HomeMy WebLinkAboutDRB18-0121_Approved Documents_1525731502.pdfACTION FORM
Design Review Board (DRB)
Department of Community Development
75 South Frontage Road West
Vail, CO 81657
Tel: 970-479-2139
www.vailgov.com
Project Name: Hanson Residence 2018 Application Number: DRB18-0121
Application Type: Exterior Alteration Date Applied: 04/12/2018
Project Description: Expand the existing deck and add a patio.
CONTACTS
Contact Type: Applicant
Full Name: Beth Levine Architect Inc (Beth Levine)
Address:PO Box 1828 111 W. Beaver Creek Blvd., 1825 Avon,
CO 81620 Phone: 9709264993
Contact Type: Property Owner
Full Name: HANSON, LINDA MAY
Address: Phone: None
Project Address: 770 POTATO PATCH DR 15 (210106319015 15) (210106319015)
Job Site Location: 15
Legal Description: Subdivision: VAIL POTATO PATCH FILING 1 Lot: 6 Block: 2
Parcel Number: 210106319015
BOARDS/STAFF ACTION
Motion By: Action: Staff Approved
Second By:
Vote: Date: 05/07/2018
Conditions:
- Approval of this project shall lapse and become void one (1) year following the date of final approval, unless
a building permit is issued and construction is commenced and is diligently pursued toward completion.
- Design Review Board approval does not constitute a permit for building. Please consult with Town of Vail
building personnel prior to construction activities.
- Design Review Board approval shall not become valid for 20 days following the date of approval, pursuant
to the Vail Town Code, Chapter 12-3-3 Appeals.
- No changes to these plans maybe made without the written consent of Town of Vail staff and/or the
appropriate review committee(s).
- Applicant shall vegetate all disturbed soils with grass seed, sod, or mulch.
- Applicant shall match the deck railing design, material, and color approved by the HOA.
Planner: Justin Lightfield
770 POTATO PATCH - UNIT 15LOT 6, BLOCK 2, FILING: VAIL POTATO PATCHDATEISSUE - Beth Levine Architect, Inc.P.O. Box 1825Avon, CO 81620(970) 926-4993 (P)(970) 926-2993 (F)HANSON RESIDENCEVAIL, COLORADO 81657
P.O. Box 1980, 0050 Chambers Ave. Suite I
Eagle, CO 81631
Phone: (970) 328-5211
Fax: (866) 828-9541
81306 (6/06) ALTA Owners Policy (6/17/06)
Copyright 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.
Linda May Hanson
397 Orofino Drive
Castle Rock, CO 80108
File Number: 598-H0463134-060-SG1
Property Address: 770 Potato Patch Drive #15, Vail, CO 81657
Policy Number: CO-FFAH-IMP-81306-1-16-H0463134
Dear New Property Owner:
Congratulations on your real estate purchase. Enclosed is your Policy of Title Insurance. This policy contains important information
about your real estate transaction, and it insures you against certain risks to your ownership. Please read it and retain it with your
other valuable papers.
A permanent record of your recorded title documents is accessible through our office. These records will enable prompt processing of
future title orders and save valuable time should you wish to sell or obtain a loan on your property. Visit or call our office and simply
give us your personal policy file number when you need assistance.
In the event you sell your property or borrow money from a mortgage lender you may be entitled to a discount rate if you order your
title insurance through this company.
We appreciate the opportunity of serving you and will be happy to assist you in any way in regard to your future title service needs.
Sincerely,
Heritage Title Company, Inc.
81306 (6/06) ALTA Owners Policy (6/17/06)
Copyright 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.
Commonwealth Land Title Insurance Company
POLICY NO.: CO-FFAH-IMP-81306-1-16-H0463134
OOWWNNEERRSS PPOOLLIICCYY OOFF TTIITTLLEE IINNSSUURRAANNCCEE
Issued by
Commonwealth Land Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Nebraska corporation
(the Company) insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or
damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss
from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform
those acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term encroachment includes encroachments
of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building
and zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
Order No.: H0463134-060-SG1 Policy No.: CO-FFAH-IMP-81306-1-16-H0463134
81306 (6/06) ALTA Owners Policy (6/17/06)
Copyright 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.
