HomeMy WebLinkAboutPEC140019 Flar�ning ar��f Enviranrne�tal Comrr�issvr�
A�TIC)�I FC'�F�.[�
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# I1epa��tment af Camm[�nity Development.
���r�� �}�� ! 75 South Frantage Raad, Vail, Colorado 81657
�f te1: 97Q.479.2139 fax: 970,479.2452
c�.+.�r�,�o�u����+e�,� � web: www.vailgav.corn
Project Name: PEC-DEVELOPMENT PLAN AMENDME PEC Number: PEC140019
Project Description:
CHARTER SPORTS - AMENDMENT TO DEVELOPMENT PLAN TO ALLOW FOR A SEASONAL
STRUCTURE FOR STORAGE OF SKIS
Participants:
OWNER L-0 VAIL HOLDING INC 07/01/2014
1300 WESTHAVEN DR
VAIL, CO
81657
APPLICANT BRAUN ASSOCIATES, INC 07/O1/2014 Phone: 970-926-7575
225 MAIN STREEf, SUITE G - 002
EDWARDS
CO 81632
License: C000001546
Project Address: 1300 WESTHAVEN DR VAIL Location: CASCASE RESORT: CHARTER SPORTS
Legal Description: Lot: Block: Subdivision: CASCADE VILLAGE
Parcel Number: 2103-121-0001-2
Comments:
BOARD/STAFF ACTION
Motion By: Action: WITHDRWN
Second By:
Vote: Date of Approval:
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 300
(PLAN): PEC approval shall not be not become valid for 20 days following the date of
approval.
Planner: Jonathan Spence PEC Fee Paid: $250.00
j Gro��� Department of Community Development
75 South Frontage Road
��W� �� ����� Vail, CO 81657
Tel: 970-479-2128
www.vailgov.com
Development Review Coordinator
Development Plan
Application for Review by the
Planning and Environmental Commission
General Information: This application is required for the establishment or the amendment to an approved development
plan. The establishment or an amendment of a development plan may be required for new construction, change in use
or redevelopment on parcels that are within the following Zoning Districts or as determined by the Administrator:
General Use (GU) District (Section 12-9C, Vail Town Code), Ski Base/ Recreation (SBR) District (Section 12-8D, Vail
Town Code) and Ski Base/ Recreation 2 (SBR2) District (Section 12-8E, Vail Town Code). Sections of the Vail Town
Code may be found on the Town website at www.vailgov.com. The proposed project may also require other permits or
applications and/or review by the Design Review Board and/or the Town Council.
Fee: $1500—Establishment of a Development Plan
$ 250—Amendment to an approved Development Plan
Description of the Request: J 2 �tivJ� }r v c.-�--.�✓�— � S A
S�c. s � GL.w.��— �D o t-a-s } C�..� c...,� �1". �l A o��
Physical Address: \3�v l�2 S� �����- ��: J e--
� < <,��1^3�lal� �� �a
Parcel Number: -t�7��� (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Property Owner: L- o ;..( a ���N S ��S e-c, c.—�r`�Z��t av. �6�i�� C e�-C.�c�S p�nr'�'
Mailing Address: (�N..a-�e... Z.p u r�'S 'C � a o �. y S'1 b ,�a +� , ( O �\lr ZD
Phone: '3°t O S Y� �D
�Owner's Signature:
Primary Contact/Own r Representati e: o � �Z ��"� � �-14-•�^' �`S e c'�4�S :�.n�.
Mailing Address: �2-'� /��+�'` S'i^�`'��-t S �'��- (r�Z- ��,w w�.t� i C o �� �3 Z-
Phone: � Z.(a � �7 S�7'S
E-Mail: �N� (�C k�✓+� A-SS�c��..�1• C o� Fax: �Z�v � 7 S 7 (.P
v
For Office Use Only:
Cash CC: Visa/MC Last 4 CC# Exp. Date: Auth#� Check# ^�_
Fee Paid: � Received From: �
Meeting Date: � 1 PEC No.: �
Ptanner: Project No: ��-P
Zoning: Land Use:
Location of the Proposal: Lot: Block: Subdivision: 1�n�
.
