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HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5D LOT N O GATEWAY UNIT C2 C3Var\ Vi\aqe- Ghnl $\or.tl (,ot N \s9 V4l\ g!.tc"le?gLh trig3 Project Name: VAIL GATEWAY BUITDING Proiect Description: l\Cli-"tv G\(t s-o \};tu',tloPlanning and Environmental Commissi6il ff'ul ACTION FORM Deparbnert of Community Devel@mert 75 South Frontage Road, Vail, Golorado 81657 tel:, 970.479.2L39 fax:, 970.479.2452 web: www.ci.vail.co.us PEC Number: PEC040017 MINOR AMENDMENT TO SDD #21 (EXPANSION OF UNITS C2 & C3) Participants: owNER VArL GATEWAY pl_AZA HOMEOWNER03/15/2004 phone: 12 VAIL ROAD VAIL co 81657 License: APPLICANT GREG GASTINEAU 03/15/2004 phone: 12 VAIL ROAD SUITE #600 vAIt_, co 81657 License: Project Address: Legal Description: Parcel Number: Comments: 12 S FRONTAGE RD EASTVAIL LocaUon: LoB N Block Subdivision: VAIL GATEWAY PLAZA CONDO 210108264008 Motion By: Second By: Vote: CondiUons: BOARD/STAFF ACTION Action: SfAFFAPR Date of Approval: 04ll2l1C/J,4 Cond: B !|Lntl)'_tlo changes to these plans may be made without the written consent of rown ofVail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become varid for 20 days following the date of approval. Bill Gibson pEC Fee paid: g1,000.00Planner: t- tr tr tr tr K. tr tr tr tr Conditional Use PermitD Floodolain Modlficationtr Minor Exterior Alterationtr Major Exterior AlterationE Develooment PlanE Amendment to a Development Plantr Zoning Code AmendmentE Variancetr Sign Variance $6s0 $400 $6s0 $800 $1.s00 $2s0 $1300 $s00 $200 Physical Address:tZ \A'l,t t4a151 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) t\Zoning: C.orntF@.um,, (6uD ) St?usaCavt4- Name(s) of Owner(s): Mailing Address:VAlL Application for Review by the Planning and Environmental Commission Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 tax: 970.479.2452 web: www.ci.vail.co.us General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submifting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until atl required information is received by the Community Development Department, The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Feel Rezoning $1300 Major Subdivision 91500 Minor Subdivision 9650 Exemption Plat $650 Minor Amendment to an SDD $1000 New Special Development District $6000 Major Amendmentto an SDD $6000 Major Amendment to an SDD $1250 (no exterior m od ifi cation s) Description of the Request: LocauonoftheProposal: Lot:NiD BlockS-D Subdivision: Vl4tt-Vtu.A('&hv,gtRuAfb Name of Applicant: Mailing Address: Page 1 of7-01/18102 ,r*m I, ( print name)_Ylal^l_Uz1gtg6l JOINT PROPERW OWNER WRITTEN APPROVAL LETTER , a joint owner of property located at (address/legal description) provide this letter as written approval of the plans dated been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: which have L,W oF Ctu/luitrI.crAt vNrtl C-Z i Pwfft,v(, cF errsn,$b 96,tw'f.T*L giEl(NQ' C!c85ts. I further understand that minor modifications may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations. (Date) Page2 of7-0ll18/02 9. TIMBERLINE COMMERCIAL REAL ESTATE February 23, 2004 Bill Gibson Town ofVail 75 S. Frontage Road Vail, CO 81657 RE: Vail Gateway Plaza Condominiums Proposed Condo Map Ametrdment Dear Bill: This letter serves as the written aprproval from the Vail Gateway Plaza Condominium Association for the application to amend the existing condominium map. The proposed amendments include the subdivision of individual parking spaces for private sale, the expansion of commercial units C-2 & C-3, and the platting ofindividual storage lockers for residential use. Ifthere are any questions, feel free to contact meat(970)476-3436. Thankyou. Sincerelv.\L- Kevin Deighan hesident Vail Gateway Plaea Condominium Association, Inc. 12 VAIL ROAD, SUITE 6OO VAIL, CO 81657 97 0-47 6-1464 970-47 6- I 986 FAX *!