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Home My WebLink AboutPEC130023 Project Name:CAREY ADDITION PEC Number: PEC130023 Project Description: VARIANCE FOR ENCROACHEMENT INTO SIDE SETBACK FOR SECOND STORY ADDITION OVER EXISTING GARAGE. ADDITION FOR OFFICE AND BATHROOM. LOCATION: EXISTING SECOND- STORY DECK. Participants: OWNER 2002 CAREY FAMILY TRUST, MIC 07/15/2013 6817 ELAINE WAY SAN DIEGO CA 92120-3932 APPLICANT 2002 CAREY FAMILY TRUST, MIC 07/15/2013 6817 ELAINE WAY SAN DIEGO CA 92120-3932 ARCHITECT PEEL/LANGENWALTER ARCHITECTS 07/15/2013 Phone: 970-476-4506 P.O. BOX 1202 VAIL CO 81658 License: C000001401 Project Address:2785 BALD MOUNTAIN RD VAIL Location: Legal Description:Lot: 3 Block: 1 Subdivision: VAIL VILLAGE FILING 13 Parcel Number:2101-034-0101-9 Comments:Please see below. BOARD/STAFF ACTION Motion By:Kurz Action: PLAN CK Second By:Rediker Vote:6-0 Date of Approval: 08/26/2013 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0013369 Approval of this variance is contingent upon the applicants obtaining Town of Vail design review approval for this proposal. Planner:Jonathan Spence PEC Fee Paid: $500.00 � IS � � � M � partment of Community Development 75 South Frontage Road TQWN OF VAtL� va�i,co s�ss7 JUL' 15 20i3 Te1: 970-479-2128 (D:�{p�} � www.vailgov.com T01�1/N pF Development Review Coordinator Variance Request Application for Review by the Planning and Environmental Commission General Information: Variances may be granted in order to prevent or to lessen such practical difficulties and unnecessary physical hardships as would result ftom the strict interpretation and/or enforcement of the zoning regulations inconsistent with the development objectives of the Town of Vail. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. The Vail Town Code can be found on the Town's website at www.vailqov.com. The proposed project may also require other permits or applications and/or review by the Design Review Board and/or Town Council. Fee: $500 Description of the Request:� � � � �' C7"�' 1 ^� � , '�h. .- t �� t�-- P 1 d`n� 't ,,�^R? � l� �/S�„+'? ��..� l',��, 1� ��' � �'t� ��>�:.- �,U��t�? � ��. � Physical Address: Z�j�� t� ��D+:�✓'��? �^. � �,,�� Parcel Number: 7��(�� 'l�%:�- ` �a� !7�'� (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) z Property Owner: ��' � ;r� °� ; � ,��' - � ,��'��. �� Mailing Address: ��I�i�---��.�u1.�' �.,��Jl� �.��• ��l Y��.l ��.'/Y!� 't,o,} �y�a.�.'.o,.» _ � ,. "�� 1 � s; . , ; ��.--�? ,, n�,�: ; � - - Owner's Signature: Primary ContacU Owner Represen ' e� - �' �� _�`�� K:a � ?`�":- ,�- � ` u "r'i� '�"�t W�✓�� Mailing Address: T ,��. ��'i�. � ��. �Gx.t� , �� J J��r_`�`.? Phone: �C� � 7�.0- `�''��a E-Mail: ��-^�^ �,": ';Jr,�..,t,t Yi�' Fax: � For Office Use Only: r� Cash_ CC: Visa/ MC Last 4 CC # F�cp. Date: Auth # Check# � /� Fee Paid: 1�J"rDD.DD Received From: /'1'l►C H i4 E-� C!-�2�y Meeting Date: p S - �(o� �3 PEC No.: Planner: Project No: S l - D 3a Zoning: Land Use: Location of the Proposal: Lot:�_Blak: Subdivision: I/A/L !�lLL/�CxE /c./�uT /.� Property Information Property Address � , � ; � �:.. % � t �°;a�� : �:��''�. ..�.,•... Parcel# � � �� , � x Legal Description ,,� �f ,y A} �,5.,. ^ J C.-`!��f , �{ • l� ' � Development Site Area sq ft � � acres 4 buil able sq ft � �� < �_.�y"� � 2�� Zone District/SDD# , - � i� ,aj/Y��, i,, _ �=� , a r�,:.a>/`' ��1�,r��^^ �'��="""'", f '• '==:.f Hazard Zones Snow Avalanche �High Severity Moderate Severity�N/ Sections 12-21 &14-7 Debris Flow �"'High Fiow �� Moderate Flow �" High Avalanche N/A Rock fall �High Severity �'Medium Severity �N/A Excessive Slopes �'Z30% N/A Floodplain ��100 year floodplain �`Floodway ��Wetlands , /A Creeks,Streams Gore Creek �on site �adjacent to site ,�N/A Section 12-14-17 ❑Other tributary: i�on site �adjacent to site �N/A Project Infortnation Project Description , . r7''l,a,'°;� �C:h"�'��'•_ 't ,�, ��r+.:��R `t�;��;/'. Development Standards Ailowed Existing Proposed Gross Residential Floor Area Primary sq ft (maximum) Chapter 12-15 Secondary sq ft EHU sq ft TOTAL sq ft - �j� � 250 Addition Interior Conversion Credits: Setbacks(minimum) Front ft Section 14-10-4 � f !�� Y�' Side ft � � � Side ft �' � � Rear ft , �- ,o �--��° I!o. .� Watercourse ft Site Coverage(maximum) see deflnition Section 12-2-2 � � 2 '� '�;�- / ��, Building Height(maximum) Sloping. see definition Section 12-2-2 �'� � P�' � ';� � �-' r. Landscaping Softscape sq ft , � ,,.; �,. ¢ ..� � � � � See definition Section 14-2-1 3' '', ' � ��", �% '' Section 14-10-8 Hardscape sq ft t ' � r (;� TOTAL sq ft '"J �' � �j "7 � °�a? �� -g�"r>�� Driveway Max Curb-cuts Sections 14-3-1 &14-3-2 Max Grade @ centerline Min Width Heated drive? �:'Yes �::No �Yes �No Snow Storage% Parking #Enclosed Spaces Sections 12-10& 14-5 #Unenclosed �' `�,� G_ TOTAL Outdoor Lighting(maximum) #fixtures ��, � � Section 14-10-7 PROPOSED MATERIALS '� Buildinp Materials Tvae of Material Color Roof (T�cT�Yv1.�`"..�E?'�f��1 VtC.,�� /�.�t`�l�t/'�.�:�!I .�D� Siding � nr ,�� a,��iw:-�i� � Other Wall Materials �f� Fascia �,�. �Y�� r�'�`C?�n ��4.1�°°"�°�E i�"€C� Soffits '� `t �a �1 l� �-�_�,n_d�a ��1�.,'�1 1.�.�''..� J Windows �-�� .��r�l �Dll�Al1 F Window Trim —p—}=#—' a. Doors ��.�� {a �� .��/�� 1 i 1� � Door Trim N !� 1 Hand or Deck Rails � .� �e�� -�r'?�Vt]'��. � ')(i�. �r, � Flues �/� �� Flashing �t°.1�,� � r:�t qC�.'k'� MGt�C'�t`t�.` Chimneys ' T�� Trash Enclosures N/� Greenhouses ly /� T Retaining Walls �� /� �1,! Exterior Lighting �/� Other PROPOSED LANDSCAPING Botanical Name Common Name uanti Size PROPOSED TREES ��4� i '_I!`�".; � �",,, � :'��i�' �;� 11��: �� ,;;:..x a c;;>:;� r'' ,�,. �, r° ��,� . ,..T— e _. „� �:," �i1�:�� AND SHRUBS I EXISTING TREES TO BE REMOVED Minimum Requirements for Landscaping: Deciduous Trees—2°Caliper Coniferous Trees—6' in height Shrubs—5 Gai. Tvpe Square FootaQe GROUND COVER SOD SEED IRRIGATION TYPE OF EROSION CONTROL Please specify other landscape features(i.e. retaining walls,fences, swimming pools, etc.) peel/lanaenwaiter architects. I.I.c. david m. peel, a.i.a. kathy langenwalter p.o. box 1202 vail, co 81658 970-476-4506 plarch vaii.net July 15, 2013 Planning and Environmental Commission Town of Vail 75 S. Frontage Road Vail, CO 81657 RE: Side Setback Variance Application Carey Residence 2785 Bald Mountain Road Lot 3, Block 2, Vail Village Filing 13, Town of Vail, CO Dear Planning and Environmental Commission Members; Mike and Wendy Carey, owners of Lot 3, Block 2, Vail Village Filing 13, are requesting a side setback variance to construct a third bathroom and small office upon an existing second story deck situated above their two car garage. The 183 square foot addition to the three bedroom home will not increase the existing building footprint and will have little effect on the mass and bulk of the building. The residence was approved by the Town of Vail and constructed in 1977 at which time the required side setback in the Residential Zone District was 10'-0". Since then the Town of Vail increased the required side setback in this zone district to 15'-0"thus requiring a setback variance to build the second story upon the existing structure. Per a recent survey by Inter-Mountain Engineering, the Carey residence is located 11'-6"from the west property line. Due to the design and siting of the existing residence, the addition must be situated in the northwest area of the house. One of the physical difficulties of this property is that it shares a common driveway with its neighbor to the west, Lot 4 as discussed below. Another difficulty is a mature conifer growing Gose to the northwest corner of the structure which the owners and neighbor would very much like to preserve. This can be accomplished by utilizing the existing deck thus leaving the tree roots unaffected by construction. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. This property is unique in that it was designed and constructed in conjun�tion with its neighboring property to the west, Lot 4. When the two sites were originally developed, the owners for both Lot 3 Side Setback Variance Application !, Carey Residence July 15, 2013 Page 2 of 3 and Lot 4 chose to construct a common driveway which approximately follows their common lot line. As stated in their April 12, 1977 letter to the town, the owners' intent was to "preserve as much ground cover as possible during the construction phase". Thus the two residences were designed and sited to create the single driveway for both homes and a "Joint Easement Agreement"was executed for the common driveway which is binding for both properties. At the time the residences were constructed, the zoning regulations required a 10'-0" side setback. Due to site conditions and to accommodate the shared driveway the Lot 3 garage was designed to be 12'-0" from the common property line and the Lot 4 garage was to be located 18'-0" from the line thus allowing a separation of 3Q'-0"for vehicular maneuverability. This placement was within the zoning regulations and approved by the Town of Vail prior to construction. Since the houses were built, the town increased the side setback requirement to 15'-0"thus creating a non-conformance for Lot 3. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Because its building location happened to be beyond the increased setback of 15'-0", Rob Ford, the Lot 4 owner, was able to construct a two story addition along the common property line with Lot 3. Mr. Ford is in favor of the proposed addition and the granting of the variance thus affording the Careys the same nghts he and other property owners have enjoyed. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The requested side setback variance and construction on the existing roof deck structure will have no effect on light and air, distribution of population, transportation and tra�c facilities, public facilities and utilities, and public safety. Granting of this side setback variance can be made based on the following findings: 1. Due to the existing conditions unique to this property, the granting of the requested variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. Nor will the granting of this variance be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Side Setback Variance Application Carey Residence July 15, 2013 Page 3 of 3 3. This variance is warranted for the following reasons: a. Because the variance request is to construct above an existing structure and not extend beyond the existing building footprint approved by the town in 1977, the strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty inconsistent with the objectives of this title. b. The siting of the residence to accommodate the common driveway as well as the change from a required side setback of 10'-0"to 15'-0" are exceptional and extraordinary circumstances and conditions that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of the privilege of expanding within the original building footprint which was approved by the town and constructed within the zoning regulations in effect at the time -a privilege enjoyed by the owners of other properties in the same zone district. Thank you for your consideration of this request. Yours truly, C Kathy Lan enwalter Peel/Langenwalter Architects, L.L.C. Attachments: Town of Vail Zoning Checklist Summary for Lot 3, Block 2, Vail Village 13tn Town of Vail Zoning Checklist Summary for Lot 4, Block 2, Vail Village 13�' Letter to Town of Vail dated 4-12-77 Joint Easement Agreement for Lots 3 &4, Block 2, Vail Village 13�' Filing Google Earth Image showing Lot 3 &4 common drive and Lot 3 second story deck peel/lanqenwalter architects, i.l.c. david m. peel, a.i.a. kathy langenwalter p.o. box 1202 vail, co 81658 970-476-4506 plarch[cD@vail.net July 15, 2013 Variance Request Application for Review by the Planning and Environmental Commission Carey Residence Office & Bath Addition 2785 Bald Mountain Road Lot 3, Block 2, Vail Village Filing 13 Town of Vail, Colorado Adjacent Property Owners: William M. and Kellie E. Blanchard 2805 Bald Mountain Road 1414 Swann Ave. Ste. 201 Lot 2, Block 2, Vail Village Filing 13 Tampa, FL 33606 Town of Vail, CO Robert E. Ford Revocable Trust 2765 Bald Mountain Road 2765 Bald Mountain Road Lot 4, Block 2, Vail Village Filing 13 Vail, CO 81657 Town of Vail, CO Ii Michael J. Carey and Wendy M. Carey, as Trustees of The I', 2002 Carey Family Trust Created May 20, 2002 !, 6817 Elaine Way San Diego, CA 92120 tv �M J�.�� '� Cindy Denney Stewart Title-Edwards Escrow Officer 97 Main Street,Ste W-201 Edwards,CO 81632 (970)766-0232 Phone (970)926-0235 Fax cdenney@stewart.com May 15, 2013 Michael J. Carey and Wendy M. Carey, as Trustees of The 2002 Carey Family Trust Created May 20, 2002 6817 Elaine Way San Diego, CA 92120 File No: 01330-22145 Property Address: 2785 Bald Mountain Rd., Vail, CO 81657 Dear Customer: Congratulations on your recent real estate purchase. Enclosed is your Owner's Title Policy. The policy premium was paid for by the Seller at the time of closing, so there are no monies due from you in this regard. Please review and retain your policy with your other valuable records. We have a permanent file regarding your property and can offer expedient and cost efficient service with your future transactions. In the event you decide to sell or refinance your property in the future, please contact us for special discounts and faster service. You may access all your closing documents through the Internet on SureClose by visiting www.stewartcolorado.com. You may contact your local Escrow Officer for login and password information. Sincerely, Stewart Title- Edwards If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800-729-1902. If you make a claim under your policy,you must furnish written notice in accordance with Section 3 of the Conditions. Visit our World-Wide Web site at htto://www.stewart.com. ALTA Owner's Policy(6/17/06) OWNER'S POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk indudes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery,fraud, undue influence,duress, incompetency,incapacity,or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affeding Title not properly created,executed,witnessed,sealed,acknowledged, notarized,or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified,expired,or otherwise invalid power of attorney; , (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid. (c) 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. The term "encroachmenY' includes encroachments of existing improvements located on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning) restricting,regulating,prohibiting,or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land; (c) the subdivision of land;or (d) environmental protection if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,describing any part of the Land,is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned by: ��R.�Y Y�� / , � , title guaranty company •�►' /��%��G�'T`��" r � A riza!Caunte�signature Matt Morris ,�,� ^� � Fresidertt arrs!CEO Stewart Title-Edwards ��a��:�'�ti��'��,� _ 97 Main Street, Ste W-201 '��': �a¢P0"�.� �i-W Edwards, CO 81632 �.�; ��*�� (970) 926-0230 � � t 9 o e ; �: Agent ID: 060058 xi� r " s �� ,�,.,.,�„x�,��,,, .� Ctenise C. rraux Secrstary Copyright 2006-2009 American Land Title Association. All rights reserved. � The use of thls Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. '`�'i1}�`'�^'� All other uses are prohibited. Reprinted under license from the American Land Title Association. �'�'`''."