Charter Sports/Cascade Village
Amendment to Approved Development Plan
Cascade Village Area A
June 2014
This application to amend the development plan for Area A of Cascade Village/SDD No. 4
pertains to Charter Sport's proposal to install a seasonal enclosure that will be accessory to
their Cascade Village store. Referred to as the "Ski Hut", the enclosure will provide ski
storage for hotel guests, owners and vacation home renters within Cascade Village. This
seasonal structure is proposed to be located on the Cornerstone development site (now
vacant) and would be erected in November and removed in April. More information on
project is provided below.
The applicant for this amendment is Charter Sports. Charter Sports leases space from L-0
Holdings LLC, owner of the Cascade Village Hotel. L-0 Holdings has provided an
authorization letter for Charter Sports to act on their behalf with respect to this application.
Charter Sports provides ski storage services for hotel guests and L-0 Holdings whole
heartedly supports Charter Sports proposal for the Ski Hut.
Information provided with this application includes:
1. Application form and fee
2. Authorization letter
3. Title report, adjacent property owners list and envelopes
4. Project Narrative
5. Site Plan. Elevation, floor plan
About Charter Sports
Established in 1988, Charter Sports operates twelve locations in the Vail area and Summit
County. Five locations are in Vail - Cascade Village, the Marriott, Lionsquare Lodge,
Streamside and the Holiday Inn Express. While Charter Sports are full service,year-around
retail stores, their primary focus is catering to the ski and bike rental needs of guests to the
Vail area. Charter Sports has been locally owned since its inception.
Charter Sports/Cascade Village
SDD No.4-Amendment to Development/Plan Area A Page 1
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Existing Situation
Charter Sports at Cascade Village is located at the eastern end of the Vail Cascade Resort
and Spa and immediately adjacent to the Cascade Village chairlift. It is the only store in the
immediate area and is the "go to" ski and bike rental store for hotel guests, nearby
condominiums, home owners,and short-term renters. In addition to providing equipment
rentals, Charter Sports has established relationships with the Vail Cascade Resort and Spa,
neighboring condominium projects and property management companies to offer their
owners and guests overnight ski storage. This service provides an important amenity to
the entire Cascade Village development. No fee is charged by Charter Sports for these ski
storage services.
Over the years Cascade Village has evolved into a major lodging destination location and
the number of overnight guests at Cascade Village has increased considerably. Operations
at Charter Sports have grown along with it. However, the size of the store is limited. While
long range plans for Charter Sports include the possibility of a new, larger store when the
neighboring Cornerstone project is developed, currently the size of the store is
compromising their ability to provide quality guest services. The primary constraint of the
store is that the floor area required to store guest's skis has consumed much of the store,
creating long waits for guests to obtain stored equipment and leaving insufficient space for
guest to change into and out of ski boots.
Charter Sports/Cascade Village
SDD No.4-Amendment to Development/Plan Area A Page 2
Summary of Proposal
The underlying goal of this project is to re-purpose the interior of the store in order to
improve guest services. Specifically, more room is needed to provide space to "fit„
customers with their equipment and for guests to have room to sit, relax and change into
and out of ski boots. Skis are currently stored on racks within the store and this use
encompasses approximately half of the stores total floor area. Re-locating skis to another
location would allow this space to be used for a more adequate boot changing area. Re-
locating skies will also allow for additional retail display area within the store. The
primary purpose of this change would be to create a facility capable of providing quality
guest services to the store's existing client base.
Ski storage is proposed to be re-located to a high-quality, temporary outdoor enclosure,
referred to as the Ski Hut. The Ski Hut would be located on a lawn area just outside the
store on the currently vacant Cornerstone site (the Cornerstone site is owned by the same
entity that owns the hotel and is Charter Sports landlord). The proposed location is next to
where a temporary tent is erected each summer by the hotel for summer-time conferences,
receptions and other events and would not interfere with existing walkways/pedestrian
circulation in and around the hotel. The Ski Hut would be erected in November and
removed in April.