*t++*I't**:*'|****f tI*********t,tf +t*** *+'** *** * * * ** r! + +:tr| * * '* ** +{' *** **** + +* ** ++ ** *+***** * *++ ++*** TOWNOFVAIL. COLORADO Statement***'i******++t**+**'**+*********t ***** 'r,r * * * * * *{.* t + {i * ** * * * ** * * * * * + * * * * * * * * + ******* ++***** **** * * Statement Nudber : R04 0 0054 92 Amount I $1, 000.00 o3/L5/2oo4o3:34 PM Payment Method: Check hit: DM Notation! #1781 VAIL GATEVTAY Perrnit No:P8C040017 T:G)e: PBC -Minor SDD Anendnent Parcel llo : 21Ol-08264008 Sitse Address: 12 S FR,ONTAGE RD BAST VAIIJ Loeation: 12 S FROIITAGR ROAD EJAST Total Feea: $1, 000.00 Thie Payment: $1, 000.ooTotal AIrIr PmtE: $1,000.00 Balance I $0.00 *** * * * ** ***+ i * + ++ * | *+ ** * ** * * * *+ * * * ++ ****f ***'1.*'t * + * * * + * * ** ** *,! * * * * * t* * * + * ****a*:* *+***+ * *+ +* +* ACCOUNT ITEM LIST: Account Code Descri pti on Current Pmts PV 00100003112s00 PEc APPLICATION FEES 1 .000 . 00 Land Title Guarantee Company CUSTOMER DISTRIBUTION Date: 03-12-2004 Property Address: Our Order Number: VC50003639-2 12 FRONTAGE ROAD. AKA UNIT C-l AND UNTT C.2, VAIL GATEWAY PLAZA CONDOMINIUM VAIL, CO 81657 Ifpu have any inquiries or require further assistance, please conbct oDe of the numbets below: For Title Assistance: For Closing Assistaqce: Your Closer's Assistant: Vail Titlc Dept. Erika Frahm Kim Takefa Roger Avifa 0030 BENCHMARK RD #216, PO BOX Tffiel.970.7484i184 108 S. FRONTAGE RD. W. #203 AVON, CO 81620 Fax: 970-9494892 P.O. BOX 357 Phone: 97G'94$5$9 EMail: ktaketa@ltgc.com VAIL, CO 81657 Faxz 97G9494892 Phsne:ylMI6225l EMaift efrahm@tgc.com Eaxz 9704154732 EMail: ravila@ltgc.com FIRSTBANK OF VAIL 17 VAIL ROAD VAIL, CO 81657 Attn: DAVE PORTMAN Phone: 9?0-4?9-3308 Fax: 970-179-3309 Senl Via Courier*** VAIL GATEWAY, LLC 12 VAIL ROAI) SUITE 600 VAIL. CO 81657 AITT: GREG GASTINEAU Phone: 970-476-1464 Fax: 9?0-476-1986 Serl Via Courier**' LAND TITLE GUARANTEE COMPANY OOM BENCHMARK RD #216, PO BOX 3480 AVON. CO 81620 Ann: Erika Frahm Phone: 970-949-5099 Fax: 970-949-4892 EMail: efrahm@lqc,com GGG, LLC P.O. BOX 5963 VAIL, CO 81658 AttrT: MELISSAGREENAUER Phone: 970-477-UE3 Far.:970-477-1784 Sent Vla US Postal Service Land Title Guarantee Company Date: 03-r2-2004 Our Order Number: VC50003639-2GUAI Nl€a Coid'Allt Property Address: 12 FRONTAGE ROAD, AKA UNIT C-1 AND UNIT C.2, VAIL GATEWAY PLAZA CONDOMINII.IM VAIL. CO 81657 Buyer/Borrower : GGG, LLC, A COLORADO LMITED LIABILITY COMPA}IY Seller/Ouner: PARCEL I: -VAIL GATEWAY LLC. A DELAWffi Ln,I Wir-e tnforuation: Bank: FIRSTBANK OF COLORADO 10403 wcoLFAxAwNw raKEwwD coqal5 Phone: 303-237-5000 Mit IANDTITI.E GUARANTEE @MPAAIY ABANo.:107@5047 Anouat: 21ffi521825 Ateatioa: Erib Frahm tor ft' trc! (a/IOO!,THA}.IK YOU FOR YOI,'R ORDER! *t*ttaarrr*rr,lrrllrla:3a***'l*{.**+l*+**alat***lll*a***ll*rt+a*talrlr Note: Once an orriginal commitment has been issued, any zubsequent modifications will be emphasized by underlining or comm€nts. * ***d' *1.{ r a i* t *t* ***r* * llt *tf*f* * +tt+f+f* t f++* t+* * | t ll++ *t* *+*l* { t I Need a map or directions for your upcoming ctosing? Check out Land Title's web sit€ at www.ltgc. com for dircctims to any of our 54 office locations. i6 03 ,00 s487 - 00 s700 .00 i70 .00 175 .00 $75 .00 sts . 00 st5 . 00 s7s0 .00 s750.00 6 ESTIMATE OF TITLE FBES Alta Owners Poliry 10-17-92 Alta toan Policv 10-17-92 Deletion of Exceptions l-3 (Owner) Deletion of General Exceptlon 4 (Owner) Tax Report SCH# R032741 Tax Report SCH# R032742 Tax Report SCH# R032745 Tax Report SCH# R032743 Additional Chain Additional Chaln TOTAL Chtcago Tttle Insurance Company ALTA COMMITMENT Schedule A Our Order No. VC50003639-2 Cust. Ref.: Property Address: 12 FRONTAGE ROAD, AKA UNIT C-I AND UMT C-2, VAIL GATEWAY PLAZA CONDOMINIUM VAIL, CO 81657 l. Effec'tive Date: February 04. 