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HomeMy WebLinkAboutPEC140012Department of Community Development 76 South Frontage Road TOWN OF VAli Vail, CO 81667 Tel: 970 -479 -2128 wwww.vailgov.com De opment Review Coordinator Variance bequest D Application for Review by the MAY o 9 2014 Planning and Environmental Commis TOWN OF Y6% General Information. Variances may be granted in order to prevent or to lessen a ,, unnecessary physical hardships as would result from the strict interpretation armor onforcement of the zoning mutations inconsistent ,with the development objectives of the Town of Tail. A practical CHNIculty or unnecessary physical hardship may result from the size, shape, or dine of a site or the locAion of a sting structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or Itieral compliance with a regulation shall not be a reason for granting a 'variance. The Vail Town Code can be found on the Town's website at wwrw.vai ov.exrm. The Proposed protect' may also require other permits or applications and/or review by the Design Review Board and/or Towwn Council. Fee: 6600 Description of the Request: 2422 07m � 7"""` Physical Address e Parcel Number: '1 + (Contact Eagle Co Assessor at 970-328-8640 for parcel no.) y Property Owner: Mailing Address: Phone/ {J2 641 2k Owner's Signature: ` Primary Contactf Owner Representative: Mailing Address: L •""' Phone: ;k> .� For Office Use Orly: Cash_ CC: Visa "MC Last 4 CC # Exp. Date: th # Check Fee Paid: — Received Meeting fate: i A161 TIA PEC No.` Planner: Project No . Zoning: t_arxl Use: Location of the Proposal: tot: Block: Subdivision: TOWN OF VAIL, COLORADO Statement *****## # # * * * * * # # # * * * * # # # # * * * * * * # * # * * ** * * # # # * * * * * # * # * ** Statement Number:R140000533 Amount: $500.0005/09/201404:18 PM Payment Method: Check Init: SAB Notation: 17756 Pierce Architects ------------------------ - - - - -- --------------- -- Permit No:PEC140012 Type: PEC - Variance Parcel No:2103- 123 - 0701 -4 Site Address: 1807 ALPINE DR VAIL Location: Total Fees: $500.00 This Payment: $500.00Total ALL Pmts: $500.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- - - -- -------------------------- PV 00100003112500 PEC APPLICATION FEES 500.00 ------------------------------ ------------------------------ ----------------- . J YVilliar? If,, 'Dtc: e, A-1, t'.te0 l son )K:arduf. . f.)ire, tiw's) :,r _';; Kath le jinf. >.zi, t;'.'icr: tanr;_er 5/7/14 PROJECT NARRATIVE SETBACK VARIANCE 1807 ALPINE DRIVE, VAIL, CO. LOT 44, VAIL VILLAGE WEST, FILING To Planning and Environmental Commission, Nature of proposed use: PIERCE ARCHITECTS VAIL, COLORADO The Property Owner is converting a portion of an existing single family residence into a Type I Employee Housing Unit containing approximately 628 square feet. The site is allowed 4772 square feet of GRFA plus 550 for the EHU. The existing residence is 3569 square feet (including the 628 square feet that will become the EHU). The residence and EHU are on a site that exceeds 40% grade, allowing the garage to be constructed in the front setback. The existing residence has a garage of approximately 592 square feet, of which 239 square feet are in the front setback. The Property Owner would like to construct 239 square feet of required garage /storage area for the Type I EHU in the front setback, beneath the existing 239 of garage in the front setback. This location is the least visually conspicuous location on the site for this garage /storage area. This location does not increase the site coverage on the site and has the least impact on surrounding properties. Relationship to development objectives of the Town The development objectives of the Town are satisfied with the addition of a Type I EHU in a location that is accessible to public transportation. The location of the required garage /storage area is convenient to EHU and is accessible along the route to the unit entry. Effect on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities The addition of required garage /storage area in the location proposed has no effect on these matters. 1650 l al ridi e I wd, Sou C -.l Fail, i.:.olol'ado, 9ifi`7 P1 ()X4 "6. €i3-l2 aiaaCF � r \-Vilh In 1: Pwi ce. Architect Iy';k iLk, irduti;I)jrccforof':trchikc €urc K:tiltl Ile�hi }�<r, OI'Iicd iviartarer PIERCE ARCHITECTS VAIL, COLORADO Effect on traffic, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow The addition of required garage /storage area in the location proposed has no effect on these matters. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses The proposed location minimizes the scale and bulk of the addition of the required garage /storage area. 1650 f ,ii ,i -c Rot .'ti. Suite C' -I P: 0"70A76,6142 F: 970,476A901 \':tiL Ccti� }r<rcSfs � I t www_�ai larshi €cct�_ cfttrt Land Title Guarantee Company Date: October 18, 2010 MAGDALENA -SOFIA CONTRO ITUARTE AND RICARDO JAVIER MORENO PADILLA 1807 ALPINE DRIVE VAIL, CO 81657 Enclosed please find the title insurance policy for your property located at 1807 ALPINE DRIVE AKA LOT 44 VAIL VILLAGE WEST FLG 1 VAIL CO 81657 The following endorsements are included in this policy: Deletion of Exceptions 1 -3 Deletion of General Exception 4 Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions regarding your final title policy, you may contact Title Department Phone: 970-476-2251 Fax: 970-476-4534 Please refer to our Order No. V50029079 Should you decide to sell the property described in this policy, or if you are required to purchase a new title commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums. Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products and services to you quickly and efficiently. Thank you for giving us the opportunity to serve you. Sincerely, Land Title Guarantee Company Owner's Policy of Title Insurance ISSUED BY First American Title Insurance Company ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE COMPANY UNDER THIS POLICY MUST BE GIVEN TO THE COMPANY AT THE ADDRESS SHOWN IN SECTION 18 OF THE CONDITIONS. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (the "Company ") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the title; This covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by 01 forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; 6i) failure of any person or Entity to have authorized a transfer or conveyance; 01i) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; Iiv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; NO a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) 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. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Tide or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. Issued through the Office of: Land Title Guarantee Company 108 S FRONTAGE RD W #203 VAIL, CO 81657 970476 -2251 A horized Sign ture AO.FA.06 (ALTA 06.17.06) Cover Page 1 of 5 FIRST AMERICAN TITLE INSURANCE COMPANY Colts ��4rAM E RI CAN LAND TITLE -111111W. ASSOCIATION EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (i) the character, dimension, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under evered Risk 5. (b) Any governmental police power. This Exclusion 11b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien an the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance ": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section B(b) or decreased by Sections 10 and 11 of these Conditions. W "Date of Policy ": The date designated as "Date of Policy" in Schedule A. (c) "Entity ": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured ": The Insured named in Schedule A. 10 The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; IC) successors to an Insured by its conversion to another kind of Entity; (0) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured. (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both whogy -owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defensed as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant ": An Insured claiming loss or damage. (f) "Knowledge" or "Known ": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart contructive notice of matters affecting the Title. (g) "Land ": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenue, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. IN "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. W "Public Records ": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shag also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. Ij► "Title ": The estate or interest described in Schedule A. "Unmarketable Title ": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. AOTA.06.2 Cover Page 2 of 5 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation asset forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant fumish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that consitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 1 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for end will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. Ib) The Company shag have the right, in addition to the options contained in Section 1 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desireable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must to so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE Ia) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid G) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Tide or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligation to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. IN The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e•mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. AN information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shag not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath produce any reasonably requested information, ar grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in the subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the tine of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expensed incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (if), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shag terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Tide as insured and the value of the Title subject to the risk insured against by this policy. ADS A.06.3 Cove Page 3 of 5 Ib) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, W the Amount of Insurance shall be increased by 10 %, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a► and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage car,sed to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shag have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shag be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shag execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policys of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "Rules "). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company of the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shag be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim or loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i► modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, liii) extend the Date of Policy, or frvl increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this poicy, in whole or in part, is held invalid or unenforceabe under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shag remain in full force and effect. AO.FA.06.4 Cover Page 4 of 5 17. CHOICE OF LAW; FORUM (a) Choice of Law; The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdicton where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum; Any litigation or other proceeding broughtly the Insured against the Company must ho filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 1 First American Way, Santa Ana, CA 92707, Attn: Claims Department AO.FA.06.5 Cover Page 5 of 5 Form AO /FA LTG Policy No. TAAH50029079 Our Order No. V50029079 Schedule A Amount $1,200,000.00 Property Address: 1807 ALPINE DRIVE AKA LOT 44 VAIL VILLAGE WEST FLG 1 VAIL CO 81657 1. Policy Date: October 01, 2010 at 5:00 P.M. 2. Name of Insured: MAGDALENA SOFIA CONTRO ITUARTE AND RICARDO JAVIER MORENO PADILLA 3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A Fee Simple 4. Title to the estate or interest covered by this policy at the date hereof is vested in: MAGDALENA SOFIA CONTRO ITUARTE AND RICARDO JAVIER MORENO PADILLA 5. The land referred to in this policy is described as follows: LOT 44, VAIL VILLAGE WEST FILING NO. 1, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. This Policy valid only if Schedule B is attached. Land Title Guarantee Company Representing First American Title Insurance Company Form AO /FA Our Order No. V50029079 Schedule B LTG Policy No. TAAH50029079 This policy does not insure against loss or damage Viand the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: General Exceptions: This policy does not insure against loss or damage by reason of the following: 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 of that may asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the Land would disclose, and which are 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 (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. 6. 2010 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE. 7. 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 OCTOBER 04, 1918, IN BOOK 93 AT PAGE 301. 8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 04, 1918, IN BOOK 93 AT PAGE 301. 9. RESERVATIONS OF A TEN PERCENT NON - PARTICIPATING ROYALTY INTEREST CONTAINED IN WARRANTY DEED RECORDED OCTOBER 30, 1962 IN BOOK 166 AT PAGE 407. 10. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES AS SHOWN OR RESERVED ON THE RECORDED PLAT OF VAIL VILLAGE WEST, FILING NO. I. 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, Form AO /FA Our Order No. V50029079 Schedule B 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 OCTOBER 25, 1963, IN BOOK 178 AT PAGE 149 AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 6, 1963, IN BOOK 178 AT PAGE 345. 12. TERMS, CONDITIONS AND PROVISIONS OF REVOCABLE PERMIT RECORDED SEPTEMBER 30, 2005 AT RECEPTION NO. 931382. 13. DEED OF TRUST DATED SEPTEMBER 29, 2010, FROM MAGDALENA SOFIA CONTRO ITUARTE AND RICARDO JAVIER MORENO PADILLA TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF COMPASS BANK TO SECURE THE SUM OF $840,000.00 RECORDED OCTOBER 01, 2010, UNDER RECEPTION NO. 201019831. ITEM NOS. 1 THROUGH 3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF MILDRED J. RAIOLA. FIRST AMERICAN TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF MAGDALENA SOFIA CONTRO 1TUARTE AND RICARDO JAVIER MORENO PADILLA. - Results Page 1 of 1 Printer friendly view Query: HouseNumber -1807 and StreetName= Alpine and Designation =DR And CityLocation is in'VAIL AREA' Showing 1 result on I page Account# Summary Picture 2103 - 123 -07- CONTRO ITUARTE, 001807 ALPINE DR Subdivision: VAIL VILLAGE WEST R013230 014 MAGDALENA SOFIA - VAIL AREA 0 FIL I Lot: 44 BK- 068... MORENO PADILLA, RICARDO JAVIER http: / /property.eaglecounty.us /assessor /taxweb /results.jsp 4/9/2014 % N ��C � ��`\� � ��� � � �� o �, �.� o �m� ��= r%>�r. ° p iJ' .' r ' �