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the
enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the
Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer
of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in
Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,
state insolvency, or similar creditors rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under
federal bankruptcy, state insolvency, or similar creditors rights laws by reason of the failure of its recording in the
Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created
or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the
deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys fees, and expenses incurred in defense of any matter insured against by this Policy,
but only to the extent provided in the Conditions.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused this policy to be signed and
sealed by its duly authorized officers.
Commonwealth Land Title Insurance Company
Countersigned:
By:
Authorized Officer or Agent
Order No.: H0463134-060-SG1 Policy No.: CO-FFAH-IMP-81306-1-16-H0463134
81306 (6/06) ALTA Owners Policy (6/17/06)
Copyright 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.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys fees, or expenses
that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided
under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws, that the transaction vesting the Title as shown in
Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy
mean:
(a) Amount of Insurance: The amount
stated in Schedule A, as may be increased or
decreased by endorsement to this policy, increased by
Section 8(b), or decreased by Sections 10 and 11 of
these Conditions.
(b) Date of Policy: The date designated as
Date of Policy in Schedule A.
(c) Entity: A corporation, partnership, trust,
limited liability company, or other similar legal
entity.
(d) Insured: The Insured named in
Schedule A.
(i) The term Insured also includes
(A) successors to the Title of the
Insured by operation of law as distinguished from
purchase, including heirs, devisees, survivors,
personal representatives, or next of kin;
(B) successors to an Insured by
dissolution, merger, consolidation, distribution, or
reorganization;
(C) successors to an Insured by its
conversion to another kind of Entity;
(D) a grantee of an Insured under a
deed delivered without payment of actual valuable
consideration conveying the Title
(1) if the stock, shares,
memberships, or other equity interests of the grantee
are wholly-owned by the named Insured,
(2) if the grantee wholly
owns the named Insured,
(3) if the grantee is wholly-
owned by an affiliated Entity of the named Insured,
provided the affiliated Entity and the named Insured
are both wholly-owned by the same person or Entity,
or
(4) if the grantee is a trustee
or beneficiary of a trust created by a written
instrument established by the Insured named in
Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C), and (D)
reserving, however, all rights and defenses as to any
successor that the Company would have had against
any predecessor Insured.
(e) Insured Claimant: An Insured claiming
loss or damage.
(f) Knowledge or Known: Actual
knowledge, not constructive knowledge or notice that
may be imputed to an Insured by reason of the Public
Records or any other records that impart constructive
notice of matters affecting the Title.
(g) Land: The land described in Schedule
A, and affixed improvements that by law constitute
real property. The term Land does not include any
property beyond the lines of the area described in
Schedule A, nor any right, title, interest, estate, or
easement in abutting streets, roads, avenues, alleys,
lanes, ways, or waterways, but this does not modify
or limit the extent that a right of access to and from
the Land is insured by this policy.
(h) Mortgage: Mortgage, deed of trust, trust
deed, or other security instrument, including one
evidenced by electronic means authorized by law.
(i) Public Records: Records established
under state statutes at Date of Policy for the purpose
of imparting constructive notice of matters relating to
real property to purchasers for value and without
Knowledge. With respect to Covered Risk 5(d),
Public Records shall also include environmental
protection liens filed in the records of the clerk of the
United States District Court for the district where the
Land is located.
(j) Title: The estate or interest described in
Schedule A.
(k) Unmarketable Title: Title affected by an
alleged or apparent matter that would permit a
prospective purchaser or lessee of the Title or lender
on the Title to be released from the obligation to
purchase, lease, or lend if there is a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in
force as of Date of Policy in favor of an Insured, but
only so long as the Insured retains an estate or
interest in the Land, or holds an obligation secured by
a purchase money Mortgage given by a purchaser
from the Insured, or only so long as the Insured shall
have liability by reason of warranties in any transfer
or conveyance of the Title. This policy shall not
continue in force in favor of any purchaser from the
Insured of either (i) an estate or interest in the Land,
or (ii) an obligation secured by a purchase money
Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY
INSURED CLAIMANT
The Insured shall notify the Company promptly
in writing (i) in case of any litigation as set forth in
Section 5(a) of these Conditions, (ii) in case
Knowledge shall come to an Insured hereunder of
any claim of title or interest that is adverse to the
Title, as insured, and that might cause loss or damage
for which the Company may be liable by virtue of
this policy, or (iii) if the Title, as insured, is rejected
as Unmarketable Title. If the Company is prejudiced
by the failure of the Insured Claimant to provide
prompt notice, the Companys liability to the Insured
Claimant under the policy shall be reduced to the
extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to
determine the amount of loss or damage, the
Company may, at its option, require as a condition of
payment that the Insured Claimant furnish a signed
proof of loss. The proof of loss must describe the
defect, lien, encumbrance, or other matter insured
against by this policy that constitutes the basis of loss
or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage.