2004 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: 'ALTA' Omer's Policy 10-17-92 $383,600.00 Proposed Insured: GGG, LLC, A COLORADO LIMITED LI.ABILITY COMPA}IY "ALTA" toan Policy 10-17-92 $555.000.00 Proposed Imured: FIRSTBANK OF VAIL, ITS SUCCESSORS AND/OR ASSIGNS 3. The cstate or interest in the land described or referrcd to in this Commitment and covered herein is: A Fee Simple 4. Title to thc estate or interest covered h€rein is at the effective date hereof vested in: SEE ATTACHED 5. Thc land rcferred to in this Commitment is desoribed as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No. VC50003639-2 LgLtffimcN PARCEL I: CONDOMTI{IUM UNN C-I A CONDOMINIUMS. IN ACCORDANCE WITH AND SUBIECT TO TTIE CONDOMIMUM DECLARATION FOR VAIL CATEWAY PLAZA CONDOMINIUMS RECORDED ON IANUARY 31. I99I IN BOOK 546 AT PAGE 877 RECEPTION NO. 443020, AND FIRST AMENDMENT TO THE CONDOMINIUM DECLARATION RECORDED MARCH 31. 1999 RECEPTION NO, 691190. AND SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION RECORDED FEBRUARY 27, 2OO2 RECEMON NO. 78?364 AND RERECORDED MARCH 7. 2OO2 RECEPTION NO. 78835I. AND MAP RECORDED ON IANUARY 31. T99I IN BOOK 546 AT PAGE 878 RECEPTION NO. 443021. AND AMENDED MAP RECORDED FEBRUARY 2?. 2OO2 RECEPTION NO. 78?365. AND ACKNOWLEDGEMENT RECORDED APRIL 11. ?O()2 RECEPTION NO. ?91915. IN THE OFFICE OF THE CLERK AND RECORDER OF EAGLE COUNTY. COLORADO. iocmtrR wnH nN BRsnraer.tr noR urILITy LIt'tEs A.s onscRlrsn w pgnn oF nRsnN,IeFIr RECORDED ON MAY 18. 1994 IN BOOK 640 AT PAGE 62I RECEPTION NO. 536670. p.qEGEL-?:- CONDOMINIUM UNTT C.3 AND coNooMnvluMs. nv acconpelcr wrrn AI{o sugmcr to rHs coNooNflI{Iul\'I oecl-RRAnOI{ rOn VAIL GATEWAY PLAZA CONDOMINIUMS RECORDED ON IANUARY 3I. 199T IN BOOK 546 AT PAGE 8?7 RECEPTION NO. 443020. AND FIRST AMENDMENT TO THE CONDOMINIUM DECLARATION RECORDED MARCH 3'T. 1999 RECEPTION NO. 691190. AND SECOND AMENDMENT TO THE CONDOMINIUM DECTARATION RECORDED FEBRUARY 27. 2OO2 RECEPTION NO. 787364 AND RERECORDED MARCH ?. 2OO2 RECEPTION NO. 788351. AND MAP RECORDED ON IANUARY 31. I99I IN BOOK 546 AT PAGE 878 RECEMON NO. 44302I, AND AMENDED MAP RECORDED FEBRUARY 27. 2O()2 RECEPTION NO. 787365. AND ACKNOWLEDGEMENT RECORDED APRIL II. 2(}()2 RECEPTION NO. 79T9I5. IN THE OFFICE OF THE CLERK AND RECORDER OF EAGLE COUNTY. COLORADO. iocnrnen wnH aN ensnl{nNt ron UTtITy tIwBs A,s onscnmeo IN nero on nlsnluel,{T RECORDED ON MAY 18. 1994 IN BOOK 640 AT PACE 62I RECEPTION NO. 536670. ALTA COMMITMENT ScheduleB-Sectlonl (Requirements) Our Order No. VC50003639-2 The following are the requirements to be complied with: Item (a) Payment to or for lhe accounl of the grantors or mortgagors of the full consideration for lhe estate or lnterest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured musl be executed and duly liled for record, to-wit: Item (c) Payment of all taxes, charges or assessments levled and assessed against the subject premises which are due and payable. Item (d) Adilittonal requirements, if any disclosed below: I. EVIDENCE SATISFACTORY TO THE COMPANYTTIATTHETERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 2. WARRANTY DEED FROM VAIL GATEWAY LLC. A DELAWARE LIMITED LIABILITY COMPANY TO GGG. LLC. A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBIECT PROPERTY. NOTE: ARTICLES OF ORGANIZATION FOR VAIL GATEWAY LLC. A DELAWARE LIMITED LIABILITY COMPANY DISCLOSE(S) TIMBERLINE GATEWAY LLC, A COLORADO LIMITED LIABILITY COMPANY AS THE MANAGER(S). NOTE: ARTICLES OF ORGANIZATION FORTIMBERLINE GATEWAY LLC' A COLORADO LMITED LI.ABILITY COMPANY DISCLOSE(S) KEVIN DEIGHAN AND DAVID MUDGETT AS THE MANAGER(S). NOTE: ARTICLES OF ORGANIZATION FOR CGG, LLC, A COLOMDO LIMITED LIABILITY COMPANY DISCLOSE(S) MELISSA GREENAUER AS THE MANAGER(S), THE FOLLOWING DELETIONS/]vIODIFICATIONS ARE FOR THE OWNER'S POLICY. NOTE: ITEMS 1-3 OF THE GENERAL EXCEMONS ARE HEREBY DELETED' UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTAR]ZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE GENEML EXCEPTIONS TS DELETED AS TO ANY LIENS OR FUTURE ALTA COMMITMENT ScheduleB-Secttonl (Requirements)Our Order No. VC50003639-2 Continuod: LMNS RESULTING FROM WORK OR MATERJAL FURNISHED AT THE REQUEST OF VAIL GATEWAY LLC. A DELAWARE LIMITED LIABILITY COMPANY. CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF GGC, LLC, A COLOMDO LIMITED LIABILITY COMPANY. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TMNSACTION(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 2004 AND SUBSEQUENT YEARS. ITEM 7 T]NDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND SEWER CHARGES ARE PAID UP TO DATE. ***+**++** NOTICE OF FEE CHANGE. EFFECTIVE SEPTEMBER l. 2002 r.+t'r.+t+*** Pursuant to Colorado Revised Statute 30-10-421, "The county clerk and recorder shall collect a surcharge of $1.00 for each document received for recording or filing in his or her olhce. The surcharge shall be in addition to any other fees pennltted by statute. " ALTA COMMITMENT ScheduleB-Section2 @xceptions) our Order No. VC50003639-2 The policy or policies to be issued will contain exc€ptions to the following unless the same are disposed of to the satisfaction ofthe Company: l. Rights or claims of parties ln possession not shown by the publlc records. 2. Easements, or claims of easements, not shown by the public records. 3. Dlscrepancies, conflicts tn boundary lines, shortage in area, enooachments, and any facts which a correct survey and lmpection of the premises would disclose and whlch are not shown by lhe public records. 4. Any lien, or right to a lien, for services, labor or material therctofore or hereafter furnished, imposed by law and not shown by the publlc records. 5. Defects, liens, encumbrances, adverse clalms or other matlers, lf any, created, first appearing in the public records or afiaching subsequent to the effective date hereof but prior to the date the proposed insured acqulres of rtcord for value the estate or interest or mortgage thereon covered by thls CommiUnent. 6. Taxes or speclal assessments which are not shown as exisdng llens by the publlc records. 7. Liens for unpald water and sewer charges, if any. 8. In addidon, the owner's policy will be subJect to the mortgage, if any, noted in Section I of Schedule B hereof. 9. RIGTIT OF PROPRIETOR OF A VEIN OR LODE TO EXTMCT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UMTED STATES PATENT RECORDED IULY 12. 1899. IN BOOK 48 AT PAGE 475. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTT,D BY THE AI.ITHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED IULY 12. 1899. IN BOOK 48 AT PAGE 475. 11 . RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE. BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR. RELIGION. SEX. HANDICAP. FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT I.JNDER CHAPTER 42. SECTION 360? OF THE UNITED STATES CODE OR fB) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST }IANDICAP PERSONS. AS CONTAINED IN INSTRUMENT RECORDED AUGUST IO. 1962. IN BOOK 174 AT PAGE I79. 12. UTILITY EASEMENT I() FEET IN WIDTH AI'FECTING A PORTION OF SUBIECT PROPERTY AS SHOWN ON THE RECORDED PLAT OF VAIL VTLLACE. FIRST FILING. ALTA COMMITMENT ScheduleB-Section2 @xceptions) Our Order No. VC50003639-2 The policy or policies to be issued will contain src€,ptions to the following unless the same are disposed of to the satisfEction of the Company: 13. TERMS. CONDITIONS AND PROVISIONS OF ENCROACHMENT AND VIEW AGREEMENT RECORDED DECEMBER 22. 1989 IN BOOK 520 AT PAGE 167. 14. THOSE PROVISIONS. COVENANTS AND CONDITIONS. EASEMENTS AND RESTRICTIONS. WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A. AS CONTAINED IN INSTRUMENT RECORDED IANUARY 3I. 1991. IN BOOK 546 AT PAGE 877 AND FIRST AMENDMENT THERETO RECORDED MARCH 3I. 1999. RECEPTION NO. 691190 AND SECOND AMENDMENT THERETO RECORDED FEBRUARY 27. 2OO2 RECEPTION NO. 787364 AND RERECORDED MARCH 7. 2OO2 RECEPTION NO, 78835I AND ACKNOWLEDGEMENT RECORDED APRIL I I, 2OO2 RECEPTION NO. 79I9I5. 15. EASEMENTS. RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE CONDOMINIUM MAP OF VAIL GATEWAY PLAZA RECORDED IANUARY 3T. 199I IN BOOK 546 AT PAGE 8?8 AND AMENDED MAP RECORDED FEBRUARY 27. 