HomeMy WebLinkAboutADM130011
ADMINISTRATIVE ACTION FORM
Department of Community Development
75 South Frontage Road
Vail, CO 81657
tel: 970-479-2138 fax: 970-479-2452
web: www.vailgov.com
Project Name:STOCKTON REPLAT
Application Type:DupSubPl
ADM Number: ADM130011
Parcel: 2101-033-0100-2
Project Description:AMENDED FINAL PLAT TO REMOVE INTERIOR LOT LINES
Participants:
OWNER STOCKTON, TIMOTHE TYE & BRIE 06/27/2013
2470 BALD MOUNTAIN RD
VAIL, CO
81657
APPLICANT STOCKTON, TIMOTHE TYE & BRIE 06/27/2013
2470 BALD MOUNTAIN RD
VAIL, CO
81657
Project Address:2470 BALD MOUNTAIN RD VAILLocation:
Legal Description: Lot: 19 Block: 2 Subdivision: VAIL VILLAGE FILING 13
Comments:
BOARD/STAFF ACTION
Motion By: Action: STAFFAPR
Second By:
Vote: Date of Approval: 07/01/2013
Meeting Date:
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).
Planner:Jonathan Spence DRB Fee Paid: $100.00
Department of Community Development
0 75 South Frontage Road
TOWN OF Mt Vail, CO 81657
Tel: 970-479-2128
www.vailgov.com
Development Review Coordinator
Administrative Application
Duplex Subdivisions
General Information: The required approval for a duplex subdivision or resubdivision of an improved duplex lot and
structure will require town approval through the administrator, subject to review by other Town of Vail departments. No
duplex subdivision shall be approved unless the lots are improved with at least foundations for both units existing at the
time of submittal. Please see Section 13-8, Duplex Subdivisions, Vail Town Code for more detailed information. Vail
Town Code can be found on the Town's website at www.vailgov.com.
Fee: $100
Recording Fees: Please visit the Eagle County website
http://www.eaglecounty.us/Clerk/Recording/Record a Document/ for the most up-to-date recording
fees and check with your planner prior to submitting the payment. A check written out to the Eagle
County Clerk and Recorder is required to be submitted once the plat has been approved by the
Planning and Environmental Commission and prior to the recording of the plat.
Description of the Request: Approval of Amended Final Plat of Lot 19,Block 2,Vail Village,Thirteenth Filing upon purchase of Unit 2 by the owner of Unit 1
Physical Address: 2470 Bald Mountain Road
Parcel Number: 2101-033-01-002 and 2101-033-01-003 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Property Owner: Timothe Tye Stockton and Brielle M Stockton(currently own Unit 1,purchasing Unit 2),Peter J Ventres(current owner Unit 2)
Mailing Address: Tye Stockton,292 E. Meadow Dr,Suite 101,Vail,CO 81657
970-471-2557
Owner's Signature:
Primary Contact/Owner Representative: reg Per s(attorney for Tye Stockton)
Mailing Address: 710 W Lionshead Cir.,Suite B,Vail,CO 81657
Phone: 970-306-7554
E-Mail: greg @gperkinslaw com Fax: 866-393-9835
For Office Use Only: Cash_ CC: Visa/MC Last 4 CC# Auth# Check# ILA LO
Fee Paid 1 O D,O O Received From (ZGL.�DQ\1 PC_ K 10 S LI C
Meeting Date: ADM No.: R m 13 Q 1
Planner: Project No: �,RS 13 -Q19 S
Zoning: Land Use
Location of the Proposal: Lot: Block: Subdivision: V R 1 L V I Lb ¢ Ft L t 13
II IN 2 fis 2M-0305
TOWN OF VAIL
Land Title Guarantee Company
CUSTOMER DISTRIBUTION
