Action: APPROVED
Second By: Cleveland
Vote: 7-0-0 Date of Approval: 08/14/2006
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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: 300
PEC approval shall not be not become valid for 20 days following the date of
approvaL
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Planner: George Ruther PEC Fee Paid: $650.00 �
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Application for Review by the
� ,�� Planning and Environmental Commission
����� * Department of Community Development
75 South Frontage Road,Vail,Colorado 81657
te1:970.479.2139 fax:970.479.2452
web:www.vailgov.mm
General information:
All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a
building permit application. Please refer to the submittal requirements for the particular approval that is requested.
An application for Planning and Environmental Commission review cannot be aocepted until all required information
is received by the Community Development Departrnent. The project may also need to be reviewed by the Town
Counat and/or the Design Review Board.
Typ�bf Application and Fee:
� Rezoning . $1300 ❑ Conditional Use Permit $650
❑ Major Subdivision $1500 � Floodplain Modification $400
� Minor Subdivision $650 ❑ Minor Exterior Alteration $650
C� Exemption Plat $650 ❑ Major Exterior Aiteration $800
O Minor Amendment to an SDD $1000 ❑ Development Plan $1500
❑ New Special Development District $6000 ❑ Amendment to a Development Plan $250
❑ Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300
❑ Major Amendmerrt to an SDD $1250 ❑ Variance � $500
(no exteriormadificadons) ❑ Sign Variance $200
Description of the R uest: �
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Location of the Proposal: Lot: Block: Subdivision:�'✓�-�.o�� �-t'►- 5
Physical Address: �'�� c� � ��4��n� � ��
roel No.: Contact Eagle Co.�Ass�essor at 970-32�8640�parcel n�
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Zoning: -
Name(s)of Owner(s): '"'�,�.:.:r.-�;.� a� � �y
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Mailing Addres :
[ Phone: - �
owner(s)Signature(s):
Name of Applicant: �
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Mailin A ess: Q
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E-mail Address: .�,�� V A.� I . hl.e � Fax l � �o " U C9 Q �
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For�ffice U fy;.�: ..: t+�
� Fee Pa�d. �` eck No:. �� gy;
Meeling�DaCe �����°� �'"�� :PEC No.:�
Planner• Project No.•
F:k:dev\FORMS�PermitsU'Ianning�PEC\exemption�latdoc Page o 6 12-2&05
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TOWN OF VAIL, COLORADO Statement �''
*********************************s********************************************************** �
Statement Number: R060001090 Amount: $650.00 07/27/200609:56 AM
Payment Method: Check Init: JS
Notation: 7246/BAILEY &
PETERSON
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Permit No: PEC060060 Type: PEC -Exemption Plat
Parcel No: 2101-082-2700-5
Site Address: 442 S FRONTAGE RD VAIL
Location: 442 S. FRONTAGE RD
Total Fees: $650.00
This Payment: $650.00 Total ALL Pmts: $650.00
Balance: $0.00
********************************************************************************************
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
PV 00100003112500 PEC APPLICATION FEES 650.00
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� MEMORANDUM �
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TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: August 14, 2006
SUBJECT: A request for a final review of a minor subdivision, pursuant to Section 13-4-
2, Procedure, Vail Town Code, to allow for the resubdivision of Tract D, Vail
Village Fifth Filing, to create Lot 1, aresubdividion of Tract D, Vail Village Fifth
Filing, located at 442 South Frontage Road, and setting forth details in regard
thereto. (PEC06-0060)
Applicant: Lunar Vail, L.L.C., represented by Ron Byrne �:'
Planner: George Ruther
I. SUMMARY
The applicant, Lunar Vail L.L.C., represented by Ron Byrne, is requesting approval
of an application for a minor subdivision, pursuant to Section 13-4-2, Procedure, Vail
Town Code, to allow for the resubdivision of Tract D, Vail Village Fifth Filing, creating
Lot 1, a resubdivision of Tract D, Vail Village Fifth Filinq, located at 442 South
�ii Frontage Road,. Staff is recommending approval, with condition(s), of this
application, subject to the criteria and findings outlined in Section VIII of this
memorandum.
II. DESCRIPTION OF REQUEST
The applicant, Lunar Vail, L.L.C., is proposing a minor subdivision, pursuant to �
Section 13-4-2, Procedures, Vail Town Code, to facilitate the redevelopment of "'
Buildings C & D of the Apollo Park at Vail Association Condominiums. According to �
the proposed final plat submitted on behalf of Lunar Vail, L.L.C., the new lot (Lot 1)
will be 1.295 acres or 56,410.2 square feet in size. Tract D remains 1.2925 acres or
56,301.3 square feet in size. The newly proposed lot line follows an existing line `
drawn on the existing Apollo Park at Vail Association condominium map. �
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A vicinity map depicting the subject property has been attached for reference �
(Attachment A). The proposed final plat, entitled "Final Plat, Lot 1, a resubdivision of
Tract D, Vail Village Fifth Filinq," has also been attached for reference (Attachment
B).
III. BACKGROUND
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On November 4, 1965, the original plat of the Vail Village Fifth was approved by the =
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Eagle County Planning Commission establishing Tract D, Vail Village Fifth Filing. �
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� On September 5, 1978, a condominium map of the Apollo Park at Vail Association �
was recorded in the Eagle County Clerk and Recorder's Office. ;
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� On June 21, 2006, the Town of Vail Design Review Board approved a design review
application for the redevelopment of a portion of Tract D, Vail Village Fifth Filing. A
condition of the Board's approval requires the review and approval of a minor
subdivision application by the Town of Vail Planning & Environmental Commission.
In addition to demolishing the existing buildings on the site, the design approval
resolves a long-standing non-conforming structure issue that has plagued the Town
of Vail for nearly 20 years.
IV. ROLES OF REVIEWING BOARDS
Planning and Environmental Commission:
Action: The Planning and Environmental Commission is responsible for final
approval, approve with modifications, or disapprove the plat. Specifically the �
code states in Section 13-12-3C, Review and Action on Plat:
The planning and environmental commission shall review the plat and associated
materials and shall approve, approve with modifications or disapprove the plat within
finrenty one (21) days of the first public hearing on the exemption plat application or
the exemption plat application will be deemed approved. A longer time period for
rendering a decision may be granted subject to mutual agreement between the
planning and environmental commission and the applicant. The criteria for
reviewing the plat shall be as contained in section 13-3-4 of this title.
� V. APPLICABLE PLANNING DOCUMENTS
TITLE 13, VAIL TOWN CODE: SUBDIVISION REGULATIONS (partial)
13-2-2 DEFINITIONS
"Minor Subdivision:Any subdivision containing not more than four(4) lots
fronting on an existing street, not involving any new street or road or the
extension of municipal facilities and not adversely affecting the development
of the remainder of the parcel or adjoining property."
13-4-2: PROCEDURE: �
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The procedure for a minor subdivision shall be as follows:
A. Submission Of Proposal; Waiver Of Requirements: The subdivider shall
submit finro (2) copies of the proposal following fhe requirements for a final plat in
subsection 13-3-68 of this Title, with the provision that certain of these requirements
may be waived by fhe Administrator and/or the Planning and Environmental
Commission if determined not applicable to the project �
8. Public Hearing: The Administrator will schedule a public hearing before the �
Planning and Environmental Commission and follow notification requirements for �
� adjacent property owners and public notice for the hearing as found in subsection �
13-3-661 of this Title. �
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� C. Review And Action On Plat: The Planning and Environmental Commission
shall review the plat and associated materials and shall approve, approve with
modifications or disapprove the plat within finrentv one (21) davs of the first public
hearinp on the minor subdivision or the minor subdivision will be deemed approved.
A longer time period for rendering a decision may be granted subject to mutual
agreement between the Planning and Environmental Commission and subdivider.
D. Appeal:An appeal of the Planning and Environmental Commission's decision
by the Town Council shall follow procedures as outlined in Section 13-3-10 of this
Title. (Ord. 2(1983) § 1)
VI. SURROUNDING LAND USES AND ZONING
Land Use Zoninq
North: I-70 ROW N/A
East: Residential High Density Multiple Family Residential �
West: Residential High Density Multiple Family Residential
South: Town-owned stream tract Natural Area Preservation
VII. SITE ANALYSIS
Zoning: High Density Multiple Family Residential (HDMF)
Land Use Plan Designation: Vail Village Master Plan area
�r Current Land Use: Residential
Current Lot Size: 1.295 acres/56,410.2 sq.ft.
Development Standard Allowed Proposed
Lot Area: 10,000 sq. ft. 56,410.2 sq. ft.
Minimum Dimension: 80'X80' min. 162'X162' min.
Buildable Area: 12,500 sq. ft. 56,410.2 sq. ft.
Frontage: 30' min. 248.38' min.
VIII. APPLICATION CRITERIA AND FINDINGS
Minor Subdivision
A basic premise of subdivision regulations is that the minimum standards for the
creation of new Iots must be met. This subdivision will be reviewed under Title 13,
Subdivision Regulations, of the Town of Vail Code.
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1. The first set of criteria to be considered by the Planning and Environmental �,:
Commission for a Minor Subdivision application is:
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Lot Area: The minimum lot area for the High Density Multiple Family zone
� district is 10,000 square feet of buildable area. The proposed area of Lot 1 �
will be 1.295 acres or 56,410.2 square feet.
Frontaqe: The minimum frontage requirement for the High Density Multiple
Family zone district is 30 feet. The proposed frontage for Lot 1 will be
248.38 feet.