2OO2 RECEPTION NO. 787365. 16. TERMS. CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED AUGUST 16. I99I IN BOOK 560 AT PAGE I79. I?. TERMS. CONDITIONS AND PROVISIONS OF DEED OF EASEMENT RECORDED IVIAY 18. 1994 IN BOOK 640 AT PAGE 62I. ITHE ABOVE ITEMS AFFECT ALL UNITSI 18, TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR ASSIGNED PARKING RECORDED DECEMBER II. 2OO3 AT RECEPTION NO. 861498. (THE ABOVE ITEM AFFECTS UNITS C-i AND C-2) 19. TERMS. CONDITIONS AND PROVISIONS OF AGREEMENT FOR ASSIGNED PARKING RECORDED APRJL 17. 2OO3 AT RECEPTION NO. 830212. 20. TERMS. CONDITIONS AND PROVISIONS OF WAWER OF UNRESTRICTED VIEW RECORDED APRIL 17. 2OO3 AT RECEPTION NO. 830213, ALTA COMMITMENT ScheduleB-Sectionz @xceptions) Our Order No. VC50003639-2 The policy or policies to be issued wilt contain exceptions to the following unless the same are disposed ofto the satisfaction ofthe Company: 21. DEED OF TRUST DATED MAY 14. 2OO3 FROM GGG. LLC. A COLORADO LIMITED LTABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF FIRSTBANK OF VAIL TO SECURE THE SUM OF $5t).O()().()O. AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF. RECORDED MAY 16. 2003. UNDER RECEPTION NO. 833716. OHE ABOVE MEMS AFFECT UNIT C-3) ZZ. TERMS. CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED OCTOBER 30. 2OO2 AT RECEPTION NO. 811941. 23. DEED OF TRUST DATED OCTOBER 15. 2OO2 FROM GGG. LLC. A COLOMDO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF FIRSTBANK OF VAIL TO SECURE THE SUM OF S208.68?.00. AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF. RECORDED OCTOBER 30. 2002. UNDER RECEPTION NO. 811943. NHE ABOVE ITEMS AFFECT UNIT C.5) LAND TITLE GUARANTEE COMPANY DISCLO SI.JRE STATEMENTS Note: P{rs ant to CRS 10-11-122, notice is hereby glven that: A) The subject real property may be located in a special taxlng distict. B) A Certificate of Taxes tlue listing each tadng Jurisdiction may be obtained from the Countlt Treasurer's authorized agent. C) The lnformation regarding special districts and the boundaries of such dlstricts may be obtalned from the Board of County Commissioners, ihe County Clerk and Recorder, or the County Assessor. Note: Effective September l, 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 margln of at least one inch and a left, right and bottom margin of at least one half of an lnch. The clerk and recorder rnay refuse to record or file any document that doei 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 lnformation at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Arltcle VII requires that "Every iltte entity shall be responsible for all matters which appear of record prior to the time of recordlng whenever the tttle entity 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 closing of the insured transacllon and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on lhe Owner's Title Policy and the Lenders Policy when issued. Note: Aftrmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitrnent from the Owner's Policy to be lssued) upon compliance with the following conditions: A) The land described in Schedule A of thts commiunent must be a single family residence whlch includes a condomlnium or townhouse unit, B) No labor or materials have been furnished by mechanlcs or malerial-men for purposes of construcdon on the land described in Schedule A of this Commitrnent wllhln the past 6 months. C) The Company must receive an appropriate affidavit indemntfying the Company agalnst un-filed mechanic's and material-men's liens. D) The Company must recelve payment of the aPproprlate premlum. E) If there his bien construction, improvements or maJor repalrs undertaken on the property to be purchased within six months prior to the Date of the Commitnent, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain consfnction information; financial information as to the seller, the bullder and or the conlractor; payment of lhe appfopriate