�� n �,v.=.nn�x File No. 01330-22145 Page 1 of Policy Serial No.:0-9301-001840424 COVERED RISKS(Continued) 9. Title being vested other than as stated in Schedule A or being defective (i) to be timely;or (a) as a result of the avoidance in whole or in part, or from a court (ii) to impart notice of its existence to a purchaser for value or to order providing an altemative remedy, of a transfer of all or any a judgment or lien creditor. part of the title to or any interest in the Land occurring prior to the 10. Any defect in or lien or encumbrance on the Title or other matter transaction vesting Title as shown in Schedule A because that included in Covered Risks 1 through 9 that has been created or prior transfer constituted a fraudulent or preferential transfer attached or has been filed or recorded in the Public Records under federal bankruptcy, state insolvency, or similar creditors' subsequent to Date of Policy and prior to the recording of the deed or rights laws;or other instrument of transfer in the Public Records that vests Title as (b) because the instrument of transfer vesting Title as shown in shown in Schedule A. Schedule A constitutes a preferential transfer under federal The Company will also pay the costs, attomeys' fees, and expenses bankruptcy, state insolvency, or similar creditors' rights laws by incurred in defense of any matter insured against by this Policy,but only reason of the failure of its recording in the Public Records to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this (b) not Known to the Company, not recorded in the Public Records policy, and the Company will not pay loss or damage, costs, attorneys' at Date of Policy, but Known to the Insured Claimant and not fees,or expenses that arise by reason of: disclosed in writing to the Company by the Insured Claimant 1. (a) Any law,ordinance,permit,or govemmental regulation(inctuding prior to the date the Insured Claimant became an Insured under those relating to building and zoning) restricting, regulating, this policy; prohibiting,or relating to (c) resulting in no loss or damage to the Insured Claimant; (i) the occupancy,use,or e�joyment of the Land; (d) attaching or created subsequent to Date of Policy(however,this (ii) the character, dimensions, or tocation of any improvement does not modify or limit the coverage provided under Covered erected on the Land; Risk 9 and 10);or (iii) the subdivision of land;or (e) resulting in loss or damage that would not have been sustained if (iv) environmental protection; the Insured Claimant had paid value for the Title. or the effect of any violation of these laws, ordinances, or govemmental 4. Any claim, by reason of the operation of federal bankruptcy, state regulations. This Exclusion 1(a) does not modify or limit the coverage insolvency, or similar creditors' rights laws, that the transaction provided under Covered Risk 5. vesting the Title as shown in Schedule A,is (b) Any governmental police power. This Exclusion 1(b) does not (a) a fraudulent conveyance or fraudulent transfer;or modify or limit the coverage provided under Covered Risk 6. (b) a preferential transfer for any reason not stated in Covered Risk 2. Rights of eminent domain. This Exclusion does not modify or limit 9 of this policy. the coverage provided under Covered Risk 7 or 8. 5. Any lien on the Title for real estate taxes or assessments imposed by 3. Defects,liens,encumbrances,adverse claims,or other matters governmental authority and created or attaching between Date of (a) created, suffered, assumed, or agreed to by the Insured Policy and the date of recording of the deed or other instrument of Claimant; transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 7. DEFINITION OF TERMS Insured named in Schedule A for estate planning The following terms when used in this policy mean: purposes. (a) "Amount of Insurance": The amount stated in Schedule A, as (ii) with regard to (A), (B), (C), and (D) reserving, however, all may be increased or decreased by endorsement to this policy, rights and defenses as to any successor that the Company increased by Section 8(b), or decreased by Sections 10 and 11 would have had against any predecessor Insured. of these Conditions. (e) "Insured Claimant": An Insured claiming loss or damage. (b) "Date of Policy": The date designated as "Date of Policy" in (� "Knowledge" or "Known": Actual knowledge, not constructive Schedule A. knowledge or notice that may be imputed to an Insured by (c) "Entity": A corporation, partnership, trust, limited liability reason of the Public Records or any other records that impart company,or other similar legal entity. constructive notice of matters affecting the Title. (d) "Insured": The Insured named in Schedule A. (g) "Land": The land described in Schedule A, and affixed (i) the term"Insured"also includes improvements that by law constitute real property. The term (A) successors to the Title of the Insured by operation of "Land" does not include any property beyond the lines of the law as distinguished from purchase, including heirs, area described in Schedule A,nor any right,title,interest,estate, devisees,survivors, personal representatives,or next of or easement in abutting streets, roads, avenues, alleys, lanes, kin; ways, or waterways, but this does not modify or limit the extent (B) successors to an Insured by dissolution, merger, that a right of access to and from the Land is insured by this ' consolidation,distribution,or reorganization; policy. (C) successors to an Insured by its conversion to another (h) "Mortgage": Mortgage, deed of trust, trust deed, or other kind of Entity; security instrument, including one evidenced by electronic I (D) a grantee of an Insured under a deed delivered without means authorized by law. payment of actual valuable consideration conveying the (i) "Public Records": Records established under state statutes at TiUe Date of Policy for the purpose of imparting constructive notice of (1) if the stock, shares, memberships, or other equity matters relating to real property to purchasers for value and interests of the grantee are wholly-owned by the without Knowledge. With respect to Covered Risk 5(d), "Public named Insured. Records"shall also include environmental protection liens filed in (2) if the grantee wholly owns the named Insured. the records of the clerk of the United States District Court for the (3) if the grantee is wholly-owned by an affiliated Entity district where the Land is located. of the named Insured, provided the a�liated Entity (j) "Title": The estate or interest described in Schedule A. and the named Insured are both wholly-owned by (k) "Unmarketable Title": Title affected by an alleged or apparent the same person or Entity,or matter that would permit a prospective purchaser or lessee of the (4) if the grantee is a trustee or beneficiary of a trust Title or lender on the Title to be released from the obligation to created by a written instrument established by the purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. Copyright 2006-2009 American Land Title Association. All rights reserved. � The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. 116��." i�' All other uses are prohibiled. Reprinted under license from the American Land Title Association. �k\ ��.'�� ... ......::i.