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Home My WebLink AboutDRB140070 Project Name: DRB Number: DRB140070 Project Description: ADDITION - Crawlspace to basement Participants: OWNER MEDLEY, MARK 03/24/2014 4201 WILL ROGERS PKWY OKLAHOMA CITY, OK 73108 APPLICANT STEVEN JAMES RIDEN 03/24/2014 Phone: 970-949-4121 PO BOX 3238 VAIL CO 81658 License: C000003854 Project Address:4444 STREAMSIDE CR VAIL Location: UNIT A Legal Description:Lot: 11A Block: Subdivision: BSB DUPLEX SUB Parcel Number:2101-123-0500-8 Comments:See Conditions BOARD/STAFF ACTION Motion By: Action: STAFFAPP Second By: Vote: Date of Approval: 04/10/2014 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: 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: $300.00 , � , ' DepG:-...-,nt of Community Development 75 South Frontage Road T(3LAJ�1 tJF UAIL va�i, co s�ss7 Tel: 970-479-2128 www.vailgov.com Development Review Coordinator Application for Design Review A,�ctrtdons—Residential or Comm�;��,ial General Information: This applic:ation is required for all proposals involving the addition of any floor area, including net floor area and/or gross residential floor area (GRFA). This also includes proposals for 'residential 250 additions' and 'interior conversions'. Applica��ie Vail Town Code sections can be found at www.vailgouco��i under Vail Information — Town Code Online. All projects requiring design review must receive approval prior to submitting a building permit appli- cation. An application for Design Review cannot be accepted until all required information is received by the Community Development Department, as outlined in the submiital requirements. The project may also need to be reviewed by the Town Council and/or the Plar.nirg and Environmental Commission. Design review approval expires one year from the date of approval, unless a building permit is issued and construction commences. Fee: $300 ,��, __ _ Single Family Duplex Multi-Family Commercial Description of the Request: �A��,�'iy1lFiiv j i'.,z��l��" � Gv/.c.�l" �-lC>� �� %�:Q�� v v y' J�?�!7o G�aD�� I�c i?�i�J�� /�-ti,D ��Am ��2�?�y7� Ph;sical Address: ��{ � ��i��l�C3E G'f 2U(..Y� . ___.�_�,.�.s�.,.� �.._.,_.._,..,.� _ - - Parcel IV:;!nbera_2i��`�Z�j°�'rj"�vU _ _(Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: �� 1'I1Fp�� -_ Mailing Address;`�� lv� ��'��'S /'��1��!�1 �/v'1/�-G'FOl/rI� G/t' �� 7' �1 !�� 1 Phone: �(S! �f'd - 7�O�L « Owner's Signature: •�� L� ��,�,IZ,�t(3t:J�� Primary Contactl Owner Representative: ��/l� ►,QNYI�� 11D'�/� �/A s��'�� Mailing Address: � U , l3 J��G �.A'� � C'�� CJ��70 Phone: ��1� 3Z� ��0 E-Mail: ��, � �ll�`z/l)� , ��7 Fax: �� For Office Use Only: Cash CC: Visa/MC Last 4 CC #�c�3o Exp. Date:� Auth # 3(Q Check# Fee Paid: Receive rom: Meeting Date: � s,� DRB No.: < I�-f G 6 Planner: Project No: I�f - Zoning: Land Use: Location of the Proposal: Lot: Block: Subdivision: � Nov 2013 TOWN QF �/A!L' JOINT PROPERTY OWNER WRtTTEN APPROVAL LETTER The applicant must submit written joint property owner approvai for applications afFecting shared ownership properties suoh 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 assaciation in the case of a condominium or multl-tenant building.All completed forms must be submitted with the applicants completed application. I, {print name) M• SUE & THOMAS M.Q DORISIO , a joint owner, or authorit� of the associati�n, of proPerty iocated at 4444 B Streamside Circle Vail, CO provide this letter as written approval of the p(ans dated dCtObBC 1, 2013 which have been submitted to the Town of Vail Cornmunity Development Department for the proposed improvements to be cornpleted at the address noted abave. 