premium fully executed Indemnity Agreements sallsfactory to the company, and, any additional requlrements 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 lhe insured has contracted for or agreed lo pay. Note: Pursuant to CRS l0-11-123, notice is hereby glven: Thls nofice applies to owner's policy commiunents containing a mineral severance instrumenl exception, or exceptions, in Schedule B, Secdon 2. A) That there is recorded evldence 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 ln the property; and B) That such mlneral estate may include the rtght to enlef and use the property withoul the surface owner's Perrnission. Nothing herein contained wilt be deemed to obllgate the company to provlde any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCIO6URE O9lOr/Oz JOINT NOTICE OF PRIVACY POLICY Fidelity National Financial Group of CompaniedChicago Title Insuranoe Company and Land Title Guarantcc Company July l, 2(X)1 We recopnlze and resnect the privacv exoectations of todav's consumers and lhe requirements of applicable federal and state orliacv laws. We believd that fiakiirs vou aware of liow we ule vour non-pubDc Dersonal infoimation ("Personal Inforinadoil'). and to whom it ls disclosedi "will form the basls for a r6lationshiri of rubt beueen us and the publlc lhat we servri.'Thls Prlvacy Statement provides that explanadon. We reserve fie right to change this Privacy - Statement from time to tlrfie conslstent'with applicable prlvacy laws. In the course of our business, we may collect Personal lnformation about you from the following sources: + From aoolications or other forms we recelve from vou or your aulhorized representative;* From yb'ur transactio4s with, or from the services 6eing p6rformed by, us, oiur affiliates, or others;* From bur internet web sites;* From lhe public records maintained by governmenlal entities that we elther obtaln directly from those entitles. oi' from our alliliales or otheisiand* From consumer or other reporting agenbies. Our Policies Rcgarding the Protection ofthc Confidentiality and Security of Your Personal Information We nalntain ohvslcal. electronic and orocedural safecuards to Drotect your Personal Informatlon from unauthorized acces or lnhision. We llmd access tri the Personal lilformatiori onlv t6 those employees who need such access in connecdon wlth providing products or servlces to you or for other l6gitimate busfte* Purposes. Our Policies and Prac{ices Regarding the Sharing of Your Personal Information We mav share your Personal Information with our affiliates, such as hsurance companies, agents, and olher real estate slttlemedt service providers. We also may disclose your Personal lnformadori: to asenls. brokers or reDresentatives to rrrovide vou with services vou have requested; tq tfird-party conlractq,is or service protiders wlo provide seMcis or perforni marketing or olher functionb o our behalf; and to others with whom wri enter inio joint marketing agrremmts for pmducts or s€rvlces that we believe you nay find of interest. In addldon. we wlll disclose vour Personal Information when vou direct or give us permlsslon, when we are required bv law to db so. or when we"susoect fraudulent or crlmlnal aclivities. We aFo may disclose vour Personal Idformadon whbn otherwlse oenhltted bv aoollcable orlvacv laws such as, for exainple, whe-n disclosure is needed to enforce our rights arising 6ut of any a'gre'dment, trlnsacdon or reladonship with ybu. One of thg iqrpgrtant responsibilities of some of our afflliated companles ls to record doctments in lhe public domain. Such'documents may contain your Personal Information. 