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Home My WebLink AboutDRB130541 Project Name:NEW CONSTRUCTION DRB Number: DRB130541 Project Description: ADDITION OF NEW SECONDARY UNIT AND ADDITION/REMODEL OF PRIMARY UNIT WITH EXISTING DETACHED GARAGE Participants: OWNER CAROL WOODS SCHMIDT QUALIFIE 11/11/2013 3901 S GILPIN ST CHERRY HILLS VILLAGE, CO 80113 APPLICANT RESORT DESIGN ARCHITECTS 11/11/2013 Phone: 970-949-0899 X 3 PO BOX 6836 AVON CO 81620 License: C000002149 ARCHITECT RESORT DESIGN ARCHITECTS 11/11/2013 Phone: 970-949-0899 PO BOX 2320 AVON CO 81620 License: C000002149 Project Address:401 BEAVER DAM CR VAIL Location: Legal Description:Lot: 2 Block: 4 Subdivision: VAIL VILLAGE FILING 3 Parcel Number:2101-071-1100-2 Comments:See Conditions BOARD/STAFF ACTION Motion By:Kjesbo Action: APPROVED Second By:Gillette Vote:4-0-0 Date of Approval: 12/04/2013 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: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 (PLAN): DRB approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12-3-3: APPEALS. Cond: 202 (PLAN): Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Planner:Joe Batcheller DRB Fee Paid: $650.00 FicBOWC DDepartment of Community Development 0 NOV 11 2013 75 South Frontage Road TOWN OF VAII` Vail,CO 81657 IN 'Z-wpm Tel: 970-479-2128 TOWN OF Y L www.vailgov.com Development Review Coordinator Application for Design Review New Construction General Information: This application is for all new construction. Applicable Vail Town Code sections can be found at www.vailaov.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: $650 Single Family Duplex Multi-Family Commercial Description of the Request: Addition of new secondary unit and addition to,and remodel of,existing primary unit with existing detached garage. Physical Address: 401 Beaver Dam Circle Vail Colorado Parcel Number: 2101-071-11-002 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: _;Carol Schmidt Mailing Address: 3901 So. Gilpin Cherry Hills Village, CO 80113 /Phone: (3 3)761-6842 Owner's Signature: (�, _!'y,�dk-- Primary Contact/Owner Representative: Tom Frye, Resort Design Architects Mailing.Address: PO Box 2320 Avon CO 81620 Phone: 970-949-0899 x3 E-Mail: tfryetW-resortdesign.com Fax: 970-949-0933 For Office Use Only: Cash_ CC: Visa/MC Last 4 CC# Exp. Date: Auth# Check# _ Fee Paid: I kp— Received From: 5 -Ir Meeting Date: 12 L DRB No.: Planner: T Project No.: 13. C)tO88 Zoning: Land Use: Location of the Proposal: Lot:_9 Block: Subdivision: Vc4i V i 11c,ct, Department of Community Development 0 75 South Frontage Road TOWN OF VAIL Vail, CO 81657 Tel: 970.479.2128 www.vailgov.com Development Review Coordinator TRANSMITTAL FORM Use this form when submitting additional information for planning applications or building permits. This form is also used for requesting a revision to building permits. A two hour minimum building review fee of$110 will be charged upon reissuance of the permit. Application/Permit#(s)information applies to: Attention: (.,rRevisions A,,,,' ( ) Response to Correction Letter 401 GQA�t VAN1 Gl(LC 1..� �y�+(u�^j ,�M g,–j,,— _attached copy of correction letter Deferred Submittal ( ) Other Project Street Address: (Number) (Street) (Suite#) Building/Complex Name: Description of Transmittal/List of Changes, Items Attached: Applicant.Information Vt S,0^j S PEI?— L r^A(C-- ) (architect, contractor,owner/owner's rep) F Contact Name: Tp h EE I L ) E Address: { i s City AYOAJ State: GO Zip: Contact Name: (use additional sheet if necessary) Contact Phone:_ Building Permits: Revised ADDITIONAL Valuations (Labor&Materials) Contact E-Mail: (DO NOT include original valuation) I hereby acknowledge that I have read this application,filled out Building: $ in full the information required,completed an accurate plot plan, and state that all the information as required is correct. I agree to Plumbing: $ comply with the information and plot plan,to comply with all Town ordinances and state laws, and to build this structure according Electrical: $ to the town's zoning and subdivision codes, design review ap- proved, International Building and Residential Codes and other Mechanical: $ ordinances of the Town applicable thereto. X_ Total: $ Owner/Owner's Representative Signature (Required) Date Received: IE C E V For Office Use Only: D Fee Paid: NOV 2 2 2013 Received From: Cash Check# CC: Visa/MC Last 4 CC# exp.date: TOWN OF VAI L Authorization# I TRANSMITTAL RESORT DESIGN ARCHITECTS TO: Warren Campbell FROM: Tom Frye COMPANY: Town of Vail DATE: November 22, 2013 Community Development Department ADDRESS: 75 South Frontage Rd. West JOB NAME: 401 Beaver Dam Circle Vail Colorado JOB NUMBER: 23385 RE: DRB Revised Submittal Set CC: Carol Schmidt We are sending via Hand Delivered 10 Attached ❑Originals ❑ Copy of letter ❑ Specifications ❑Other ❑Under separate cover ®Prints ❑Shop drawings ❑Change Order ❑ (_ COPIES DATE DESCRIPTION 3 11.22.13 DRB Revised Submittal Set 1 11.22.13 Revised DRB Application Property Information ®For review and comment ❑For approval ❑For your information ❑For your use ❑As requested NOTE: Digital copies of all above information will be delivered via email. www.ResortDesign.com California: 625 Market Street Fourteenth Floor • San Francisco, CA 94105 •415.392.4433 • Fax 415.392.4454 Colorado: 30 Benchmark Road Suite 220 •Avon, CO 81620 • 970.949.0899 • Fax 970.949.0933 Property Information Property Address 401 Beaver Dam Circle Parcel# 2101-071-11-002 Legal Description Lot 2, Block 4, Vail Village Third Filing Development Site Area sq ft acres buildable sq ft 26,589 1.6104 26,589 Zone District/SDD# Two-Family Primary/Secondary Residential (PS) District Hazard Zones Snow Avalanche High Severity Moderate Severity F N/A Sections 12-21 & 14-7 Debris Flow r'High Flow ; Moderate Flow E] High Avalanche , N/A Rock fall �High Severity r Medium Severity (,lN/A Excessive Slopes r Z30% rl N/A Floodplain F 100 year floodplain Floodway ri;Wetlands )VA Creeks,Streams ✓ Gore Creek [on site adjacent to site v N/A Section 12-14-17 ❑Other tributary: on site adjacent to site N/A Project Information Project Description Addition of new secondary unit and addition/remodel of existing primary unit Development Standards Allowed Existing Proposed Gross Residential Floor Area Primary sq ft 4,804 s.f. 2,739 s.f. 3,038 'A' s.f. (maximum) Chapter 12-15 Secondary sq ft 3,203 s.f. 0 3,012 'B's.f. EHU sq ft NA NA NA TOTAL sq ft 8,007 s.f. 2,739 s.f. 6,050 s.f. 250 Addition Interior Conversion Credits: Setbacks(minimum) Front ft 20' Ex. non-conform Ex. non-conform Section 14-10-4 Side ft 15' 15' 15' Side ft 15' 15' 15' Rear ft 15' 52' 50' Watercourse ft 30' NA NA Site Coverage(maximum) see definition Section 12-2-2 20% =5,318 s.f. 1,917 s.f. 4,599 s.f. Building Height(maximum) Sloping ft see definition Section 12-2-2 Flat ft 33730' 20'-10" 32'-11" Landscaping Softscape sq ft See definition Section 14-2-1 Section 14-10-8 Hardscape sq ft 517 s.f. 2,252 s.f. TOTAL sq ft Driveway Max Curb-cuts 2 1 2 Sections 14-3-1 & 14-3-2 Max Grade @ centerline 12% Heated 10% 12% Htd. 10% not Min Width 12'/Flare to 16' 12'/Flare to 20' Varies,12 Min. Heated drive? Yes , No Yes No Snow Storage% 10%htd.30%unhtd 375 s.f. 317 s.f. Parking #Enclosed Spaces Sections 12-10& 14-5 #Unenclosed 2/1/3 per unit 2enc./Oun./2total 4enc./2un./6 total TOTAL Outdoor Lighting(maximum) #fixtures Section 14-10-7 1/1000 sf= 27 8 23 PROPOSED MATERIALS Buildina Materials Type of Material Color Roof Asphalt shingles Grey Siding Stucco White Other Wall Materials Vertical wood Dark Brown Fascia Wood Dark Brown Soffits Wood Natural Windows Aluminum Clad Dark Brown Window Trim Wood Dark Brown Doors Wood Dark Brown Door Trim Wood Dark Brown Hand or Deck Rails Wood Dark Brown Flues NA NA Flashing Copper Copper Chimneys Stone/Stucco Natural/White Trash Enclosures Metal Dark Brown Greenhouses NA NA Retaining Walls Stucco White Exterior Lighting Metal Copper/Brown Other PROPOSED LANDSCAPING Botanical Name Common Name Quantity Size PROPOSED TREES RE: Landscape plan RE: Landscape plan RE: Plan RE: Plan AND SHRUBS Typical all Typical all EXISTING TREES TO BE REMOVED Minimum Requirements for Landscaping: Deciduous Trees—2" Caliper Coniferous Trees—6' in height Shrubs—5 Gal. Type Square Footage GROUND COVER SOD SEED IRRIGATION TYPE OF EROSION CONTROL Please specify other landscape features (i.e. retaining walls, fences, swimming pools, etc.) Commitment for Title Insurance ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY,a Califomia corporation("Company"),for a valuable consideration,commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the Proposed Insured names in Schedule A,as owner or mortgage of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements;all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six(6)months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs,provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF,First American Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. CONDITIONS 1.The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument. 