Loading...
HomeMy WebLinkAboutDRB130279 Application, Plans and Action FormProjectName:CAREYADDITION DRBNumber: DRB130279 ProjectDescription: ADDITIONOFA214SQUAREFOOTEXCERCISEROOMANDDECKTOTHEREAROFAN EXISTINGRESIDENCE. Participants: OWNER 2002CAREYFAMILYTRUST, MIC07/15/2013 6817ELAINEWAY SANDIEGO CA 92120-3932 APPLICANT 2002CAREYFAMILYTRUST, MIC07/15/2013 6817ELAINEWAY SANDIEGO CA 92120-3932 ARCHITECT PEEL/LANGENWALTERARCHITECTS07/15/2013 Phone: 970-476-4506 P.O. BOX1202 VAIL CO 81658 License: C000001401 ProjectAddress:2785BALDMOUNTAINRDVAIL Location: LegalDescription:Lot: 3Block: 1Subdivision: VAILVILLAGEFILING13 ParcelNumber:2101-034-0101-9 Comments:Seebelow. BOARD/STAFFACTION MotionBy: Action: STAFFAPP SecondBy: Vote: DateofApproval: 07/26/2013 Conditions: Cond: 8 PLAN): NochangestotheseplansmaybemadewithoutthewrittenconsentofTownof Vailstaffand/ortheappropriatereviewcommittee(s). Cond: 0 PLAN): DRBapprovaldoesnotconstituteapermitforbuilding. Pleaseconsultwith TownofVailBuildingpersonnelpriortoconstructionactivities. Cond: 201 PLAN): DRBapprovalshallnotbecomevalidfor20daysfollowingthedateof approval, pursuanttotheVailTownCode, Chapter12-3-3: APPEALS. Cond: 202 PLAN): Approvalofthisprojectshalllapseandbecomevoidone (1) yearfollowing thedateoffinalapproval, unlessabuildingpermitisissuedandconstructionis commencedandisdiligentlypursuedtowardcompletion. Cond: CON0013340 PLAN) Priortotheissuanceofabuildingpermit, theapplicantwillcompletethe One-TimeRoofingExemptionform. Planner:JonathanSpence DRBFeePaid: $300.00 TOWN OF VAIL, COLORADOCopy Reprinted on 07-15-2013 at 14:08:10 07/15/2013 Statement Statement Number: R130000979 Amount: $300.00 07/15/201302:08 PM Payment Method:Check Init: DR Notation: CK# 2703 MICHAEL CAREY Permit No: DRB130279 Type: DRB - Addition of GRFA Parcel No: 2101-034-0101-9 Site Address: 2785 BALD MOUNTAIN RD VAIL Location: Total Fees: 300.00 This Payment: 300.00 Total ALL Pmts: 300.00 Balance: 0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts DR 00100003112200 DESIGN REVIEW FEES 300.00 i CE a V partment of Community Development0D75SouthFrontageRoad Vail, CO 81657 JUL 115 2013 Tel: 970-479-2128 www.vailgov.com to;gVPr Development Review Coordinator AlTOWNOFV Application for Design Review Additions - Residential or Commercial General Information: This application is required for all proposals involving the addition of any floor area, including net floor area and/or gross residential floor area (GRFA). This also includes proposals for `residential 250 additions' and interior conversions'. Applicable Vail Town Code sections can be found at www.vailgov.com under Vail Information - Town Code Online. All projects requiring design review must receive approval prior to submitting a building permit application. An application for Design Review cannot be accepted until all required information is received by the Community Development Department, as outlined in the submittal requirements. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design review approval expires one year from the date of approval, unless a building permit is issued and construction commences. Fee: 300 Single Family Duplex €_ Multi-Family Commercial R r, Description of the Request: Addition of -L -- sq ft of GRFA(Residential)or sq ft of net floor area (Commercial/ Office) Physical Address: Parcel Number: 2,J01- 0&4-01-,0H (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: M! -_IAQg2j _i, (0)1e cat ° . t Lit exl Mailing Address: r' 7 1a_k . 0-1-3 te,v FJL M1 r III l'!gV t gone• Owner's Signature: Primary Contact/Owner Representativ 2 Mailing Address: Phone: E-Mail: j,°t_Fax: For Office Use Only: Cash_ CC: Visa/ MC Last 4 CC#Exp. Date: Auth #Check# Fee Paid: A o O.o o Received From: M1 CN f4EL C_ pr--q Meeting Date: D A -D7- 1 DRB No.: _Q?_(313 0 a7 9 Planner: Project No: P RS 13 — D A Q 14 Zoning: Land Use: Location of the Proposal: Lot:_ _ Block:_ Subdivision: AIL 1 WAr EiL,A.)Q 13 Property Information Property Address i Parcel# M. t Legal Description j I } of c.,- V i Development Site Area sq ft r, acres buildable soft 17 if/ l7J 7i7 Zone District I SDD# t— t-, Hazard Zones Snow Avalanche F-High Severity [—Moderate Severity N/A Sections 12-21 & 14-7 Debris Flow F_High Flow f— Moderate Flow High Avalanche N/A Rock fall F High Severity i..Medium Severity F?N/A Excessive Slopes 30% N/A Floodplain 100 year floodplain Floodway Wetlands KN/A Creeks,Streams LJGore Creek ron site F adjacent to site N/A Section 12-14-17 Other tributary: Ron site adjacent to site N/A Project Information Project Description Development Standards Allowed Existing Proposed Gross Residential Floor Area Primary sq ft maximum) Chapter 12-15 Secondary sq ft EHU sq ft TOTAL