HomeMy WebLinkAboutPEC160008 Application Docs.pdfPhysical Address: 105 Edwards Village Blvd,
Suite G104
(970) 949-7034 Mailing Address: P.O. Box 1734
Vail, CO 81658-1734 Edwards, CO 81632 email: general@vagarchitects.com
February 15, 2016
Town of Vail
PEC
Project Narrative
Re: Red Lion Condominium Units R-2 and R-3 Remodel/Expansion
The Red Lion Condominiums located at 304 Bridge Street is a complex comprised of
three Residential Units and numerous tenant Commercial spaces. Most notably the
Red Lion Restaurant and the Bridge Street Bar.
The Three Residential units are located on the upper two floors of the building with the
upper most area of residential space tucked within the 3/12 pitched and gabled roof
structure. After review of Title 12 Chapter 15 the association has determined that their property of
.3204 acres has an available GRFA of 11,165. The recorded condominium plat maps
of 1990 indicate a current GRFA of 8,953. The current and remaining allowable GRFA
was allocated by the Association pro-rata to the three residential units.
Over the last decade or two since any significant improvements to the Red Lion has
taken place the neighborhood consisting of the Old Rucksack Building (now Marmot at 288 Bridge Street) the Vista Bahn Building (Remonov) and the Bridge Street Lodge
along with Siebert Circle have seen significant improvements.
In keeping with the character of these improvements and the original character or the
Red Lion and without additional site coverage impact The Red Lion Units R-2 and R-3
request an addition of a dormer to the existing north sloped roof for the purpose to
enclose approximately 1,400 GRFA per the attached plans and elevations. The
current owners of the residential units are not proposing an increase in unit density.
The proposed dormer and enclosed area does not interfere with the view corridors of
the Village nor add any additional impact to the building, Town, or Community needs
or services.
The Design has carefully blended the architecture and details of the original Red Lion
building including the iconic white stucco and highlighted fascia and soffit. The
proposed roof height is well within the approved limits and at no time breaks the
existing ridge height. The roof slope and finishes along with the revised window
patterns complement and balance to the original.
Physical Address: 105 Edwards Village Blvd,
Suite G104
(970) 949-7034 Mailing Address: P.O. Box 1734
Vail, CO 81658-1734 Edwards, CO 81632 email: general@vagarchitects.com
A most notable improvement will be the relocation of the Red Lion rooftop enclosure
and grill hood discharge. The equipment both large and older in its service years will
be replaced with a more compatible and friendly new version on the upper most roof
area.
The project does not create any additional impacts within the stream path.
The projects suggest the enclosure of an outdated stair and canopy system providing
access to the units from the North. This area abuts the property line and the Marmot
building today but creates an unsightly and potentially dangerous enclosed area at
the ground level. Final designed improvements to this area while include an enclosed
stair riser and heated steps with a suggested more permanent roof solution still
allowing light and access to the Kitchen area below. While the solution is clearly both
functionally and life safety improved the aesthetic presented to both the pedestrian
and adjoining properties will also be greatly improved.
In such this small addition remodel clearly keeps with the suggested Goals and
Objectives of the Vail Village Masterplan.
Most Specifically:
GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE
ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF
COMMUNITY AND IDENTITY.
GOAL #3 TO RECOGNIZE AS A TOP PRIOTITY THE ENHANCEMENT OF THE WALKING
EXPERIENCE THROUGHOUT THE VILLAGE
GOAL #4 TO PRESERVE EXISTING OPEN SPACE AREAS AND EXPAND GREENSPACE OPPORTUNITIES.
GOAL #6 TO ENSURE THE CONTINUED IMPROVEMENT OF THE VITAL OPERATIONAL
ELEMENTS OF THE VILLAGE.
Sincerely,
Judge + Associates Inc. architects and planners, aka VAg inc. Name, Title
Encl.: Application Package to the PEC.