Land Tree
GUARANTEE COMPANY
W ww.L c C.C Or
Date: 06-25-2013 Our Order Number: VTF50036465
Property Address:
2470 BALD MOUNTAIN ROAD VAIL, CO 81657
I
If you have any inquiries or require further assistance,please contact one of the numbers below.-
For Closing Assistance: Closer's Assistant: For Title Assistance:
Kathryn Kuchler Charis Patterson Vail Title"VTF"Unit
0090 BENCHMARK RD#205 Phone:970-748-4784
PO BOX 3480 Fax: 866-358-6634 610 WEST LIONSHEAD CIRCLE#200
AVON,CO 81620 EMail: cpatterson @ltgc.com VAIL,CO 81657
Phone:970-748-4782 Phone:970-477-4522
Fax: 866-358-6634 Fax: 970-476-4534
EMail: kkuchler@Itgc.com EMail: eaglecountyrequests@Itgc.com
BLUE SKY MORTGAGE*TMX* LAND TITLE GUARANTEE COMPANY
PO BOX 1040 0090 BENCHMARK RD#205
100 W BEAVER CREEK BLVD#121 PO BOX 3480
VAIL,CO 81620 AVON,CO 81620
Attn: MARKA BRENNER Attn: Kathryn Kuchler
Phone: 970-476-0602 Phone: 970-748-4782
Fax: 970-949-1192 Fax: 866-358-6634
Copies: 1 EMail:kkuchler @ltgc.com
EMail:title @blue-sky-mortgage.com
Sent Via EMail
GREGORY PERKINS LLC*TMX* LAND TITLE GUARANTEE COMPANY
710 W LIONSHEAD CIR#B 5975 GREENWOOD PLAZA BLVD
VAIL,CO 81657 GREENWOOD VILLAGE,CO 80111
Attn: GREG PERKINS Attn: ANDY STENMAN
Phone: 970-306-7554 Phone: 303-850-4137
Fax: 866-393-9835 Fax: 303-393-7837
EMail:greg @gperkinslaw.com EMail:astenman @ltgc.com
Sent Via EMail Sent Via Entail
Pq Land Title Guarantee Company
Date: 06-25-2013
Land Tale Our Order Number: VTF50036465
GUARANTEE COMPANY
W—LT GC.cow
Property Address:
2470 BALD MOUNTAIN ROAD VAIL, CO 81657
Owner:
TIMOTHE TYE STOCKTON AND BRIELLE M. STOCKTON
Wire Information:
Bank:FIRSTBANK OF COLORADO
10403 W COLFAX AVENUE
LAKEWOOD, CO 80215
Phone:303-237-5000
Credit.LAND TITLE GUARANTEE COMPANY
ABA No.: 107005047
Account:2160521825
Attention:Kathryn Kuchler
Need a map or 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 Loan Policy 06-17-06 (Const. Loan) $2,324.00
Deletion of Exceptions 1-3 (Lender) $60.00
Deletion of General Exception 4 (Lender) $15.00
Endorsement Alta 9 (Lender) $505.00
Endorsement Alta 8.1-06 (Lender) $50.00
Endorsement Alta 5-06 (115.2-06) (Lender) $505.00
Endorsement 110.5-06 (Lender) $930.00
Endorsement 101.2-06 (Lender) $2,600.00
Tax Certificate R009144 &R009144 $50.00
TOTAL $7,039.00
Foy CoN ACT.L (8/2003) THANK YOU FOR YOUR ORDER!
First American Title Insurance Company
ALTA COMMITMENT
Our Order No. VTF50036465
Schedule A Cust. Ref.:
Property Address:
2470 BALD MOUNTAIN ROAD VAIL, CO 81657
1. Effective Date: June 17, 2013 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"ALTA" Loan Policy 06-17-06 $2,350,000.00
Proposed Insured:
BLUE SKY MORTAGE LLC, ITS SUCCESSORS AND/OR ASSIGNS
3. The estate or interest in the Land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
TIMOTHE TYE STOCKTON AND BRIELLE M. STOCKTON
5. The Land referred to in this Commitment is described as follows:
NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND IS SUBJECT TO CHANGE
UPON COMPLIANCE WITH THE REQUIREMENTS UNDER SCHEDULE B-1, HEREIN.
LOT 19, BLOCK 2, VAIL VILLAGE, THIRTEENTH FILING, ACCORDING TO THE PLAT THEREOF
RECORDED NOVEMBER 10, 1972 IN BOOK 226 AT PAGE 145, COUNTY OF EAGLE, STATE OF
COLORADO.