Order No.: H0463134-060-SG1 Policy No.: CO-FFAH-IMP-81306-1-16-H0463134
81306 (6/06) ALTA Owners Policy (6/17/06)
Copyright 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.
5. DEFENSE AND PROSECUTION OF
ACTIONS
(a) Upon written request by the Insured, and
subject to the options contained in Section 7 of these
Conditions, the Company, at its own cost and without
unreasonable delay, shall provide for the defense of
an Insured in litigation in which any third party
asserts a claim covered by this policy adverse to the
Insured. This obligation is limited to only those stated
causes of action alleging matters insured against by
this policy. The Company shall have the right to
select counsel of its choice (subject to the right of the
Insured to object for reasonable cause) to represent
the Insured as to those stated causes of action. It shall
not be liable for and will not pay the fees of any other
counsel. The Company will not pay any fees, costs,
or expenses incurred by the Insured in the defense of
those causes of action that allege matters not insured
against by this policy.
(b) The Company shall have the right, in
addition to the options contained in Section 7 of these
Conditions, at its own cost, to institute and prosecute
any action or proceeding or to do any other act that in
its opinion may be necessary or desirable to establish
the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any
appropriate action under the terms of this policy,
whether or not it shall be liable to the Insured. The
exercise of these rights shall not be an admission of
liability or waiver of any provision of this policy. If
the Company exercises its rights under this
subsection, it must do so diligently.
(c) Whenever the Company brings an action
or asserts a defense as required or permitted by this
policy, the Company may pursue the litigation to a
final determination by a court of competent
jurisdiction, and it expressly reserves the right, in its
sole discretion, to appeal from any adverse judgment
or order.
6. DUTY OF INSURED CLAIMANT TO
COOPERATE
(a) In all cases where this policy permits or
requires the Company to prosecute or provide for the
defense of any action or proceeding and any appeals,
the Insured shall secure to the Company the right to
so prosecute or provide defense in the action or
proceeding, including the right to use, at its option,
the name of the Insured for this purpose. Whenever
requested by the Company, the Insured, at the
Companys expense, shall give the Company all
reasonable aid (i) in securing evidence, obtaining
witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any
other lawful act that in the opinion of the Company
may be necessary or desirable to establish the Title or
any other matter as insured. If the Company is
prejudiced by the failure of the Insured to furnish the
required cooperation, the Companys obligations to
the Insured under the policy shall terminate,
including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to
the matter or matters requiring such cooperation.
(b) The Company may reasonably require the
Insured Claimant to submit to examination under
oath by any authorized representative of the
Company and to produce for examination, inspection,
and copying, at such reasonable times and places as
may be designated by the authorized representative of
the Company, all records, in whatever medium
maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e-mails, disks,
tapes, and videos whether bearing a date before or
after Date of Policy, that reasonably pertain to the
loss or damage. Further, if requested by any
authorized representative of the Company, the
Insured Claimant shall grant its permission, in
writing, for any authorized representative of the
Company to examine, inspect, and copy all of these
records in the custody or control of a third party that
reasonably pertain to the loss or damage. All
information designated as confidential by the Insured
Claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary
in the administration of the claim. Failure of the
Insured Claimant to submit for examination under
oath, produce any reasonably requested information,
or grant permission to secure reasonably necessary
information from third parties as required in this
subsection, unless prohibited by law or governmental
regulation, shall terminate any liability of the
Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE
SETTLE CLAIMS; TERMINATION OF
LIABILITY
In case of a claim under this policy, the
Company shall have the following additional options:
(a) To Pay or Tender Payment of the
Amount of Insurance.
