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HomeMy WebLinkAboutADM140002 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:LION SQUARE SOUTH Application Type:CondThPl ADM Number: ADM140002 Parcel: 2101-072-0103-2 Project Description:CONDOMINIUM/TOWNHOUSE PLAT Participants: OWNER LION SQUARE CONDO ASSOC INC 01/24/2014 660 W LIONS HEAD PL VAIL CO 81657 APPLICANT LION SQUARE CONDO ASSOC INC 01/24/2014 Phone: 970-477-4432 660 W LIONS HEAD PL VAIL CO 81657 Project Address:660 LIONSHEAD PL VAILLocation: LION SQUARE LODGE EAST Legal Description: Lot: 1 Block: Subdivision: VAIL LIONSHD FIL 1 ADD 1 Comments:See conditions BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 01/31/2014 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:Warren Campbell DRB Fee Paid: $100.00 q . rowN of vain Department of Community Development 76 South Frontage Road Vail, CO 84667 Tel: 970 - 479 -2128 www.vallgov.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.vallgov.com. Fee: $100 Recording Fees: Please visit the Eagle County webslte htto:// www. eaniecounty .us/clork/publieRecords.cfm 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: Amendment to Condominium Maps Lion Square Condominiums Phase 2 Physical Address: 660 Llonshead Place Parcel Number: 210107202002 (Contact Eagle Co. Assessor at 970- 328 -8640 for parcel no.) Property Owner: Lion Square South Condominium Association, Inc. Mailing Address: 660 Llonshead Place, Vail CO 81657 ( Phone: Owner's Signature: c+— �^ k CF— Primary Contact/ Owner Representative: Bill Anderson Mailing Address: 660 Lionshead Place, Vail CO 81657 Phone: 970477 -4408 E -Mail: banderson @theresortoompany.com Fax:.9znMnA& ��{36 For Office Use Only: Cash_, CC: Visa / MC Last 4 CC * _ Fee Paid: RX Recelved Meedng Date: Planner: CAX_,� ADM No. FON41 I L e �. K zBJEN"WW1 i Zoning: Land Use: Location of the Proposal: Lot :_ Block: Subdivision: Stewart title View your transaction progress 24/7 via SureClose. Ask us about your login today! Date: November 19, 2013 File Number: 01330 -33581 Buyer: Seller: Lest Inc. Property: 660 Lionshead Place, 8, Vail, CO 81657 SELLER: Lest Inc. Delivery Method: Emailed Please direct all Title inquiries to: Roger Avila Phone: (970) 766 -0238 Email Address: ravila @stewart.com BUYER: Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas 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 named in Schedule A, as owner or mortgagee 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 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, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Stewart Title 97 Main Street, Suite W201 Edwards, CO 81632 stewarf title guaranty company �S :t2 TEXAS Copyright 2006 -2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330 -33581 004 -UN ALTA Commitment (6/17/06) Matt Morris President and CEO Denise WAAW,a 71 M I Secretary AM[RICAN IA-In 11riC A111x. WON 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. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of 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 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 issue 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 at< httn: /Avww.alta.orgh. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006 -2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330 -33581 004 -UN ALTA Commitment (6/17/06) AMERICAN I_ANOII tt 1. COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330 -33581 1. Effective Date: November 07, 2013 at 8:00 A.M. 2. Policy or Policies to be issued: (a) A.L.T.A. Owner's Policy 2006 (Standard) Proposed Insured: (b) A.L.T.A. Loan Policy Proposed Insured: Amount of Insurance 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Lest Inc. 5. The land referred to in this Commitment is described as follows: Condominium Unit 8 -P -II, LION SQUARE CONDOMINIUMS PHASE II, According to the Map thereof recorded in Book 225 at Page 105 as Reception No. 120871, and as defined and described in the Condominium Declaration for Lion Square Condominiums Phase II, recorded in Book 225 at Page 104 as Reception No. 120870 and Supplemental Declaration recorded January 30, 1973 in Book 227 at Page 512 as Reception No. 123332 and First Amendment to Condominium Declaration recorded July 28, 2006 as Reception No. 200620484. COUNTY OF EAGLE, STATE OF COLORADO Purported Address: 660 Lionshead Place 8 Vail, CO 81657 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued Rate TBD Commitment: $100.00 Copyright 2006 -2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. aMa��tsr Aq other uses are prohibited. Reprinted under license from the American Land TNe Association. "�P U File No. 01330 -33581 Page 1 of 1 STEWART TITLE ,. �,u "w CO STG ALTA Commitment Sch A STO GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART File No.: 01330 -33581 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Evidence satisfactory to Stewart Title Guaranty Company that the real estate transfer tax assessed by the Town of Vail has been paid or that the transaction is exempt from said tax. 6. Payment of any and all Condominium assessments and expenses as required by the Condominium Declaration of Lion Square Condominiums and Certificate from Lion Square Condominium Association verifying that such payment has been received. 7. Compliance with the Right of First Refusal as set forth in the Condominium Declaration of Lion Square Condominiums and Certificate from Lion Square Condominium Association verifying that such compliance has been performed. 8. Relating to Lest Inc., The Company requires for its review the following: a) A copy of the articles of incorporation and bylaws b) A satisfactory resolution of the Board of Directors authorizing the proposed transaction (Shareholders Resolution where applicable) c) A Good Standing Certificate evidencing that the corporation is in good standing in the state of its incorporation d) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38 -30 -172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirement or exceptions. 9. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38 -35 -109 (2). NOTE: The vesting deed is shown as follows: Quit Claim Deed recorded June 14, 1999 as Reception No. 699753. NOTE: Stewart Title Guaranty Company reserves the right to add any additional requirements and /or exceptions it may deem necessary upon learning of the grantee(s). Copyright 2006 -2009 American Land Title Association. All rights reserved. t_ The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 1AVr rn +r File No. 01330 -33581 Page 1 of 1 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330 -33581 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. 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. 10. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded September 4, 1923 in Book 93 at Page 98 , 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. 11. Protective Covenants recorded May 28, 1970 in Book 217 at Page 675 as Reception No. 113259 amended July 30, 1970 in Book 218 at Page 334 as Reception No. 113925 and amended October 15, 1970 in Book 218 at Page 899 as Reception No. 114507 . 12. All matters shown on the recorded plat of Vail - Lionshead First Filing, as corrected. 13. All matters shown on the Condominium Map recorded in Book 225 at Page 105 as Reception No. 120871 . 14. Parking Easement recorded December 13, 1976 in Book 250 at Page 751 as Reception No. 147023 . 15. Condominium Declaration for Lion Square Condominiums Phase II, recorded in Book 225 at Page 104 as Reception No. 120870 and Supplemental Declaration recorded January 30, 1973 in Book 227 at Page 512 as Reception No. 123332, First Amendment to Condominium Declaration for Lions Square Condominiums Phase II and III recorded July 28, 2006 as Reception No. 200620484, Second Amendment to Condominium Declaration Copyright 2006 -2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AURAKAX At other uses are prohibited. Reprinted under license from the American Land Title Association. &A%" mi t File No. 01330 -33581 Page 1 of 2 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II for Lions Square Condominiums Phase II and III recorded March 9, 2011 as Reception No. 201104508, Third Amendment to Condominium Declaration for Lions Square Condominiums Phase II and III recorded September 22, 2011 as Reception No. 201117658 and Fourth Amendment to Condominium Declaration for Lions Square Condominiums Phase II and III recorded July 1, 2013 as Reception No. 201313577. 16. Supplemental Declaration of Covenants, Conditions and Restrictions for Lion Square Condominiums recorded April 27, 1992 in Book 578 at Page 699 as Reception No. 474810. 17. Easement granted to Cablevision VI, Inc. dba TCI, as contained in the instrument recorded July 29, 1993 in Book 615 at Page 85 as Reception No. 511159 . 18. Consent to Encroachment recorded September 7, 1993 in Book 618 at Page 778 as Reception No. 514849 . 19. Resolutions by Board of Directors of Lion Square recorded February 23, 1994 in Book 633 at Pages 251, 252 and 253 as Reception No. 529307, and Reception No.529308 and Reception No. 529309. 20. Agreement Permitting Encroachments recorded October 6, 2003 as Reception No. 852684 and all matters shown on Exhibit A attached thereto. 21. Trench, Conduit and Vault Agreement recorded October 1, 2004 as Reception No. 893086 . 22. Grant of Easements recorded November 21, 2005 as Reception Nos. 937628, and 937647. 23. Reciprocal Easement Agreement recorded February 14, 2012 as Reception No. 201203038. 24. Trench, Conduit, and Vault Agreement recorded August 7, 2012 as Reception No. 201215821. 25. Encroachment License AGreement recorded December 17, 2012 as Reception No. 201225288. 26. Encroachment License Agreement recorded December 17, 2012 as Reception No. 201225289. 27. Holy Cross Energy Underground Right of Way Easement recorded August 7, 2012 as Reception No. 201215822. 28. Any and all existing leases and tenancies. 29. Memorandum of Development Agreement recorded May 8, 2013 as Reception No. 201309140. 30. Option to Purchase as set forth in the Purchase Option Agreement recorded January 18, 2013 as Reception No. 201301160. Copyright 2006 -2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. aNeac�w All other uses are prohibited. Reprinted under license from the American Land Title Association. 14,40 n'fe File No. 01330 -33581 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY At DISCLOSURES File No.: 01330 -33581 Pursuant to C.R.S. 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 DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. 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: Colorado Division of Insurance Regulations 3 -5 -1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters 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 Stewart Title 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 Owner's Title Policy and the Lender's Title 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 Policy 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 materialmen 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 unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major 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. To comply with the provisions of C.R.S. 10 -11 -123, the Company makes the following disclosure: 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 the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. 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. File No.: 01330 -33581 CO Commitment Disclosure STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm - Leach - Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes— to process your transactions and How do the Stewart Title Companies maintain your account. This may include running the business and managing Yes No customer accounts, such as processing transactions, mailing, and auditing services, include computer, file, and building safeguards. How do the Stewart Title Companies and responding to court orders and legal investigations. collect my personal information? For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your agent or lender involved in your transaction, credit reporting agencies, affiliates transactions and experiences. Affiliates are companies related by common What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in ownership or control. They can be financial and non - financial companies. Our Yes No affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes— information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non - affiliates to market to you. Non - affiliates are companies not related by No We don't share common ownership or control. They can be financial and non - financial companies. We may disclose your personal information to our affiliates or to non - affiliates as permitted by law. If you request a transaction with a non - affiliate, such as a third parry insurance company, we will disclose your personal information to that non - affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction. notify me about their practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use, we use protect my personal information? security measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies We collect your personal information, for example, when you collect my personal information? • request insurance- related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330 -33581 Page 1 of 1