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Charter Sports/Cascade Village
SDD No.4-Amendment to Development/Plan Area A Page 3
The Ski Hut is 30'x 45', or 1,350 square feet. Patrons would be serviced within the store
and Charter Sports staff would move skis to the Ski Hut. All transactions and customer
contact would be handled within the store, customers would not have access to the Ski Hut.
A site plan depicting the location of the Ski Hut and surrounding conditions and an
elevation and plan view of the Ski Hut is found in the appendix of this report.
While no final decision has been made on a specific manufacture, the Ski Hut will be an
innovative building solution such as those provided by Sprung. Sometimes referred to as
"Tensioned Membrane Structures",the photo below is an example of these types of
installations.
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The Ski Hut is proposed as a temporary use for two reasons -
• A permanent expansion of the Charter Sports space is not feasible due to the future
development of the Cornerstone Building. This is because there is not sufficient
space to accommodate a building expansion and still allow for the construction of
the Cornerstone Building.
• A temporary structure allows for the use to be discontinued when the Cornerstone
Building is constructed.
Delays in the construction of the Cornerstone Building have resulted in a number of
temporary"situations" in this area of Cascade Village. The stairs to Westhaven Drive and
the Vail Resorts ticket/restroom building are both constructed with a temporary nature
and the summer installation by the hotel of a tent for conferences, receptions and events is
also a temporary use. Each of these uses will be removed at the time the Cornerstone
Charter Sports/Cascade Village
SDD No.4-Amendment to Development/Plan Area A Page 4
Building is constructed. The same is true of the Ski Hut, upon construction of the
Cornerstone Building the Ski Hut will no longer be used.
SDD No.4/Cascade Village Zoning Considerations '
In discussions with Town Staff, it was determined that the Ski Hut is a permitted use within
Planning Area A. Land uses within Cascade Village are regulated by Special Development
District No. 4. Among other things, SDD No. 4 outlines permitted, conditional and accessory
uses for five different planning areas. Charter Sports is located within "Area A- Cascade
Village. This area encompasses the "heart" of the area and includes the Vail Cascade Resort
and Spa along with surrounding condominium projects, the parking structure, athletic club
and chair lift. SDD No. 4 is unique in that unlike most other SDD's in Vail, there is no
"under-lying zoning" in place for SDD No. 4. As such,uses within SDD No. 4 may be as
determined by the Planning and Environmental Commission and the Town Council.
Within Planning Area A,"First floor commercial uses shall be limited to uses listed in
Section 12-7B-3 - Commercial Core I" (with some exceptions for the old CMC building). As
a "retail store", Charter Sports is a permitted use. The Ski Hut is considered an extension of
the store and as such is also a permitted use. Note that no fee is charged to hotel guests and �
guests of the Cascade Village area for ski storage and as such other town zoning provisions
pertaining to "ski storage" and "ski clubs" do not apply to this proposal.
Erecting the Ski Hut, even on a seasonal basis, does require an amendment to the ,
Development Plan for Area A. The Ski Hut is proposed to be located on the Cornerstone '
Development site. The Ski Hut would be removed if and when the Cornerstone project
proceeds to construction. Given the temporary nature of the project, it does not conflict
with nor present a constraint to the currently approved development plans for the portion ,
of Area A.
Review Criteria
The following design criteria shall be used as the principal criteria in evaluating the merits
of the proposed special development district. It shall be the burden of the applicant to
demonstrate that submittal material and the proposed development plan comply with each
of the following standards, or demonstrate that one or more of them is not applicable, or
that a practical solution consistent with the public interest has been achieved:
1. Compatibility: Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale, bulk, building
height, buffer zones, identity, character, visual integrity and orientation.
Charter Sports/Cascade Village
SDD No.4-Amendment to Development/Plan Area A Page 5
Response:
The Ski Hut is compatible with its immediate surroundings. As described above, this portion
of Cascade Village is home to a number ofseasonal and/or temporary uses and facilities.
2. Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
Response:
The storage of skis is a compatible (and necessary) use at the base of Vail Mountain. The
underlying goal of the Ski Hut is to provide more efficient and workable use of Charter Sports
by its patrons.
3. Parking and Loading: Compliance with parking and loading requirements as outlined in
chapter 10 of this title.