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Dimension: The minimum dimension of a lot in the High Density Multiple �
Family zone district is 80 feet by 80 feet. The minimum dimension of Lot 1
will be 162 feet by 162 feet.
2. The second set of review criteria to be considered with a minor subdivision
request is outlined in the Subdivision Regulations, 13-3-4, and is as follows:
"The burden of proof shall rest with the applicant to show that the �
application is in compliance with the intent and purposes of this
Chapter, the Zoning Ordinance and other pertinent regulations that
the Planning and Environmental Commission deems applicable....The
Planning and Environmental Commission shall review the application
and consider its appropriateness in regard to Town policies relating to
subdivision control, densities proposed, regulations, ordinances and
resolutions and other applicable documents, environmental integrity
and compatibility with the surrounding land uses and other applicable
documents, effects on the aesthetics of the Town."
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The purpose section of Title 13, Subdivision Regulations, is intended to ensure that
the subdivision is promoting the health, safety and welfare of the community. The "
subdivision purpose statement from 13-1-2 (C) are as follows �;
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1. To inform each subdivider of the standards and criteria by which �
development proposals will be evaluated and to provide information
as to the type and extent of improvements required."
Staff Response: The applicant was informed as to the standards and �
criteria by which the proposed plat and future development would be
evaluated. One purpose of subdivision regulations, and any development
control, is to establish basic ground rules which the staff, the PEC, the
applicant and the community can follow in the public review process.
Although this request does not involve the creation of a new subdivision it
does include the resubdivision of an existing tract of land, the minor
subdivision process is the appropriate process for the applicant to
resubdivide Tract D.
2. To provide for the subdivision of property in the future without conflict
with development on adjacent land."
Staff Response: The proposed minor subdivision does not make either
property, the remaining portion of Tract D or Lot 1, non-developable or non-
� conforming with regard to zoning requirements or development potential.
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� 3. To protect and conserve the value of land throughout the Municipality
and the value of buildings and improvements on the land.
Staff Response: The proposed minor subdivision will have no detrimental
affect on the value of land within the Town.
4. To ensure that subdivision of property is in compliance with the
Town's zoning ordinances, to achieve a harmonious, convenient, �
workable relationship among land uses, consistent with Town �
development objectives. �
Staff Response: Staff believes the proposed minor amendment will not
preclude a harmonious, convenient and workable relationship among land
uses consistent with municipal development objectives. No development
parameters identified in the High Density Multiple Family zone district are
affected by this plat.
5. To guide public and private policy and action in order to provide
adequate and efficient transportation, water, sewage, schools, parks,
playgrounds, recreation, and other public requirements and facilities
and generally to provide that public facilities will have sufficient
capacity to serve the proposed subdivision. �
Staff Response: The subdivision regulations are intended primarily to
address impacts of large-scale subdivisions of property, as opposed to this
�r particular proposal to amend this plat. Staff does not believe this proposal
will have any negative impacts on any of the above-listed public facilities.
6. To provide for accurate legal descriptions of newly subdivided land
and to establish reasonable and desirable construction design
standards and procedures.
Staff Response: The proposed minor subdivision will provide for accurate
legal descriptions for the two newly configured properties.
7. To prevent the pollution of air, streams and ponds, to assure
adequacy of drainage facilities, to safeguard the water table and to
encourage the wise use and management of natural resources
throughout the Town in order to preserve the integrity, stability, and
beauty of the community and the value of the land.
Staff Response: The proposed minor subdivision will have no negative
affect on the criteria listed above.
IX. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning & �,
Environmental Commission approves, with condition(s), the applicant's request for �,
a minor subdivision, pursuant to Section 13-4-2, Procedure, Vail Town Code, to allow �
� for the resubdivision of Tract D, Vail Village Fifth Filing, to create Lot 1, a
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� resubdivision of Tract D, Vail Villaae Fifth Filinq, located at 442 South Frontage
Road, and setting forth details in regard thereto. Staff's recommendation is based
upon the review of the criteria outlined in Section VIII of this memorandum and the
evidence and testimony presented, subject to the following finding:
"The burden of proof shall rest with the applicant to show that
the application is in compliance with the intent and purposes of
this Chapter, the Zoning Ordinance and other pertinent �
regulations that the Planning and Environmental Commission
deems applicable. Due consideration shall be given to the
recommendations made by public agencies, utility companies
and other agencies consulted under subsection 13-3-3C above.
The Planning and Environmental Commission shall review the
application and consider its appropriateness in regard to Town
policies relating to subdivision control, densities proposed,
regulations, ordinances and resolutions and other applicable
documents, environmental integrity and compatibility with the
surrounding land uses and other applicable documents, effects
on the aesthetics of the Town."
Should the Planning & Environmental Commission choose to approve
the minor subdivision request, staff recommends that the Commission
places the following condition(s) on the approval:
1. That the applicant submits an exhibit to the Eagle River Water
� and Sanitation District depicting the location of the relocated
30-foot wide water and sanitary sewer easement for final
review and approval prior to the issuance of a building permit �
for the construction of the Vail Mountain View project. Said
easement shall be recorded by the applicant at the Office of the
Eagle County Clerk and Recorder prior to the issuance of a
temporary certificate of occupancy for the Vail Mountain View
project.
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X. ATTACHMENTS
A. Vicinity Map
B. A reduced copy of the proposed Final Plat.
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� ,���,�.�� , THIS ITEM MA UBL C NOTIOER PROPERTY
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, on August 14, 2006, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final review of an amended final plat, pursuant to Chapter 13-12,
Exemption Plat Review Procedures, Vail Town Code, to allow for a combination of two
lots into a single lot, Lots 12 and 13, Bighorn Subdivision, located at 4024 Willow Way
and 4026 Lupine Drive, Bighorn Subdivision, and setting forth details in regard thereto.
(PEC06-0051)
Applicant: Trudy Thomas
Planner: Warren Campbell
A request for a recommendation to the Vail Town Council of an amendment to Chapter
5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, to further
identify opportunities for the future redevelopment of the Lion Square Lodge, located at
660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth
details in regard thereto. (PEC06-0056)
Applicant: Lion Square Lodge East, and Vail Resorts, represented by Chip Melick
Planner: Bill Gibson �
A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7,
Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and
the renovation of, the Lion Square Lodge East, located at 660 West Lionshead Place/Lot
1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto.
(PEC06-0041)
Applicant: Lion Square Lodge East, and Vail Resorts, represented by Bill Anderson
Planner: Bill Gibson
A request for a final review of a floodplain modification, pursuant to Chapter 146,
Grading Standards, Vail Town Code, to allow for grading within the Gore Creek 100-year
floodplain, to install public utilities, located on an unplatted parcel of land directly west of
West Forest Road (a more complete location description is available at the Town of Vail
Department of Community Development). (PEC06-0052)
Applicant: Eagle River Water and Sanitation District
Planner: Bill Gibson
A request for final review of a conditional use permit, pursuant to Section 12-8D-3,
Conditional Uses, Vail Town Code, to allow for the redevelopment of ski racing facilities, �
and a request for a final review of a minor amendment to the Golden Peak Ski Base �
Development Plan, pursuant to Section 12-8D-6, Development Plan Required, to allow
for an interior addition within the Children's Ski School building and the redevelopment of �
the race course finish building, located at 498 and 598 Vail Valley Drive/Tract B, Vail �
Village Filing 7, and setting forth details in regard thereto. (PEC06-0057 & 0058) �
Applicant: Vail Associates, Inc., represented by Jay Peterson �
Planner: Elisabeth Reed �.
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A request for a final review of a minor subdivision, pursuant to Section 13-4-2, ��F► ��
Procedure, Vail Town Code, to allow for the resubdivision of Tract D, Vail Village Fifth � �
Filing, creating two new lots, located at 442 South Frontage Road, and setting forth ��,� �
details in regard thereto. (PEC06-0060) V
Applicant: Lunar Vail, L.L.C., represented by Ron Byrne
Planner: George Ruther
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the site visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 970-479-2138 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call 970-479-2356, Telephone for the Hearing Impaired, for information.
Published July 28, 2006, in the Vail Daily.
