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Home My WebLink AboutADM130013 ADMINISTRATIVE ACTION FORM Department of Community Development 75 South Frontage Road Vail, CO 81657 tel: 970-479-2138 fax: 970-479-2452 web: www.vailgov.com Project Name:SUMMERS LODGE REPLAT Application Type:CondThPl ADM Number: ADM130013 Parcel: 2101-082-5900-3 Project Description:AMENDED CONDOMINIUM PLAT Participants: OWNER GRAHAM, RICHARD & KIMBERLY 08/16/2013 4 BROOK LN PAOLI, PA 19301 APPLICANT GRAHAM, RICHARD & KIMBERLY 08/16/2013 4 BROOK LN PAOLI, PA 19301 Project Address:123 WILLOW PL VAILLocation: SUMMERS LODGE UNIT 3 Legal Description: Lot: 5 Block: Subdivision: SUMMERS LODGE CONDO Comments:See Conditions BOARD/STAFF ACTION Motion By: Action: PLAN CK Second By: Vote: Date of Approval: 08/09/2013 Meeting Date: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner:Joe Batcheller DRB Fee Paid: $100.00 ******************************************************************************************** TOWN OF VAIL, COLORADOCopy Reprinted on 08-16-2013 at 10:43:21 08/16/2013 Statement ******************************************************************************************** Statement Number: R130001217 Amount: $100.00 08/16/201310: 43 AM Payment Method: Check Init: DR Notation: CK# 8767 RICHARD GRAHAM ----------------------------------------------------------------------------- Permit No: ADM130013 Type: Administrative Parcel No: 2101-082-5900-3 Site Address: 123 WILLOW PL VAIL Location: SUMMERS LODGE UNIT 3 Total Fees: $100.00 This Payment: $100.00 Total ALL Pmts: $100.00 Balance: $0.00 ******************************************************************************************** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------- ------------------------------ ------------ PV 00100003112500 Administrative Fee 100.00 ----------------------------------------------------------------------------- i Department of Community Development 75 South Frontage Road TOWN OF VAIL Vail, CO 81657 Tel: 970-479-2128 www.vailgov.com Development Review Coordinator Administrative Application Condominium and Townhouse Plat General Information: Condominium and townhouse plats which do not constitute "conversions" from rental as defined in Section 13-7-2, Definitions, Vail Town Code may be approved by the administrator, subject to review by other Town of Vail departments. Please see Section 13-6, Condominium and Townhouse Plats, Vail Town Code for more detailed information. Vail Town Code can be found on the Town's website at www.vailgov.com. Fee: $100 Recording Fees: Please visit the Eagle County website httr)://www.eaglecountV.us/Clerk/Recording/Record a Document/for the most up-to-date recording fees and check with your planner prior to submitting the payment. A check written out to the Eagle County Clerk and Recorder is required to be submitted once the plat has been approved by the Planning and Environmental Commission and prior to the recording of the plat. Description of the Request: Amended Condominium Plat `` Physical Address: 123 Willow Place -sufn n16QS Lon&r, Uro►r 3 Parcel Number: 2101-082-59-003 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: Richard& Kimberly Graham Mailing Address: 4 Brook Lane, Paoli, PA 19301 Phone: Owner's Signature: Primary Contact/Owner Representative: Sam Ecker Mailing Address: PO Box 15, Avon, CO 81620 Phone: 970-479-8698 E-Mail: sam @gorerange.net Fax: I For Office Use Only: Cash_ CC: Visa/ MC Last 4 CC# th # Check#�7 Fee Paid: 41 DO,o0 Received From 1CARRfl )9 ki))1AM Meeting Date: ADM No.: �4Jn-i 13 d� l3 Planner: Project No: PLZY 13- 0434-1 Zoning: Land Use: Location of the Proposal: Lot:_ Block:_((Subdivision: V /L Y LAG F11,11iG EAGLE COUNTY, CO 201123871 TE,d: 31I014—Gd • . Pas: 3 12:14:23PM 12/22%2011 a WARRANTY DEED THIS WARRANTY DEED is made and entered into this day of December,2011, by and among DONALD ZALE and BARBARA JEAN ZALE (collectively, "First Parties") whose legal address is 26 Stonecourt, Dallas, Texas 75225 and RICHARD GRAHAM and KIMBERLY GRAHAM (collectively, "Second Parties") as Joint Tenants with rights of survivorship,whose legal address is 4 Brook Lane,Paoli,Pennsylvania 19301. WITNESSETH That the said First Parties,for and in consideration of the sum of FOUR MILLION SEVEN HUNDRED THOUSAND DOLLARS,and other good and valuable consideration to the First Parties in hand paid by the