Response:
The Ski Hutsimply provides a new location for an existing use that currently occurs on the
property and will not create any increased demand to parking or loading.
4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive
plan,town policies and urban design plans.
Response:
The Ski Hut will allow for improvements to the Charter Sports store that will directly improve
guestservices. Foremost among this is to create improved seating/lounge areas for
customers. This improvement is directly consistent with Town goals of improving customer
service to ourguests.
5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic
hazards that affect the property on which the special development district is proposed.
Response:
There are no natural orgeologic hazards associated with the proposed use.
6. Design Features: Site plan,building design and location and open space provisions
designed to produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
Response:
The location of the tent provides a workable and functional relationship with surrounding
uses and improvements. During winter months the proposed location of the tent is not used
and removal of the tent will allow this lawn area to be utilized in the summer months.
Charter Sports/Cascade Village
SDD No.4-Amendment to Development/Plan Area A Page 6
7.Traffic: A circulation system designed for both vehicles and pedestrians addressing on
and off site traffic circulation.
Response:
The proposal has no bearing on vehicular circulation. Exiting pedestrian walkways are not
affected by the Ski Hut.
8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize
and preserve natural features, recreation,views and function.
Response:
The location of the Ski Hut does not impact any existing landscape improvements. No new
landscaping is proposed.
9.Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
Res�onse:
Phasing is not applicable to the project Note however that the use of the Ski Hut will be
eliminated atsuch time the Cornerstone Building is constructed.
Project Summary
The Ski Hut is proposed to improve service to Vail's visitors and guests. While the
permanent expansion of the Charter Sports building is not feasible due to the future
development of the Cornerstone Building, the fact that this building has not been 'I
constructed creates the opportunity to implement this seasonal facility. The proposed Ski '
Hut is very comparable to the other temporary and seasonal uses and facilities that exist in I,
this area of Cascade Village. While this situation (of seasonal/temporary uses) is somewhat '
unique for Vail, it has proven to be a workable and appropriate situation for this area '
within Cascade Village. ,
Charter Sports/Cascade Village
SDD No.4-Amendment to Development/Plan Area A Page 7
Appendix
Site Plan
Floor Plan/Elevation
Project Survey
Charter Sports/Cascade Village
SDD No.4-Amendment to Development/Plan Area A Page 8
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Charter Sports Adjacent owner's list - 06.03.14
Owner Name L-O VAIL HOLDING INC
In Care Of Name DIRECTOR OF FINANCE
Owner Address 1300 WESTHAVEN DR
VAIL,CO 81657-3890
Owner Name BLUE OX LLC
Owner Address 17 CAMPBELL RD
WAYLAND, MA 01778-1001
Owner Name BEARD,STANLEY S.&BONNIE K.
Owner Address 500 W TEXAS AVE STE 705
MIDLAND,TX 79701-4276
Owner Name LIPNICK,JANIE B.
Owner Address 6238 29TH ST NW
WASHINGTON,DC 20015-1510
Owner Name MATTHEW J. HORVITZ 2002 TRUST,RANCH FIDUCIARY CORPORATION TRUSTEE
Owner Address 1255 WESTHAVEN CIR APT A
VAIL,CO 81657-5383
Owner Name H&C STONE REVOCABLE TRUST
Owner Address 615 PALISADES AVE
SANTA MONICA,CA 90402-2723
Owner Name ANNETTE G.FREY REVOCABLE LIVING TRUST
Owner Address 12604 E 127TH ST S
BROKEN ARROW,OK 74011-5650
Owner Name NANCY ANN HEINEN TRUST,NANCY ANN HEINEN TRUSTEE
Owner Address 2565 SOM CENTER RD
HUNTING VALLEY,OH 44022-6651
Cascade Club Condominiums
Agent Name: Julie Grimm
Management Company Name:
Phone Number: (970) 476 6602
Fax Number: 970 476 7928
Physical Address: 1000 South Frontage Road West Suite 200, Vail, CO