1 understand that the proposed improvements in�lude: Excavation and constructian to compiete oonstruction to complete a build-out of a basement space below the existing residential structure on the west side only. To pro�ide egress frorn this space via window wells,steps,grading and modrficatons to the deck. Revisions to the landscaping within the "A" side of the property including removat of a tree adjacent to the foundation at the property line dividing each parcel and replanting a new tree near the dividing line. And relacating existing trees west of the residence. Camplste repair and re-vegitation of disturbed areas. t understand tt�at modrfications may be made to the plans over the course of the review process to ensure oompliance with the Town's applicab(e codes and regulations; and that it is the sole responsibility of ihe appficant to keep the joint P►'operty owner apprised of any changes and ensure that the changes are acceptable and appropriate. Submittal of an application r ults in the appli nt agreeing to this tement. /�t ��+ - D'��.,y:. CJ � �J3 � Sig ure Date s � ' �o Su� �� ris�a Print Name Z 'd B996SEE6IE Hd1 OISI210Q0 WdZS �OT �bTOZ 6T UeC Pianning and En�iroramental Commisson A�TION F�RM � t Department of Community De�elopment l'l�1T�n�/�� fi}'� � 75 South Frontage Road, Vail, Colorado 81657 tUi��lY t1 ��tllL tel: 970.479.�139 fax: 970.�79.2452 c•a,r,,.�r��rY�eti�E�e��,E�r� web: www.vailgov.com Project Name: VARIANCE REQUEST PEC Number: PEC140001 Project Description: VARIANCE TO ALLOW WITHIN THE DESCRIBED 50' STREAM CENTER SETBACK; EXCAVATION AND CONSTRUCTION TO COMPLETE A BUILD-OUT OF A BASEMENT SPACE BELOW THE EXISTING RESIDENTIAL STRUCTURE. TO PROVIDE EGRESS FROM THIS SPACE VIA WINDOW WELLS, STEPS, GRADING & Participants: OWNER MEDLEY, MARK O1/10/2014 4201 WILL ROGERS PKWY OKLAHOMA CITY, OK 73108 APPLICANT STEVEN JAMES RIDEN 01/10/2014 Phone: 970-949-4121 PO BOX 3238 VAI L CO 81658 License: C000003854 ARCHITECT STEVEN JAMES RIDEN O1/10/2014 Phone: 970-949-4121 PO BOX 3238 VAI L CO 81658 License: C000003854 Project Address: 4444 STREAMSIDE CR VAIL Location: UNIT A Legal Description: Lot: 11A Block: Subdivision: BSB DUPLEX SUB Parcel Number: 2101-123-0500-8 Comments: See Conditions BOARD/STAFF ACTION Motion By: Cartin Action: APPROVED Second By: Pratt Vote: 4-1-0 (Kurz opposed) Date of Approval: 02/24/2014 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. Cond: CON0013620 Approval of this variance is contingent upon the applicant receiving Town of Vail design review approval of this proposal. Planner: Joe Batcheller PEC Fee Paid: $500.00 �. . . , � . • UTI�ITY APPROVAL 8�VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COM- MENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: Lot Block Subdivision: Primary Contact/Owner Representative: Phone: Plans Dated: Primary Contact/Owner Representative Signature Authorized Siqnature Comments Date CENTURY LINK 970.328.8288(tel) 970.328.8282(fax) Contacts: Barb Davis barb.davis centu link.com XCEL HIGH PRESSURE GAS - ``� � ` 970.406.1784(tel) � �. 970.468.1401 (fax) Contact: Remington Baker raminqton.c.baker(a7xcelenerqv.com , HOLY CROSS ENERGY 970.947.5425(tel) ' 970.945.4081 (fax) Contact: Jeff Vroom vroom a,ho! cross.com XCEL Energy � �' 970.262.4039(tel) � 970.262.4038(fax) � Contacts: Pam McGuire amela.mc uire xcelener com EAGLE RIVER WATER&SANITAT ON DiSTRICT 970.477.5449(tel) 970.845.7218(fax) Contact: Tug Birk • tbirk•�en,n�sd.r�r COMCAST CABLE 970.930.4713(tel) 303.603.1004(fax) Contact: Michael Johnson Mich�el ohn�Qnl�7cab!�.con�cast.conl CDOT(Oniy in CDOT Right-of-way) 970.683.6284(tel) Contact: Dan Roussin Daniel.roussin'a'�dot.s#a#e.rc us NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.479.2198. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval &re-verification if the submitted plans are altered in any way after the authorized signature date. Property Information Property Address .�'.�� f`j�� C' Parcel# �U /„^ /Z� D � �ot� / Legal Description �� C.�' l/ P� ' Fi �Jv � ��3 . /�� 3 L�f l Development Site Area sq ft acres buildable sq ft � �5�. 3� , ; iq�"l .