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Fotm PRIV. RIIJ.CHI TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department April12,2Q04 Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment pursuant to Section 12-9A- 10, Amendment Procedures, Vail Town Code, to allow for an amendment to the approved development plan for Special Development District No. 21, Vail Gateway, located at 1?Vail Road/Lot N & O, Block 5D, Vail Village 1$ Filing, and setting forth details in regard thereto. Applicant: Vail Gateway Plaza Condominium Association, Inc., represented by Greg GastineauPlanner: Bill Gibson lt. SUMMARY Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment pursuant to Section 12-94-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the approved development plan for Special Development District No. 21 , Vail Gateway, located at 1?Yail Road/Lot N & O, Block 5D, VailVillage 1"'Filing. DESCRIPTION OF REQUEST The applicant, Vail Gateway Plaza Condominium Association, Inc., requested approval of a minor amendment to Special Development District No. 21, Vail Gateway, to allow for the amendment of the approved development plan to allow for the expansion of the existing Vail Gateway mmmercial units C-2 and C-3 by approximately 100 square feet each. The expansions convert existing common hallway floor area to commercial tenant floor area. These expansions are internal to the Vail Gateway Building and do not involve any exterior modifications to the building. ROLES OF REVIEWING BODIES Staff: Action: The staffis responsible forthe final approval, approval with conditions, ordenial of a minor amendment to a special development district. Staff is also responsible for notifying the adjacent property owners and the Planning and Environmental Commission of the administrative action. ril. Planning and Environmental Commission: Action: The Planning and Environmental Commission may appeal the staffaction and then uphold, uphold with modifications, or overturn the staff action. Desiqn Review Board: Action: The Design Review Board has no special development district, but must application. review authority of a minor amendment to a review any accompanying Design Review tv. Town Council: Actions of Design Review Board or Planning and Enviionmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whetheror not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. APPLICABLE PLANNING DOCUMENTS Town Staff believes that the following provisions of the Vail Town Code are relevant to lhe review of this proposal: TITLE 12: ZONING REGULATIONS Chapter 12-9A: Special Development (SDD) Districts 12-94-2: DEFINTTIONS MINOR AMENDMENT (STAFF REVIEW): Modifications to building plans, sife or landscape plans that do not alter the basic intent and character of the approved special development district, and are consisfenf with the design criteria of this chapter. Minor amendments may include, but not be limited to, vaiations of not more than five feet (5') to approved setbacks and/or building footpinfs; changes to landscape or site plans that do not adversely impact pedestian or vehicular circulation throughout the special development district; or changes to gross floor area (excluding residential uses) of not more than fwe percent (5%) of the approved square footage of retail, office, common areas and other nonresidential floor area, except as provided under section 12-15-4, "lnteior Conversions", or 12-15-5, 'Additional Gross Resrdential Floor Area (250 Ordinance)', of this tifle. 1 2-94-1 0: AMENDMENT PROCEDURES: A. Minor Amendments: 1 . Minor modifications consistent with the design citeria outlined in subsection 12- 9A-2 (definition of "minor amendment") of this Article, may be approved by the Depaftmentof Community Development. All minormodificationsshall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Department of Community Development. V. 2. Notification of a proposed minor amendment, and a report of .staff action of said request, shall be provided to all property owners within or adjacent to the special development district that may be affected by the amendment. Affected properties sha// be as determined by the Department of Community Development. Notifications shall be postmarked no later than five (5) days following staff actian on the amendment request and shall include a brief statement describing the amendment and the time and date of when the Planning and Environmental Commission will be informed of the staff decision. ln all cases the report to the Planning and Environmental Commission shall be made within twenty (20) days from the date of fhe sfaffs decision on the requested amendment. 