ALTA COMMITMENT
Schedule B - Section 1
(Requirements) Our Order No. VTF50036465
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
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Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to-wit:
Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due
and payable.
Item (d) Additional requirements, if any disclosed below:
1. IF A FORM 101 ENDORSEMENT IS TO BE ATTACHED TO THE ALTA LOAN POLICY,
COPIES OF THE FOLLOWING DOCUMENTATION MUST BE FURNISHED TO LAND TITLE
GUARANTEE COMPANY AT LEAST 3 BUSINESS DAYS PRIOR TO CLOSING:
NOTE: EMAIL THE GENERAL CONTRACTOR'S CONTACT INFORMATION, INCLUDING THEIR
EMAIL ADDRESS, TO ANDY STENMAN AT ASTENMAN @LTGC.COM AS SOON AS THAT
INFORMATION BECOMES AVAILABLE.
A. THE LOAN APPLICATION OR FINANCIAL STATEMENTS FOR THE BORROWER AND EACH
GUARANTOR OF THE LOAN.
B. THE "AS PROPOSED" APPRAISAL.
C. THE CONSTRUCTION BUDGET (COST BREAKDOWN).
D. EXECUTION OF THIS COMPANY'S DISBURSING/INDEMNITY AGREEMENT BY THE
BORROWER(S), GUARANTOR(S) OF THE LOAN, IF ANY, AND THE LENDER.
NOTE: ADDITIONAL REQUIREMENTS MAY BE MADE AFTER RECEIPT AND REVIEW OF THE
ABOVE INFORMATION. ANY QUESTIONS REGARDING THIS REQUIREMENT SHOULD BE
REFERRED TO ANDY STENMAN (303)850-4137 AT LAND TITLE GUARANTEE COMPANY.
THE ISSUANCE OF THE FORM 101 ENDORSEMENT IS SUBJECT TO THE APPROVAL OF THE
UNDERWRITER OF THE POLICY TO BE ISSUED.
2. VACATION OF TOWNHOUSE DECLARATION FOR CLUSTER ONE DUPLEX RECORDED MAY 20,
1975 IN BOOK 239 AT PAGE 944 AND AS AMENDED IN INSTRUMENT RECORDED
NOVEMBER 1, 1977 IN BOOK 261 AT PAGE 895.
3. VACATION OF THE TOWNHOUSE MAP FOR CLUSTER ONE DUPLEX RECORDED MAY 20, 1975
IN BOOK 239 AT PAGE 943.
ALTA COMMITMENT
Schedule B-Section 1
(Requirements) Our Order No. VTF50036465
Continued:
4. RELEASE OF DEED OF TRUST DATED APRIL 26, 2004 FROM TIMOTHE TYE STOCKTON AND
BRIELLE M. STOCKTON TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF
MAVERICK LENDING NETWORK TO SECURE THE SUM OF$320,000.00 RECORDED MAY 04,
2004, UNDER RECEPTION NO. 876163.
5. RELEASE OF DEED OF TRUST DATED OCTOBER 21, 2005 FROM TIMOTHE TYE STOCKTON
AND BRIELLE M. STOCKTON TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE
OF AMERICA'S MORTGAGE LLC TO SECURE THE SUM OF$110,000.00 RECORDED
OCTOBER 28, 2005,UNDER RECEPTION NO. 934862.
SAID DEED OF TRUST WAS ASSIGNED TO WELLS FARGO BANK, N.A. IN ASSIGNMENT
RECORDED DECEMBER 09, 2005 UNDER RECEPTION NO. 939717.
6. RELEASE OF DEED OF TRUST DATED APRIL 22, 2004 FROM PETER J. VENTRES TO THE
PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF FIRSTBANK OF VAIL TO SECURE
THE SUM OF$83,221.58 RECORDED APRIL 28, 2004, UNDER RECEPTION NO. 875337.
7. WARRANTY DEED FROM PETER J.VENTRES TO TIMOTHE TYE STOCKTON AND BRIELLE M.
STOCKTON CONVEYING SUBJECT PROPERTY.