Second Parties,the receipt whereof is hereby confessed and acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm unto the Second Parties,their heirs and assigns forever,not as tenants in common but as Joint Tenants with rights of survivorship, the certain lot, parcel and/or interest in land and improvements,situate,lying and being in the County of Eagle and State of Colorado,to wit: CONDOMINIUM UNIT 3,SUMMERS LODGE CONDOMINIUMS according to the Condominium Map recorded August 25, 1986 in Book 447 at Page 377 and as described in the Condominium Declaration thereof recorded August 25, 1986 in Book 447 at Page 376,County of Eagle,State of Colorado(the"Property");and also known as street and number 123 Willow Place,Condominium Unit 3,Vail,CO 81657. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and all the estate,right,title,interest,claim and demand whatsoever of the said First Parties, either in law or equity, of, in, and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,unto the Second Parties,as Joint Tenants with rights of survivorship,and their heirs and assigns forever. And the First Parties,for themselves,their heirs,executors and administrators, do covenant,grant,bargain and agree to and with the Second Parties,their heirs and assigns,that at the time of the ensealing and delivery of these presents,they are well seized of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and have good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever,EXCEPT general taxes for 2011 and subsequent years and those items shown on Exhibit "A"attached hereto and made a part hereof for all purposes;and the above bargained premises in the quiet and peaceable possession of the said Second Parties,the survivor of them,their assigns and WARRANTY DEED-Page 1 C.0ocuments and Settings\Leigh\My Documents)ClientstZaleD.GeneraPdeed..pd 201123871 1 OF 5 the heirs and assigns of such survivor,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said First Parties shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. The Property hereby conveyed by First Parties to Second Parties and accepted by Second Parties from First Parties in its present condition,as is,where is and subject to all faults. IN WITNESS WHEREOF the said First Parties have hereunder set their hand and seal the date and year first above written. onald Zale Barbara Jean 2ale AGREED AND ACCEPTED: R' and Graham mberly Graham WARRANTY DEED-Page 2 CADocuments and Se«ingALeigh\My Documents\Clients\7sleD.Genaalldeed.wpd 201123871 2 OF 5 i i STATE OF TEXAS COUNTY OF DALLAS The foregoing instrument was acknowledged before me this 17 day of December,2011,by Donald Zale and Barbara Jean Zale. Witness my hand and official seal SEWal11 KO OF117�1s Notary Public,State of Texas KEv t2110f1S STATE OF �(D Q-61.1) COUNTY OF The foregoing instrument was acknowledged before me this Z2!-�day of December, 2011, by Richard Graham and Kimberly Graham. Witness my hand and official seal T.A. MATARESE Notary Public,State of Cc,1UlGC U NOTARY PUBLIC t STATE OF COLORADO WARRANTY DEED-Page 3 C:\Documents and Settings\LeighlAy Documents\Clients2aleD.Genml\deed.wpd 20112 M 3 OF 5 EXHIBIT "A" LEGAL DESCRIPTION File No.: 01330-3018 Condominium Unit 3, SUMMERS LODGE CONDOMINIUMS; According to the Condominium Map recorded August 25, 1986 in Book 447 at Page 377 as Reception No 343619 and as described in the Condominium Declaration recorded August 25, 1986 in Book 447 at Page 376 as Reception No.343618. COUNTY OF EAGLE, STATE OF COLORADO File No 01330-3010 Exhibit A Legal Description Page 1 of 1 201123871 4 OF 5 EXHIBIT"A" DEED EXCEPTIONS 1.Taxes for the year 2011 and any subsequent years not yet due and payable. 2.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 3.Reservations or exceptions contained in U.S.Patents,or in Acts authorizing the issuance thereof, recorded April 12, 1899 in Book 48 at Page 475 reserving 1)Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2)rights of way for ditches and canals constructed under the authority of the United States. 4.Protective Covenants for Vail Village First Filing,recorded August 10, 1962 in Book 174 at Page 179 as Reception No.96381. 5.All matters as shown on the plat of Vail Village First Filing, recorded August 10, 1962 in Book 174 at Page 180 as Reception No.96382. 6.Condominium declaration for Summers Lodge Condominiums recorded August 25, 1986 in Book 447 at Page 376 as Reception No.343618. 