sq ft 0`' 250 Addition Interior Conversion Credits: Setbacks(minimum) Front ft I Section 14-10-4 Side ft I Side ft Rear ft Watercourse ft Site Coverage(maximum) see definition Section 12-2-2 1i Building Height(maximum) Slo i see definition Section 12-2-2 Flat ft Landscaping Softscape sq ft See definition Section 14-2-1 t Section 14-10-8 Hardscape sq ft i v, e2 TOTAL sq ft Driveway Max Curb-cuts Sections 14-3-1 & 14-3-2 Max Grade @ centerline Min Width Heated drive? Yes No Yes F—No Snow Storage% Parking Enclosed Spaces 2 Sections 12-10& 14-5 Unenclosed 2 TOTAL Outdoor Lighting(maximum)fixtures Section 14-10-7 7 117 PROPOSED MATERIALS Buildinq Materials Type of Material Color Roof Tj W aGi+Eay i _ ,)rjd Siding C 1 1 Other Wall Materials/ Fascia Soffits PWindows Window Trim ZA Doors Door Trim Hand or Deck Rails r( J_ \I\j1 a Ie, S--X i 1_ W- Flues AT Flashing Chimneys Trash Enclosures Greenhouses A Retaining Walls J Exterior Lighting Other bVd al/56 0+ ,ex ide NOt". l online*Fgartners G 1 products finishes/diffusers custom our repsIlflht/rip wltt thip turr e.r• plerr efr t warranty welcome! please sign in or register here 5"h x 15"w x 4"d 09-Wet Loc - 1 x 26W GU24 Opal Acrylic Diffuser ADA 0 in compliance with the americans with disabilities act 0 suitable for wet location dark sky compatible click for laraer view modified sizes and tamping available. call with questions Toth side or to receive a quote. view spec sheet A print page ® email this page I-- tookmari.page 0 view diffusers i Q view finishes r 15 rr _.__,--1 411- Cast Bronze <CB> Opal Acrylic <OA> 05-Wet Loc - 1 x 26W Quad G24Q3 Quantity: 1 Add to Portfolio Po%vered b', Nuoom Web Hosting i PROPOSED LANDSCAPING Botanical Name Common Name Quantity Size PROPOSED TREES P C2 AND SHRUBS L EXISTING TREES TO BE REMOVED Jo Minimum Requirements for Landscaping:Deciduous Trees-2" Caliper Coniferous Trees-6' in height Shrubs-5 Gal. Type Square Footage GROUND COVER SOD tSEED All IRRIGATION TYPE OF EROSION CONTROL A-6 Please specify other landscape features (i.e. retaining walls,fences, swimming pools, etc.) S peel/langenwalter architects, I.I.c. david m. peel, a.i.a. kathy langenwalter p.o. box 1202 vail, co 81658 970-476-4506 plarch(a.vail.net July 15, 2013 Design Review Board Town of Vail 75 S. Frontage Road Vail, CO 81657 RE: Carey Residence Exercise Room and Deck Addition 2785 Bald Mountain Road Lot 3, Block 2, Vail Village Filing 13, Town of Vail, CO Dear Design Review Board Members; This application to the Design Review Board is to review a building addition and deck to the existing residence at 2785 Bald Mountain Road, Lot 3, Block 2, Vail Village Filing 13. The one story 214 square foot GRFA addition is located adjacent to the existing master bedroom on the north and rear side of the house. With the exception of the roof covering, all colors, materials and detailing are to match those of the existing building. These include but are not limited to the floor level, roof pitch, fascia, siding, flashings, windows and deck railings. The Careys understand that the Town of Vail Code requires that the existing wood shake shingles be replaced with a class A roof covering material. However, they will be doing additional work to their residence next spring that will entail over-framing of the existing roof. Therefore, they respectfully request that the Design Review Board allow the onetime exemption described in the following section of the Town of Vail Code: 14-10-5: F.1. b. Additions: All additions affecting roof area shall trigger compliance of the roof structure of a single-family dwelling unit... except for a onetime exemption of up to five hundred (500) square feet of GRFA, occurring after February 6, 2007, where any addition of roof area does not share a plane or ridge with the nonconforming roof, and may only share a valley. The additional roof area shall conform to roofing regulations, and shall be deemed compatible by the design review board. As stated above, the addition is less than 500 square feet GRFA, the roof does not share a plane or ridge with the nonconforming roof and is not visible to neighbors. The roof covering for the additional roof area will be GAF TimberlineHD —Weathered Wood which will conform to the roofing regulations and be compatible with the existing weathered shakes. Carey Residence Exercise Room and Deck Addition 2785 Bald Mountain Road Lot 3, Block 2, Vail Village Filing 13, Town of Vail, CO July 15, 2013 Page 2 of 2 In addition, this application includes the following: 1. The addition of a new bathroom window on the north side of the building. 