2.If the proposed Insured has or acquired actual knowledge of any defect,ken,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge.If the proposed Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect,ken encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of the Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment.In no event shall such liability exceed the amount stated in Schedule A for the pokey or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4.This Commitment is a contract to issued one or more title insurance policies and is not an abstract of title or a report of the condition of title.Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5.The policy to be issued contains an arbitration clause.AN arbitrable matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.You may review a copy of the arbitration rules as www.alta.org FIRST AMERICAN TITLE INSURANCE COMPANY Issued by: LAND TITLE GUARANTEE COMPANY 3033 EAST FIRST AVENUE SUITE 600 PO BOX 5440 (80217) - DENVER, CO 80217 Dennis J.Gilmore President I ' ` AMERICAN LAND TITLE ASSOCIATION A homed Off or Agent nmothy Kemp CC.FA.06 ecretary ii NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D/B/A LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d/b/a Land Title Guarantee Company- Grand Junction. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; • your transactions with, or from the services being performed by, us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.LTG.1 First American Title Insurance Company PRIVACY POLICY We are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information- particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, the First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: * Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled respnsibly and in accordance with this Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and procedural safeguards that comply with referral regulations to guard your nonpublic personal information. WEBSITE Information on the calculation of premiums and other title related charges are listed at First American's website: www.firstam.com LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY- GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes IIue listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts ma be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the Court Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulation 3-5-1, Section 7L requires that "Every, title entity shall be responsible for all maters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owners Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner s Pollicy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for Purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanics and material-men's liens. D The Company must receive payment of the appropriate premium. E If there has been construction, improvements or mayor repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial Information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas , other minerals, or geothermal energy in the property; and B That such mineral estate may include the right to enter and use the property without t e surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowin ly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauing or attempting to defraud the company. Penalties may include imprisonment, fines, denial or insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a olicyholder or claimant for the purpose of defrauding or attempting to defraud the the or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the com_pany to provide any of the coverages referred to herein unless the above conditions are fully satis ied. DISCLOSURE 02/2011 ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50037433 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: 12. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN EASEMENT DEED AND AGREEMENT RECORDED FEBRUARY 14, 2002 UNDER RECEPTION NO. 786041. 13. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ENCROACHMENT AGREEMENT RECORDED FEBRUARY 14, 2002 UNDER RECEPTION NO. 786042. 1 ALTA COMMITMENT Schedule B -Section 2 (Exceptions) Our Order No. V50037433 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. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 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 MARCH 25, 1963, IN BOOK 174 AT PAGE 575. 11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL VILLAGE-THIRD FILING RECORDED MARCH 25, 1963 UNDER RECEPTION NO. 97200. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50037433 Continued: CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. ALTA COMMITMENT Schedule B -Section 1 (Requirements) Our Order No. V50037433 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. FURNISH TO LAND TITLE GUARANTEE COMPANY THE RELEVANT PAGES OF THE FULLY EXECUTED TRUST AGREEMENT FOR CAROL WOODS SCHMIDT QUALIFIED PERSONAL RESIDENCE TRUST II THAT DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY ON BEHALF OF SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 3. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF CAROL WOODS SCHMIDT QUALIFIED PERSONAL RESIDENCE TRUST II AS A TRUST. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 4. WARRANTY DEED FROM CAROL WOODS SCHMIDT QUALIFIED PERSONAL RESIDENCE TRUST II TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE 1 First American Title Insurance Company ALTA COMMITMENT Our Order No. V50037433 Schedule A Cust. Ref.: Property Address: 401 BEAVER DAM CIRCLE AKA LOT 2 BLK 4 VAIL VILLAGE FLG 3 VAIL, CO 81657 1. Effective Date: October 25, 2013 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: A BUYER TO BE DETERMINED 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: CAROL WOODS SCHMIDT QUALIFIED PERSONAL RESIDENCE TRUST II 5. The Land referred to in this Commitment is described as follows: LOT 2, BLOCK 4, VAIL VILLAGE THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. Copyright 2006-2013 American Land Title Association.All rights reserved. - AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. LAND TITLE ASSOCIATION All other uses are prohibited.Reprinted under license from the American Land Title Association. m LAND TITLE GUARANTEE COMPANY INVOICE NO. VA-7395 land Title GUARANTEE COMPANY WWW.LTGC.COM CAROL WOODS SCHMIDT 3901 S GILPIN ST CHERRY HILLS VILLAGE, CO 80113 Owner: CAROL WOODS SCHMIDT QUALIFIED PERSONAL RESIDENCE TRUST II Address: 401 BEAVER DAM CIRCLE AKA LOT 2 BLK 4 VAIL VILLAGE FLG 3 VAIL, CO 81657 Invoice Date: November 07, 2013 Order No. V50037433 Invoice Charges TBD Commitment $100.00 -Amount Due - $100.00 Due and payable upon receipt. For Remittance please refer to Invoice No. VA-7395 Please make checks payable to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Suite 125 Greenwood Village, CO 80111-4701 Land Title Guarantee Company Date: 11-07-2013 rand1le Our Order Number: V50037433 GUARANTEE COMPANY WWW.LTGC-CDM Property Address: 401 BEAVER DAM CIRCLE AKA LOT 2 BLK 4 VAIL VILLAGE FLG 3 VAIL, CO 81657 Buyer/Borrower: A BUYER TO BE DETERMINED Seller/Owner: CAROL WOODS SCHMIDT QUALIFIED PERSONAL RESIDENCE TRUST II Need a map or directions for your upcoming closing?Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES TBD Commitment $100.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $100.00 ro—CONTACT 06/04 THANK YOU FOR YOUR ORDER! Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Tide GUARANTEE COMPANY -.-CC COM Date: 11-07-2013 Our Order Number: V50037433 Property Address: 401 BEAVER DAM CIRCLE AKA LOT 2 BLK 4 VAIL VILLAGE FLG 3 VAIL, CO 81657 If you have any inquiries or require further assistance,please contact one of the numbers below.- For Title Assistance: Vail Title Dept. 610 WEST LIONSHEAD CIRCLE#200 VAIL,CO 81657 Phone:970-477-4522 Fax: 970-476-4534 EMail: eaglecountyrequests @ltgc.com CAROL WOODS SCHMIDT RESORT DESIGN 3901 S GILPIN ST Attn: TOM FRYE CHERRY HILLS VILLAGE,CO 80113 EMail:tfrye @resortdesign.com Phone: 303-761-6842 EMail:carolwschmidt @gmail.com