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Tyrolean Inn Condominiums �'
C/O Ptarmigan Management �
Attn: Tom Saalfeld #
62 East Meadow Drive �
Vail, Colorado 81657 �
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Apollo Park Time Sharing �
Attn: Darrel Carr `
442 S. Frontage Rd. E. �
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606 South 9 St. �
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Grand Junction, Colorado 81502 �
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CUSTOMER DISTRIBUTION �'
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Date: 07-21-2006 Our Order Number: V50009134.1-3 �
Property Address: �
TRACT D, VAIL VILLAGE FIFTH FILING VAIL, CO 81657
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If you have any inquiries or require,further assistance, please contact one of the numbers below: �
For Closing Assistance: For Title Assistance: �
Karen Biggs Vail Title Dept. �
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108 S FRONTAGE RD W{t203 Roger Avila
PO BOX 357 108 S FRONTAGE RD W{t203 �'
VAIL, CO 81657 PO BOX 357 �
Phone: 970-477-4510 VAIL, CO 81657
Fax: 877-276-5044 Phone: 970-476-2251
EMail: kbiggsQltgc.com Fax: 970-476-4732
EMail: ravila�ltgc.com
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RON BYRNE&ASSOCIATES BAILEY AND PETERSON*TMX*
285 BRIDGE STREET 1660 LINCOLN ST#3175 `
PERSONAL AND CONFIDENTIAL DENVER, CO 80264 �;
VAIL, CO 81657 Attn: JAMES BAILEY �
Attn: RONALD BYRNE Phone: 303-837-1660 �
�hone: 970-476-1987 Fax: 303-837-0097 �
ax: 970-476-6747 EMail:bailey�b-p-law.com �
EMaiL• tthomas@ronbyrne.com Linked Commitment Delivery �
Sent Via EMail �,
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BALLARD SPAHR ANDREWS&INGERSOLL BALLARD SPAHR ANDREWS&INGERSOLL �`
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1225 17TH ST STE 2300 1225 17TH ST STE 2300 �
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DENVER, CO 80202 DENVER, CO 80202 �
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Attn: CHRIS PAYNE Attn: GWEN ALLEN #
Phone: 303-292-2400 Phone: 303-292-2400 ;;
Fax: 303-296-3956 Fax: 303-296-3956 �,
Sent Via Fax Sent Via Fax �`
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KARLHEINZ FINZEL MERRILL NEWTON
20 BROADMOOR AVENUE P.O. BOX 15635
COLORADO SPRINGS, CO 80906 805 S. CIRCLE DRIVE, 2B(UPS DEL) �
Phone: 719-475-2564 COLORADO SPRINGS, CO 80910
Sent Via US Postal Service Attn: 719-636-2523
Sent Via US Postal Service �
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land Title Guarantee Company �
CUSTOMER DISTRIBUTION �`
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GUARANTEE COMNANY �"
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Date: 07-21-2006 Our Order Number: V50009134.1-3 �`;
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Property Address: `
TRACT D, VAIL VILLAGE FIFTH FILING VAIL, CO 81657
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BRUCE WRIGHT HOGAN&HARTSON LLP �
EMail:bwrightC�fwflegal.com 1200 17TH ST Jt1500
Linked Commitment Delivery DENVER,CO 80202-5840 �
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Attn: MELISSA STERNFIELD(LENDER'S ATTY) �
Phone: 303-899-7300 �';
Fax: 303-899-7333
EMail: mrstern�eldQhhlaw.com �
Linked Commitment Delivery j,'
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BAILEY AND PETERSON �
1660 LINCOLN ST#3175
DENVER, CO 80264 fi
�Attn: JOHN LEHMANN �
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Phone: 303-837-1660 �
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Fax: 303-83'7-0097 �
EMaii: lehmann�b-p-law.com �
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Land Title Guarantee Company �
Date: 07-21-2006
nd Tlt�e Our Order Number: V50009134.1-3
GUARAN7EE COMIYANY
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Property Address: �
TRACT D, VAIL VILLAGE FIFTH FILING VAIL, CO 81657 `
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Buyer/Borrower: �j
LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY �
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Seller/Owner: �:
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KARL FINZEL, 1/6, T. CHARLES OGILBY, 1/3, PETER M. NEWTON, MARTIN J. NEWTON, �
DINAH NEWTON AND ULRIKE NEWTON MOORE (WHO TOOK TITLE AS ULRIKE MOORE NEWTON) �'
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Wire Information: �`
Bank:FIRSTBANK OF COLORADO �
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10403 W COLFAX AVENUE �
LAKEWOOD, CO 80215
Phone: 303-237-5000
Credit:LAND TITLE GUARANTEE COMPANY �.
ABA No.: 107005047 �
Account: 2160521825 �
Attention: Karen Biggs "
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Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com �'
for directions to any of our 54 office locations.
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ESTIMATE OF TITLE FEES �
ALTA Owners Policy 10-17-92 $2,325.00 �
ALTA Loan Policy 10-17-92 TBD �
Endorsement 116.4 (Lender) TBD �'
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,If Land Title Guarantee Company wi1Z be cloaing this trsnaset�on, above feea will be collected at that time. g
TOTAL $2,325.00 �
ron corrrarr os�o, THANK YOU FOR YOUR ORDER! �
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Chicago TiCle Insurance Company �
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ALTA COMMITMENT �
Our Order No. V50009134.1-3 �
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Schedule A Cust. Ref.: �'
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Property Address: �
TRACT D, VAIL VILLAGE FIFTH FILING VAIL, CO 81657 �`
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1. Effective Date: February O1, 2006 at 5:00 P.M. �`
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2. Policy to be Issued, and Proposed Insured: °
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"ALTA" Owner's Policy 10-17-92 $1,000,000.00 :
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Proposed Insured: �
LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY �
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"ALTA" Loan Policy 10-17-92 �
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3. The estate or interest in the land described or referred to in this Commitment and covered herein is: �
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A Fee Simple �
4. Title to the estate or interest covered herein is at the effective date hereof vested in: �
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KARL FINZEL, 1/6, T. CHARLES OGILBY, 1/3, PETER M. NEWTON, MARTIN J. NEWTON, '
DINAH NEWTON AND ULRIKE NEWTON MOORE (WHO TOOK TITLE AS ULRIKE MOORE NEWTON) �'
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5. The land referred to in this Commitment is described as follows: �
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SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION �
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Our Order No: V50009134.1-3 �'
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� LEGAL DESCRIPTION �
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A PORTION OF TRACT D, VAIL VILLAGE FIFTH FILING, DESCRIBED AS �
FOLLOWS: �-
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT D; THENCE NORTH 00 DEGREES 02 �
MINUTES 00 SECONDS WEST 325.19 FEET ALONG THE EASTERLY LINE OF SAID TRACT D TO �
A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY NO. 70; THENCE �''
ALONG SAID RIGHT OF WAY LINE NORTH 71 DEGREES 43 MINUTES 53 SECONDS WEST 125.32 �
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FEET; ``
THENCE SOUTH O1 DEGREES 28 MINUTES 07 SECONDS WEST 110.45 FEET; �
THENCE SOUTH 87 DEGREES 04 MINUTES 53 SECONDS WEST 35.53 FEET; �;
THENCE SOUTH 02 DEGREES 55 MINUTES 07 SECONDS EAST 35.53 FEET; p;
THENCE SOUTH 42 DEGREES 04 MINUTES 53 SECONDS WEST 133.46 FEET TO A POINT ON THE �
SOUTHWEST LINE OF TRACT D; THENCE ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID
TRACT D, SOUTH 47 DEGREES 55 MINUTES 07 SECONDS EAST 137.0 FEET; THENCE ALONG �
THE BOUNDARY LINE OF SAID TRACT D, SOUTH 79 DEGREES 46 MINUTES 00 SECONDS EAST �
145.78 FEET TO THE POINT OF BEGINNING, �=
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EXCEPTING THEREFROM ALL CONDOMINIUM UNITS IN BUILDINGS A AND B, APOLLO PARK AT
VAIL ACCORDING TO THE MAP THEREOF FILED FOR RECORD AND CONDOMINIUM DECLARATIONS �
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FOR APOLLO PARK AT VAIL. �;
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� Schedule B -Section 1 �
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(Requirements) Our Order No. V50009134.1-3 �;
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The following are the requirements to be complied with: �
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Item(a) Payment to or for the account of the grantors or mortgagars of the full consideration far 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: �
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Item(c)Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due �'
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Item(d) Additional requirements, if any disclosed below:
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1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND �`-
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PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. �
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2. SPECIAL WARRANTY DEED FROM THOSE PARTIES SHOWN IN ITEM 4 OF SCHEDULE A TO
LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT �
� PROPERTY. �
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THE FOLLOWING DELETIONS/MODIFICATIONS ARE FOR THE OWNER'S POLICY.
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NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED.
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UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN
AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS
FOLLOWS:
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ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE ,
LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF KARL �
FINZEL, 1/6, T. CHARLES OGILBY, 1/3, PETER M. NEWTON, MARTIN J. NEWTON, �
DINAH NEWTON AND ULRIKE NEWTON MOORE (WHO TOOK TITLE AS ULRIKE MOORE �
NEWTON).
CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS
ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF LUNAR VAIL, LLC,
A COLORADO LIMITED LIABILITY COMPANY.
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NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE
GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) �
AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. ;
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NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: ;
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Continued: �j.
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TAXES AND ASSESSMENTS FOR THE YEAR 2006 AND SUBSEQUENT YEARS. �
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ITEM 7 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND �
SEWER CHARGES ARE PAID UP TO DATE. �
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********** NOTICE OF FEE CHANGE, EFFECTIVE SEPTEMBER 1, 2002 ********** �
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Pursuant to Colorado Revised Statute 30-10-421, "The counry clerk and recorder shall collect a surcharge of$1.00 far �`
each document received for recording or filing in his or her office. The surcharge shall be in addition to any other �`
fees permitted by statute." �;
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Schedule B -Section 2 �
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(Exceptions) Our Order No. V50009134.1-3
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The policy or policies to be issued will contain exceptions to the following unless the same are disposed 4
of to the satisfaction of the Company: ��
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1. Rights or claims of parties in possession not shown by the public recards. �`
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2. Easements, or claims of easements, not shown by the public records. §
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3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and �
inspection of the premises would disclose and which are not shown by the public records. �;
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4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and �"
not shown by the public records. �
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5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or �;,
attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for �
value the estate or interest or mortgage thereon covered by this Commitment. �
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6. Taxes or special assessments which are not shown as existing liens by the public records. �
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7. Liens for unpaid water and sewer charges, if any. �:
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� In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. �
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9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES �
AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT �"
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PAGE 475. f'
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10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE �
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UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, f
IN BOOK 48 AT PAGE 475. �
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11. TERMS, CONDITIONS AND PROVISIONS OF GROUND LEASE RECORDED SEPTEMBER O5, �
1978 IN BOOK 274 AT PAGE 693 AND ASSIGNMENT THERETO RECORDED NOVEMBER 17, �
1978 IN BOOK 278 AT PAGE 682. �`,
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12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON �''
THE PLAT OF VAIL VILLAGE FIFTH FILING RECORDED 11 12, 1966 AT RECEPTION �
NO. 102538 AND THE RECORDED MAP OF APOLLO PARK AT VAIL.
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13. TERMS, CONDITIONS AND PROVISIONS OF SERVICE AGREEMENT RECORDED SEPTEMBER �;
20, 1978 IN BOOK 275 AT PAGE 599. �
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(Exceptions) Our Order No. V50009134.1-3 �
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: �;
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14. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, ;
BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR �
NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 15, 1965, IN �
BOOK 187 AT PAGE 353, AMENDMENT RECORDED AUGUST 27, 1984 IN BOOK 393 AT �:
PAGE 492, AMENDMENT RECORDED JANUARY 15, 1987 IN BOOK 455 AT PAGE 933, AND �
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AMENDMENT RECORDED AUGUST 2, 1989 IN BOOK 488 AT PAGE 378. �
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15. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION RECORDED SEPTEMBER O5, 1978 �;
IN BOOK 274 AT PAGE 696. �
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16. TERMS, CONDITIONS AND PROVISIONS OF CABLE TELEVISION EASEMENT RECORDED �-
JANUARY 08, 1997 AT RECEPTION NO. 611627. �:
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17. THE EFFECT OF PLANTERS, ROCK WALLS, STORAGE CLOSETS, DECK AND STAIRS WITHIN
�, 30' EASEMENT AS SHOWN ON SURVEY PREPARED BY EAGLE VALLEY SURVEYING, INC.,
DATED 8/16/O5, JOB #806.2. ""
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18. THE EFFECT OF WOOD TIE ALLS, ROCK WALL, FENCE, STAIRS, ELECTRIC �
TRANSFORMER, TRASH ENCLOSURE, ASPHALT AND PLANTERS NOT WTTHIN SUBJECT
PROPERTY AS SHOWN ON SURVEY PREPARED BY EAGLE VALLEY SURVEYING, INC., �
DATED 8/16/O5, JOB #806.2.
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19. THE EFFECT OF FENCE AND WOOD SHED WITHIN ACCESS EASEMENT AS SHOWN ON �
SURVEY PREPARED BY EAGLE VALLEY SURVEYING, INC., DATED 8/16/O5, JOB �
f�806.2. �
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20. THE EFFECT OF FENCE, STAIRS, ROCK WALL AND CONCRETE AND STONE PAN WITHIN �'
UTILITY EASEMENT AS SHOWN ON SURVEY PREPARED BY EAGLE VALLEY SURVEYING, �`
INC., DATED 8/16/O5, JOB t{806.2. ��
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21. CLAIMS OF RIGHT, TITLE AND/OR INTEREST IN THE PROPERTY BETWEEN THE EASTERLY �
AND NORTHERLY BOUNDARY LINE AND THE FENCE AS DEPICTED ON THE SURVEY f`
PREPARED BY EAGLE VALLEY SURVEYING, INC., JOB #806.2 WHETHER SAID CLAIMS
ARISE BY ABANDONMENT, ADVERSE POSSESSION OR OTHER MEANS. �
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LAND TITLE GUARANTEE COMPANY and MERIDIAN LAND TITLE, LLC �'
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� DISCLOSURE STATEMENTS �t
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Note: Pursuant to CRS 10-11-122, notice is hereby given that: �
A) The subject real property may be located in a special taxing district. �
B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the Counry �'
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Treasurer's authorized agent. �,
C) The infarmation regarding special districts and the boundaries of such districts may be obtained from �
the Board of County Commissioners, the County Clerk and Recorder, or the Counry Assessar. �:?'
�;
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. �
�
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Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every �
title entity shall be responsible for all matters which appear of record prior to the time of recording �
whenever the title entiry conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed". Provided that Land Title Guarantee �
Company conducts the closing of the insured transaction and is responsible for recording the �'
�
legal documents from the transaction, exception number 5 will not appear on the Owner's Title �,
Policy and the Lenders Policy when issued. a
�
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: h:
� A)The land described in Schedule A of this commitment must be a single family residence which �>
includes a condominium or townhouse unit. �
B) No labor or materials have been furnished by mechanics or material-men for purposes of �
construction on the land described in Schedule A of this Commitment within the past 6 months. �
C)The Company must receive an appropriate affidavit indemnifying the Company against un-filed �
mechanic's and material-men's liens. �
D) The Company must receive payment of the appropriate premium. �
E)If there has been construction, improvements or major 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 Indemniry Agreements satisfactory to the company, and, any additional requirements �
as may be necessary after an examination of the aforesaid information by the Company.
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No coverage will be given under any circumstances for labor or material far which the insured �:
has contracted for or agreed to pay. �`
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Note: Pursuant to CRS 10-11-123, notice is hereby given: �;'
This notice applies to owner's policy commitments containing a mineral severance instrument i:
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 parry =
holds some or all interest in oil, gas, other minerals, or geothermal energy in the properry; and £
B)That such mineral estate may include the right to enter and use the property without the �'
� surface owner's permission. �,
�
Nothing herein contained will be deemed to obligate the company to provide any of the coverages 4
referred to herein unless the above conditions are fully satisfied. �
Form DISCLOSURE 09/01/02 �
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JOINT NOTICE OF PRIVACY POLICY F
�
Fidelity National Financial Group of Companies/ Chicago Title Insurance Company ,
� Security Union Title Insurance Company and Land Title Guarantee Company �
and Meridian Land Title, LLC �
July 1, 2001 #
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We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and
state privacy laws. We believe that making you aware of how we use your non-public personal information("Personal �
Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public �
that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy �.
Statement from time to tune consistent with applicable privacy laws. �:
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In the course of our business, we may collect Personal Information about you from the following sources: �`
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* From applications or other forms we receive from you ar your authorized representative; �
* From your transactions with, or from the services being performed by, us, our affiliates, or others; �
* From our internet web sites; G
* From the public records maintained by governmental entities that we either obtain directly from those �
entities, or from our affiliates or others; and �
* From consumer or other reporting agencies. °`
Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information �
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We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized
access or intrusion. We limit access to the Personal Information only to those employees who need such access in �
connection with providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information �;
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real `
estate settlement service providers. We also may disclose your Personal Information: �
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* to agents, brokers or representatives to provide you with services you have requested;
* to third-parry contractors or service providers who provide services or perform markehng or other }
functions on our behalf; and
* to others with whom we enter into joint marketing agreements for products or services that we believe you �
may find of interest. �.
In addition, we will disclose your Personal Information when you direct or give us permission, when we are required
by law to do so, or when we suspect fraudulent or criminal actrvities. 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.
One of the important responsibilities of some of our affiliated companies is to record documents in the public
domain. Such documents may contain your Personal Information.
Ri ht to Access Your Personal Information and Abilit to Correct Errors Or Re uest Chan es Or Deletion �'
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Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out �
to whom your Personal Information has been disclosed. Also, certain states afford you the right to request �
correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to �;
charge a reasonable fee to cover the costs incurred in responding to such requests. �
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All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Company �
shall be in writing, and delivered to the following address: �
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Privacy Compliance Officer �`
Fidelity National Financial, Inc. �
4050 Calle Real, Suite 220
Santa Barbara, CA 93110 �
Multiple Products or Services ¢
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If we provide you with more than one financial�roduct or service, you may receive more than one privacy notice �
from us. We apologize for any inconvenience this may cause you. ;
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Form PRIV.POL.CHI
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Land Title Guarantee Company �
CUSTOMER DISTRIBUTION �_
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[;UARANTEE CUb1YANY
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Date: 07-21-2006 Our Order Number: VC50009134-11 �
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Property Address: �
TRACT D, VAIL VILLAGE FIFTH FILING VAIL, CO 81657 �'
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If you have any inquiries or require further assistance, please contact one of the numbers below: �
For Closing Assistance: For Title Assistance: �
Karen Biggs Vail Title Dept. �
108 S FRONTAGE RD W#203 Chris McElvany �{
PO BOX 357 108 S FRONTAGE RD W#�203
VAIL, CO 81657 PO BOX 357 �,
Phone: 970-477-4510 VAIL, CO 81657 �
Fax: 970-476-4732 Phone: 970-476-2251 �
EMail: kbiggs(�ltgc.com Fax: 970-476-4732 �
EMail: cmcelvany�ltgc.com
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WESTSTAR BANK T. CHARLES OGILBY �'
00015 BENCHMARK RD 12853 HIGHWAY 133 �`
PO BOX 3219 CARBONDALE, CO 81623
AVON, CO 81620 Phone: 970-963-3901
Attn: JILL MARTIN Copies: 1
�hone: 970-949-5995 Sent Via US Postal Service �
Fax: 970-949-5881 �!