To pay or tender payment of the Amount of
Insurance under this policy together with any costs,
attorneys fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to
the time of payment or tender of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of this
option, all liability and obligations of the Company to
the Insured under this policy, other than to make the
payment required in this subsection, shall terminate,
including any liability or obligation to defend,
prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With
Parties Other Than the Insured or With the
Insured Claimant.
(i) To pay or otherwise settle with other
parties for or in the name of an Insured Claimant any
claim insured against under this policy. In addition,
the Company will pay any costs, attorneys fees, and
expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of
payment and that the Company is obligated to pay; or
(ii) To pay or otherwise settle with the
Insured Claimant the loss or damage provided for
under this policy, together with any costs, attorneys
fees, and expenses incurred by the Insured Claimant
that were authorized by the Company up to the time
of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of
the options provided for in subsections (b)(i) or (ii),
the Companys obligations to the Insured under this
policy for the claimed loss or damage, other than the
payments required to be made, shall terminate,
including any liability or obligation to defend,
prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF
LIABILITY
This policy is a contract of indemnity against
actual monetary loss or damage sustained or incurred
by the Insured Claimant who has suffered loss or
damage by reason of matters insured against by this
policy.
(a) The extent of liability of the Company for
loss or damage under this policy shall not exceed the
lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of
the Title as insured and the value of the Title subject
to the risk insured against by this policy.
(b) If the Company pursues its rights under
Section 5 of these Conditions and is unsuccessful in
establishing the Title, as insured,
(i) the Amount of Insurance shall be
increased by 10%, and
(ii) the Insured Claimant shall have the
right to have the loss or damage determined either as
of the date the claim was made by the Insured
Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under
(a) and (b), the Company will also pay those costs,
attorneys fees, and expenses incurred in accordance
with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or
removes the alleged defect, lien or encumbrance, or
cures the lack of a right of access to or from the
Land, or cures the claim of Unmarketable Title, all as
insured, in a reasonably diligent manner by any
method, including litigation and the completion of
any appeals, it shall have fully performed its
obligations with respect to that matter and shall not
be liable for any loss or damage caused to the
Insured.
(b) In the event of any litigation, including
litigation by the Company or with the Companys
consent, the Company shall have no liability for loss
or damage until there has been a final determination
by a court of competent jurisdiction, and disposition
of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss
or damage to the Insured for liability voluntarily
assumed by the Insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE;
REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except
payments made for costs, attorneys fees, and
expenses, shall reduce the Amount of Insurance by
the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by
any amount the Company pays under any policy
insuring a Mortgage to which exception is taken in
Schedule B or to which the Insured has agreed,
assumed, or taken subject, or which is executed by an
Insured after Date of Policy and which is a charge or
lien on the Title, and the amount so paid shall be
deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage
have been definitely fixed in accordance with these
Conditions, the payment shall be made within 30
days.
13. RIGHTS OF RECOVERY UPON
PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled
and paid a claim under this policy, it shall be
Order No.: H0463134-060-SG1 Policy No.: CO-FFAH-IMP-81306-1-16-H0463134
81306 (6/06) ALTA Owners Policy (6/17/06)
Copyright 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.
subrogated and entitled to the rights of the Insured
Claimant in the Title and all other rights and
remedies in respect to the claim that the Insured
Claimant has against any person or property, to the
extent of the amount of any loss, costs, attorneys
fees, and expenses paid by the Company. If requested
by the Company, the Insured Claimant shall execute
documents to evidence the transfer to the Company
of these rights and remedies. The Insured Claimant
shall permit the Company to sue, compromise, or
settle in the name of the Insured Claimant and to use
the name of the Insured Claimant in any transaction
or litigation involving these rights and remedies.
If a payment on account of a claim does not
fully cover the loss of the Insured Claimant, the
Company shall defer the exercise of its right to
recover until after the Insured Claimant shall have
recovered its loss.