3. Appeals of staff decisions may be filed by adjacent prcperty ownerq owners of property within the special development district, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in Section 12-3-3 of this Title. ADMINISTRATIVE ACTION The Department of Community Development has administratively approved the request for a minor amendment pursuant to Section 12-gA-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the Approved Development Plan for Special Development District No. 21 , Vail Gateway, located at 12 Vail Road/Lot N & O, Block 5D, Vail Village 1$ Filing, based upon the following findings: 1. That the proposed amendment meets the definition of a "minoramendment (staff review)", pursuant to the provisions of Section 12-9A-2, Definitions, Vail Town Code. 2. That the proposed amendment does not alter the basic intent and character of the approved special development district. 3. That the proposed amendment is consistent with the design criteria of Article 12- 9A, Special Development District, Vail Town Code. ATTAGHMENTS A. Vicinity Map B. Architectural Plans C. Public Notice vt. 5 TII TI EI IIt !tI I .BII t I E IIt!II Et I I t tp I , iI a t ? Attachment A B LC.E. COMlel€RdAL ?KoPoseD S SECOND AMENDED EXTENDED BY THIS SECOND AMENDED it,ffi {ii+ttl;lffi CONDOMINTUM PLAT FOR {ONDOMINIUMS D V,A,IL YILLAGE FIRST FILING :LE, STATE AF COLORADO € h \ s \ SECOND FLOOR | ^u qug€O|s tloir. Ara rg .tlloE aa asalt{ID rrtlls. SfrEET 1 of 5 Attachment C THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3€, Vail Town Code, on April 12, 2004, at 2:00 PM in the Town of Vail Municipal Building, in consideration of: Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment pursuant to Section 12-94-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the Approved Development Plan for Special Development District No. 21, Vail Gateway, located at 12Vail Road/Lot N & O, Block 5D, Vail Village l"tFiling, and setting forth details in regard thereto. Applicant Vail Gateway Plaza Condominium Association, Inc., represented by Greg GastineauPlanner: Bill Gibson The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 479-2138 for information. Sign language interpretation available upon request with 24-hour notification. Please call 479- 2356, Telephone for the Hearing lmpaired, for information. Community Development Department Published, March 26, 2004in the Vail Daily. TIMBERLINE COMMERCIAL REAL ESTATE February 23,2004 Bill Gibson Town of Vail 75 S. Frontage Road Vail, CO 81657 RE: ValI Gateway Plaza Condominlums Proposed Condo Map Amendment Dear Bill: The following is a list ofthe adjacent property owners as required by our application: 1. Village Inn Plaza Condominiums - Phase I cio Slifer Management 143 E. Meadow Drive, #360 Vail, CO 81657 2. Village Inn Plaza Condominiums - Phase 2 c/o Slifer Management 143 E. Meadow Drive, #360 Vail, CO 8165? 3. Village Inn Plaza Condominiums - Phase 3 c/o Josef Staufer 100 E. Meadow Drive, #31 Vail, CO 81657 4. Village krn Plaza Condominiums - Phase 5 c/o Josef Staufer 100 E. Meadow Drive, #31 Vail, CO 81657. 5, Alpine Ventures Inc., dba Alpine Standard JeffMoellentine 28 S. Frontage Road Vail, CO 81657 6. 9 Vait Road Holiday House Condominium Assooiation P.O. Box 5733 Vail, Cg 81658 12 VAIL ROAD, SUITE 600 VAIL' CO 8I657 970-47 6-1 464 970-476-l 986 FAX 1, Vall Gatc.'aq f[tzn bJo' Atto'' 8 LD,T Vail Gateway Plaza Condominium Assoc. 12 Vail Roa4 Suite 600 Vail, CO 81657 Colorado Department of Transpodation 42OlE.Arkansas Ave., Room 277 Denver, CO80222