�e. ��e�5, Zone District/SDD# r-��",�3�rG,7 `�� Hazard Zones SnowAvalanche (""""High Severity �"""Moderate Severity�'N/A Sections 12-21 & 14-7 Debris Flow j"""�High Flow ��Moderate Flow [�, High Avalanche �'N/A Rock fall �v,High Severity j""""Medium Severity �N/A Excessive Slopes �"�"!?30% �""'N/A Floodplain �"`100 year floodplain ��,Floodway �;.Wetlands N/A Creeks,Streams � °Gore Creek f�,on site � `'adjacent to site �mm N/A Section 12-14-17 Other tributary: �on site ��'adjacent to site ��'N/A � Project Information Project Description �� L� ! U�� Development Standards Allowed Existing Proposed Gross Residential Floor Area Primary sq ft (maximum) Secondary sq ft Chapter 12-15 EHU sq ft TOTAL sq ft 250 Addition Interior Conversion Credits: Setbacks(minimum) Front ft �� 2p Section 14-10-4 Side ft �,� � , i � Side ft Rear ft �� /� �� Watercourse ft ;�' �j Site Coverage(maximum) �J J cr / see definition Section 12-2-2 � /3` �l�/ �72! Building Height(maximum) Sloping ft ry see definition Section 12-2-2 Flat ft �� A� � Landscaping Softscape sq ft i� '' �� See definition Section 14-2-1 Section 14-10-8 Hardscape sq ft � ,�� TOTAL sq ft Driveway Max Curb-cuts Sections 14-3-1 & 14-3-2 Max Grade @ cen- terline �� /V Min Width Heated drive? ` Yes :No Yes No Snow Storage°/o Parking #Enclosed Spaces Sections 12-10& 14-5 �V �G��„(J #Unenclosed �.-� TOTAL Outdoor Lighting(maximum) #fixtures �� `��„N -. Section 14-10-7 1 t . � . � PROPOSED LANDSCAPING Botanical Name Common Name Quantitv Size PROPOSED TREES AND SHRUBS ��eA3�,:�d>.i,4 t1�,�L� ��%� �'��/ �J�'u�,4 lXfe,Jv�v��t�} �1��''�r �Z� —� _ iu, 1Y-//d l,f,G �v� t".,� ;��.�,�°� C� � IC��rut;�� — �12Br-�,�f��t-� -�rr��v�,� � 1�of��ufrl/,� � _�,}�' ��'r,�� e��1 �jz.e�� lr��-�� '� ,JG��U� , EXISTING TREES �l�/J��c� � � I� �� TO BE REMOVED Minimum Requirements for Landscaping: Deciduous Trees—2" Caliper Coniferous Trees—6' in height Shrubs—5 Gal. Tvpe Square Footaqe GROUND COVER `-� ' �'� SOD S E E D �1'i �✓L�i�'� IRRIGATION �� G��P�.�A�%/�J��Vf' GNC.�/ �`��'J1iD� r TYPE OF EROSION CONTROL �_/�� l�y/��; -- � ��- Please specify other landscape features(i.e. retaining walls, fences, swimming pools, etc.) Rf�'.��.ti�,vr �� C� �l ��qv �- �4�� tt� �� e� � ; � � �� .�,..:o.� ��. �jteven James Ric�en A•�•A•Arc{�itect P•C• P.Q.Pjox 3z38 �/ai�,�Q 8 I G58-3238 970-3 Zs-o4 5$ 970-389-OI 5o mo6i�e steveric�enarchtect@gmai�.com www.}Zi�enarchitect.com March 25,2014 Design Review Board Town of Vail Department of Community Development 75 South Frontage Road Vail, CO 81657 Re; 4444 A Streamside Circle, Lot 11A BSB Duplex Subdivision, a re-subdivision of Lot 11, Bighorn 4t" Addition The owner's of 444 Streamside Circle are requesting approval to allow construction to Since the recent revision of the GRFA ordinances that allows for improvements below grade, numerous projects of this nature have been approved and completed. This is in step with the development objectives of the Town to allow for property improvements and does not impact any other use nor change the existing use. The proposed remodel is to be constructed without exceeding the Gross Residential Floor Area (GFRA) and will not add to the bunk and mass of the existing structure above grade. Landscaping is also included to the area adjacent to the stream to assist in erosion control and improving the stream quality. Respectfully submitted, Steven \ mes Riden AIA Architect � . _ Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GIIARANTEE COMPANV WWW.LTGC.CON Date: 08-02-2011 Oui-Order Number: V50031468 Property Address: 4444-A STRLAMSIDE CIR. AKA LOT 11A BSB DUPLEX SUB VA1L, CO 81657 Ifyou have any inquiries or require further assistance,please contact one of the numbers below: For Closing Assista�ce: Closer's Assisiani: For Title Assistance: Kathryn Kuchler Allison Benoit Vail Title Dept. 0090 BENCHMARK RD#205 Pl�one: 970-748 4795 PO BOX 3480 Fax: 877-268-4173 610 WEST LIONSHEAD CIRCLE#200 AVON, CO 81620 EMail: abenuit@]tgc.com VAIL, CO 81G57 Phone: 970-748-4782 Phone: 970-476 2251 Fax: 8G6-358-6634 Fax: 970 476-4534 EMail: kkuchler@Itgc.com EMail: eaglecountyrequests@ltgc.com PRUDENTIAL COLORADO PROPERTIES LIONSHEAD`"TMX" SLIPER SMITH &FRAMPTON RIVERFRONT VILLAGE AT WEST 511 LIONSHEAD MALL 126 RIVERFRONT LANE#C100 VAIL, CO 81657 AVON. CO 81620 Attn: KAREN WILHELM Attn: HEATHER LEMON Phone: 970-476-2482 X13 Phone: 970-748-5420 Fas: 970-476-6499 Fa�c: 970-748-5421 Copies: 1 Copies: 1 EMail:wilhelm@vail.net EMail: hlemon@slifer.net Linked Commitment Delivery Linked Commitment Delivery ALBERT&VICTORIA BELSKY MARK MEDLEY 9060 E.HARVARD AVE. Phone: 405-990-7304 DENVER, CO 80231 EMail:mmedley@medleycompany.com Phone: 303-885-7750 Linked Commiiment Delivery EMail: albclsky@msn.com