Customer Distribution
Our Order Number: V50041768-2
Date: 08-31-2015
Property Address: 304 BRIDGE STREET AKA UNIT R-3 RED LION INN CONDOS & 360 GORE CREEK DRIVE
AKA UNIT 54 FOUNDERS PARKING GARAGE, VAIL, CO 81657
For Closing Assistance
Erika Frahm
0090 BENCHMARK RD #205
PO BOX 3480
AVON, CO 81620
970-748-4799 (phone)
877-408-7367 (fax)
efrahm@ltgc.com
Closer's Assistant
STACY THIBEDEAU
0090 BENCHMARK RD #205
PO BOX 3480
AVON, CO 81620
970-748-4795 (phone)
877-408-7367 (fax)
sthibedeau@ltgc.com
For Title Assistance
VAIL TITLE DEPARTMENT
610 WEST LIONSHEAD CIRCLE #300
VAIL, CO 81657
970-476-2251 (phone)
970-476-4534 (fax)
eaglecountyrequests@ltgc.com
Buyer/Borrower
MAGENTA INVESTMENTS LLC
Delivered via: Electronic Mail
Attorney for Seller
STOVALL ASSOCIATES PC
Attention: JIM STOVALL
175 MAIN ST #C-109
EDWARDS, CO 81632
970-949-4200 (work)
970-797-1874 (work fax)
jim@vailvalleylaw.net
Delivered via: Electronic Mail
Seller/Owner
AGHILL EQUITIES INC.
Delivered via: Electronic Mail
SLIFER SMITH & FRAMPTON-AVON
Attention: JANNA CARVILL
0090 BENCHMARK RD #105
AVON, CO 81620
970-845-2012 (work)
866-743-1589 (work fax)
jcarvill@slifer.net
Delivered via: Electronic Mail
Agent for Seller
SLIFER SMITH & FRAMPTON - HYATT
Attention: TONY O'BRIEN
148 BEAVER CREEK PLAZA
PO DRAWER 2820
AVON, CO 81620
970-845-9400 (work)
970-845-7635 (work fax)
tobrien@slifer.net
Delivered via: Electronic Mail
Attorney for Buyer
FRITZ FISHER
ffisher@fishersuhr.com
Delivered via: Electronic Mail
Agent for Buyer
SLIFER SMITH & FRAMPTON-AVON
Attention: DAVID MCHUGH
0090 BENCHMARK RD #105
AVON, CO 81620
970-845-8053 (work)
866-271-2735 (work fax)
dmchugh@slifer.net
Delivered via: Electronic Mail
Attorney for Buyer
Attention: THOMAS BALMAT
303-433-6122 (work)
tbalmat@fishersuhr.com
Delivered via: Electronic Mail
Wire Instructions
“Per Colorado Good Funds Statute, Land Title cannot accept funds in the
form of a personal check or an ACH payment”
Bank:
Address:
Phone:
Credit:
ABA No:
Account:
Attention:
FIRSTBANK OF COLORADO
10403 W COLFAX AVENUE
LAKEWOOD, CO 80215
303-237-5000
LAND TITLE GUARANTEE COMPANY
107005047
2160521825
Erika Frahm
Reference V50041768-2
*If any of the above information is missing, the wire will be returned to sender.
*If you have questions or concerns, please contact your closer.
*Please remit funds in the form of a cashiers check or wire
Land Title Guarantee Company
Estimate of Title Fees
Order Number:V50041768-2 Date: 08-31-2015
Property Address:304 BRIDGE STREET AKA UNIT R-3 RED LION INN CONDOS & 360 GORE CREEK DRIVE
AKA UNIT 54 FOUNDERS PARKING GARAGE, VAIL, CO 81657
Buyer/Borrower:MAGENTA INVESTMENTS LLC, A COLORADO LIMITED LIABILITY COMPANY
Seller:AGHILL EQUITIES, INC.
Visit Land Title's website at www.ltgc.com for directions to any of our offices.
Estimate of Title Insurance Fees
ALTA Owners Policy 06-17-06
Deletion of Exceptions 1-3
Deletion of General Exception 4
Endorsement 100.33-06
Tax Certificate
$8,704.00
$60.00
$15.00
$100.00
$60.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing.
Total $8,939.00
THANK YOU FOR YOUR ORDER!