7.All matters as shown on the Condominium Map for Summers Lodge Condominiums recorded August 25, 1986 in Book 447 at Page 377 as Reception No.343619.Vacation of Easement recorded April 26,1989 in Book 505 at Page 18 as Reception No.401202. 8.Resolution Accepting a Dedication of a Pedestrian Easement recorded September 2, 1986 in Book 447 at Page 856 as Reception No 344098. Stewart Title He Number: 01330.3018 Page 2 921 JT WARRANTY DEED(To Joint Tenants)STCO 201123871 5 OF 5 Land Title Guarantee Company Date: 11-07-2008 Land Title Our Order Number: V50022432-4 (,UARAN I t!LONIVANY Property Address: UNIT 1, SUMMERS LODGE CONDOMINIUM, AKA 123 WILLOW PLACE VAIL, CO 81657 Buyer/Borrower: C.P. VENTURES, LIMITED PARTNERSHIP, A MICHIGAN LIMITED PARTNERSHIP Seller/Owner: WILLIAM T.JACOBS,JR. Wire Information: Bank:FIRSTBANK OF COLORADO 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 Phone:303-237-5000 Credit:LAND TITLE GUARANTEE COMPANY ABA No.:107005047 Account:2160521825 Attention:Aimee Dupont Need a map or directions for your upcoming closing? Check out Land Title's web site at www.Itgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 $7,270.00 Deletion of Exceptions 1-3 (Owner) $40.00 Deletion of General Exception 4 (Owner) $10.00 Tax Report R006281 $25.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $7,345.00 F.=CONTACT 06/04 THANK YOU FOR YOUR ORDER! } Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50022432-4 Schedule A Cust. Ref.: Property Address: UNIT 1, SUMMERS LODGE CONDOMINIUM, AKA 123 WILLOW PLACE VAIL, CO 81657 1. Effective Date: March 26, 2008 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $4,300,000.00 Proposed Insured: C.P. VENTURES, LIMITED PARTNERSHIP, A MICHIGAN LIMITED PARTNERSHIP 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: WILLIAM T.JACOBS,JR. 5. The Land referred to in this Commitment is described as follows: CONDOMINIUM UNIT 1, SUMMERS LODGE CONDOMINIUMS ACCORDING TO THE CONDOMINIUM MAP RECORDED AUGUST 25, 1986 IN BOOK 447 AT PAGE 377 AND AS DESCRIBED IN THE CONDOMINIUM DECLARATION THEREOF RECORDED AUGUST 25, 1986 IN BOOK 447 AT PAGE 376, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50022432-4 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 2. (ITEM INTENTIONALLY DELETED) 3. (ITEM INTENTIONALLY DELETED) 4. (ITEM INTENTIONALLY DELETED) 5. RELEASE OF DEED OF TRUST DATED MAY 18, 1988 FROM WILLIAM T.JACOBS,JR. TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF UNITED BANK OF DENVER TO SECURE THE SUM OF $500,000.00 RECORDED MAY 24, 1988, IN BOOK 484 AT PAGE 495. 6. WARRANTY DEED FROM WILLIAM T. JACOBS,JR. TO C.P. VENTURES, LIMITED PARTNERSHIP, A MICHIGAN LIMITED PARTNERSHIP CONVEYING SUBJECT PROPERTY. 7. CONSENT RESOLUTION OF C.P. VENTURES, LIMITED PARTNERSHIP, A MICHIGAN LIMITED PARTNERSHIP AUTHORIZES PAUL NAVETTA AS THE AUTHORIZED AGENT TO ACT ON BEHALF OF C.P. VENTURES, LIMITED PARTNERSHIP, A MICHIGAN LIMITED PARTNERSHIP. THE FOLLOWING DELETIONS/MODIFICATIONS ARE FOR THE OWNER'S POLICY. NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50022432-4 Continued: UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF WILLIAM T.JACOBS, JR.. CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF C.P. VENTURES, LIMITED PARTNERSHIP, A MICHIGAN LIMITED PARTNERSHIP. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: i TAXES AND ASSESSMENTS FOR THE YEAR 2008 AND SUBSEQUENT YEARS. ITEM 7 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND SEWER CHARGES ARE PAID UP TO DATE. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50022432-4 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475. 10. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50022432-4 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 11. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED AUGUST 25, 1986, IN BOOK 447 AT PAGE 376. 12. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES AS SHOWN OR RESERVED ON THE CONDOMINIUM MAP OF SUMMERS LODGE CONDOMINIUMS RECORDED AUGUST 25, 1986 IN BOOK 447 AT PAGE 377. 13. ANY COVENANTS, AGREEMENTS, ASSESSMENTS AND/OR EASEMENTS FOR PUBLIC UTILITIES, SEWER, DRAINAGE AND OTHER INCIDENTAL PURPOSES THAT AFFECT THE COMMON ELEMENTS ONLY AS SHOWN ON THE MAP OF SAID CONDOMINIUM OR AS CREATED OR RESERVED IN VARIOUS INSTRUMENTS OF PUBLIC RECORD. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE.