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HomeMy WebLinkAboutPEC130038 Project Name:Casolar Vail Plat PEC Number: PEC130038 Project Description: EXEMPTION PLAT TO RELOCATE LOT 5 OF CASOLAR VAIL Participants: OWNER ANDERSON, TODGER 11/22/2013 1200 ACOMA 406 DENVER, CO 80204 APPLICANT BRAUN ASSOCIATES, INC 11/22/2013 Phone: 970-926-7575 225 MAIN STREET, SUITE G - 002 EDWARDS CO 81632 License: C000001546 Project Address:1191 CASOLAR DEL NORTE DR VAIL Location: VACANT LOT 5 Legal Description:Lot: Block: Subdivision: CASOLAR VAIL Parcel Number:2103-121-0100-4 Comments:See conditions BOARD/STAFF ACTION Motion By:Kurz Action: APPROVED Second By:Hopkins Vote:6-0-0 Date of Approval: 01/13/2014 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Planner:Warren Campbell PEC Fee Paid: $650.00 TOWN Of VAIL% Department of Community Development 75 South Frontage Road Vail. CO 81657 Tel: 970 -479 -2128 www.vailgov.com Development Review Coordinator Exemption Plat Application for Review by the Planning and Environmental Commission General Information: The Exemption Plat is intended to allow for the platting of property where no additional parcels are created and conformance with applicable provisions of this code has been demonstrated. Exemption Plats may be approved by the Administrator, subject to review by other Town of Vail departments. Please see Section 13 -12, Exemption Plat Review, Vail Town Code for more detailed information. Vail Town Code can be found on the Town's website at w wv.vailgov.com. Fee: $650 Recording Fees: Please visit the Eagle County website http: // vw,v.eaglecounty.us/ClerkiRecordingIRecord 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: e - �o LK a'� o 4 Lv,� 5 i (a sod, r Vu. l S. ti K -i , %t or} Physical Address: i \ l -% o w� l A v, fie-- --\'a C` \ 1=- Parcel Number: 2 \ C7 "j 'L \ in � (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Property Owner: f- -ma c, e r Q-^ �- So vj Mailing Address: , a c anti A h c7 19 O2-0!1 Phone: a-o4 11 o q 7 (a Z'7 U U ,F, Owner's Signature: i Primary Contact/ Owner Representative: "'-^J is C`A-J r.J Mailing Address: �cz <,Q Phone: 't 2 LA '7 S -7 'S- E -Mail: �c-e t` Ary+J �iSSa �..-+` - rJ++ti Fax: For Office Use Only: Cash CC: Visa / MC Fee Paid: Meeting Date: Planner: Zoning: Location of the Proposal: Lot Last 4 CC # Block Auth # Received From: _ PEC No.. Project No: Land Use: Subdivision g ?-Q 7 s -7 (X Check # TOWN Of VAI L Department of Community Development 75 South Frontage Road Vail, CO 81657 Tel: 870 - 479 -2128 www,vailgov.com Development Review Coordinator Exemption Plat Application for Review by the Planning and Environmental Commission General Information: The Exemption Plat is intended to allow for the platting of property where no addroonal parcels are created and conformance with applicable provisions of this code has been demonstrated. Exemption Plats may be approved by the Administrator, subject to review by other Town of Vail departments. Please see Section 13 -12, Exemption Plat Review, Vail Town Code for more detailed information. Vail Town Code can be found on the Town's website at vw_gai ov.com. Fee: $650 Recording Fees: Please visit the Eagle County website httpJlwww,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: Physical Address: 1.O1 Parcel Number: ___:•.l a� t 2 j c� \ c (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Property Owner: Mailing Address: k Owner's 0 Phone: rie- Sri c_ No` r-S #-1 Y 4 � Primary Contact/ Owner Representative: _ p n, -� ';x� F" !;�S I = Mailing Address: _a a c. AA, C o �g tco'3 I— Phone: l -1c, .2- 7'7 G E- Mail: Fax: 9 2-Co "2 5 7 S For Office Use Only: Cash CC, Visa / MC Last 4 CC # Auth # C ck #V o7 Fee Paid 7-f Received Fr �: Meeting Date, ��� PEC No . ✓ Planner: Project No: VM I A - Zoning: Land Use: Location of the Proposal: Lot Block- A_ Subdivision: -�j TOWN OF VAIL' Community Development ent D JOINT PROPERTY OWNER Departm WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications affecting shared ownership properties such as duplex, condominium, and multi- tenant buildings. This form, or similar written correspondence, must be completed by the adjoining duplex unit owner or the authorized agent of the home owner's association in the case of a condominium or multi- tenant building. All completed forms must be submitted with the applicants completed application� I, (Print name) l'—' r----* d r fLCa.r a Jj) F5 Q 1 a jeimt oar, or authority of the association, of property located at J' i e ftL kk;'Lt taautµc 1*ie.k Aur ke-. `k% -j Z , provide this letter as written approval of the plans dated � 14t'.._tla: �� 1i J&rlsk -, S�lft. Z o 13 which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand that the proposed Improvements Include: I understand that modifications may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations; and that it is the sole responsibility of the applicant to keep the joint property owner apprised of any changes and ensure that the changes are acceptable and appropriate. Submittal of an application results In the applicant agreeing to this statement. / Ille 14 3 Signature Date C-7' Lam- X=Rjf✓4:1 Print Name Its L- CASOLAR VAIL SUBDIVISION AMENDMENT APPLICATION November 2013 The purpose of this report is to provide information on a proposed plat amendment to the Casolar at Vail subdivision. The following information is provided: • Summary of request • Background on Casolar Vail • Proposed Subdivision Amendment This proposal is a co- application submitted on behalf of Todger Anderson (owner of Lots 4 and 5 of Casolar Vail) and the Casolar Vail Homeowners Association (owner of common area surrounding Lots 4 and 5). Summary of Request Lots 4 and 5 are platted, undeveloped lots within the Casolar Vail project. At the time Casolar was platted the development of these lots was to include a single - family home on Lot 4 and a duplex on Lot 5 (note that a related variance request application would reduce the development potential to one single - family home on each of these lots. The diagram below depicts Casolar Vail in the context of the surrounding neighborhood. Casolar Vail Context Map Casolar Vail Plat Amendment } c Lot 6 of Casolar is located immediately south of Lot 5. When Lot 6 was developed in the early 1980's the driveway was constructed with Lot 5. The encroachment of the driveway and related retaining wall impacts approximately 25% of Lot 5. There is no indication in either the town's files or the Casolar Association's records as to how this situation occurred. The purpose of the plat amendment is to shift Lot 5 to the north in order to eliminate the encroachment of the driveway and retaining wall. Background on Casolar Vail Casolar Vail was zoned and platted in the late- 1970's and town files indicate that this was the first Residential Cluster project to be reviewed and approved by the Town. The project created 10 small lots, each 40'x60' feet in size. While having the appearance of a building envelope, these are fee - simple lots. Land surrounding each lot is common area owned by the Casolar Homeowners Association. A copy of the original Casolar plat is provided below, Lots 4 and 5 are highlighted. FINAL PLAT CASOLAR VAIL A RESUBOIVISION OF LOTS A -8 A A -9, BLOCK T LIOMs RIDGE SUBDNISK)N. TOWN OF VAIL. EAGLE COUNTY, COLORADO. . SANpSTCNE ORNE.f01 - Subject Parcels _ _ _ r..a Lot 4 designated as Single Ftmily - .. / } , �� t•x,. -re ts�7. y, LOT A-7 Lot 5 designated as Duplex el LOOP- _ 1\ 1 1: r3 v ,P Note: Plat approved by Town of Vail February 2, 1978 z r "� RICHARDSsyENGINEERING t _] 1978 plat for Casolar Vail created ten lots. Casolar Vail Plat Amendment _' Proposed Plat Amendment The propose amendment to the Casolar plat simply shifts Lot 5 to the north in order to eliminate the Lot 6 driveway encroachment. The extent of the shift is approximately 10'- 20'. Setbacks from the westerly Casolar property line are maintained and the re- located lot does not impact any existing utility easements. The new lot is approximately 10' north of the driveway retaining wall. This distance was provided in order to maintain an adequate separation from the wall and to also maintain a row of trees that have been planted along the retaining wall. No changes are proposed to the size of the lot and as such there is no reduction to the Association's common area. The sketch below depicts the existing Lot 6 driveway and retaining wall, the existing location of Lot 5 and the proposed location of Lot 5. Lot 4 remains unchanged. �t 4 I 7S / lot location per amended plat. Lot comers -" V I , ; "" I are staked with green T -posts Exishng lot location Existing boulder wall A copy of the amended plat is found on the following pages. Casolar Vail Plat Amendment 3 Y s 7S / lot location per amended plat. Lot comers -" V I , ; "" I are staked with green T -posts Exishng lot location Existing boulder wall A copy of the amended plat is found on the following pages. Casolar Vail Plat Amendment 3 Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY W- LT CC. C OM Date: 01 -10 -2013 Our Order Number: V50035267 Property Address: 1183 AND 1191 CASOLAR DEL NORTE DRIVE AKA LOTS 4 