ALTA COMMITMENT
First American Title Insurance Company
Schedule A
Order Number: V50041768-2
Customer Ref-Loan No.:
Property Address:
304 BRIDGE STREET AKA UNIT R-3 RED LION INN CONDOS & 360 GORE CREEK DRIVE AKA UNIT 54
FOUNDERS PARKING GARAGE, VAIL, CO 81657
1. Effective Date:
07-24-2015 at 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"ALTA" Owner's Policy 06-17-06 $4,925,000.00
Proposed Insured:
MAGENTA INVESTMENTS LLC, A COLORADO
LIMITED LIABILITY COMPANY
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:
AGHILL EQUITIES, INC.
5. The Land referred to in this Commitment is described as follows:
PARCEL 1:
CONDOMINIUM UNIT R-3, RED LION INN CONDOMINIUMS, ACCORDING TO THE FIRST SUPPLEMENTAL
MAP FOR THE RED LION INN CONDOMINIUMS, RECORDED MARCH 13, 1992, IN BOOK 575 AT PAGE 26,
AND ACCORDING TO THE CONDOMINIUM DECLARATION RECORDED SEPTEMBER 18, 1981 IN BOOK
329 AT PAGE 104, AND FIRST SUPPLEMENT DECLARATION THERETO RECORDED MARCH 13, 1992, IN
BOOK 575 AT PAGE 27, COUNTY OF EAGLE, STATE OF COLORADO.
PARCEL 2:
CONDOMINIUM UNIT 54, FOUNDERS PARKING GARAGE, ACCORDING TO THE CONDOMINIUM MAP
RECORDED APRIL 6, 2005 RECEPTION NO. 911289, AND AS DEFINED AND DESCRIBED IN THE
CONDOMINIUM DECLARATION RECORDED APRIL 6, 2005 RECEPTION NO. 911290, COUNTY OF EAGLE,
STATE OF COLORADO.
Copyright 2006-2015 American Land Title Association. All Rights Reserved
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA COMMITMENT
First American Title Insurance Company
Schedule B Section 1
(Requirements)
Order Number: V50041768-2
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.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF
THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED.
2.A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS
THERETO FOR MAGENTA INVESTMENTS LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE
FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY
CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY
FOR SAID ENTITY.
NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION.
3.DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF
MAGENTA INVESTMENTS LLC, A COLORADO LIMITED LIABILITY COMPANY AS A LIMITED LIABILITY
COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS
CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE
PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR
OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE
COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS.
NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER.
4.CERTIFICATE OF GOOD STANDING FROM THE SECRETARY OF STATE OR OTHER APPROPRIATE
OFFICER OF APPROPRIATE STATE , SHOWING THAT AGHILL EQUITIES, INC. IS A DULY ORGANIZED
AND EXISTING CORPORATION UNDER THE LAWS OF THE SAID STATE.
NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON RECEIPT OF THE ABOVE.
5.WARRANTY DEED FROM AGHILL EQUITIES, INC. TO MAGENTA INVESTMENTS LLC, A COLORADO
LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY.
NOTE: SAID DOCUMENT CAN BE EXECUTED BY THE PRESIDENT, VICE-PRESIDENT OR CHAIRMAN
OF THE BOARD (CEO) OF THE CORPORATION. IF ANY OTHER OFFICER OF THE CORPORATION OR
AGENT EXECUTES SAID DOCUMENT ON BEHALF OF THE CORPORATION, A POWER OF
ATTORNEY/RESOLUTION MUST BE PROVIDED TO LAND TITLE GRANTING SAID AUTHORIZATION.
THE FOLLOWING DELETIONS/MODIFICATIONS ARE FOR THE OWNER'S POLICY.
ALTA COMMITMENT
First American Title Insurance Company
Schedule B Section 1
(Requirements)
Order Number: V50041768-2
The following are the requirements to be complied with:
NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED.
UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT,
ITEM NO. 4 ON THE LOAN POLICY WILL BE DELETED.
UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT,
ITEM NO. 4 OF THE GENERAL EXCEPTIONS ON THE OWNER'S POLICY WILL BE AMENDED AS
FOLLOWS:
ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS
RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF AGHILL EQUITIES, INC..
FIRST AMERICAN TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING
FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF MAGENTA INVESTMENTS LLC, A
COLORADO LIMITED LIABILITY COMPANY.
NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE
COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS
THE DOCUMENTS IN CONNECTION THEREWITH.