Copies: 1 �
EMail:jmattin@weststarbank.com
Linked Commitment Delivery �
LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMP LAND TITLE GUARANTEE COMPANY
285 BRIDGE STREET 108 S FRONTAGE RD W 1/203 �`
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VAIL, CO 81657 PO BOX 357
Atm: RON BYRNE/TERESA THOMAS VAIL, CO 81657 �
Phone: 970-476-1987 Attn: Karen Biggs �
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EMail: rbyrneC�ronbyrne.com,kailchristensen�yahoo.c Phone: 970-476-2251 �
Linked Commitment Delivery Fax: 970-476-4534 �
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EMail: kbiggs@Itgacom �:
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BAILEY AND PETERSON*TMX* TONY �
1660 LINCOLN ST#3175 EMail: amryan@hhlaw.com q;
DENVER, CO 80264 Linked Commitment Delivery �
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Attn: JAMES BAILEY(SELLER'S ATTORNEY) ff
Phone: 303-837-1660 ;�
Fax: 303-837-0097 �'
EMail:bailey@b-p-law.com �
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nd Title �
ARANTEE COb1YANY
Date: 07-21-2006 Our Order Number: VC50009134-11 �
Property Address:
TRACT D, VAIL VILLAGE FIFTH FILING VAIL, CO 81657
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BALLARD SPAHR ANDREWS&INGERSOLL BALLARD SPAHR ANDREWS&INGERSOLL �'
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1225 17TH ST STE 2300 1225 17TH ST STE 2300 �'
DENVER,CO 80202 DENVER, CO 80202 �
Attn: CHRIS PAYNE Attn: GWEN ALLEN ?"
Phone: 303-292-2400 Phone: 303-292-2400 �'
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Fa�c: 303-296-3956 Fax: 303-296-3956 �`
Sent Via Fax Sent Via Fax �
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KARLHEINZ FINZEL MERRILL NEWTON �
20 BROADMOOR AVENUE P.O. BOX 15635
COLORADO SPRINGS,CO 80906 805 S. CIRCLE DRIVE, 2B(UPS DEL) �;.
�hone: 719-475-2564 COLORADO SPRINGS, CO 80910
ent Via US Postal Service Attn: 719-636-2523 �
Sent Via US Postal Service �
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BRUCE WRIGHT STAN HOGFELDT,P.L.S. �
EMail:bwrightQfwflegal.com EAGLE VALLEY SURVEYING,INC.,
Linked Commitment Delivery 41199 HWY 6&24 �
EAGLE-VAIL,CO 81620 �
Phone: 970-949-1406 �'
Fax: 970-845-9504 �;
Sent Via Fax �'
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Land Title Guarantee Company
CUSTOMER DISTRIBUTION �
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4l1TRANTEE COh1VANY
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Date: 07-21-2006 Our Order Number: VC50009134-11 �'
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TRACT D, VAIL VILLAGE FIFTH FILING VAIL, CO 81657 �,
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HOGAN&HARTSON LLP EAGLE VALLEY SURVEYING �,
1200 17TH ST#1500 PO BOX 1230 �;
DENVER, CO 80202-5840 EDWARDS, CO 81632 �
Attn: MELISSA STERNFIELD(LENDER'S ATTY) Attn: MIKE POST
Phone: 303-899-7300 Phone: 970-949-1406 �'
Fax: 303-899-7333 Fa�c: 970-845-9504
EMail: mrsternfield�hhlaw.com EMail: mikepost�evsurvey.com �
Linked Commitment Delivery Linked Commitment Delivery �
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BAILEY AND PETERSON �'
1660 LINCOLN ST�13175 ��
DENVER, CO 80264 �;
�ttn: JOHN LEHMANN �
hone: 303-837-1660 �
Fa�c: 303-837-0097 �'
EMail: lehmann�b-p-law.com �
Sent Via EMail
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Land Title Guarantee Company
Date: 07-21-2006
nd ��t�e Our Order Number: VC50009134-11
GUAR.INTEE COMYANY
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Property Address: �
TRACT D, VAIL VILLAGE FIFTH FILING VAIL, CO 81657 �
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Buyer/Borrower: �!
LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY �`
Seller/Owner: �;
KARL FINZEL, HELMA H. NEWTON, T. CHARLES OGILBY, MERRILL R. NEWTON, AND PETER M. �,
NEWTON, MARTIN J. NEWTON, DINAH NEWTON AND ULRIKE NEWTON MOORE �
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Wire Information: �
Bank: FIRSTBANK OF COLORADO ;,`.
10403 W COLFAX AVENi1E �'
LAKEWOOD, CO 80215 �
Phone: 303-237-5000 f�'
Credit:LAND TITLE GUARANTEE COMPANY �
ABA No.: 107005047 �'
Account:2160521825 �
Attention:Karen Biggs fi;
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Note: Once an original commitment has been issued, any subsequent �
modifications will be emphasized by underlining.
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Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com �'
for directions to any of our 54 office locations.
ESTIMATE OF TITLE FEES �`
ALTA Owners Policy 10-17-92 $14,526.00
ALTA Loan Policy 10-17-92 $1,440.00
Deletion of Exceptions 1-3 (Owner) $100.00
Deletion of General Exception 4 (Owner) $10.00
Deletion of Exceptions 1-3 (Lender) $100.00
Deletion of Exception 4 (Lender) $0.00 �i
Endorsement 103.7 (Lender) $100.DO �
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Endorsement 116 (Lender) $50.00 g
Endorsement 100 (Lender) $1,583.00 �;
Endorsement 123.2(Lender) $2,000.00 �;.
Endorsement 10030(Lender) $2,374.00 �;
Endorsement 103.1 (Lender) $100.00 �'
Endorsement 116.1 (Lender) $1,583.00 Y
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if Land Title Guarantee Company will be closing this traneactton, above feea wtll be collected at that t�me. `
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TOTAL $23,966.00
ron c«rracx oe�o� THANK YOU FOR YOUR ORDER!
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Chicago Title Insurance Company �
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ALTA COMMITMENT �
Our Order No. VC5000913411 �`
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Schedule A Cust. Ref.:
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Property Address:
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TRACT D, VAIL VILLAGE FIFTH FILING VAIL, CO 81657
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1. Effective Date: May 30, 2006 at 5:00 P.M. �
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2. Policy to be Issued, and Proposed Insured: �::
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"ALTA" Owner's Policy 10-17-92 $9,500,000.00 �
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Proposed Insured: �'
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LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY �`
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"ALTA" Loan Polic 10-17-92 �
y $10,500,000.00 �`
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Proposed Insured: g
WESTSTAR BANK, ITS SUCCESSORS AND/OR ASSIGNS �
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3. The estate or interest in the land described or referred to in this Commitment and covered herein is: �
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A Fee Simple �
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4. Title to the estate or interest covered herein is at the effective date hereof vested in:
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KARL FINZEL, HELMA H. NEWTON, T. CHARLES OGILBY, MERRILL R. NEWTON, AND PETER M. �'
NEWTON, MARTIN J. NEWTON, DINAH NEWTON AND ULRIKE NEWTON MOORE �'
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5. The land referred to in this Commitment is described as follows: �'
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SEE ATTACHED PAGE(S)FOR LEGAL DESCRIPTION �
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Our Order No: VC50009134-ll �
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LEGAL DESCRIPTION �
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TRACT D, VAIL VILLAGE FIFTH FILING, ACCORDING TO THE RECORDED PLAT THEREOF, �,
COUNTY OF EAGLE, STATE OF COLORADO;
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EXCEPTING THERFROM THAT PORTION AS CONVEYED TO THE COLORADO DEPARTMENT OF �'
HIGHWAYS PURSUANT TO RULE AND ORDER RECORDED JANUARY 5, 1971 IN BOOK 219 AT
PAGE 441 �
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ALSO EXCEPTING THEREFROM THAT PORTION OF TRACT D DESCRIBED AS FOLLOWS:
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BEGINNING AT_THE SOUTHEAST CORNER OF SAID TRACT D; THENCE NORTH 00 DEGREES 02 �`
MINUTES 00 SECONDS WEST 325.19 FEET ALONG THE EASTERLY LINE OF SAID TRACT D TO �'
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A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY NO. 70; THENCE �
ALONG SAID RIGHT OF WAY LINE NORTH 71 DEGREES 43 MINUTES 53 SECONDS WEST 125.32 �
FEET; �;
THENCE SOUTH O1 DEGREES 28 MINUTES 07 SECONDS WEST 110.45 FEET;
THENCE SOUTH 87 DEGREES 04 MINUTES 53 SECONDS WEST 35.53 FEET;
THENCE SOUTH 02 DEGREES 55 MINUTES 07 SECONDS EAST 35.53 FEET;
THENCE SOUTH 42 DEGREES 04 MINUTES 53 SECONDS WEST 133.46 FEET TO A POINT ON THE �
SOUTHWEST LINE OF TRACT D; THENCE ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID �
TRACT D, SOUTH 47 DEGREES 55 MINUTES 07 SECONDS EAST 137.0 FEET; THENCE ALONG
THE BOUNDARY LINE OF SAID TRACT D, SOUTH 79 DEGREES 46 MINUTES 00 SECONDS EAST
145.78 FEET TO THE POINT OF BEGINNING.
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(Requirements) Our Order No. VC50009134-11 �`
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The following are the requirements to be complied with: �
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Item(a)Payment to or for the account of the grantors or mortgagars of the full consideration for the estate or �j
interest to be insured. `
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Item(b) Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for recard, �"
to-wit: ���
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Item(c)Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due �
and payable.
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Item(d) Additional requirements, if any disclosed below: �
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L (ITEM INTENTIONALLY DELETED) �
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2. (ITEM INTENTIONALLY DELETED)
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4. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND �
PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 3;
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5. SPECIAL WARRANTY DEED FROM THOSE PARTIES SHOWN IN ITEM 4 OF SCHEDULE A TO �
LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT �
PROPERTY. �
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6. DEED OF TRUST FROM LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY TO �'
THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF WESTSTAR BANK TO SECURE �`
THE SUM OF $10,500,000.00. �
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THE FOLLOWING DELETIONS/MODIFICATIONS ARE FOR THE OWNER'S POLICY. �
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NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS WILL BE DELETED. �
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UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN �::
AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS �
FOLLOWS: �
� ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE
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Schedule B -Section 1 �
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(Requirements) Our Order No. VC50009134-11 �
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Continued: �
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LIENS RESULTING FROM WORK OR MATERIAL FURNISHED OTHER THAN AT THE REOUEST �''
OF LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY. �
4.
CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS �
ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF LUNAR VAIL, LLC, �
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A COLORADO LIMITED LIABILITY COMPANY. �
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NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE �'
GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) �'-
AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. �'
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NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: �
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TAXES AND ASSESSMENTS FOR THE YEAR 2005 AND SUBSEOUENT YEARS. �,
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ITEM 7 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND �
SEWER CHARGES ARE PAID UP TO DATE. P
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********** NOTICE OF FEE CHANGE, EFFECTIVE SEPTEMBER 1, 2002 ********** �
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Pursuant to Colorado Revised Statute 30-10-421, "The county clerk and recorder shall collect a surcharge of$1.00 for �
each document received for recording or filing in his or her office. The surcharge shall be in addition to any other �
fees permitted by statute."
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(Exceptions) Our Order No. VC50009134-ll �
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The policy or policies to be issued will contain exceptions to the following unless the same are disposed �
of to the satisfaction of the Company: �'
1. Rights or claims of parties in possession not shown by the public records.
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2. Easements, or claims of easements, not shown by the public records. �
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a conect survey and
inspection of the premises would disclose and which are not shown by the public records.
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4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and �
not shown by the public records. �
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5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for �
value the estate or interest or martgage thereon covered by this Commitment. '
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6. Taxes or special assessments which are not shown as existing liens by the public records.
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7. Liens for unpaid water and sewer charges, if any. �
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� In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. "
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9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE �
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES �
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AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT �
PAGE 475. �
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10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE �
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, �
IN BOOK 48 AT PAGE 475.
11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON �
THE PLAT OF VAIL VILLAGE FIFTH FILING RECORDED 11 12, 1966 AT RECEPTION �
NO. 102538. �
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12. (ITEM INTENTIONALLY DELETED) �
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13. TERMS, CONDITIONS AND PROVISIONS OF SERVICE AGREEMENT RECORDED SEPTEMBER �'
20, 1978 IN BOOK 275 AT PAGE 599. ���
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Schedule B -Section 2 �_
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(Exceptions) Our Order No. VC50009134-11 �'
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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: �
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15. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, #
BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR z;
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NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 15, 1965, IN �
BOOK 187 AT PAGE 353, AMENDMENT RECORDED AUGUST 27, 1984 IN BOOK 393 AT
PAGE 492, AMENDMENT RECORDED JANUARY 15, 1987 IN BOOK 455 AT PAGE 933, AND �
AMENDMENT RECORDED AUGUST 2, 1989 IN BOOK 488 AT PAGE 378. �
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16. (ITEM INTENTIONALLY DELETED) �
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17. TERMS, CONDITIONS AND PROVISIONS OF CABLE TELEVISION EASEMENT RECORDED �
JANUARY O8, 1997 AT RECEPTION NO. 611627.
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18. THE EFFECT OF DECK, STAIRS, PLANTERS AND BUILDING NOT WITHIN SUBJECT �
� PROPERTY AS SHOWN ON ALTA/ACSM LAND TITLE SURVEY PREPARED BY EAGLE VALLEY '
SURVEYING, INC., DATED 6/9/06, JOB #806.1. .
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19. THE EFFECT OF DECK, PLANTER, WOOD TIE WALL AND STAIRS ONTO 30' EASEMENT AS �
SHOWN ON ALTA/ACSM LAND TITLE SURVEY PREPARED BY EAGLE VALLEY SURVEYING, �
INC., DATED 6/9/06, JOB#1806.1. �;
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20. CLAIMS OF RIGHT, TITLE AND/OR INTEREST IN THE PROPERTY BETWEEN THE �`:
NORTHERLY BOUNDARY LINE AND THE FENCE AS DEPICTED ON THE SURVEY PREPARED �'
BY EAGLE VALLEY SURVEYING, INC., JOB #806.1 WHETHER SAID CLAIMS ARISE BY f'
ABANDONMENT, ADVERSE POSSESSION OR OTHER MEANS. �;
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LAND TITLE GUARANTEE COMPANY and MERIDIAN LAND TITLE, LLC
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� DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that: �
A) The subject real property may be located in a special taxing district.
B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the Counry �;
Treasurer's authorized agent. �:
C) The information regarding special districts and the boundaries of such districts may be obtained from �
the Board of Counry Commissioners, the County Clerk and Recorder, ar the County Assessor. �`
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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 r'
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 recarding or filing information at the top margin of the document. t
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every
title entity shall be responsible for all matters which appear of record prior to the time of recording f
whenever the title entiry conducts the closing and is responsible for recording or filing of legal �'
documents resulting from the transaction which was closed". Provided that Land Title Guarantee �
Company conducts the closing of the insured transaction and is responsible for recording the �
legal documents from the transaction, exception number 5 will not appear on the Owner's Title �
Policy and the Lenders Policy when issued. s
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Note: Affirmative mechanic's lien protection far the Owner may be available (typically by deletion �
of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be �
issued)upon compliance with the following conditions: �
� A)The land described in Schedule A of this commitment must be a single family residence which �,
includes a condominium or townhouse unit. �
B)No labor or materials have been furnished by mechanics or material-men for purposes of �'
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construction on the land described in Schedule A of this Commitment within the past 6 months. �
C)The Company must receive an appropriate affidavit indemnifying the Company against un-filed
mechanic's and material-men's liens. �
D)The Company must receive payment of the appropriate premium. �
E)If there has been construction, improvements or major repairs undertaken on the property to be purchased �
within six months prior to the Date of the Commitment, the requirements to obtain coverage �;
for unrecorded liens will include: disclosure of certain construction information; financial information �`
as to the seller, the builder and or the contractor; payment of the appropriate premium fully �,
executed Indemnity Agreements satisfactory to the company, and, any additional requirements �;
as may be necessary after an examination of the aforesaid information by the Company.
�
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No coverage will be given under any circumstances for labor or material for which the insured �,.
has contracted for ar agreed to pay. �'
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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 parry �
holds some ar all interest in oil, gas, other minerals, or geothermal energy in the property; and �
B)That such mineral estate may include the right to enter and use the property without the �
�
� surface owner's pernussion.
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. €
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Form DISCLOSURE 09/01/02 �
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JOINT NOTICE OF PRIVACY POLICY
Fidelity National Financial Group of Companies/ Chicago Title Insurance Company �`
Security Union Title Insurance Company and Land Title Guarantee Company �
and Meridian Land Title, LLC �
July 1, 2001
�,;
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We recognize and respect the privacy ex�ectations of today's consumers and the requirements of applicable federal and �
state privacy laws. We believe that makmg you aware of how we use your non-public personal information("Personal �
Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public �
that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy {;
Statement from time to time consistent with applicable privacy laws. �
�In the course of our business, we may collect Personal Information about you from the following sources: �
�
* From applications or other forms we receive from you or your authorized representative; �
* From your transactions with, or from the services being performed by, us, our affiliates, or others; a:
* From our intemet web sites; �
* From the public records maintained by governmental entities that we either obtain directly from those �
entities, or from our affiliates or others; and �
* From consumer or other reporting agencies. "
�
Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information
We maintain ph�ysical, electronic and procedural safeguards to protect your Personal Information from unauthorized
access or intrusion. We limit access to the Personal Information only to those employees who need such access in �
connection with providing products or services to you or for other legitimate busmess purposes. �`
Our Policies and Practices Regarding the Sharing of Your Personal Information �'
�
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real �
estate settlement service providers. We also may disclose your Personal Information:
* to agents, brokers or representatives to provide you with services you have requested;
* to third-party contractors or service providers who provide services or perform markehng or other �'
functions on our behalf; and �
* to others with whom we enter into joint marketing agreements for products or services that we believe you �
may find of interest.
In addition, we will disclose your Personal Information when you direct or give us permission, when we are required
by law to do so, or when we suspect fraudulent or criminal actrvities. 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. �:
One of the important responsibilities of some of our affiliated companies is to record documents in the public �
domain. Such documents may contain your Personal Information. �
�
Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion �
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out �'
to whom your Personal Information has been disclosed. Also= certain states afford you the right to request �
correction, amendment or deletion of your Personal Informahon. We reserve the right, where permitted by law, to �
charge a reasonable fee to cover the costs incurred in responding to such requests. �
;E
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All requests submitted to the Fideliry National Financial Group of Companies/Chicago Title Insurance Company �
shall be in writing, and delivered to the following address: �,
Privacy Compliance Officer r
Fidelity National Financial, Inc. �'
4050 Calle Real, Suite 220 �
Santa Barbara, CA 93110 �
�
Multiple Products or Services �
�
If we provide you with more than one financial product or service, you may receive more than one privacy notice �;
from us. We apologize for any inconvenience this may cause you.
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�Form PRIV.POL.CHI r
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� � EAGLE CWN1Y. CO ���
' TERK J 5lfI0NTON 2006169��
38B Pye� 5 12�21�22Ptl 06`r'�7'��'�006` �.