AND 5 CASOLAR VAIL VAIL, CO 81657 If you have any inquiries or require further assistance, please contact one of the numbers below: TODGER ANDERSON 1200 ACOMA #406 DENVER, CO 80204 Sent Via US Postal Service For Title Assistance: Vail Title Dept. 610 WEST LIONSHEAD CIRCLE #200 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970 - 476 -4534 EMail: eaglecountyrequests @ltgc.com BRAUN ASSOCIATES INC 225 MAIN STREET, SUITE G -2 EDWARDS, CO 81632 Attn: TOM BRAUN Phone: 970 - 926 -7575 Copies: 1 EMail: tom @braunassociates.com Linked Commitment Delivery Land Title Guarantee Company Date: 01 -10 -2013 Land Title Our Order Number: V50035267 GUARANTEE COMPANY WWW.LTOC.COM Property Address: 1183 AND 1191 CASOLAR DEL NORTE DRIVE AKA LOTS 4 AND 5 CASOLAR VAIL VAIL, CO 81657 Buyer /Borrower: A BUYER TO BE DETERMINED Seller /Owner: TODGER ANDERSON Need .a map or directions for your upcoming closing? Check out Land Title's web site at www.Itgc.com for atrecuons to anv of our A office iocauons. 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 Form CONTACT 06/04 THANK YOU FOR YOUR ORDER! LAND TITLE GUARANTEE COMPANY INVOICE NO. VA -6348 Land Title GUARANTEE COMPANY WWW.LTGC.COM TODGER ANDERSON 1200 ACOMA #406 DENVER, CO 80204 Owner: TODGER ANDERSON Address: 1183 AND 1191 CASOLAR DEL NORTE DRIVE AKA LOTS 4 AND 5 CASOLAR VAIL VAIL, CO 81657 Invoice Date: January 10, 2013 Order No. V50035267 Invoice Charges TBD Commitment $100.00 - Amount Due - $100.00 Due and payable upon receipt. For Remittance please refer to Invoice No. VA -6348 Please make checks payable to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Suite 125 Greenwood Village, CO 80111 -4701 First American Title Insurance Company ALTA COMMITMENT Our Order No. V50035267 Schedule A Cust. Ref.: Property Address: 1183 AND 1191 CASOLAR DEL NORTE DRIVE AKA LOTS 4 AND 5 CASOLAR VAIL VAIL, CO 81657 1. Effective Date: December 27, 2012 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: TODGER ANDERSON 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION LEGAL DESCRIPTION PARCEL 1 Our Order No: V50035267 SITE 4, CASOLAR VAIL, A RESUBDIVISION OF LOTS A -8 AND A -9, BLOCK A, LIONS RIDGE SUBDIVISION, ACCORDING TO THE MAP RECORDED JUNE 19, 1978, IN BOOK 271 AT PAGE 213, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 2 ******************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND IS SUBJECT TO CHANGE UPON COMPLIANCE WITH THE REQUIREMENTS UNDER SCHEDULE B -1, HEREIN. SITE 5, CASOLAR VAIL, A RESUBDIVISION OF LOTS A -8 AND A -9, BLOCK A, LIONS RIDGE SUBDIVISION, ACCORDING TO THE MAP RECORDED JUNE 19, 1978, IN BOOK 271 AT PAGE 213, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50035267 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: PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT SURVEY OF SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY TO DETERMINE ACCURATE LEGAL DESCRIPTION OF THE TWO PARCELS ON SITE 5, CASOLAR VAIL AND FOR DELETION OF STANDARD EXCEPTIONS 1 -3. UPON REVIEW, ADDITIONAL REQUIREMENTS AND /OR EXCEPTIONS MAY BE NECESSARY. NOTE: ANY MATTERS DISCLOSED BY SAID SURVEY WILL BE REFLECTED ON SAID POLICY(S) TO BE ISSUED HEREUNDER. NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID SURVEY. 2. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. WARRANTY DEED FROM TODGER ANDERSON 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 CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50035267 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 JUNE 15, 1918, IN BOOK 93 AT PAGE 15 AND IN UNITED STATES PATENT RECORDED OCTOBER 04, 1918, IN BOOK 93 AT PAGE 301. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 15, 1918, IN BOOK 93, AT PAGE 15 AND RECORDED OCTOBER 04, 1918, IN BOOK 93 AT PAGE 301. 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 JULY 25, 1969, IN BOOK 215 AT PAGE 649 AND AMENDMENT RECORDED DECEMBER 02, 1970 IN BOOK 219 AT PAGE 235. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50035267 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. 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 DECEMBER 11, 1992 IN BOOK 596 AT PAGE 495. 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF CASOLAR VAIL JUNE 19, 1978 UNDER RECEPTION NO. 167614. 13. EASEMENT AND RIGHT OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., IN INSTRUMENT RECORDED SEPTEMBER 27, 1978 IN BOOK 275 AT PAGE 834. 14. EASEMENT AN RIGHT OF WAY AS GRANTED TO STEWART H. BROWN IN INSTRUMENT RECORDED JUNE 26, 1979 IN BOOK 287 AT PAGE 341. 15. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED JUNE 30, 2003 AT RECEPTION NO. 838584. 16. TERMS, CONDITIONS AND PROVISIONS OF WATER EASEMENT RECORDED JUNE 30, 2003 AT RECEPTION NO. 838585. 17. TERMS, CONDITIONS AND PROVISIONS OF SEWER EASEMENT RECORDED JUNE 30, 2003 AT RECEPTION NO. 838586. 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 ropemay be located in a special taxing district. B) A Certificate of Taxes glue listing each taxing jurisdiction -shall be obtained from the County Treasurer or the Count Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30 -10 -406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Relations 3 -5 -1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all mat ers which appear of record prior to the time of recording whenever the title entity conducts the closing nd is responsible for recording r filing of legal documents resulting from the transaction wluch was closed ". Provided that Eand 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 rotection for the Owner mabe available (tyQically 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 hens. D The Company must receive payment of the appropriate premium. E If there has been construction, improvements or major reppairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, tl�e 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 enemy in the property; and B) That such mineral estate may include the right to enter and use the proper -{y without me surface owner's permission. Note: Pursuant to CRS 10- 1- 128(6)(a) It is unlawful to knowingly ly 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 imprisoT en t' f ' n es n form at ion to an ins urance company for the purpose of defrauding or incompete, or misleading facr information to a policyholder or claimant for the purpose of defrauding or attempting attempting to defraud the poliolder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to tColorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. DISCLOSURE 02/2011 First American Title Insurance Company PRIVACY POLICY We are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, the First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: * Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled respnsibly and in accordance with this Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and procedural safeguards that comply with referral regulations to guard your nonpublic personal information. WEBSITE Information on the calculation of premiums and other title related charges are listed at First American's website: www.firstam.com NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, 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 access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.F0L.LTG.1 Commitment for Title Insurance ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation ( "Company "), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured names in Schedule A, as owner or mortgage of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, First American Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of the Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issued one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules as www.alta.org CC.FA.06 FIRST AMERICAN TITLE INSURANCE COMPANY Dennis J. Gilmore President AMERICAN LAND TITLE ASSOCIATION Timothy Kemp Secretary 1 .. Casolar Adjacent Owners List: 12 -10 -12 Owner Name ANDERSON, TODGER Owner Address 1200 ACOMA 406 DENVER, CO 80204 Owner Name GARTNER, DAVID J. - WEINSTOCK, KRISTI Owner Address 19370 WALDEN TRL WAYZATA, MN 55391 Owner Name POOL, FRED W., II Owner Address 1149 SANDSTONE DR VAIL, CO 81657 Overlook at Vail Agent Name: Management Company Name Phone Number: Fax Number: Physical Address: Samba Run Malia Nobrega (970) 476 4300 970 479 9534 c/o Crossroads Realty Ltd P.O. Box 1292, Vail, CO 81658 Agent Name: Farrow Hitt Management Company Name: Phone Number: (970) 476 0344 Fax Number: 970 476 0888 Physical Address: 1100 N Frontage Road, Vaill, CO 81657 Savoy Villas Agent Name: Malia Nobrega Management Company Name: Phone Number: (970) 476 4300 Fax Number: 970 479 9534 Physical Address: c/o Crossroads Realty Ltd P.O. Box 1292, Vail, CO 81658 Mailing Address: c/o Crossroads Realty Ltd P.O. Box 1292 Vail, CO 81658 Homestake at Vail Agent Name: Lindsay Gremmer Management Company Name: Phone Number: (970) 328 0354 V J Fax Number: Physical Address: PO Box 5907, Eagle, CO 81631 Mailing Address: PO Box 5907 Eagle, CO 81631 Indian Creek Townhomes (two agents are listed) Agent Name: Kent Erickson Management Company Name: Phone Number: Fax Number: Physical Address: Mailing Address: Agent Name: Management