Linked Commitment Delivery LAND TITLE GUARANTEE COMPANY SLIFER SMITH&FRAMPTON-AVON *TMX* 0090 BENCHMARK RD#205 0090 BENCHMARK RD#105 PO BOX 3480 AVON,CO 81620 AVON, CO 81620 Attn: JANNA CARVILL Attn: Kathryn Kuchler Phone: 970-845-2012 Phone: 970-748-4782 Fa�t: 866-743-1589 Fax: 866-358-6634 EMail:jcarvill@slifer.net Copies: 1 Sent Via EMail EMail: kkuchler@llgc.com Land Title Guarantee Company Date: 08-02-2011 Land Title Our Order Number: V500314G8 GUAFANTEE COMPANV WWW.LfGC.IOra Property Address: 4444-A STREAMSIDE CIR. AKA LOT 11A BSB DUPLEX SUB VAIL, CO S1G57 Buyer/Borrower: MARK MEDLEY Seller/Owner: ALBERT BELSKY AND VICTORIA BELSKY Wire Llformation: Bank:FIRSTBANK OF COLORADO 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 Phone: 303-237-5000 Credit:LAND TITLE GUARANTEE COMPANY ABA No.: 107005047 Account:2160521825 Attention:Kathryn Kuch/er Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for direc6ons to an of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 $2,833.00 ALTA Loan Policy 06-17-06 (Bundled Concurrent Rate) $475.00 Deletion of Exceptions 1-3 (Owner) $60.00 Deletion of General Exception 4 (Owner) $15.00 Deletion of Exceptions 1-3 (Lender) $0.00 Deletion of General Exception 4 (Lender) $0.00 Endorsement 100.8 (Alta 9) (Lender) $0.00 Endorsement Alta 5 (Lender) $0. 00 Endorsement Alta 8.1 (Lender) $0.00 Endorsement 103.1 (Lender) $50.00 Tax Repori R012680 & P023705 $50. 00 If Land Title Guarantee Company will be closing this transaction, above fees mi11 be collected at that time. TOTAL $3,483.00 Fo�CONTACT o6io< THANK YOU FOR YOUR ORDER! � First American Title Insurance Company ALTA COMMITM � NT Oui-Order No. V50031468 Schedule A Cust. Ref.: Pi•operiy Address: 4444-A STREAMSIDE CIR. AKA LOT 11A BSB DUPLEX SUB VAIL, CO 81657 1. Efiective Date: July 21, 2011 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $1,250,000.00 Proposed Insured: MARK MEDLEY "ALTA" Loan Policy 06-17-06 $900,000.00 Proposed Insured: A LENDER 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: ALBERT BELSKY AND VICTORIA BELSKY 5. The Land referred to in this Commitment is described as follows: LOT 11A, BSB DUPLEX SUBDNISION, A RESUBDIVISION OF LOT 11, BIGHORN SUBDIVISION FOURTH ADDITION, ACCORDING TO THE PLAT RECORDED MAY 16, 1994 IN BOOK 640 AT PAGE 304, COUNTY OF EAGLE, STATE OF COLORADO. _ ALTA COMMITMENT ScLedule B - Section 1 (Requirements) Our Order No. V50031468 The following are the requirements to be complied witl�: Item (a) Payment to or for the account of the gran�ors or mortgagors of U�e 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 ta�ces, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additiona] requirements, if any disclosed below: 1. EVIDENCE SATISFACTORY TO TH� COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF TH�TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 2. RELEASE OF DE�D OF TRUST DATED JUNE 22, 2010 FROM ALBERT BELSKY AND VICTORIA BELSKY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF U.S. BANK NATIONAL ASSOCIATION ND TO SECURE THE SUM OF $500,000.00 RECORDED JULY 13, 2010, UNDER RECEPTION NO. 201013811. NOTE: THE ABOVE DEED OF TRUST SECURES A LINE OF CREDIT. 3. WARRANTY DEED FROM ALBERT BELSKY AND VICTORIA BELSKY TO MARK MEDLEY CONVEYING SUBJECT PROPERTY. 4. DEED OF TRUST FROM MARK MEDLEY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF A LENDER TO BE DETERMINED TO SECURE THE SUM OF $900,000.00. THE FOLLOWING DELETIONS/MODIFICATIONS ARE FOR THE OWNER'S POLICY AND MORTGAGEE'S POLICY. NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 ON THE LOAN POLICY WILL BE DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS ON THE OWNER'S POLICY WILL BE AMENDED AS FOLLOWS: ALTA COMMITM � NT Schedule B -Section 1 (Requirements) Our Order No. V500314G8 Continued: ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DEL�TED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MAT�RIAL FURNISHED AT THE REQUEST OF ALBERT BL,LSKY AND VICTORIA BELSKY. FIRST AM�RICAN TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LI�NS ARISING FROM WORK OR MATERIAL FURNISHED AT THE R�QU�ST OF MARK MEDLEY. NOT�: ITEM 5 OF THE GENERAL EXCEPTIONS WILL B� DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2011 AND SUBSEQUENT YEARS. � ALTA COMMITMENT Schedule B - Section 2 (Excepiions) Our Order No. V50031468 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 c]aims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land oi•that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or clairns thereof, noi shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would Ue disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or righi 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 attaclung 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 ail 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 NOVEMBER 17, 1902, IN BOOK 48 AT PAGE 492. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 17, 1902, IN BOOK 48 AT PAGE 492. 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 DECEMBER 20, 1962, IN BOOK 174 AT PAGE 403 AND AS AMENDED IN INSTRUMENT RECORD�D FEBRUARY 06, 1964, IN BOOK 182 AT PAGE 31. 11. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES �, ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50031468 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: AS SHOWN ON THE PLAT OF BIGHORN SUBDIVISION FOURTH ADDITION RECORDED F�BRUARY 4, 1964 UNDER RECEPTION NO. 98774. 12. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RES�RVATIONS AND NOTES AS SI-IOWN OR R�SER��ED ON TH�PLAT OF BSB DUPL�X SUBDNISION RECORDEll I�1AY 16, 1994 IN BOOK 640 AT PAGE 304. 13. TERMS, CONDITIONS AND PROVISIONS OF PARTY WALL AGRLEMENT 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 PL,RMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED MAY 16, 1994 IN BOOK 640 AT PAGE 305 AND AS AMENDED IN INSTRUMENT RECORDED JULY 8, 2002 UNDER RECEPTION NO. 800871. LAND TITLE GUARANTEE COMPANY and LAND TITLE GIJARANTEE COMPANY- GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given thaL• A) The sub"ect real property may be located in a special taxing district. B) A Certi�cate of Taxes I�ue lis�ing each taxing jurisdic[ion may be obtained from ihe County Treasurer's aulhorized agei►t. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Comm�ssioners, the County Clerk and Recorder, or the County Assessor. Note: Effective�September 1, 1997, CRS 30-10-406 requires tl�at all documents received for recording or filing in ihe clerk and recorder's office shall contain a top margin of at least one incl� and a lef�, 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 die 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 Regulations 3-5-1, Paragraph C of Article VII re uires that 'Bvery title entity shall be responsible for all matlers which appear of record prior to the dme o�recording whenever the title entity conducts the closin�and is responsible for record'uiQ or filv�g of legal documents resul�ing fiom the transaction which was closed". Provided tllat Lband Title Guarantee Company conducts the closing of the insured fransaction and is responsible for recordin�the ]egal documents from the transaction, exceplion number 5 will not appear on the Owner s Title Po�licy and the Lenders Policy when issued. Note: Affirmative mechanic's lien rotection for the Owner may be available (ty�ical]y by deletion of Exception no. 4 of Schedule B, �ection 2 of the Commitment from the Owner s Policy to be issued) upon compliance with the followin� conditions: A) The land descnbed in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No laUor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of tllis Commitment within lhe past 6 months. C) The Com�any must receive an appropriate affidavit indeinnifying the Company against un-filed mechanic s and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or ma�or repairs undertaken on the property to be purchased within six monlhs prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain constcvction information; financial information as to the seiler, the builder and or the contractor; payment of the appropriate premium fuliy executed Indemnity A reemen[s satisfactory to the com�any, and, any additional requirements as may be necessary a�ter an examinafion of the aforesaid information by the Company. No coverage will be given