81657
Mailing Address: 1000 South Frontage Road West Suite 200 Vail, CO 81657
Colorado Mountain Condominiums
Agent Name: Don MacLachlan
Management Company Name:
Phone Number: (970) 476 6106
Fax Number: 970 476 4946
Physical Address: 1476 Westhaven Drive, Vail, CO 81657
Mailing Address: 1476 Westhaven Drive Vail, CO 81657
Liftside Condominiums
Agent Name: Don MacLachlan
Management Company Name:
Phone Number: (970) 476 6106
Fax Number: 970 476 4946
Physical Address: 1476 Westhaven Drive, Vail, CO 81657
Mailing Address: 1476 Westhaven Drive Vail, CO 81657
Customer Distribution
��Lie Our Order Number: ABC50038747
GUARANTEECOMPANY
W W W.1TGC.CO M Date: 06-27-2014
Property Address: 1276 WESTHAVEN DR.AKA LIFTSIDEICORNERSTONE,VAIL, CO 81657
For Title Assistance
Scatt Bennetts
5975 GREENWOOD PLAZA BLVD
GREENWOOD VILLAGE,CO 80111
303-850-4175(phone)
303-393-4842(fax)
sbennetts@Itgc.com
Other
BRAUN ASSOCIATES INC
Attention: TOM BRAUN/TIM HALBAKKEN
225 MAIN STREET,SUITE G-2
EDWARDS,CO 81632
970-926-7575(work)
tom@braunassociates.com;tim@braunassociates.com
Delivered via: Electronic Mail
Other
CHARTER SPORTS
Attention: JACK SCHWARTZ
PO BOX 4570
AVON,CO 81620
schwartz@ chartersports.co m
Delivered via: Electronic Mail
ALTA COMMITMENT
First American Title Insurance Company
Schedule A
Order Number: ABC50038747
Customer Ref-Loan No.:
Property Address:
1276 WESTHAVEN DR.AKA LIFTSIDE/CORNERSTONE, VAIL, CO 81657
1. Effective Date:
06-18-2014 at 17:00:00
2. Policy to be Issued and Proposed Insured:
"TBD" Commitment $0.00
Proposed Insured:
A BUYER TO BE DETERMINED
3. The estate or interest in the land described or referred to in this Commitment and covered
herein is:
A FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
L-O WESTHAVEN, INC.,A COLORADO CORPORATION,
AND MECM ENTERPRISES, LTD.,A COLORADO LIMITED PARTNERSHIP;AS THEIR INTERESTS
MAY APPEAR
5. The Land referred to in this Commitment is described as follows:
CORNERSTONE,ACCORDING TO THE"FINAL PLAT, LIFTSIDE/CORNERSTONE" IN THE TOWN OF VAIL,
COUNTY OF EAGLE, STATE OF COLORADO
Copyright 2006-2014 American Land Tide Associauon. All Rights Reserved AMl�
i.Ann r-i-iiE
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 Tide Association.
ALTA COMMITMENT
First American Title Insurance Company
Schedule B Section 1
(Requirements)
Order Number: ABC50038747
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
Item (b) Proper instrument(s)creating the estate or interest to be insured must be executed and duly
filed for record,to-wit:
Item (c) Payment of all taxes,charges or assessments levied and assessed against the subject
premises which are due and payable.
Item (d)Additional requirements, if any disclosed below:
1. WARRANTY DEED FROM L-O WESTHAVEN, INC.,A COLORADO CORPORATION,
AND MECM ENTERPRISES, LTD.,A COLORADO LIMITED PARTNERSHIP;AS THEIR INTERESTS MAY
APPEAR TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY.
NOTE:ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS
NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES ANDIOR CHARGES REFLECTED HEREIN, IF
ANY,ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE
AND ANY AMENDMENTS THERETO.
I
I
First American Title Insurance Company
Schedule B Section 2
(Exceptions)
Order Number: ABC50038747
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the
Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment,encumbrance,violation,variation, or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land and not shown by the
Public Records.
4. Any lien, or right to a lien,for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created,first appearing in the i
public records or attaching subsequent to the effective date hereof but prior to the date of the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. Any and all unpaid taxes,assessments and unredeemed tax sales.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c)water rights,claims or title to water,whether or not the matters excepted under
(a), (b), or(c)are shown by the Public Records.