� REC� f26.00 OOC� f106.88
I IIIBI Ilili IIIII IIIII��I IIIN IIIII INII il�l Iill illlll IIII lil( �
FiIW for r�cord tM1e dey of ,A.D. , at o�cloek_M. RECORDER ����
Reception No. �;
BY DEPt7iY. ��:
SPECIAL WARRANTY DEED O
THIS DEED, Made on this day of June 13.2006 , b�twem �
KARL FINZEL,1/6,T.CHARLES OG[I,gy,1/;,pg'�'�M.NER'70N,MARTIN J.NEWTON,D1NAH NEWTON AND ULRIKE �?
NEWTON MOORE(WHO ALSO TOpK TITLS AS UI,RIKE MOORE NE9VTON),]/2 �
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of the Canty ot and State of COIARADp , Grantor(s), end ���.
LUNAR VAIL.LLC,A COLARADO L.�MITID LIABILrI'Y COMPANY �\�� � �
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whose legal address is : 2lLSBrid¢eStreet.. !��� ��..-..:
of the Canty of and State of COLORADO , of the Grantee(s>: ��
W�7'NESS, ihat the Grantor, for and in consideration of t�e sun of ( 51,000,000.00 � ���
rte One Million and 00/100 ar: DOI.I.ARS �;,.
the receipt and sufficienry of which ia l�ereby xknorledged, has granted, bergained, sold and conveyed, and by these
� presmts dces grant, bargain, sell, convey ard confiro uxo the Grentee(s), their heirs ard essigns forever, all the
reel property, topether with inprove�mts, if any, aituate, lying and being in the Canty of
�d� end State of Coloredo, deseribed as follows:
SEE EXHBiT"A"ATTACHED HERETO AND MADE A PART HEREOF §:
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elzo knaa�es street rxuber TRACT D,VA1L VILLAGE FIFIH F]LING VAIL CO 81657 �
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TOGETHER uith alt end si �
nguler snd hereditanents ard eppurtenances thereunto belorgirg, or in enywise appertaining
ard the raversion ard reversions, rareinder end reroirdera, rmts, issues and profits thereof; arW all the esta[e, riyht �'.
title interest, dain�and depiand rhatsoevar of the Grantor(s), eitber in lew or equity, of, in end to [he above bargained �:
prenSses, �ith the hereditanmts and appurtenanees;
TONAVEANDTOAOLD the satd prenises above bargained and deeeribed uith e ���
pp�utenences, unto the Grantee(s),
their heirs, successors ard assTg�s forever. The Grantor, for itself, its suceessorc and aecigns, does covenant,
end egree that it shall and will WARRANT AND FOREVER DEFEMO the above•bargained premisea in the quiet ard
peeceeble posaession of the Grantee(s), their heirs, successors arW essigns, against all and every person or persons ''�,'
clain�ing the whole or any part thereof, by, through or urder the Grentor(s).
EXCEPT GENERAL T,4XFS AND ASSFSSMENTS FOR THE YEAR 2006 AND SUBSEQUENT YEARS,AND SUB1ECi TO EASEMF,N7'S,
RESERVATIONS,RESTRICTIONS,COVQJANTS AND RIGHTS OF WAY OF RECORD,IF ANY
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IN WITNESS WHEREOF the Grantor(s) have exeeuted tAic deed on the dote set forth above. �
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aZONA7'pl{6 PAOi ASlAQldD BERERq �.
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County of � �-:
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The foregoing instrunent was acknowtedged before me on this day of lune73.2006 �,.
by A7TACHm HERETO '
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Xy cwmission expires ��'�
Nitness�y hard ard official seal. �tp`
NOtery PubliC C�
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Men�e and Address of Person Creating Mewty Created Lepal Description ( 38-35-106.5, C.R.S.) �.
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4fien Recorded Return to: LUNAR VAIL, LLC, A WLORADO LIMITED LUBIL[TY W!:
COMPANY
���Escrow/t V50009734.1 285 Bridge Street, , �4[1 ��
� Title�l V50009134.1 �
Toa JSJ OS/0I ePfC.lm.iLAM[ �f {3�if303}
SKLD LG 172 .20.29_20 EG 16927-2006. 001 �
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ADDRESS: 7RACl D, VAIL vruraa rrrre rzr.ixo , vuL, av esss�
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'1'he loregoing instruuent wae ackaowledged betore me on tAis day of .nm.is, aoos i'
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Witnee6 ry hand and aeal. "
My cowmieaion expires: � � 1 � �
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KAREN BIGGS Notazy 1 c �`
NOTARY PUBUC �'
STATE OF COLORADC �
My Cammission ExpitEi Apr.f 0,2070
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ADDRESS: auci n, vxra naa�nrrH ny�c, v�zy, m aiss�
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DS7LVI X1NfbIV BY IIDtRSLL R. NiR1GM ZA �:
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STATE OF COLORP.DO ) ���.
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COUNTY OF / �
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The foregoing instrument Nas acknowledged before me on this day of ,�. is, soot �
by I�tRILL R. I�iASIR!.�.4 A7Rq[ORY III lACT 2Yil Y�N. YfM1ON. �IRlSN J. 9iK1tlB1. DZHJW IiRM101f 1l7D OfRI7Q l�1DN lOCW= �
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Witness my hand and seal.
G/o�(o �
My comnission expires: �,
ROBERT KANDRA �
OTARY PUBLIC � , �`
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STATE OF COLORADO otary public `
�,�y Commissian Expires 11u8.10,2006 �.
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COUNlY OF v` / /�I'StJ ;se. {.:
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The foregoing iastrument wae ackuopledqed before se on this day of .mo.is, aoos �
by �uu rzaaa �,
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Witness my haad aad aeal. �;
D!y comaiaeioa expires: V�<� JG �
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pQBERT KANDRA �
NQTARY PUBLIC �
STATE OF COLORADO otary eubllc
►�IY��ssion ExpNes Aug.10.2006 �
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EXHIBIT A
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A POR7ION OP TRACT D, VAIL VZLLAGS PIPTH PILING, DSSCRIB� AS POLI,pyPS:
BECIHI�TING AT THY SOVT[i8)►ST CORNER OP S1�ID TRACt D� THEt�CE NORTH 00 DBGRSES 02
MINOTE3 00 38C011DS NEST 325.19 F�T AIANG THS S7ISTSRI,Y LINS OP SAID TRACT D TO
A POZNT ON THS SOOTSBRLY RIGHT OP 9IAY LINS OP INT6RST711'E HZGHN7IY N0. 7Q� THSNCE
ALONG SJ1ID R2GHT Ot NAY LINE NOR17i 71 DEGRSSS 43 DIINOTS3 53 SSCONDS 9PSST 125.32
PSST�
TEISNCS SODTH O1 D8GR8S8 26 MINVTSS 07 SBCONDS WBST 110.45 F88Ts
THBNCE SODTA 87 DEGREBS 04 MINOTES 53 SBCONDS W83T 35.53 PSST� �
THENCB SODTH 02 DEGRE6S 55 MINpTES 07 SECONDS S71ST 35.53 F88Tt
17�IC6 SOOTH 42 D8GR88S 04 ][INOTES 53 SBCONDS iPBST 133.46 PBET TO A POINT ON
TH8 SODTHNBST LINS OP TRACP D� TH�iCE AypNG T9g SODTHIPESTSRLY BOUNDARY LINE OP �
SAID TR]►CP D, SOUTH ;7 D$CREBS 55 ISINOTES 07 SSCOIIDS 8113T 137.0 lSSTi TBENCE �
ALONG T88 BOONDIIRY LINE OF S)1ID TR)1CT D, SODTH 79 DEGREES 46 MINOT83 00
SECOI�IDS EAST 145.78 F�T TO 17iE pplliT OF 88GINNING,
EXCBPTINC THSRBFROM ayi, CppppMll�� pynTS IN BQILDINGS A )1PID B. 71POLL0 YAR1C AT �
VAIL ACCORDING TO THE 1!!1p TgyRgO! PILED !OR RECORD AAID CpNDpMINiDM DECLAIUITIONS
POR APOLLO pJLRK AT VAIL. �
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Forn E%NIBl7A 01/1T/03 �,
v50009134.7 �
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SKLD LG 172 . 20. 29_ 20 EG 16927-2006. 005 �:
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`, EfiGLE COUNTY. C� "
TEPoC J'a1tI0NTON 2006�71/6926�+ �-
REC= f39�00 DOC�M 595'p0?0921� 06��f!2AAp
� '. ' . . .. ... . . . I IIIIII IIIII IIIII IIII,Ilnl III�IIIiI IIIII IIIII��II I�IIII IIII IIII �'
. ' .. .._ ..... _.... .. ...... . �,.
Filed for reeord the day of ,A.D. , a[ o�clock M. RECORDER �
Reeaptian No. BY DEPUTY. �:.
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WARRANTY DEED �
U �
THISDEED, Made on this day of Juae 15, 2006 y���M �
lU1RL PINZBL, SEIil71 H. NEKPpN. T. C$ARLES OGILBY. I�RRILL R. NBVfTpN. AND PBTER M. ;
NENTON. ?fARTIN J. NE9Y1'pN. DINAH NEWTpN 11UID IILRIlCE NLNTpp ESOORB �
whose legal address i¢ rMlklRMle 4PA�ittiR1 � � ��
of the Grentorfs), and . . ` €�'
LDN71X VHIL, LLC, A COIARADp L�SITSD LZl►HILITY COMP)INY 1 � g
�� ' / �
�hose legal addrese is :285 HAIDGB STREET VAIL CO 61657 f:
of tbe Grentee(s): • �.