>s File No. 01330-22145 Page 2 of Policy Serial No.:0-9301-001840424 �s�� CONDITIONS(Continued) 2. CONTINUATION OF INSURANCE Company all reasonable aid (i) in securing evidence,obtaining The coverage of this policy shall continue in force as of Date of witnesses, prosecuting or defending the action or proceeding, or Policy in favor of an Insured, but only so long as the Insured retains effecting settlement, and (ii) in any other lawful act that in the an estate or interest in the Land,or holds an obligation secured by a opinion of the Company may be necessary or desirable to purchase money Mortgage given by a purchaser from the Insured,or establish the Title or any other matter as insured. If the only so long as the Insured shall have liability by reason of warranties Company is prejudiced by the failure of the Insured to furnish the in any transfer or conveyance of the Title. This policy shall not required cooperation, the Company's obligations to the Insured continue in force in favor of any purchaser from the Insured of either under the policy shall terminate, including any liability or (i)an estate or interest in the Land, or(ii)an obligation secured by a obligation to defend, prosecute, or continue any litigation, with purchase money Mortgage given to the Insured. regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submit to examination under oath by any authorized The Insured shall notify the Company promptly in writing(i)in case of representative of the Company and to produce for examination, any litigation as set forth in Section 5(a) of these Conditions, (ii) in inspection,and copying,at such reasonable times and places as case Knowledge shall come to an Insured hereunder of any claim of may be designated by the authonzed representative of the title or interest that is adverse to the Title,as insured,and that might Company,all records,in whatever medium maintained,including cause loss or damage for which the Company may be liable by virtue books, ledgers, checks, memoranda, correspondence, reports, of this policy, or (iii) if the Title, as insured, is rejected as e-mails, disks,tapes, and videos whether bearing a date before Unmarketable TiUe. If the Company is prejudiced by the failure of the or after Date of Policy, that reasonably pertain to the loss or Insured Claimant to provide prompt notice,the Company's liability to damage. Further, if requested by any authorized representative the Insured Claimant under the policy shall be reduced to the extent of the Company,the Insured Claimant shall grant its permission, of the prejudice. in writing, for any authorized representative of the Company to examine,inspect,and copy all of these records in the custody or 4. PROOF OF LOSS control of a third party that reasonably pertain to the loss or In the event the Company is unable to determine the amount of loss damage. All information designated as confidential by the or damage,the Company may,at its option, require as a condition of Insured Claimant provided to the Company pursuant to this payment that the Insured Claimant fumish a signed proof of Section shall not be disclosed to others unless,in the reasonable loss. The proof of loss must describe the defect,lien, encumbrance, judgment of the Company,it is necessary in the administration of or other matter insured against by this policy that constitutes the the claim. Failure of the Insured Claimant to submit for basis of loss or damage and shall state, to the extent possible, the examination under oath, produce any reasonably requested basis of calculating the amount of the loss or damage. information,or grant permission to secure reasonably necessary information from third parties as required in this subsection, 5. DEFENSE AND PROSECUTION OF ACTIONS unless prohibited by law or govemmental regulation, shall (a) Upon written request by the Insured, and subject to the options terminate any liability of the Company under this policy as to that contained in Section 7 of these Conditions, the Company, at its claim. own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts 7, OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; a daim covered by this policy adverse to the Insured. This TERMINATION OF LIABILITY obligation is limited to only those stated causes of action alleging In case of a claim under this policy, the Company shall have the matters insured against by this policy. The Company shall have following additional options: the right to select counsel of its choice(subject to the right of the �a) To Pay or Tender Payment of the Amount of Insurance. To pay Insured to object for reasonable cause)to represent the Insured or tender payment of the Amount of Insurance under this policy as to those stated causes of action. It shall not be liable for and together with any costs, attomeys'fees, and expenses incurred will not pay the fees of any other counsel. The Company will not by the Insured Claimant that were authorized by the Company pay any fees, costs, or expenses incurred by the Insured in the up to the time of payment or tender of payment and that the defense of those causes of action that allege matters not insured Company is obligated to pay. Upon the exercise by the against by this policy. Company of this option, all liability and obligations of the (b) The Company shail have the right, in addition to the options Company to the Insured under this policy,other than to make the contained in Section 7 of these Conditions, at its own cost, to payment required in this subsection, shall terminate, induding institute and prosecute any action or proceeding or to do any any liability or obligation to defend, prosecute, or continue any other act that in its opinion may be necessary or desirable to litigation. establish the Title, as insured, or to prevent or reduce loss or �b) To Pay or Otherwise Settle With Parties Other Than the Insured damage to the Insured. The Company may take any appropriate or With the Insured Claimant. action under the terms of this policy, whether or not it shall be (i) to pay or otherwise settle with other parties for or in the liable to the Insured. The exercise of these rights shall not be an name of an Insured Claimant any claim insured against admission of liability or waiver of any provision of this policy. If under this policy. In addition, the Company will pay any the Company exercises its rights under this subsection, it must costs,attorneys'fees,and expenses incurred by the Insured do so diligenUy. Claimant that were authorized by the Company up to the (c) Whenever the Company brings an actio�or asserts a defense as time of payment and that the Company is obligated to pay; required or permitted by this policy, the Company may pursue or the litigation to a final determination by a court of competent (ii) to pay or otherwise settle with the Insured Claimant the loss jurisdiction, and it expressly reserves the right, in its sole or damage provided for under this policy,together with any discretion,to appeal any adverse judgment or order. costs,attorneys'fees,and expenses incurred by the Insured 6. DUTY OF INSURED CLAIMANT TO COOPERATE Claimant that were authorized by the Company up to the (a) In all cases where this policy permits or requires the Company to time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options prosecute or provide for the defense of any action or proceeding provided for in subsections (b)(i) or (ii), the Company's and any appeals, the Insured shall secure to the Company the obligations to the Insured under this policy for the claimed loss or right to so prosecute or provide defense in the action or damage, other than the payments required to be made, shall proceeding, including the right to use, at its option,the name of terminate, including any liability or obligation to defend, the Insured for this purpose. Whenever requested by the prosecute,or continue any litigation. Company,the Insured,at the Company's expense,shall give the Copyright 2006-2009 American Land Title Association. All rights reserved. � The use of[his Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. }n5��0 