(b) The Companys right of subrogation
includes the rights of the Insured to indemnities,
guaranties, other policies of insurance, or bonds,
notwithstanding any terms or conditions contained in
those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand
that the claim or controversy shall be submitted to
arbitration pursuant to the Title Insurance Arbitration
Rules of the American Land Title Association
(Rules). Except as provided in the Rules, there
shall be no joinder or consolidation with claims or
controversies of other persons. Arbitrable matters
may include, but are not limited to, any controversy
or claim between the Company and the Insured
arising out of or relating to this policy, any service in
connection with its issuance or the breach of a policy
provision, or to any other controversy or claim
arising out of the transaction giving rise to this
policy. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be arbitrated at
the option of either the Company or the Insured. All
arbitrable matters when the Amount of Insurance is
in excess of $2,000,000 shall be arbitrated only when
agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the
Rules shall be binding upon the parties. Judgment
upon the award rendered by the Arbitrator(s) may be
entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT
(a) This policy together with all
endorsements, if any, attached to it by the Company
is the entire policy and contract between the Insured
and the Company. In interpreting any provision of
this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises
out of the status of the Title or by any action asserting
such claim shall be restricted to this policy.
(c) Any amendment of or endorsement to this
policy must be in writing and authenticated by an
authorized person, or expressly incorporated by
Schedule A of this policy.
(d) Each endorsement to this policy issued at
any time is made a part of this policy and is subject to
all of its terms and provisions. Except as the
endorsement expressly states, it does not (i) modify
any of the terms and provisions of the policy, (ii)
modify any prior endorsement, (iii) extend the Date
of Policy, or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in
whole or in part, is held invalid or unenforceable
under applicable law, the policy shall be deemed not
to include that provision or such part held to be
invalid, but all other provisions shall remain in full
force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured
acknowledges the Company has underwritten the
risks covered by this policy and determined the
premium charged therefor in reliance upon the law
affecting interests in real property and applicable to
the interpretation, rights, remedies, or enforcement of
policies of title insurance of the jurisdiction where
the Land is located.
Therefore, the court or an arbitrator shall apply
the law of the jurisdiction where the Land is located
to determine the validity of claims against the Title
that are adverse to the Insured and to interpret and
enforce the terms of this policy. In neither case shall
the court or arbitrator apply its conflicts of law
principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other
proceeding brought by the Insured against the
Company must be filed only in a state or federal
court within the United States of America or its
territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or
statement in writing required to be given to the
Company under this policy must be given to the
Company at Commonwealth Land Title Insurance
Company, Attn: Claims Department, Post Office Box
45023, Jacksonville, Florida 32232-5023.
Order No.: H0463134-060-SG1 Policy No.: CO-FFAH-IMP-81306-1-16-H0463134
81306A (6/06)
ALTA Owners Policy (6/17/06)
Copyright 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.
NOTICE CONCERNING FRAUDULENT INSURANCE ACTS
(This Notice is Permanently Affixed Hereto)
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.
C. R. S. A. § 10-1-128 (6)(a).
Order No.: H0463134-060-SG1 Policy No.: CO-FFAH-IMP-81306-1-16-H0463134
81306A (6/06)
ALTA Owners Policy (6/17/06)
Copyright 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.
Commonwealth Land Title Insurance Company
SCHEDULE A
Name and Address of Title Insurance Company: Heritage Title Company, Inc.
P.O. Box 1980, 0050 Chambers Ave. Suite I
Eagle, CO 81631
Policy No.: CO-FFAH-IMP-81306-1-16-H0463134 Order No.: H0463134-060-SG1
Address Reference: 770 Potato Patch Drive #15, Vail, CO 81657
Amount of Insurance: $1,476,000.00
Date of Policy: May 17, 2016 at 12:11:58 PM
1. Name of Insured:
Linda May Hanson
2. The estate or interest in the Land that is insured by this policy is:
A Fee Simple
3. Title is vested in:
Linda May Hanson
4. The Land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof.
Order No.: H0463134-060-SG1 Policy No.: CO-FFAH-IMP-81306-1-16-H0463134
81306A (6/06)
ALTA Owners Policy (6/17/06)
Copyright 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.