2. Removal of the existing fixed/awning windows in the master bedroom and installation of new metal clad sliding patio doors with a fixed transom above as indicated on the Northeast Elevation. Thank you for your consideration of this project. Yours truly, Kathy Lan nwalter Peel/Langenwalter Architects, L.L.C. I 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 ri Stewart titioCindy 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 includes 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 affecting 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 "encroachment" 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 governmental 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: A'r fir»} tale guaranty company A orirta Countcrsi_nature Matt Morris Stewart Title-Edwards tittiE President and CEO 97 Main Street, Ste W-201 Edwards, CO 81632 19oa °* 970) 926-0230 Agent ID: 060058 zat, Denise C rraux Secretary 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. A Ni i.R:.it::AN All other uses are prohibited. Reprinted under license from the American Land Title Association. t I I.R. 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 alternative remedy, of a transfer of all or any a judgment or lien creditor. part ofthe 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 governmental regulation(including 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 enjoyment of the Land; d) attaching or created subsequent to Date of Policy(however,this ii) the character, dimensions, or location 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 governmental 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 1. 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 f) "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 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 Title 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 affiliated 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 ofthis Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AM 1,Pit AN All other uses are prohibited. Reprinted under licensefrom the American Land Title Association. 1A10 M11, Al11J-i.O, File No. 01330-22145 Wk Page 2 of Policy Serial No.:0-9301-001840424 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 authorized 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 Title. 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 parry 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 furnish 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 governmental 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 claim 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 themattersinsuredagainstbythispolicy. 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 payInsuredtoobjectforreasonablecause)to represent the Insured or tender payment of the Amount of Insurance under this policyastothosestatedcausesofaction. It shall not be liable for and together with any costs, attomeys'fees, and expenses incurredwillnotpaythefeesofanyothercounsel. The Company will not by the Insured Claimant that were authorized by the Companypayanyfees, costs, or expenses incurred by the Insured in the up to the time of payment or tender of payment and that thedefenseofthosecausesofactionthatallegemattersnotinsuredCompanyisobligatedtopay. Upon the exercise by theagainstbythispolicy. Company of this option, all liability and obligations of the b) The Company shall have the right, in addition to the options Company to the Insured under this policy,other than to make thecontainedinSection7oftheseConditions, at its own cost, to payment required in this subsection, shall terminate, includinginstituteandprosecuteanyactionorproceedingortodoanyanyliabilityorobligationtodefend, prosecute, or continue anyotheractthatinitsopinionmaybenecessaryordesirabletolitigation. establish the Title, as insured, or to prevent or reduce loss or (b) To Pay or Otherwise Settle With Parties Other Than the InsureddamagetotheInsured. 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 theliabletotheInsured. The exercise of these rights shall not be an name of an Insured Claimant any claim insured againstadmissionofliabilityorwaiverofanyprovisionofthispolicy. If under this policy. In addition, the Company will pay anytheCompanyexercisesitsrightsunderthissubsection, it must costs, attorneys'fees,and expenses incurred by the Insureddosodiligently. Claimant that were authorized by the Company up to thec) Whenever the Company brings an action 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 jurisdiction, and it expressly reserves the right, in its sole ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy,together with anydiscretion,to appeal any adverse judgment or order. costs, attorneys'fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the6. DUTY OF INSURED CLAIMANT