NOTE: UPON PROOF OF PAYMENT OF 2014 TAXES, ITEM 6 WILL BE AMENDED TO READ:
TAXES AND ASSESSMENTS FOR THE YEAR 2015 AND SUBSEQUENT YEARS.
ITEM NOS. 7A & 7B WILL BE DELETED FROM THE OWNERS POLICY WHEN ISSUED.
NOTE: THE ISSUANCE OF THE POLICIES AND/OR ENDORSEMENTS REFERENCED IN THIS
COMMITMENT ARE SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF SAID POLICIES AND/OR
ENDORSEMENTS. THIS COMMITMENT MAY BE REVISED AS REQUIRED BY THE UNDERWRITER TO
ISSUE THE POLICIES AND/OR ENDORSEMENTS REQUESTED. THIS NOTE WILL BE DELETED UPON
THE RECEIPT OF SAID APPROVAL.
First American Title Insurance Company
Schedule B Section 2
(Exceptions)
Order Number: V50041768-2
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
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.
8.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE 475.
9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE
475.
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 AUGUST 10, 1962, IN BOOK 174
AT PAGE 179.
11.THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH
ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, 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 SEPTEMBER 18, 1981, IN BOOK 329 AT PAGE 104,
AND AMENDMENT THERETO RECORDED MARCH 13, 1992, IN BOOK 575 AT PAGE 27
12.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE
RECORDED PLAT OF RED LION INN CONDOMINIUMS RECORDED MARCH 13, 1992 IN BOOK 575 AT
First American Title Insurance Company
Schedule B Section 2
(Exceptions)
Order Number: V50041768-2
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:
PAGE 26.
(ITEMS 8-12 AFFECT PARCEL 1)
13.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 MAY 20, 1905, IN BOOK 48 AT PAGE 511.
14.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1905, IN BOOK 48 AT PAGE
511.
15.TERMS, CONDITIONS AND PROVISIONS OF PROTECTIVE COVENANTS 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 MAY 26, 2004 AT RECEPTION NO. 878450.
16.TERMS, CONDITIONS AND PROVISIONS OF LOT P-3 DEVELOPMENT AGREEMENT RECORDED MAY
26, 2004 AT RECEPTION NO. 878454.
17.RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN
INSTRUMENT RECORDED AUGUST 11, 2004, UNDER RECEPTION NO. 887409.
18.TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT
RECORDED AUGUST 11, 2004 AT RECEPTION NO. 887408.
19.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE
CONDOMINIUM MAP OF FOUNDERS PARKING GARAGE RECORDED APRIL 6, 2005 RECEPTION NO.
911289.
20.THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS, WHICH
ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, 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 APRIL 6, 2005 RECEPTION NO. 911290.
21.TERMS, CONDITIONS AND PROVISIONS OF LICENSE AGREEMENT RECORDED APRIL 6, 2005
RECEPTION NO. 911287.
22.TERMS, CONDITIONS AND PROVISIONS OF RECIPROCAL EASEMENT AGREEMENT RECORDED
MARCH 2, 2005 RECEPTION NO. 907675.
23.TERMS, CONDITIONS AND PROVISIONS OF PARK EASEMENT RECORDED APRIL 6, 2005
RECEPTION NO. 911288.
24.RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ENERGY IN INSTRUMENT RECORDED
First American Title Insurance Company
Schedule B Section 2
(Exceptions)
Order Number: V50041768-2
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:
OCTOBER 28, 2005, UNDER RECEPTION NO. 934827.
25.RESERVATIONS AND RESTRICTIONS, 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 MAY 11, 2005, UNDER RECEPTION NO. 915308.
(ITEMS 13-25 AFFECT PARCEL 2)
LAND TITLE GUARANTEE COMPANY
LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION
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 will be obtained from the county treasurer of the county in which the real
property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the
contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property)
C)The information regarding special districts and the boundaries of such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: 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 G of Article VII requires that "Every title entity shall be responsible for
all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company
conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number
5 will not appear on the Owner's Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-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 disclosing that a mineral estate has been severed from the surface estate, in Schedule
B-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 property; 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 policyholder 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.