NOTE:THIS REQUIREMENT IS NECESSARY TO CONVEY PORTION OF LOT 19, BLOCK 2
VAIL VILLAGE 13TH FILING NOT OWNED BY TIMOTHE TYE STOCKTON AND BRIELLE M.
STOCKTON.
8. DEED OF TRUST FROM TIMOTHE TYE STOCKTON AND BRIELLE M. STOCKTON TO THE
PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF BLUE SKY MORTAGE LLC TO
SECURE THE SUM OF$2,350,000.00.
UPON THE EXECUTION OF THIS COMPANY'S DISBURSINGANDEMNITY AGREEMENT BY THE
BORROWER(S), GUARANTOR(S) OF THE LOAN, IF ANY, AND THE CONTRACTOR, IF
APPLICABLE, THE FOLLOWING WILL BE ADDED TO ITEM 4, SCHEDULE B-1 BY
ENDORSEMENT 101 TO THE POLICY TO BE ISSUED:
"EXCEPT TO THE EXTENT THAT SUCH LIENS ARISE BECAUSE OF WORK AND LABOR
PERFORMED OR MATERIALS FURNISHED AND FOR WHICH PAYMENT HAS BEEN MADE WITH
FUNDS DISBURSED BY THE COMPANY OR BY THE LENDER WITH THE COMPANY'S
APPROVAL."
ALTA COMMITMENT
Schedule B-Section 1
(Requirements) Our Order No. VTF50036465
Continued:
NOTE: ENDORSEMENTS WILL BE ISSUED UPON SATISFACTION OF ALL REQUIREMENTS.
NOTE: THE ISSUANCE OF THE POLICIES AND/OR ENDORSEMENTS REFERENCED IN THIS
COMMITMENT ARE SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF SAID POLICIES
AND/OR ENDORSEMENTS.THIS COMMITMENT MAY BE REVISED AS REQUIRED BY THE
UNDERWRITER TO ISSUE THE POLICIES AND/OR ENDORSEMENTS REQUESTED.THIS NOTE
WILL BE DELETED UPON THE RECEIPT OF SAID APPROVAL.
ALTA COMMITMENT
Schedule B-Section 2
(Exceptions) Our Order No. VTF50036465
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records
or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record
for value the estate or interest or mortgage thereon covered by this Commitment.
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6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c)water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by
the Public Records.
8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED MAY 06, 1905, IN BOOK 48 AT
PAGE 509.
9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 06, 1905,
IN BOOK 48 AT PAGE 509.
10. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON
RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL
STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF
INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE
EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW,
AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 10, 1972, IN BOOK 226 AT PAGE
146 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 21, 1978, IN BOOK 275
AT PAGE 628.
11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
ALTA COMMITMENT
Schedule B-Section 2
(Exceptions) Our Order No. VTF50036465
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:
THE RECORDED PLAT OF VAIL VILLAGE 13TH FILING RECORDED NOVEMBER 10, 1972
IN BOOK 226 AT PAGE 145.
12. TERMS, CONDITIONS AND PROVISIONS OF TOWNHOUSE DECLARATION FOR CLUSTER ONE
DUPLEX BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON
RACE, COLOR, RELIGION, SEX,SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL
STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN,ANCESTRY, OR SOURCE OF
INCOME,AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE
EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS
CONTAINED IN INSTRUMENT RECORDED MAY 20, 1975 IN BOOK 239 AT PAGE 944 AND
AS AMENDED IN INSTRUMENT RECORDED NOVEMBER 1, 1977 IN BOOK 261 AT PAGE
895.
13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE RECORDED TOWNHOUSE MAP FOR CLUSTER ONE DUPLEX RECORDED MAY 20, 1975 IN
BOOK 239 AT PAGE 943.
LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY-GRAND JUNCTION
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxingdistrict.
B) A Certificate of Taxes Uue listing each taxing jurisdiction-shall be obtained from the County
Treasurer or the Count Treasurer's authorized agent.