8. EXISTING LEASES AND TENANCIES.
9. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
HEREBY GRANTED,AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE
AUTHORITY OF THE UNITED STATES,AS RESERVED IN UNITED STATES PATENT RECORDED
AUGUST 16, 1909 IN BOOK 48 AT PAGE 542.
10. RESTRICTIVE COVENANTS,WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION,
SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP,
NATIONAL ORIGIN,ANCESTRY, OR SOURCE OF INCOME,AS SET FORTH IN APPLICABLE STATE OR
FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED
BY APPLICABLE LAW,AS CONTAINED IN INSTRUMENT RECORDED JULY 17, 1981, IN BOOK 326 AT
PAGE 255.
11. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH
AND GRANTED IN DECLARATION AND GRANT OF EASEMENT RECORDED AUGUST 06, 1985 IN
BOOK 421 AT PAGE 651.
12. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ORDER AND
DECREE CREATING THE CASCADE VILLAGE METROPOLITAN DISTRICT RECORDED APRIL 07, 1986
IN BOOK 439 AT PAGE 349 AND ORDER OF INCLUSION RECORDED APRIL 17, 1987 IN BOOK 461 AT
PAGE 122.
13. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN FINDINGS,
First American Title Insurance Company
Schedule B Section 2
(Exceptions)
Order Number: ABC50038747
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:
JUDGMENT AND DECREE RECORDED JULY 14, 1986 IN BOOK 445 AT PAGE 156.
14. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH
AND GRANTED IN CONVEYANCE OF PUBLIC ACCESS EASEMENT FOR PEDESTRIANS RECORDED
JUNE 23, 1987 IN BOOK 464 AT PAGE 940.
15. 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
BYAP,PLICABLE LAW,AS CONTAINED IN INSTRUMENT RECORDED JUNE 23, 1987, IN BOOK 464AT
PAGE$�$.
16. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH
AND GRANTED IN CONTRACT FOR ELECTRIC SERVICE WITH HOLY CROSS ELECTRIC
ASSOCIATION, INC RECORDED MARCH 02, 1988 IN BOOK 479 AT PAGE 741 AND RECORDED
JANUARY 27, 1989 IN BOOK 499 AT PAGE.�54.
17. EASEMENT GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, FOR UNDERGROUND RIGHT-OF-
WAY FOR ELECTRIC TRANSMISSION OR DISTRIBUTION,AND INCIDENTAL PURPOSES, BY
INSTRUMENT RECORDED MARCH 24, 1988, IN BOOK 481 AT PAGE 107.
18. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH
AND GRANTED IN CONVEYANCE OF PUBLICACCESS EASEMENT FOR PEDESTRtANSAND
ROADWAY RECORDED NOVEMBER 30, 1994 IN BOOK 656 AT PAGE 19�.
19. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE
PLAT OF FINAL PLAT, LIFTSIDE/CORNERSTONE RECORDED NOVEMBER 30, 1994 IN BOOK 656 AT
PAGE 197.
20. RESTRICTIVE COVENANTS,WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IFANY, 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
BYAPPLICABLE LAW,AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 08, 1994, IN BOOK
656 AT PAGE 846. FIRSTAMENDMENT THEREOF RECORDED SEPTEMBER 19, 2005 UNDER
RECEPTION NO. 929901.
21. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH
AND GRANTED IN TOWN OF VAILAPPLICATION FOR REVOCABLE PERMIT RECORDED DECEMBER
22, 2008 UNDER RECEPTION NO. 200826841.
LAND TITLE GUARANTEE COMPANY
LAND TITLE GUARANTEE COMPANY-GRAND JUNCTION
1.a1K�Tide
GIJARANTEECOMPANY
„,wW.�T��.�oM DISCLOSURE STATEMENTS
Note:Pursuant to CRS 10-11-122,notice is hereby given that:
A) The Subject real property may be located in a special taxing district.
B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the Counry Treasurer or the Counry Treasurer's
authorized agent.
C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of Counry
Commissioners,the Counry Clerk and Recorder,or the Counry Assessor.