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WITIYF.SS, TAat the Grantor(s), for and in consideration of the s�w of ( $9,500,000.00 )
•*' Niae Million Five Hundred Thousand and QO/100 *** DOLLARS �
the receipt and suffieiency of which is hereby ecknowledged, has granted, barpained, sold and eaweyed, ard by these �:
presents does grant, bar9ain, sell, eonvey end confire�nto tAe Grantee(s), his Aeirs and aseigns forever, atl the
re�al�perty, together uith iryrovements, if eny, situete, lyirg erd being in the County of s��
ud Sta[e of Colorado, described es followr. ��
LEGl1I. DESCRIPTZON ATTACHED ADIp DUR1CgD ]►ar g7[FI=HIT "A" AIID M�D$ A pAgT }�gOP AS IP FQLLY '
3ET PORTH HEREIN
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atso knam as street rxwber 442 PRODTPAGE ROAD EAST, V11IL, CO 81657 �'
TOGE1'HER with all ard sirgular and hereditar�ents and appirtmances thereto belonging, or in arryuise eppertainirg ���
erd the reversion snd reversions, re�uirder and rea�ainders, rmCS, issues erd profits tAereof; and all the estato, right �'�
� title interest, clsi�erd denand wAatscever of [he Grantor(s), either in leM or equity, of, in and to tAe above bargained ��.
pre�icee, with the hereditanents end appurtenences;
TO HAVS AIm TO FOLD the eeid pre�ises above bergsined and described with appurtenarces, unto the Grantee(s), �:
his heirs and essigns forever. The Grantor(s), for hiBelf, his heirs and personel representatives, does covenant, grant, ��-
- bargain, and a8ree to eM witb the Grantee(s), his heirs and assigns, that at the tine of the enaealing and detivery
''��of [hese presents, he is well seized of the preiqises above eomeyed, has good, sure, perfect, ebsolute arw! irxkfeesible ����
estete of inheritance, in law, in fee simpte, and has good ri¢�t, full power ard lawful autM1ority to grant, bargain,
sell srd corney tAe sae in oemer ard farni as sforesaid, arW that the smie sre free and elear fran all forner end other
9rants, bergsina, sales, liens, taxes, assecsnents, mcurbrances and restrictions of uhatever kird or nature soever,
II4PR'CENELV,TA7[6g A!ID A99E8�77'D l0![Sp6 7bHt 700f A/ID 9VL9EpOIDiI!&Ut9 A!m 9VHJiCT 7O Tg091 21'Af3 A9 9!T Mt77f ON
iSYIlZ7'•A�.11TilCNID Hfii10 A!ID ZNGVlPO1G7'ID 8dR3ZN.
The Grantor(s) shall ard uill WARRANT AID FOREYER DEFEIp the above bergained prdnises in the quiet erd peaceable
� possession of the Grantee(s), his heirs and acsignc, against all ard every peram or persans lawfully clainirg the whole
or any pert thereof. The singular rKwber shall include the plural, ard the plural the singular, and the use of any gader
shall be epplicable to ell genders.
IN WITNESS WHEREOF the Grantor(s> has execu[ed this deed on the date set forth above.
ssa ATew�a�8I0lAS9RE PAOl9 ���:....
� STATE OF � �
)ss. �
Ca�nty of �
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7he foregotrg instrurient was ackrowledged before ne on tAis day of June 15, 2006
by SE8 AITACFiED NOTARY ACRi091L8DG�NTS '
My crnmission expires ��
Wtness my hand antl official seaL ��
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Notary publie
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-� rowM V50009134 When Recorded Retum to: LUNAR VA1l, LLC, A WIORA�O LIMITED UAB]U7Y
�--[lcvM VC50009134 COMPANY ��
285 BpIDfE STREET, VAiI, CO 81657
Forn 443 07/08/02 CqM.4D 47ARRANTY DEED For Photographic Record �342qby�� �
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EXHIBIT A �
TRaCT D, Vl►ZL VILL71G6 lIPTS PILING, ACCORDING TO TSg RyCpgDID PLAT THEREOF, �
COIINTY OP E11GL8, STATE OP COLORADp� �
�
EXCEPTING THSFiFROM TAAT PORTION AS CONVEYED TO T!� COLpRA170 DSPARTMENT OP �
AIG89PAYS PIIRSQANT Tp AIILS AND ORDBR RBCORDED J)1NQARY 5, 1971 IN HOO1C 219 AT
PAGE 441
ALSO EXCEPTING TAEREPROM THAT PORT20N OT TR11CT D DBSCRIHBD ]1S FOLLOWSe
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HEGI2IDiING AT TH8 SOIITE�AgT CORNSR OP S71ID TIUIGT D� THENCE NORTH 00 DEGRBES 02 �`
MINOT65 00 SSCONDS iPP85T 325.19 F861' ALONG THE EASTBRLY LINE OF SAID TRACT D TO �
A POINT ON TNS SOUTHERLY RIGHT O! N�Y LINE OF INIBRSTATB HIGHiiAY N0, 70� THBNCB
AIANG S11ID RZGHT OF /PAY LINS NORTH 71 DECR88S 43 MINUTE9 53 SECONDS i1EST 125.32
PEET�
THENCE SO[TPH O1 DBGREES 28 D[INOTES 07 SBCONDS OPBST 120.45 PBLT� �
THENCB SODTH 87 D8GRE83 04 IiINOTES 53 SSCONDS WHST 35.53 FBBTj �
THENCE SODTH 02 DBGREE3 55 1[INOTE3 07 SECONDS B11ST 35.53 PSBTj
THENCS SOi1TH 42 D8aR8E3 04 ]LINPPES 53 SECOPIDS iQBST 133.46 FBST TO A POINT ON
THE SODTHNBST LIDiB OP TRACT D� TBENCE ALpNG Tg6 SOVIHNSSTSRLY BOIINDIIRY LINE OP �
SAID TRACT D, SODTA 47 DE6RSE3 55 MINOTES 07 SECOI�IDS E71&T 137.0 PEET� T9B,NCE
AIANG TE� BODNDARY LINE OP S11ID TRACT D, SOVTH 79 D8GR885 46 MINOTS3 00 �
SLCONDS SAST 145.98 PEBT TO TI� POINT Or BSGI2IIiTING. �,,
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forn EXHIBITA 01/17/03 VC50009734 �
SKLD LG 172 .20 .29. 20 EG 16926-2006. 002
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EXA�IT � Our Order No. VC50009134-11 ;:
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RIGHT OF PROPRIE'i'OR OF A VEIN OR LODE TO EX'fRACT AND REMOVE HIS ORE �'
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE �
PREMISES AS RESERVED TN UNITED STATES PATENT RECORDED IULY i l, 1899, �
IN BOOK 48 AT PAGE 475. �
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RIGHT OF WAY FOR DITCHES OR CANALS CONSfRUCTED BY THE AUTHORITY OF THE �
UNITED STATES AS RESERVED IN iJNITED STATES PATENT RECORDED JULY 11, �
1899,IN BOOK 48 AT PAGE 475.
�
EASEMENTS,CONDITIONS,COVENANTS,RESfRICTiONS,RESERVATIONS AND NOTES �
ON THE PLAT OF VAIL VILLAGE FIFTH FILING RECORDED i l 12,1966 AT ?
RECEPTION NO. 102538. �
(1TEM WTENTIONALLY DELETED) �
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7'ERMS,CONDITIONS AND PROVISIONS OF SERVICE AGREEMENT RECORDED
SEPTEMBER 20,1978 1N BOOK 275 AT PADE 599.
(ITEM INTENTIONALLY DELETED) '
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� RESTRICTIVE COVENANTS WHICH DO NOT CONTAIIV A FORFEITURE OR REVERTER
CLAUSE,BUT OMITTING RESTRICTIONS,IF AN+Y,BASED ON RACE,COLOR,
RELIGION,OR NATIONAL ORICIN,AS CONTAINED IN INSfRUMENT RECORDED
NOVEMBER 15, 1965,IN BOOK 187 AT PAGE 353,AMENDMENT RECORDED AUGUST
27,1984 IN BOOK 393 AT PAGE 492,AMENDMENT RECORDED JANUARY I5,1987
IN BOOK 455 AT PAGE 933,AND AMENDMENT RECORDED AUGUST 2,1989 IN
BOOK 488 AT PAGE 378. �
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(ITEM INTENTIONALLY DELETED) �
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TERMS,CONDITIONS AND PROVISIONS OF CABLE TELEVISION EASEMENT RECORDED
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January 08, 1997 AT RECEPTION NO.611627. �'
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THE EFFECT OF DECK,STAIRS,PLANTERS AND BUILDING NOT WITHIN SUBIEC7' 1r
PROPERTY AS SHOWN ON ALTAJACSM LAND T1TLE SURVEY PREPARED BY EAGLE
VALLEY SURVEYING,[NC.,DATED 6/9/06,JOB N806.1.
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THE EFFECT OF DECK,PLANTER,WOOD TIE WALL AND STAIRS ONTO 30' �
EASEMENT AS SHOWN ON ALTA/ACSM LAND T1TLE SURV&Y PREPARED BY EAGLE �(
VALLEY SURVEYING,INC.,DATED 6/9/06,JOB q806.L �
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CLAIMS OF R[GHT,TITLE AND/OR WTEREST IN THE PROPERTY BETWEEN THE
NORTHERLY BOUNDARY LINE AND THE FENC6 AS DEPICfED ON THE SURVEY
PREPARED BY EAGLE VALLEY SURVEYING,INC.,JOB p 806.1 WHETHER SAID 4
CLAIMS ARISE BY ABANDONMENT,ADVERSE POSSESSION OR OTHER MEANS.
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