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
Condominium Unit 15, 770 Potato Patch Drive Condominiums, according to the Condominium Map thereof
recorded December 23, 1982 in Book 350 at Page 903, and as defined in the Condominium Declaration recorded
December 23, 1982 in Book 350 at Page 902,
County of Eagle, State of Colorado
Order No.: H0463134-060-SG1 Policy No.: CO-FFAH-IMP-81306-1-16-H0463134
81306B (6/06)
ALTA Owners Policy (6/17/06)
Copyright 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.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys fees, or expenses that
arise by reason of:
1. Water rights, claims of title to water, whether or not shown by the Public Records..
2. All taxes and assessments for the year 2016 and subsequent years, a lien but not yet due or payable.
3. Right of way for ditches and canals constructed by the authority of the United States, as reserved in
United States Patent recorded August 15, 1935 in Book 93 at Page 278.
4. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not
limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status,
disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender
expression, medical condition or genetic information, as set forth in applicable state or federal laws,
except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the
document and any and all amendments and supplements thereto.
Recording Date: March 5, 1974
Recording No: Book 233 at Page 628
5. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not
limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status,
disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender
expression, medical condition or genetic information, as set forth in applicable state or federal laws,
except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the
document and any and all amendments and supplements thereto.
Recording Date: December 23, 1982
Recording No: Book 350 at Page 902
6. Terms, conditions, provisions, agreements and obligations contained in the Partial Vacation of Existing
Easement and Conveyance of Easements recorded August 23, 1990 in Book 536 at Page 293.
7. Terms, conditions, restrictions, provisions, notes and easements but omitting any covenants or
restrictions, if any, including but not limited to those 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 set forth on the Condominium Map as set forth below:
Recording Date: December 23, 1982
Recording No: Book 350 at Page 903
8. Easements for public utilities, sewer purposes, drainage and other incidental purposes as shown on the
map of said condominium and as reserved in or created by various instruments of record affecting only
the common elements.
Order No.: H0463134-060-SG1 Policy No.: CO-FFAH-IMP-81306-1-16-H0463134
SCHEDULE B
(Continued)
81306B (6/06)
ALTA Owners Policy (6/17/06)
Copyright 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.
9. Terms, conditions, provisions, agreements and obligations contained in the Unanimous Consent in Lieu
of Special Meeting of the Board of Directors and Owner's Release 770 Potato Patch Condominium
Association Inc. as set forth below:
Recording Date: July 25, 2008
Recording No.: 200815643
10. A deed of trust to secure an indebtedness in the amount shown below,
Amount: $1,033,200.00
Trustor/Grantor Linda May Hanson
Trustee: Public Trustee of Eagle County
Beneficiary: The Northern Trust Company
Loan No.: 3801676838
Recording Date: May 17, 2016
Recording No: 201607050
PLANNING FEE RECEIPT
Case # DRB18-0121
Date Printed: 05/07/2018
TOWN OF VAIL - FEES RECEIPT
Planning Summary
Type: Design Review Board (DRB) Submittal Date: 04/12/2018
Subcases: Exterior Alteration
Bond Expire Date:
Description of Work: Expand the existing deck and add a patio.
Property Information
Address: 770 POTATO PATCH DR 15 (210106319015 15) Tax ID: 210106319015
Owner: PETERSEN, KAREN L.
Contacts
Contact Type: Applicant
Company Name: Beth Levine Architect Inc
Full Name: Beth Levine
Address: PO Box 1828 111 W. Beaver Creek Blvd., 1825 Avon, CO 81620
Email: beth@bethlevinearchitect.com
Contact Type: Property Owner
Full Name: HANSON, LINDA MAY
Address:
Planning Fees
Fee Information Account Amount
DRB - Exterior Alteration 001-0000.31122.00 $250.00
Payment Information Date Paid Payment Type Amount
DRB - Exterior Alteration 04/12/2018 Credit Card $250.00
Paid By: Web payment - Notes: Transaction ID: 40642008912 , auth code: 053979
FEE TOTAL $250.00
AMOUNT PAID $250.00
BALANCE DUE $0.00
05/07/2018 - 4:13:45 PM - Generated by: cgodfrey75 South Frontage Road West, Vail, Colorado 81657
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