C) The information regarding special districts and the boundaries of such districts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom
margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that
does not conform, except that, the requirement for the top margin shall not apply to documents using forms
on which space is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulation 3-5-1, Section 7L requires that "Every,
title entity shall be responsible for all maters which appear of record prior to the time of recording
whenever the title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction w ich was closed". Provided that and Title Guarantee
Company conducts the closing of the insured transaction and is responsible for recording the
legal documents from the transaction, exception number 5 will not appear on the Owners Title
Policy and the Lenders Policy when issued.
Note:Affirmative mechanic's lien protection for the Owner may be available (typically by deletion
of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner s Policy to be
issued)upon compliance with the following conditions:
A) The land described in Schedule A of this commitment must be a single family residence which
includes a condominium or townhouse unit.
B) No labor or materials have been furnished by mechanics or material-men for urposes of
construction on the land described in Schedule A of this Commitment within the past 6 months.
C)The Company must receive an appropriate affidavit indemnifying the Company against un-filed
mechanics and material-men's liens.
D The Company must receive payment of the appropriate premium.
E If there has been construction, improvements or mayor repairs undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage
for unrecorded liens will include: disclosure of certain construction information; financial information
as to the seller,the builder and or the contractor;payment of the appropriate premium fully
executed Indemnity Agreements satisfactory to the company,and, any additional requirements
as may be necessary alter an examination oT the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured
has contracted for or agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument
exception, or exceptions, in Schedule B, Section 2.
A)That there is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party
holds some or all interest in oil,gas, other minerals, or geothermal energy in the property; and
B) That such mineral estate may include the right to enter and use the prope y without the
surface owner's permission.
Note: Pursuant to CRS 10-1-128(6)(a) It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defratuJ mg or attempting to defraud the company.
Penalties may include imprisonment,fines, denial or insurance, and civil
damages.Any insurance company or agent of an insurance company who knowingly
provides false, incomplete,or misleading facts or information to a policyholder
or claimant for the purpose of defrauding or attempting to defraud he policyholder
or claimant with regard to a settlement or award payable from insurance proceeds
shall be reported to the Colorado division of insurance within the department
of regulatory agencies.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages
referred to herein unless the above conditions are fully satis red.
DISCLOSURE 02/2011
First American Title Insurance Company
PRIVACY POLICY
We are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future,we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information-
particularly any personal or financial information. We agree that you have a right to know how we will utilize
the personal information you provide to us. Therefore, together with our parent company, the First American
Corporation,we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner
in which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair
Information Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing,the types of nonpublic personal information
that we may collect include:
*Information we receive from you on applications, forms and in other communications to us,
whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
•Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore,we will not release your information to nonaffiliated parties except: (1)as
necessary for us to provide the product or service you have requested to us; or(2)as permitted by law. We
may, however, store such information indefinitely, including the period after which any customer relationship
has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis.We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies.
Furthermore,we may also provide all the information we collect, as described above, to companies that
perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions
with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We
restrict access to nonpublic personal information about you to those individuals and entities who need to know
that information to provide products or services to you.We will use our best efforts to train and oversee our
employees and agents to ensure that your information will be handled respnsibly and in accordance with this
Privacy Policy and First American's Fair Information values. We currently maintain physical,electronic, and
procedural safeguards that comply with referral regulations to guard your nonpublic personal information.
WEBSITE
Information on the calculation of premiums and other title related charges are listed at First American's
website:www.firstam.com
NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY, INC.,A COLORADO CORPORATION
AND
MERIDIAN LAND TITLE, L.L.C.,A COLORADO LIMITED LIABLITY COMPANY, DB/A
LAND TITLE GUARANTEE COMPANY-GRAND JUNCTION
This Statement is provided to you as a customer of Land Title Guarantee Company,a Colorado corporation and
Meridian Land Title, LLC,d/b/a Land Title Guarantee Company-Grand Junction.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal
and state privacy laws. Information security is one of our highest priorities.We recognize that maintaining your
trust and confidence is the bedrock of our business. We maintain and regularly review internal and external
safeguards against unauthorized access to non-public personal information("Personal Information").
In the course of our business,we may collect Personal Information about you from:
• applications or other forms we receive from you, including communications sent through TMX, our
web-based transaction management system;
• your transactions with, or from the services being performed by, us, our affiliates, or others;
• a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
• the public records maintained by governmental entities that we either obtain directly from those entities,
or from our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as
follows:
• We restrict access to all Personal Information about you to those employees who need to know that
information in order to provide products and services to you.