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•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 quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions
with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled 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.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you
can visit First American or its affiliates' Web sites o the World Wide Web without telling us how you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-
mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the side, pages viewed and similar information. First American uses this information to
measure the use of our side and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When
information is needed, we will use our best efforts to let you know at the time of collection how we will use the person information. Usually, the personal information we collect is used only by us to respond to your inquiry, process and order or allow you to access specific account/profile information. If you choose to share any personal information with us, we sill only use it in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of “cookie” technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can
send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when
you are here and to provide you with a more meaningful and productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing he collection, use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When,
as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in indentifying the source of the erroneous data so that the consumer can
secure the required corrections.
Education We endeavor to educate the uses of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our
fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
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 confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
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 security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS
NOT PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be
disclosed. We may disclose your Personal Information when you direct or give us permission; when we are
required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or
criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable
privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or
relationship with you.
Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or
the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and
judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title
insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or
referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to
the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule
A by the Company.
All liability and obligation under this Commitment shall cease and terminate six (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 act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires
actual knowledge of any such defect, lien encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of the Insured in
the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment.
In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and 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 title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of The mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.
5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the
option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org
Issued by:
Land Title Guarantee Company
3033 East First Avenue
Suite 600
Denver, Colorado 80206
303-321-1880
First American Title Insurance Company
Authorized Officer or Agent
Owner Name In Care Of Address2 City State Zip
TOWN OF VAIL RE: PEC APPLICATION RED LION 75 S FRONTAGE RD W VAIL CO 81657
REMONOV & CO INC RE: PEC APPLICATION RED LION PO BOX 1888 EDWARDS CO 81632
BRIDGE STREET BUILDING LLC RE: PEC APPLICATION RED LION 155 S MADISON ST STE 308 DENVER CO 80209
GARDINER, WILLIAM A. & DEBORAH A.RE: PEC APPLICATION RED LION 595 EL CERRITO AVE HILLSBOROUGH CA 94010
BRIDGE STREET BUILDING LLC RE: PEC APPLICATION RED LION 155 S MADISON ST STE 308 DENVER CO 80209
MARTIN J. MULLALLY CREDIT TRUST - ETAL RE: PEC APPLICATION RED LION PO BOX 611 MINTURN CO 81645
BRIDGE STREET BUILDING LLC RE: PEC APPLICATION RED LION 155 S MADISON ST STE 308 DENVER CO 80209
TOPAZ INVESTMENTS LTD RE: PEC APPLICATION RED LION 1450 CENTRO CAMARENA MEXICO
HILL, BLANCHE C.RE: PEC APPLICATION RED LION 311 BRIDGE ST VAIL CO 81657
PLAZA LODGE ASSOCIATES LTD RE: PEC APPLICATION RED LION PO BOX 666 VAIL CO 81658
Montage Properties Leah Peterson RE: Red Lion PEC Application PO Box 19135 Avon CO 81620
Christiana at Vail Property Management RE: 278 AND 356 Hanson Ranch Road PEC Applica 356 EAST HANSON RANCH ROAD VAIL CO 81657
VAILPOINT LLC RE: PEC APPLICATION RED LION 8450 E CRESCENT PKWY STE 400 GREENWOOD VILLAGE CO 80111
Account Number Owner Name In Care Of Address1 Address2 City State Zip Subdivision Block Lot Unit Number Street Number Street Name Street Suffix Building Number
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R065012 BRIDGE STREET BUILDING LLC 155 S MADISON ST STE 308 DENVER CO 80209-3014 BRIDGE STREET BUILDING CONDOMINIUMS C-1 288 BRIDGE ST C-1
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R065014 TOPAZ INVESTMENTS LTD GUILLERMO GONZALES 1450 CENTRO CAMARENA MEXICO BRIDGE STREET BUILDING CONDOMINIUMS C-3 288 BRIDGE ST C-3
R052978 HILL, BLANCHE C.311 BRIDGE ST VAIL CO 816574502 HILL BUILDING R 311 BRIDGE ST R
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R011526 BYRNE, RONALD J.285 BRIDGE ST VAIL CO 816574546 BRIDGE STREET CONDO 9 285 BRIDGE ST 9
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Montage Properties Leah Peterson PO Box 19135 Avon CO 81620 MILL CREEK COURT CONDO
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