Note: Effective September 1, 1997,CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's
office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch.The clerk and
recorder may refuse to record or file any document that does not conform,except that,the requirement for the top margin shall not apply to
documents using forms on which space is provided for recording or filing information at the top margin of the document.
Note:Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that"Every title entiry shall be responsible for
all matters which appear of record prior to the time of recording whenever the title entiry conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company
conducts the ciosing of the insured transaction and is responsible for recording the legai documents from the transaction,exception number
5 will not appear on the Owner's Title Policy and the Lenders Policy when issued.
Note:Affirmative mechanic's lien protection for the Owner may be available(rypically 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 material-men for purposes of construction on the land described in
Schedule A of this Commitment within the past 6 months.
C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed 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 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.
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 e,
Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased,or otherwise conveyed from the surface estate
and that there is a substantial likelihood that a third party holds some or all interest in oil,gas, other minerals,or geothermal
energy in the properry; and
B) That such mineral estate may include 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,denial
of insurance, and civil damages.Any insurance company or agent of an insurance company who knowingly provides false, incomplete,or
misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyhoider or
claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance
within the department of regulatory agencies.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above
conditions are fully satisfied.
I �
First American Title Insurance Company
PRIVACY POLICY
We are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future,we may ask you to provide us with certain information. We understand that
you may be concerned about what we will do with such information-particularly any personai or financial information. We agree that
you have a right to know how we will utilize the personal information you provide to us. Therefore,together with our parent company,
the First American Corporation,we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from any other source,such as information obtained from a public record or from another person or
entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First
American calls these guidelines its Fair Information Values,a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing,the rypes of nonpublic personal information that we may collect include:
• Information we receive from you on applications,forms and in other communications to us,whether in writing, in person, by
telephone or any other means;
• Information about your transactions with us,our affiliated companies,or others;and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any non affiliated party.
Therefore,we will not release your information to non affiliated 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 qualiry control efforts or
customer analysis. We may also provide all of the rypes 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 casualry 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 pertorm marketing services on
our behalf,on behaff 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 responsibly 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
commitment.privacy.pol.fa
. -
.
JOINT NOTICE OF PRIVACY POLICY OF
� ��e LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY-GRAND JUNCTION,
GLJARANTEE COMPANV LAND TITLE INSURANCE CORPORATION AND
www.ircc.co�+ OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title,
LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal
and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your
trust and confidence is the bedrock of our business. We maintain and regularly review internal and external
safeguards against unauthorized access to non-public personal information("Personal Information").
In the course of our business,we may collect Personal Information about you from:
► applications or other forms we receive from you, including communications sent through TMX,our web-based
transaction management system;
► your transactions with, or from the services being performed by, us, our affiliates, or others;
► a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
► the public records maintained by governmental entities that we either obtain directly from those entities,or from our
affiliates and non-affiliates.
Our policies regarding the protection of the confidentialiry and securiry of your Personal Information are as follows:
► We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
► We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
► Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
► We regularly access securiry 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
[he 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.
, . .
.
� Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
FIRSTAMERICAN TITLE INSURANCE COMPANY,a California corporation("Company"),for avaluable 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 liabiliry and obligation under this Commitment shall cease and terminate six(6)months after the Effective Date or when the policy or policies
committed for shall issue,whichever first occurs,provided that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF,First American Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized
officers on the date shown in Schedule A.
CONDITIONS
1. The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or the 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 ac[of
reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose
such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect,lien encumbrance,adverse
claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not
relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the
definition of the Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in
good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the
estate or interest or mortgage thereon covered by this Commitment. In no event shall such liabiliry exceed the amount stated in Schedule
A for the policy or policies committed for and such liability is subject to the insuring provisions and the 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 issue one or more title insurance policies and is not an abstract of tiUe 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 WWW.a1td.OT'E
Issued by: First American Title Insurance Company
Land Title Guarantee Company
3033 East First Avenue
Suite 600 �� �G��
Denver,Colorado 80206
303-850-4165
�
` � DennisJ.Gilmore AMERICnN
President L�1N D TITLG
ASSOCfATION
Authorized Officer or Agent � / M.
Timothy Kemp
Secretary