Company Name: Phone Number: Fax Number: Physical Address: Mailing Address: (970) 479 0761 303 316 7495 1139 Sandstone Dr. # 3, Vail, CO 81657 1139 Sandstone Dr. # 3 Vail, CO 81657 Angela Elliott (303) 818 9365 720 381 0000 191 University Blvd. #358, Denver, CO 80206 191 University Blvd. #358 Denver, CO 80206 Eiger Chalets NOT REGISTERED W/ THE STATE Telemark Townhouse NOT REGISTERED W/ THE STATE Lions Ridge Fil 4 Tract B (open tract) NOT REGISTERED W/ THE STATE TOWN OF VAIL, COLORADOCopy Reprinted on 11 -27 -2013 at 15:07:35 11/27/2013 Statement Statement Number: R130002043 Amount: $650.00 11/27/201303:07 PM Payment Method: Check Init: CG Notation: ck 7902 Todger Anderson ----------------------------------------------------------------------------- Permit No: PEC130038 Type: PEC - Exemption Plat Parcel No: 2103 -121- 0100 -4 Site Address: 1191 CASOLAR DEL NORTE DR VAIL Location: VACANT LOT 5 Total Fees: $650.00 This Payment: $650.00 Total ALL Pmts: $650.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- ------------------------ - - - - -- ------ - - - - -- PV 00100003112500 PEC APPLICATION FEES 650.00 rowN of va' ii> THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12 -3 -6, Vail Town Code, on December 16, 2013 at 1:00 pm in the Town of Vail Municipal Building. The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend site visits. Please call 970 -479 -2138 for additional information. A request for a review of a Development Plan, pursuant to section 12- 61 -11, Development Plan Required, Housing Zone District, Vail Town Code to allow for the redevelopment of the easternmost five & 1/4 (5.24) acres of the Timber Ridge Village Apartments, with up to 113 new deed - restricted employee housing units; a request for a review of a preliminary plan and final plat, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for a resubdivision of Lions Ridge Subdivision Filing 1, Block C, A resubdivision of Lots C1, 2, 3, 4 & 5; and a review of a variance from Section 14 -6 -7, Retaining Walls, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for the construction of retaining walls in excess of six (6) feet in height, located at 1280 North Frontage Road/ Lots 1 -5, Block C, Lions Ridge Subdivision, Filing 1, and setting forth details in regard thereto. ( PEC130036 )(PEC130037)(PEC130035) Applicant: Gorman & Company and the Town of Vail Municipal Corporation Planner: George Ruther A request for the review of a final plat, pursuant to Chapter 13 -12, Exemption Plat Review Procedures, Vail Town Code, to allow for the relocation of an existing platted building lot, located at 1191 Casolar Del Norte Drive, Lot 5 /Lot A- 7, Block A, Lion's Ridge Subdivision Filing 1, and setting forth details in regard thereto. (PEC130038) \0 ,�.r� Applicant: Todger Anderson, represented by Tom Braun Planner: Warren Campbell Sign language interpretation is available upon request, with 24 -hour notification. Please call 970 - 479 -2356, Telephone for the Hearing Impaired, for information. Published November 29, 2013 in the Vail Daily. 11/18/2013 Vail Planning and Environmental Commission Town of Vail 75 South Frontage Road Vail, co. 81657 RE: Todger Anderson /Casolar Del Norte Variance Request To whom it may concern, This letter is one of support for Mr. Todger Anderson and his request to change the density variance for lots numbers 4 and 5 in the Casolar Del Norte Subdivision. The Board of directors of the Casolar Del Norte Homeowners Association has finished a Special Meeting and has accumulated enough votes to support a majority of homeowners within the subdivision to empower the board of directors to sign off this request to allow Mr. Anderson to re -zone his existing lots with the subdivision. With that said we lend our support to Mr. Anderson and his representatives to pursue said actions with the Town of Vail and Eagle County. The variance request re- establishes Mr. Andersons' development potential of these two lots while keeping the spirit and density of the HOA intact and in the association's best interest. As president of the Casolar Del Norte Homeowners Association and with the full support of the majority of our membership we support Mr. Anderson's request for a re -zone of the two last remaining undeveloped lots in our HOA and ask that the Planning and Environmental Commission support this request as well. Please feel free to contact me with any questions or concerns, Kenneth 0. Friedman, President Casolar Del Norte Homeowners Association 11506 Sandstone Drive Vail, co. 81657 970 - 476 -0388 970 - 390 -8381 kfriedman@ssv.net