E`:�°� All other uses are prohibited. Reprinted under license from the American Land Title Association. �°`�''��` File No. 01330-22145 � � Page 3 of Policy Serial No.:0-9301-001840424 ;,' CONDITIONS(Continued) 8. DETERMINATION AND EXTENT OF LIABILITY If a payment on account of a claim does not fully cover the This policy is a contract of indemnity against actual monetary loss or loss of the Insured Claimant, the Company shall defer the damage sustained or incurred by the Insured Claimant who has exercise of its right to recover until after the Insured Claimant suffered loss or damage by reason of matters insured against by this shall have recovered its loss. policy. (b) The Company's right of subrogation includes the rights of the (a) The extent of liability of the Company for loss or damage under Insured to indemnities,guaranties,other policies of insurance,or this policy shall not exceed the lesser of bonds, notwithstanding a�y terms or conditions contained in (i) the Amount of Insurance;or those instruments that address subrogation rights. (ii) the difference between the value of the Title as insured and 14. ARBITRATION the value of the Title subject to the risk insured against by this policy. Either the Company or the Insured may demand that the claim or (b) If the Company pursues its rights under Section 5 of these controversy shall be submitted to arbitration pursuant to the Title Conditions and is unsuccessful in establishing the Title, as Insurance Arbitration Rules of the American Land Title Association insured, ("Rules"). Except as provided in the Rules,there shall be no joinder (i) the Amount of Insurance shall be increased by 10°/a,and or consolidation with claims or controversies of other persons. (ii) the Insured Claimant shall have the right to have the loss or Arbitrable matters may include, but are not limited to, any damage determined either as of the date the claim was controversy or claim between the Company and the Insured arising made by the Insured Claimant or as of the date it is settled out of or relating to this policy, any service in connection with its and paid. issuance or the breach of a policy provision, or to any other (c) in addition to the extent of liability under (a) and (b), the controversy or claim arising out of the transaction giving rise to this Company will also pay those costs, attomeys' fees, and policy. All arbitrable matters when the Amount of Insurance is expenses incurred in accordance with Sections 5 and 7 of these $2,000,000 or less shall be arbitrated at the option of either the Conditions. Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only when 9. LIMITATION OF LIABILITY agreed to by both the Company and the Insured. Arbitration (a) If the Company estabiishes the Title, or removes the alleged pursuant to this policy and under the Rules shall be binding upon the defect, lien, or encumbrance, or cures the lack of a right of parties. Judgment upon the award rendered by the Arbitrator(s)may access to or from the Land, or cures the claim of Unmarketable be entered in any court of competent jurisdiction. Title, all as insured, in a reasonably diligent manner by any 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE method, including litigation and the completion of any appeals, it CONTRACT shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to (a) This policy together with all endorsements, if any, attached to it the Insured. by the Company is the entire policy and contract between the (b) In the event of any litigation, including litigation by the Company Insured and the Company. In interpreting any provision of this or with the Company's consent, the Company shall have no policy,this policy shall be construed as a whole. liability for loss or damage until there has been a final �b) Any claim of loss or damage that arises out of the status of the determination by a court of competent jurisdiction, and Title or by any action asserting such claim shall be restricted to disposition of all appeals,adverse to the Title,as insured. this policy. (c) The Company shall not be liable for loss or damage to the (c) Any amendment of or endorsement to this policy must be in Insured for liability voluntarily assumed by the Insured in settiing Writing and authenticated by an authorized person, or expressly any claim or suit without the prior written consent of the incorporated by Schedule A of this policy. Company. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION provisions. Except as the endorsement expressly states,it does OF LIABILITY not (i) modify any of the terms and provisions of the policy, (ii) All payments under this policy, except payments made for costs, modify any prior endorsement, (iii)extend the Date of Policy,or attorneys'fees,and expenses,shall reduce the Amount of Insurance (iv)increase the Amount of Insurance. by the amount of the payment. 16. SEVERABILITY 11. LIABILITY NONCUMULATIVE In the event any provision of this policy, in whole or in part, is held The Amount of Insurance shal� be reduced by any amount the invalid or unenforceable under applicable law, the policy shall be Company pays under any policy insuring a Mortgage to which deemed not to include that provision or such part held to be invalid, exception is taken in Schedule 8 or to which the Insured has agreed, but all other provisions shall remain in full force and effect. assumed,or taken subject,or which is executed by an Insured after 17. CHOICE OF LAW;FORUM Date of Policy and which is a charge or lien on the Title, and the (a) Choice of Law: The Insured acknowledges the Company has amount so paid shall be deemed a payment to the Insured under this underwritten the risks covered by this policy and detertnined the policy. premium charged therefor in reliance upon the law affecting 12. PAYMENT OF LOSS interests in real property and applicable to the interpretation, When liability and the extent of loss or damage have been definitely rights, remedies, or enforcement of policies of title insurance of fixed in accordance with these Conditions, the payment shall be the jurisdiction where the Land is located. made within 30 days. Therefore, the court or an arbitrator shall apply the law of the 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT jurisdiction where the Land is located to determine the validiry of (a) Whenever the Company shall have settled and paid a claim under claims against the Title that are adverse to the Insured and to this policy, it shall be subrogated and entitled to the rights of the interpret and enforce the terms of this policy. In neither case ' Insured Claimant in the Title and all other rights and remedies in shall the court or arbitrator apply its conflicts of law principles to �I respect to the claim that the Insured Claimant has against any person determine the applicable law. or property,to the extent of the amount of any loss,costs,attorneys' �b) Choice of Forum: Any litigation or other proceeding brought by fees, and expenses paid by the Company. If requested by the the Insured against the Company must be filed only in a state or Company,the Insured Claimant shall execute documents to evidence federal court within the United States of America or its territories the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or having appropriate jurisdiction. settle in the name of the Insured Claimant and to use the name of the 18. NOTICES,WHERE SENT Insured Claimant in any transaction or litigation involving these Any notice of claim and any other notice or statement in writing rights and remedies. required to be given to the Company under this policy must be given to the Company at Claims Department at P.O. Box 2029, Houston, TX 