TO COOPERATE a) In all cases where this policy permits or requires the Company to time of payment and that the Company i obligated to pay. tUpontheexercisebytheCompanyofeither of the optionsprosecuteorprovideforthedefenseofanyactionorproceedingprovidedforinsubsections (b)(i) or (ii), the Company'sandanyappeals, the Insured shall secure to the Company the obligations to the Insured under this policy for the claimed loss orrighttosoprosecuteorprovidedefenseintheactionordamage, 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 this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AM I k.h04 All other uses are prohibited. Reprinted under license from the American Land Title Association. htuxtxri» File No. 01330-22145 Page 3 of Policy Serial No.: 0-9301-001840424 Sill 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 any 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 the value of the Title subject to the risk insured against by 14. ARBITRATION 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%,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, attorneys' 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 establishes 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 ENTIREmethod,including litigation and the completion of any appeals, it CONTRACTshallhavefullyperformeditsobligationswithrespecttothat 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 settling 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 attomeys'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 shall 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 B 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 determined 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 validity 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 caseInsuredClaimantintheTitleandallotherrightsandremediesinshallthecourtorarbitratorapplyitsconflictsoflawprinciplesto 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 byfees, and expenses paid by the Company. If requested by the the Insured against the Company must be filed only in a state orCompany,the Insured Claimant shall execute documents to evidence federal court within the United States of America or its territoriesthetransfertotheCompanyoftheserightsandremedies. 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 ofthe date of use. Anit KWA:v All other uses are prohibited. Reprinted under license from the American Land Title Association. 1 Ali,tt t tr nS i34.,i7 ix)\ File No. 01330-22145 Page 4 of Policy Serial No.:0-9301-001840424 y 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. 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. Int*r` All other uses are prohibited. Reprinted under license from the American Land Title Association. 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(6/17/06) 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 Page 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 Paae 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. All other uses are prohibited. Reprinted under license from the American Land TitleAssociation. 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(6/17/06) 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. 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.ir[xsC All other uses are prohibited. Reprinted under license from the American Land Title Association. s+o xFx,x File No.01330-22145 Page 2 of 2 STEWART TITLE CO STG ALTA Owner's Policy Sch B SE GUARANTY COMPANY I 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 Act(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 Nocustomeraccounts, 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 sharecommonownershiporcontrol. 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-affiliate, 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 computer, file. and building safeguards. 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 companies. 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 your personal information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy 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: stewaft title guaranty company Matt MorrisOnZrdntersignaturePresidentandCEO Stewart Title-Edwardsv+. apaa9s 97 Main Street, Ste W-201 ee rtEdwards, CO 81632 t eox ' Agent ID: 060058 s Denise C rraux Secretary Endorsement E-9851-244133095SerialNo. File No.01330-22145 Page 1 of 1 STG CLTA Form 110.1 Deletion of Exception ALTA Owner GAF Timberline HD Weathered Wood Design Review Staff Approval By jspence at 2:00 pm, Aug 09, 2013 Design Review Staff Approval By jspence at 2:01 pm, Aug 09, 2013 Design Review Staff Approval By jspence at 2:03 pm, Aug 09, 2013 Design Review Staff Approval By jspence at 2:03 pm, Aug 09, 2013