• We maintain physical, electronic and procedural safeguards that comply with federal standards to
protect your Personal Information from unauthorized access or intrusion.
• Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary
action.
• We regularly access security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be
disclosed. We may disclose your Personal Information when you direct or give us permission; when we are
required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or
criminal activities.We also may disclose your Personal Information when otherwise permitted by applicable
privacy laws such as, for example,when disclosure is needed to enforce our rights arising out of any agreement,
transaction or relationship with you.
Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our
privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
Forin PRIV.POL.LTG.1
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
FIRST AMERICAN TITLE INSURANCE COMPANY,a California corporation("Company"),for a valuable consideration,commits to issue its policy or policies of title insurance,as
identified in Schedule A,in favor of the Proposed Insured names in Schedule A,as owner or mortgage of the estate or interest in the land described or referred to in Schedule A,
upon payment of the premiums and charges and compliance with the Requirements;all subject to the provisions of Schedules A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A
by the Company.
All liability and obligation under this Commitment shall cease and terminate six(6)months after the Effective Date or when the policy or policies committed for shall issue,
whichever first occurs,provided that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF,First American Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A.
CONDITIONS
1.The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument.
2.If the proposed Insured has or acquired actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon
covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge.If the proposed
Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect,lien encumbrance,adverse claim or other
matter,the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred
pursuant to paragraph 3 of these Conditions and Stipulations.
3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of the Insured in the form of policy or
policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions
shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment.In no event shall such liability exceed the amount
stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions
from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this
Commitment except as expressly modified herein.
4.This Commitment is a contract to issued one or more title insurance policies and is not an abstract of title or a report of the condition of title.Any action or actions or
rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of
the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.
5.The policy to be issued contains an arbitration clause.All arbitrable matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated at the option of either
the Company or the Insured as the exclusive remedy of the parties.You may review a copy of the arbitration rules as www.alta.org
FIRST AMERICAN TITLE INSURANCE COMPANY
Issued by: IM
LAND TITLE GUARANTEE COMPANY
3033 EAST FIRST AVENUE
SUITE 600
PO BOX 5440 (80217) - -
DENVER, CO 80217 SEPTEMBEIR 24'
Dennis J.Gilmore
President
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` AMFRICAN
LAND TITLE
-- ASSOCIATION
A horized Offic r or Agent
Timoth Kemp
CC.FA.06 Secre11ry X4111
TM
TERMINATION OF PARTY WALL AGREEMENT
AND PARKING AND ACCESS EASEMENT
WHEREAS, Timothe Tye Stockton and Brielle M. Stockton are the owners of real property
commonly known as 2470 Bald Mountain Road#1, Vail, Colorado, 81657 and legally described
on Exhibit A, attached hereto and incorporated herein("Unit I");
WHEREAS Timothe Tye Stockton and Brielle M. Stockton are the owners of real property
commonly known as 2470 Bald Mountain Road#2, Vail, Colorado, 81657 egally described
on Exhibit B, attached hereto and incorporated herein ("Unit 2"); it and Unit 2 are
collectively referred to herein as the "Property");
WHEREAS, on May 20, 1975, a certain Townhouse Declar for r One Duplex
affecting the Property was recorded in Book 239 at Page 94 h Office o a le County
Clerk and Recorder, and on November 1, 1977, an Amen ownhouse Declar or Cluster
One Duplex, also affecting the Property, was recorded '�1 ook 2 Page 895 in t Office of the
Eagle County Clerk and Recorder (the declarationd"amen claration are collectively
referred to herein as the"Declaration");
WHEREAS, pursuant to the Declaration,th aration may b d by recorded instrument
signed by all record owners and first mortga Property;
WHEREAS, Timothe Tye Stockton and Brie M oc e the sole owners of Unit 1 and
there are no first mortgagees of it 1 and Ti e Tye ockton and Brielle M. Stockton are
the sole owners of Unit 2 and no first m agees of Unit 2;
WHEREAS, Timothe T ckton rielle tockton, as the owners of Unit 1 and Unit 2
desire to terminate the Dec ' n•
WHEREAS, 0 1975, in Townhouse Map for Cluster One Duplex (the "Map")
was recorde oo t Page n the Office of the Eagle County Clerk and Recorder,
depictin Property;
WHEREAS, wners of it 1 and Unit 2 are currently in the process of abandoning those
interior lot line cted the Map as existing within Lot 19, including that line separating
"Unit No. 1" fro o. 2", those lines designating the "common area", and those lines
designating the "par and access easement", such that the Property shall be consolidated into
a single Lot 19, as s all be depicted on an Amended Final Plat Vail Village, Thirteenth Filing,
Lot 19, Block 2, Town of Vail, Colorado ("Amended Final Plat").