77252-2029. Copyright 2006-2009 American Land Title Association. All rights reserved. � The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ��r�i t.w"S`:n u All other uses are prohibited. Reprinled under license from[he American Land Title Association. �° °�� i i a,i,>� File No. 01330-22145 Page 4 of Policy Serial No.:0-9301-001840424 � ALTA OWNER'S POLICY(6/17/06) SCHEDULE A Name and Address of Stewart Title Guaranty Company Title Insurance Company: P.O. Box 2029, Houston, TX 77252 Prepared by: Colorado Regional Production Center Title Officer: Linda Williams File No.: 01330-22145 Policy No.: 0-9301-001840424 Address Reference: 2785 Bald Mountain Rd., Vail, CO 81657 (For Company Reference Purposes Only) Amount of Insurance: $1,700,000.00 Premium: $1,700.00 Date of Policy: May 15, 2013 at 4:30 P.M. 1. Name of Insured: Michael J. Carey and Wendy M. Carey, as Trustees of The 2002 Carey Family Trust Created May 20, 2002 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: Michael J. Carey and Wendy M. Carey, as Trustees of The 2002 Carey Family Trust Created May 20, 2002 4. The Land referred to in this policy is described as follows: Lot 3, Block 2, VAIL VILLAGE THIRTEENTH FILING according to the recorded plat thereof ; COUNTY OF EAGLE, �', STATE OF COLORADO. �II Copyright 2006-2009 American Land Title Association. All rights reserved. � The use of this Form is restricted to ALTA Gcensees and ALTA members in good standing as of the date of use. +�*"`".°N All other uses are prohibited. Reprinted under license from the American Land Title Association. �i""��`o:^ File No.01330-22145 Page 1 of 1 STEWART TITLE �� CO STG ALTA Owner's Policy Sch A STCO GUARANTY COMPANY ALTA OWNER'S POLICY(6/17/O6) SCHEDULE B File No.: 01330-22145 Policy No.: 0-9301-001840424 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'fees or expenses)that arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, 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. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurFace and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 6. Water rights, claims or title to water. 7. All taxes for 2013 and subsequent years, which are a lien not yet payable. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other �', district or inclusion in any water service or street improvement area. 9. Reservations and exceptions in Patents, or Acts authorizing the issuance thereof, including the reservation of the right of proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate , or intersect the premises as reserved in United States Patent recorded August 22, 1956 in Book 157 at Page 304 and recorded May 6, 1905 in Book 48 at Page 273 and recorded May 6, 1905 in Book 48 at Page 509. 10. Reservations or exceptions in Patents, or in Acts authorizing the issuance thereof, including the reservation of a right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded August 22, 1956 in Book 157 at Pag.e 304, recorded May 6, 1905 in Book 48 at Page 273 and recorded May 6, 1905 in Book 48 at Page 509 and recorded March 31, 1915 in Book 48 at Page 591. 11. Reservation of one-half of all oil, gas and other minerals as contained in Deed recorded May 3, 1960 in Book 165 at Page 227. 12. All matters shown on the plat of Vail Village Thirteenth Filing recorded November 10, 1972 in Book 226 at Pa4e 145 as Reception No. 121932. 13. Protective Covenants recorded November 10, 1972 in Book 226 at Page 146 as Reception No. 121933 and First Amendment to the Protective Covenants recorded September 21, 1978 in Book 275 at Page 628 as Reception No. 172037. 14. Joint Easement Agreement recorded May 9, 1980 in Book 302 at Page 659 as Reception No. 199046. Copyright 2006-2009 American Land Title Association. All rights reserved. � The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. '�"°R�`�"x'° All other uses are prohibited. Reprinted under license from the American Land Title Association. { # �� File No.01330-22145 Page 1 of 2 STEWART TITLE � CO STG ALTA Owner's Policy Sch B SE GUARANTY COMPANY '"� ALTA OWNER'S POLICY(6/17/O6) SCHEDULE B 15. All matters shown on the Improvement Survey Plat and Topographic Map by Peak Land Consultants Inc. dated 5/30/12, No. 1825. 16. Deed of Trust executed by Michael J. Carey and Wendy M. Carey, as Trustees of The 2002 Carey Family Trust Created May 20, 2002 to the Public Trustee of Eagle County, dated May 15, 2013, in the principal amount of $1,000,000.00, payable to Wells Fargo Bank, N.A. III I ' Copyright 2006-2009 American Land Title Association. All rights reserved. � The use of this Form is restrided lo ALTA licensees and ALTA members in good standing as of the date of use. a.F`F'x=E:�" All other uses are prohibited. Reprinted under license from the American Land Title Association. ''°'k`�'�x�� File No.01 330-2 2 1 45 Page 2 of 2 STEWART TITLE � � CO STG ALTA Owner's Policy Sch B SE GUARANTY COMPANY �" Anti-Fraud Statement CRS 10-1-128 File No.: 01330-22145 "It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies." STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice '� carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates(the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Ad(GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers'personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes—to process your transactions and maintain your account. This may include running the business and managing Yes No customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes—to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates'everyday business purposes—information about your transactions and experiences.Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our Yes No affiliates may include companies with a Stewart name;financial companies, such as Stewart Title Company For our affiliates'everyday business purposes—information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non-affiliates to market to you. Non-affiliates are companies not related by No We don't share common ownership or control. They can be financial and non-financial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-a�liate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction. notify me about their practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use,we use protect my personal information? security measures that comply with federal and state law. These measures include com uter,file, and buildin safe uards. How do the Stewart Title Companies We collect your personal information, for example, when you collect my personal information? • request insurance-related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other com anies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances,we do not share our ersonal information in those instances. Contact Us �f you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Com an , 1980 Post Oak Blvd., Privac Officer, Houston,Texas 77056 File No.:01330-22145 Page 1 of 1 CO STG Endorsement 110.1 Deletion of Exception ALTA Owner ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE ' SERIAL NUMBER 0-9301-001840424 Issued by STEWART TITLE GUARANTY COMPANY File No.: 01330-22145 Charge: $50.00 Said Policy is hereby amended by deleting paragraphs 1 -4, inclusive of Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned by: ��'Wc� r- '� �--�...., , . �� titie g�uarar�#y comp�ny j�__/ ,,�%�� -- Matt Morris A riz�d Countersignature „ , , Preside��and CEt7 .�1�LE GU4 Stewart Title-Edwards ��`� " �� t��.��, 7F�' 97 Main Street, Ste W-201 �'�` �' � �� Edwards, CO 81632 ��. ��8 � : . �. �, Agent ID: 060058 F" y,� � ��a�°,�'� �en�se G rraux � Secret�ry Endorsement E-9851-244133095 Serial No. File No.01330-22145 Page 1 of 1 STG CLTA Form 110.1 Deletion of Exception AITA Owner �� ` ` � � � r C3es i c�r� Rev1 sa ��e � � � Zi?tJltdG CNEGKLaST � L�ate �aid � SUMMARY � �,�"'' s " PRC�d EC7 °°: Y"� °;��,d `� ="? ; ARCN I TEC�" � r��'� ��'� � y tEGAL DL&C�I F=T(4PJ ; ,�r- � �° f�� tr�"t ,' r�}.:��-�,�� =��!`�. fi , _, �. ; r� , � � � � �s� zt�t�� ; �a�Q�s�� s�� .P�,�� ,��.� ; '"'" �� ,.. �_,.�� ` �,. tar �i z� f ; �nt�r�-r,ac� , _ _ . , , SE7BRC�3; Requir�d - FrQn+ �� Sides � �� .�.., v, Re a r ��r.�...�......,._....1 Rctua i - Fron�- ��.-�...,.., S 1 des � �d� � , S2ear �:'�,,,�y s �.�� i DI�TAhd�E �ETY4E�N BUii�D9tduS: ReauEred �^��t� , Actu�,( �r.�`� � � / HEIGHT: Averag� raCe Height A{ l�wed , Ac#�al -��Y�3 ra..: � t�a� . .. �J. � � A�-�y��--�� .R.F.A. ; � 1�`J' R�ti*a, Al9owab €e sq. ffi.��_,��,��' z '� ,� ActuaE sq. f� � COt�N�,'�CIAL Ft��R �RCA: P�r;c�nt��g2 al (cwab3� , AJ iow�ble sq. ft, , r�ctuai sq. =T> x BUE�gINv EiULK ��ltv'"��L: Ai fowa�le r�axir�um feneth , biacaanai , fi�equired Offse�s , Actual lenath , p�a�,cnal ; ..P�� ;.�.� .. SI�E �C3Vt€�Rt�E: �tl i€�,nable ��, AI ��rabie �G. #-t.��,�,,,�_, Aet�a! ; Actua t s�. �-�. '�` - , .,r��_..._• k3SEA��E QFEPd �PnC�.: �eq�.�i r�d sq. ft. , Ac�-ua I � sq. `t., �round Level , �, Ccmmon , �r LAt�DSCAPlP��: R�Guired �, s�. ft., Rci'ua1 � sq. P�t, P�1I2KCl�� ,hlC LQADIPdt�: tJe. �e�uire�l �__�� Pdo. t�.ctual ,'��,� , Covered r'�.�- c�uir�d n €y�� ; Covered Actu�l , � �� :� r�.�� ;�• ��r- �r• .,. ZtJN i FdG APPRC}?tAl �` ,_.� � �.,.-� � ��onirig Rdmir:isfi�a�k�or - �a �� f: � DESIG�i REV1Et� EQAP,G �,F`PROVA� '_ � Chairmar:, pQSign �teview B�ard �ate UTtLt7lES AP�'ROttbL � 7awn Ennineer dafie EidVlR�itiMENTAI IMPit�; APR�OVRL. ��.� _._.. �,�t e Y pate Submi#ted fr�r <�nin� neview , Qea�Iina L�ate Date Subniit�ed for Jesian Rev�aw Dead ( ine [3a#� , Or�#e Submi�'fi�d #ot' Envirorrr.sar�i`ul Im�,act R�vi�w Cleadline Extension of to as perr3itted item , date 6y 5��i €on of Ordinan�,� �u, 8 t��riey r�f 1973) . � COMhA�NY$: f�",°�,�� . .a��g <.�. ;"�` ��, �: �w � � ��` � ''� � , �..- �; `�x � `� "� < � .�`�. �.� �� '�:� I `` ,�'� _..�* ��' �e � . , �- � ��, � _ , � , ,! � D�+sagn �eview Fee ' ZC�N i NCi CH£CKR.i STi t�ate F�id SUPdti�ARY' �... PftOJECT G�/�-'�� .: ':� � ,.�,�`�.�,,... � ARCW I T�GT a ;j` �i �`��*r.� ,� `r``�� s.��.r`�.�"' * • � � � � �.;�� , LEGA.� �JESC(�I�'TI�,'J n% �'�-� �� ¢ � ` �� ; ' t � f U5E Z4NE _��_-- �; PRaJP�t5EG USEfS) �. -� ��< ,`r,, �',:�.r.,�',.� � F•°:�� ; �jF j - �aT sMZ� _.�..�� ''X��: : ��rarAC� '�� , , SE78ACKS: Requ i red - Fron�P �,a. '�: , S i des ,�� r'f 3'�'� ' , Rear ��_., �. �- Actua I - Front � , 5 i des �� _'` � �, Rear �s°� ; s � �� D1STRt•!CE EETW�EP� BJll.C1�JC5: Reauired _ r:n��'` � , Rctuai r r- NElGHT: Averaae Grnce kieight Ai3o�aed , .Actual ��: C.R.�`.A. , �a# io, A"s1�w�ble sa. f'�. �� F�` , Acfival � ft `��f`�< �;� COt•�P�tERCiAL �L.�C�R R?�A: ?�rc+�ni'ag� � Il�wab3e , Ali�wable sq. ft, �� Actuai sn. f±, . � � , BUI !CltdG 5UL'/. C:;�P�Tf2�3L: r1i iovaabie maximum lengi'I-, , (?iagonai , Required Gf#sets , Ac;uul length , �iagarai � SITE CO`JE�ArE; AI ic��a� le �� , A3I�u�a�� Sq. ft �., .�� , Aci-uai_�_..._� � u, e � AC*ual sq, f'. { � ` � . �..- ��..�a..w�,._� . U`"JEf'tE3Lc �}F';iv .�.,t=A�:t. ��G;;Jir'G-'d 5G. f'�� ,�CtUB � sQ, f-I".a �round ievel , �, Cc�mmon �; , IRtJLSCF�PI>><,: Req;�ired ��, sq. f-F., Act;�� l � sa . f-!-. PARi(IEa{3 AhlQ �GAG1;d�,: ��Ic. Re �ired � tJo. Actual s�F"�ti q' e°.� , ?,,.`� , �avereu� P,E- qu i red � � _f�lo. ; Covere�-? Actua i ___�_____, Q �,�� ZC1V 1 NG APFF�G'JA:_ � :�� °�,� '�� : " �,,�� `. , � �. � �� f �pni:7{�� Admini5l"I"�-";`Oi' J�,�° . bE516PJ RE1'l�E+t' S��A*C nP(�R:�'VP,I� �� '� � Ch�irm�n, �esi�r. Review �oard Jate l;T I L I71 ES r?F�RQi�'A� � �� Towe, Eng i nee r C1ate � �i4iiI�OP1h,1��[d1�A,L (i�'�PAC;�� Poi=��'f��L'RL � �f�VCt" i 3'"',�, �ate Submit?es:; for Zoni ^� '?�vi�i+ , C7eaciline Ja*c dat�r Submi tted gor Ges i grG Feview , L�ead! i ne D�te t�a�-e Submit-ted #or' Ervi -�or;men`af lmpaci' Review Deadllr?e Ex#ens i c�n of �hc as permi �Fted i#e� date � by Sec#i�an cr# 4rdinas?c� No. 8 (5eries cf 1�73} . C O"�?M E tti T S. � `.�� :%!. � ,�" s � �°``� a�' "�� : .,� �, �'f �� f71�t` �.. '�! z��,f`.�' ,�`' �,, y�,� s" � .�' m��'F a�,« 1 T , ,.�, � , , . .�: m s � ,.�� _`,� . __, .�f .. ,__ �, �:-,_ �t_ _ � � Apri1 12, 1977 Mr. �'o Kramer Tc�wn o� �Tail, Buil.ding Uept. P, O. F3c�x ]�0€1 jTail, Cc�lc�rade� 81657 Re: Residen�es tc� ?�e cc�nstructed c�n I�.t.�..�arz� 4, ��csck 2, ,�'ai1 Crillag''�'�'��t�� Fil�ngl s�`� �endall and �`ord �� '°�� Uear J�: �;db Ford and I are �Slanning �.o cons�.ruct a commc�n �riveway apprbx- imately alang �he lo� line bettveen Lc�t� � �nd +�, I�1ock. 2r Vail Vill.ac�e �.3t�i E'�.1.inc�, We inte�nd tt� divide the constructian cr�s�s, paving cc�sts, maintenance, to include snr�c�r p2�swing and an� �lant�rs, etc. in half, Fc�rd paying �ane ha�.f and Kenda�.1. payin� nne �a�.f, Th� id�� here is tc� preserve as much ground ccver c�n the two si�es as poss�.ble d�rins� th� cc�nstructioza phase. We wi1.l both �.ave equal use nf tl�e driveway. We will �ave an attcsrney c�r�ft a cc�v�nan� rec�ar�ling the use and maintenance +�f the drive��.y� which wi11 be rec�srded �nd will r�n with the land. 'Zhis cc��,renant wzll be c�.ted in any �uture title insuranc� pt�Siczes �s �.n exceptz.on theretc� as are the ct�ve�iants rf the I.3th filinc�. �ubsequent c�wners wil�. b� required to acc�pt title subject tc� this cc�venan�. l�� sc�c�n as I ��ac�e the ccavenant, �ahich should be c��ithin ten days, � will make it availabl� to your r�ffice. Cardially, Robertf..' . Ke 11 _..___..�� " � t� `� ��, '� `` (��-�`,,``J��' �- "� ;t ; � - ,--� , -, ��,��,. � �� _--°f ` . �. -��I 1�1�:._,C�� `�_a , _ _. � Rohert E. Ft� d RE K:j mw ` -°-�_.: F i. 'j � i'` h\�� ,�\`\ � �, � � � 1i i: Y� : ._�L.......__„� . ,„... i �j � � � l�8 ��i�lJlJ �, �� . '� ,F. . .. ,. � ... . � 1�� . , , ,� . Sbok 302 Pstge 6 59 Ra�orr�+�d" at �9 s 00 A.M. May Qti �9$O ;,k " Record�rs J�sharretEe ,.P�si]:lips Eagle Ca�tp �;�:. _r;: . �} ✓,�, �OINT EASEI��4�12' AGR��I�ENT . }k .. . J" ; , ., a:....- . . . . . � . � ;, . .: AGI7EEMEt3T Mc3de: MRY 6t'11. r 1980. betw�en ROBERT F4. KEi1DAI,L _ ; a�nd GLO�2IA J. KENAP.F�L, riusband anc2' wife, vf Vai1:, Colorado, �`' , ,`��_�+ lierei.nafter refer�ed to as "Kenda3.3s" and RO�ERT E. FORD, a - si:n�gle person, c>f 't7aiZ, Col:orado, he�e:inafter referred to as "F'ord".; Kendal,ls: and Ford hereinafter collectively referred to as "the parti�s" . � ,, _ REC S'I'ALS WHEREAS, KendaZ].s own, in fee' simple; certa_in re'al property ssttia�te in the �own of Vai.1, County of Eagle, State bf Coldrado, described as fol2ows:, to wit: : Lat 3. Blocic 2 , Vail -Village, 3.3th Filingy according to the _record`ed pla.t tlnereof; WHE,.T�'cY,AS. F`ord :owns , in fee siinple,' certain real property si'tuate in �he `Town 'of Vai1, County of Eag1e, State of Caloracio, ;: more .particularly de`scribed 'as '£ollows, to wi.t: Z.ot 4, Block 2, Vail v.illage I3th FS:ling,: according to the recorded plat tHereo'f;. ��iFiEREA�, T:ots 3 and- 4 described abbve are adjacent and are i�ouncied by a common line per thE: Vail Vi2lage 13th Fa,ling Plat � thereof filed of record in the office of- the EagTe County Clerlc x ,• and Recorder; �' WHEREAS, the parties have the full right, pawer and ,authori.ty_. �`' to �nter i;rtto tiz�s a reement and to cor►ve g y, each to th� other, ,`i iEal prbperty '°interests ia1 the above descr:ibed ,property; WHEE2EAS, the parties desire to create a common driveway between the above c3escrilaed adjoining lots for the benefit af J .::; each of them; and to furthermore, �reate a' common right-of-way y for the pur}�ose of _providing and/or maintaining common utiZity serva.ces to both oE such lots; ��e .aforesaid common driveway and utility right-o£-way to Y�e located and situate' upon the foi].owing �escribed property, to wit: x, . That part of Lot.s 3 and 4 , A1ock 2 , Vail Village 13t1i - Filing; Town of Vail, County of Eagle, State of Colorado, lying lO feet on eacki sida of the fbllowing described center Tine: commencing at t2z� Southeast co-rner oE said lot 4; ' tfience 33.07 feet along the arc of a 504.75 f�ot radius `' " " curve to �he left whos� central arcgle is 03°47'03" and whose long ehord bears north 69°39'26" W�st, 33.07 feet to the point of b�ginnin��; �hence Nortl� 20°34'27" East 12_69 £ee�; th�nce North 5I°?6 '46" �ast 69. 