under any�ircumstances 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[here 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 incl�ude the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrauding or incomplete, or misleading facts or informarion to a policyholder or claimant for the purPose of defrauding or attempflng attemptmg to defraud the policyholder or claimant with regard to a settlemwnt 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 company to provide any of the coverages referred to herein unless the above conditions are fully satistied. DISCLOSURE 02/2011 ' First American Title Insurance Company PRIVACY POLICY We are Com�nitted to Safeguarding Custotner Information In order to better serve your needs now and in the future, we inay ask you to provide us with certain informa�ion. We understand that you may be concerned about w}►at we will do with such infoi•mation - particularly any personal or financial information. We agree that you have a right to know how we will utilize ihe personal information you provide to us. Therefore, toge�her wiU� 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 whicli you provide to us. It does not govern the manner in which we may use infonnation 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 i[s Fair Information Values, a copy of which can be found on our website a� 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 wrifing, in person, by telephone or any other means; * Information aboui 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 .► NOTIC� OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND M�RIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D/B/A LAND TITL� GUARANTE� COIVIPANY - GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guai•antee Company, a Colorado corporation and Meridian Land Title, LLC, d/U/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 hi�liest 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 enflties, 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 Persona] 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 PP.IV.POL.LTG.1 . -- Commrtment for Title Insurance ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY,a Califomia corporation("Company"),for a vaivable consideration,commits to issue its policy or policies of title insurance,as identified m Schedule A,in favor of the Proposed Insured names in Schedule A,as owner or mortgage of the estate or interest in thc land described or referred to m Schedule A, upon payment of the premiums and charges and compiiance with the Requirements;alt subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shali be effective only when the identity of the Proposed Insured antl the amount of the policy or policies committed for have been insertetl in Schedule A by the Company. All liability and ohligation 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 wfll provide a sample of the policy form upon request. This Commitment shall not be valid or binding until cowtersigned by a validating officer or authonzed 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,antl shall fail to disclose such knowledge to the Company in writing,the Company shall he relieved from liabilfty for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced 6y failure to so dfsclose such knowledge.If the proposed Insured shall disciose such knowledge to the Company,or if the Company otherwise acquires actual knowiedge 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 shail not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditfons 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 tiUe insurance policies and is not an abstract of tiUe or a report of the condition of title.Any action or actions or righu 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 an and are wbject 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 shail be ar6itrated 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 Issued by: fIRST AMERICAN TITLE INSURANCE COMPANV LAND TITLE GUARANTEE COMPANY 3033 EAST FIRST AVENUE SUITE 600 � Gr��'�'' PO BOX 5440 (80217) DENVER, CO 80217 � - - . ` � �� AMIRICAN I.ANU TITLk nSSOCInfION A horized Offi r or Agent .r� CC.FA.06 �TM