WHEREAS, in connection with the lot line abandonment, the owners of Unit 1 and Unit 2 wish
to terminate that parking and access easement depicted on the Map and remove that designation
of"common area"depicted on the Map; and
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WHEREAS, the owners of Unit 1 and Unit 2 desire that the real property records of Eagle
County, Colorado contain documentation stating that the parking and access easement depicted
on the Map has been terminated and that there shall be no area designated as "common area" on
the Property.
NOW, THEREFORE, Timothe Tye Stockton and Brielle M. Stockton, as the owners of Unit 1
and Unit 2, hereby declare as follows:
1. The Declaration is hereby terminated, revoked, and of no further force or effect on Unit
1, Unit 2, or any part of the Property.
2. That parking and access easement depicted on the Map is to d and of no force or
effect on Unit 1, Unit 2, or any part of the Property. S e nt shall no longer
burden or benefit any part of Unit 1, Unit 2, or any the f the Further, no
part of the Property shall be designated as"common
IN WITNESS WHEREOF, Timothe Tye Stockton Briiell,4W. Stockton, a owners of
Unit 1 and Unit 2, have executed this Termination W reement and Parking and
Access Easement this day of , 2013.
OWNER F IT 1
ye Stockton
Brielle M. Stockton
OWNERS OF UNIT 2
Timothe Tye Stockton
Brielle M. Stockton
STATE OF COL )
) ss.
County of )
The foregoing instrument was acknowledged before me this day of
, 2013,by Timothe Tye Stockton as an owner of Unit 1 and Unit 2.
Witness my hand and official seal.
My commission expires:
2
Notary Public
STATE OF COLORADO )
ss.
County of )
The foregoing instrument was acknowledged before me this day of
, 2013, by Brielle M. Stockton as an owner of Unit 1 and Unit 2.
Witness my hand and official seal.
My commission expires:
Notary Publi
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EXHIBIT A
LEGAL DESCRIPTION OF UNIT 1
A TRACT OF LAND LOCATED IN LOT 19, BLOCK 2,VAIL VILLAGE THIRTEENTH FILING,
ACCORDING TO THE RECORDED PLAT THEREOF,COUNTY OF EAGLE, STATE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 19; THENCE 47 D GREES 00
MINUTES WEST A DISTANCE OF 34.86 FEET TO THE TRUE POINT OF B ING; THENCE
SOUTH 63 DEGREES 50 MINUTES 39 SECONDS WEST A DISTANCE O 45 ET;THENCE
NORTH 26 DEGREES 09 MINUTES 21 SECONDS WEST A DISTANC .00 FEET; THENCE
NORTH 63 DEGREES 50 MINUTES 39 SECONDS EAST A DISTAN EET; THENCE
NORTH 26 DEGREES 09 MINUTES 21 SECONDS WEST A DISTA OF 3 ET;THENCE
NORTH 63 DEGREES 50 MINUTES 39 SECONDS EAST A DIS OF 28.4 ; THENCE
SOUTH 26 DEGREES 09 MINUTES 21 SECONDS EAST A D E OF 58.20 F THE
TRUE POINT OF BEGINNING.
TOGETHER WITH AN UNDIVIDED 1/2 INTEREST I A , BLOCK 2, VAIL
VILLAGE THIRTEENTH FILING,ACCORDING TO THE R ED PLAT THEREOF
EXCEPTING THEREFROM THE ABOVE DESCRIBED PARC AND AND THE
FOLLOWING DESCRIBED PARCEL OF LA
A TRACT OF LAND LOCATED IN LOT 19, B CK L AGE THIRTEENTH FILING,
ACCORDING TO THE RECORDED PLAT THE OF F EAGLE, STATE OF
COLORADO, MORE PARTICULARLY DESCRI AS FO WS:
BEGINNING AT THE NOR ES RNER OF LOT 19, THENCE SOUTH 39 DEGREES
02 MINUTES 22 SECON AST A TANCE O .75 FEET TO THE TRUE POINT OF
BEGINNING; THENCE 63 D UTES 39 SECONDS EAST A DISTANCE OF
58.00 FEET;THENCE SOUT R NUTES 21 SECONDS EAST A DISTANCE OF
28.80 FEET;THENCE SOUTH REES 50 MINUTES 39 SECONDS WEST A DISTANCE OF
30.00 FEET; T TH 26 S 09 MINUTES 21 SECONDS EAST A DISTANCE OF
8.00 FEET; CE S 63 DE S 50 MINUTES 39 SECONDS WEST A DISTANCE OF
28.00 FEE HENCE NO 26 DE EES 09 MINUTES 21 SECONDS WEST A DISTANCE OF
36.80 F THE TRUE NT OF BEGINNING;
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II
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EXHIBIT B
LEGAL DESCRIPTION OF UNIT 2
A TRACT OF LAND LOCATED IN LOT 19, BLOCK 2,VAIL VILLAGE THIRTEENTH FILING,
ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 19, THENCE SO TH 39 DEGREES
02 MINUTES 22 SECONDS EAST A DISTANCE OF 57.75 FEET TO THE TR INT OF
BEGINNING;THENCE NORTH 63 DEGREES 50 MINUTES 39 SECOND ST DISTANCE OF
58.00 FEET; THENCE SOUTH 26 DEGREES 09 MINUTES 21 SECOND T A DISTANCE OF
28.80 FEET;THENCE SOUTH 63 DEGREES 50 MINUTES 39 SECO DISTANCE OF
30.00 FEET; THENCE SOUTH 26 DEGREES 09 MINUTES 21 SEC S EA ISTANCE OF
8.00 FEET;THENCE SOUTH 63 DEGREES 50 MINUTES 39 SE WEST ANCE OF
28.00 FEET;THENCE NORTH 26 DEGREES 09 MINUTES 2 DS WEST A CE OF
36.80 FEET TO THE TRUE POINT OF BEGINNING;
TOGETHER WITH AN UNDIVIDED 1/2 INTEREST I A , BLOCK 2, VAIL
VILLAGE THIRTEENTH FILING, ACCORDING TO THE R ED PLAT THEREOF
EXCEPTING THEREFROM THE ABOVE DESCRIBED PARC AND AND THE
FOLLOWING DESCRIBED PARCEL OF LA
A TRACT OF LAND LOCATED IN LOT 19, B CK L A E THIRTEENTH FILING,
ACCORDING TO THE RECORDED PLAT THE OF F EAGLE, STATE OF
COLORADO, MORE PARTICULARLY DESCRI AS FO WS:
BEGINNING AT THE SOU T AS NER OF OT 19;THENCE 47 DEGREES 00
MINUTES WEST A DIST E OF 3 FEET TO TRUE POINT OF BEGINNING; THENCE
SOUTH 63 DEGREES 5 ES EST A DISTANCE OF 36.45 FEET;THENCE
NORTH 26 DEGREES 09 M l S WEST A DISTANCE OF 28.00 FEET; THENCE
NORTH 63 DEGREES 50 MIN 9 SECONDS EAST A DISTANCE OF 8.00 FEET; THENCE
NORTH 26 DE INUT ONDS WEST A DISTANCE OF 30.20 FEET; THENCE
NORTH 63 REES UTES CONDS EAST A DISTANCE OF 28.45 FEET;THENCE
SOUTH GREES 09 TES 2 SECONDS EAST A DISTANCE OF 58.20 FEET TO THE
TRUE F BEGINN
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