55 feet; th�nce Nortkx 07°37'25" �ast 18.50 feet; thence North "l4° 07 ` 37" East 65:58 feet to thc Loint of terminus, from whence. the Idorthwest coriler ot' said lc�t 4 bcars Soutkt 32°39 'S3" West 33.50 f��t; whicYi prop�rty is k2ereinafter �:: referred to as the "common easement" ; WFi�REAS, thc-� par�ies des.ire to covenant, intcr se, �or th� �;;; ; piarpos� of maintainir�g, impravizig, and res�k.rictin� �}ie use of the common easement: N�W, TFiERE�ORE , the parties cavenaut, ac�re� , ar.d'convey to a 'eacl� othier ,in" the fol.Iawinq manner: _ _ � ` z.�;;; : �, ;� � - 1. Ar� easement for a co�uiton c'iri'veway and utili�y right-of•- way in favor of .Lot 3, owned by KendalZs, is created over that property hereinbefore describ�d as the: "common easement" ; and concomitantly an easement for a common driveway and util.ity rightrof-way is: crea�ec'i: in Eavor of �ot 4, '.owned by Ford over the "common easement" , for Ehe purpase o€ cr�ating a common ,' driveway 20 feet in wid�h for ttie benefit of both o£ such lots. 2. The parties, their respective successors and assigns, shali use the ric}hts herein granted with due regard to the rights. of all, and sha}.1 not 'use. the common driveway or utility right-of-way in any way :that would impa.ir the rights nf tY�e other party to such use; the parties agree furtYier, that they mutually shail so maintain and operate the common driveway and right--o£- way in such a manner that �he opera�tion thereof wiil in no way h-inder or prevemC. its prc�per and reasonable use by both. �.. 3. By these presents, the "common easement" shall be restricted in its use by the parties, their succ�ssors and " assigns, in the fol.l.owi.ng respect, to wit: �,. A. No party, his successors or assi.gns, sha11 park any vehicle (motor or non--motor) , or place any object upon the common easement, so as to impede or pbstruct acces� .thereupon by the other party, his successors or assa.giis; and in no event, shali any party to this agree- ment, his successors or .assigns, park or allow to be placc:d upon said common easement any recreational v�I�icle (RV) , camper, or trailer, as such vehicles are generica�ly known; B_ I+�o party, his successors or assiyns, shall- :perma.•t any auto or _motor vehicle repair or maintenance to- be per£ormed or conducted upon the common easecnent; C. No party, his successors or assigns, shall allow or permit any ittotorcycles, motar powered "go-karts" , ,, snowmobiI.es, or any other motorized ."off--the-rc�ad vehicl.e" to be parked, placed, or driven upon the common easement at any time; D. With resgect to the storage or placement of garbage cans or cantainers upan the CpMIt10T� easement, no party, hi.s successors or assigxis, shall place or set' thereupon any garbac}e can(.$) or refuse container(s) for a period in excess of 24 hours at an,� one time; and such trash cans or containers may only be placed upon such common easement on those days that it is customary for such re�use or garl�age to be transpqrted away by refuse r�mova]. servic�s that are available. In na event shall any uncovered garbage can or z�efuse container 3�e plac�d or s�t upan such cammon easement at any time. 4. Th� respecL-ive owzers di th� �wo lats clescribed above, their successors and assigns, shall contribute ratably on a share arid shara alilc� basis (50-50) i:o the cost of any materials and labor us�d in the repair and maintenanc� of said cammon easement (dri.veway or utility ri.ght-of-way) ; furthezmore, such owners, their successors and assigns, shall contributc on a ratable basis, _ share and shaz�e alike, to the cost of siiow removal from the common easemen-t in order to allow for access to the respective lots. �. 7n t'ric ev�nt that i� sY.all become nec�ssary for either party, hi� successors or assigns, to enforce any af the provisions of- this a.gre�ment, by injunc�ion or otherwi.se, the prevailing ��arty shall. be entitic�d to his reasonable costs incurred, damages sust�i.ned, �ogetner with reasonabl� aY-torney's fees expended. _2_ � '_'" "5 i t �TE S S^ • . � . , . ' , . ' � . •�_'" � , . . . ., . . , . . . � � � • . . . . . .. . . •' . . . . . 6. xhis eas�iaent agreement i� super.ior and �paramount,.to .the �,, x�ghts of any of _the parties h�reto in ;the respecti�e serva.etit e�tates, sb created;. and the parties, their suacessors and assigns, � ' ' furth�r az�ree that the grovision�, covenants, and restirictions '. - �; herei:n_ contained, sha11 run w�.th th� land. �;' , . IN;•WxTL�ESS..;�11IEREOF. tYne � part�ies hereto have �executed this ,. , agreeirient a� Va.a:l:, Colorado,"the day and year first above wriL-tien. Y _ f� � �,Y �� Rr�liert .M. Ken a ��. _ y . t��C �.v � . a . � . ' . �' ". ..:. . . . . : . . cT �, �; �� ^: .. . . ... ." � . \ �:.. .�.-.. .� . ... .: . � .. . .� .'.: . ._ . . . • -. � .o ,a . , n , , .. �� , :� _ �; F:.> . - :._�. . .. .., ... . .., ... . . .. ,. . . "� - _ ' � .. ,. . :..-, . . -. i ;. .;: Ro .rt E. Fo�d � . , ,. . . ...-. . , �; '' ; ,.. < _ � . : j` . .. . ' :.:� � , . . Si . � STATE �OF .COI:ORADO ) 5 �, S:g.. x, _ Coun�ty of Eagle - 1 : <: i; �%Y. _ . . . - . . .. . - . .. ' �1:. ' . . . - " - . . .. . _ . � _ Subscribed an�d s�lorn to:be�ore me this 6� day ;of t�ay x, ` T980, by..Robert �i. Rendall ;aricl' .G?.ori.a J. Kend��;=hus}aand_:and. : :. . . . �: zv�fe� and Rab�rt ';E. Ford. a single person. ;'�. :., .. . , . _ , �; �" Witness my ..hand and official sea3.. ' My commission expires: ��,'� E r� �:-,�� ,, 1.9$?- ` , /j y . . . �.'R_A,a ��,1 ^' • '4 ,A C'_-�,fi�,y.�- Notary Pu ic �- . r . *' _ �� _ � � � - . , _ ; : >:: °.: _ . ` ` ' , > ... .. ;. . _ ,... , ,. . . _ _ -.,:, , . - . ;_ _ . _. _ :: " ; . , .. :. :, , ;: -3- .t . � . ., .�r � *- ..,...,_.f._�_�.. . t.. _.��. _ .,_,�._. ,._ . . . ;: .�. . . . .._ .. _ , y' tilC�f 111ID p�i fD�flQlR�...+. , �� `:��cr 4 ' � � Ae iuwnt toc iaqrn� +ad �gH�� for�ae 1�d iot 1, , . ^ , ; �loet S, ►ai171ll�ga Y'AirtNaN liltng� �o�m ot naii, a,qi. ! , Counfy, 4Dlo��dor �r�u9 10 !Nt'oe�reh �id�of tb� follariaq u � � ° � dncrib�d ant�rlin�:� � " T� � � � : ! Cawencio�9 �t t� laitAa�t oacau ot uid Lot it t��nu �. , �,�' �Y.47 iqt tlong tlu �rc of a SOG.7/ loot r�dlw cncv� to tta }� , I�tt rho�c�ctr�l so91� i� 4�'{I'03• uid rhoa lpng chord , . ' �� , betr� �I N�]9'1i• M �7.0T t�et W tM taiet of M9inuing� ( ' th�r,u M �0`»'31' E 12.6! fatt tMnc� A Sl')6'16' E 69.55 f��ti th�nn/ 01•77'2S' t lt.SQ t�ett the�t M 2i•O?')7• t • � � � r � �' f ' �' fb.Sl hnt to t�t Pcin!ot 7eesinn�, lror vheec� t!M IbrkAn:t ; � ��. o� . � ; core�r o! i.lQ tot 1 b�u� S �t ]!'S7' r )�.SO f�et. _ i ��M� . ; . .. � i , . lQT 4 � � � ' ' qAiVE UArA . ' � � CURVE TA AA � T � � � � . � . � � � � + . � 1 • �Qj 3 B . 1 5'04 0� t3�/D' �3,d9` Nl.'09'2�iH 2 t6' � `N. j' ' . � . � , , • � : , � ,,,� � g � �" t . ! ' �rs�'�c..-.�—� � � �,�. . ,,� � i�.:�� . � � �� . � . � � ' � f 1� . � ► � .1 , ' �`� � / , � r . � j � / n �" � � � �q � � .. � . . . � � p � ( � i � � , , . . ,, „' � . , — ..-- ., 0 �. �p,... , r � � ' � � . . �..,` . . . 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