HomeMy WebLinkAboutDRB18-0223_Approved Documents_1533589276.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: Moore Residence 2018 Application Number: DRB18-0223
Application Type: New Construction Date Applied: 05/25/2018
Project Description:New Single Family Residence with attached garage, to build on a currently
vacant lot.
CONTACTS
Contact Type: Applicant
Full Name: INTERMETRIX INVESTMNTS (Scott Handler)
Address: 303 South Broadway 200-509 Denver, CO 80209 Phone: 3038930086
Contact Type: Property Owner
Full Name: MOORE, MICHAEL G. & YOSHIMI S.
Address: Phone: None
Project Address: 2841 BASINGDALE BLVD (210314310021) (210314310021)
Job Site Location:
Legal Description: Subdivision:VAIL INTERMOUNTAIN
DEVELOPMENT SUBDIVISION Lot: 3 Block: 8
Parcel Number: 210314310021
BOARDS/STAFF ACTION
Motion By: Cahill Action: Approved
Second By: Campbell
Vote: 4-0-0 Date: 08/01/2018
Conditions:
- 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).
- 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.
- Prior to building permit approval the applicant shall show where the eastern draininage from the curb and
gutter will outfall. Must wither connect to downstream curb, or outfall into existing drainage ditch within
drainage easement or ROW.
- Transportation Impact Fee of $8,233 will be required prior to issuance of the building permit for the project.
Planner: Justin Lightfield
Mark Frankel
2851 Basingdale Blvd.
Unit A
Vail, CO 81657
June Ottley
2902 Bellflower Drive
Vail, CO 81657
CALLAS, MICHAEL C. - WALKER, KIMBERLY
2801 Basingdale Blvd #1
Vail, CO 81657
PLANNING FEE RECEIPT
Case # DRB18-0223
Date Printed: 07/16/2018
TOWN OF VAIL - FEES RECEIPT
Planning Summary
Type: Design Review Board (DRB) Submittal Date: 05/25/2018
Subcases: New Construction
Bond Expire Date:
Description of Work: New Single Family Residence with attached garage, to build on a currently vacant lot.
Property Information
Address: 2841 BASINGDALE BLVD (210314310021) Tax ID: 210314310021
Owner: MOORE, MICHAEL G. & YOSHIMI S.
Contacts
Contact Type: Applicant
Company Name: INTERMETRIX INVESTMNTS
Full Name: Scott Handler
Address: 303 South Broadway 200-509 Denver, CO 80209
Email: bills@visualimpax.com
Contact Type: Property Owner
Full Name: MOORE, MICHAEL G. & YOSHIMI S.
Address:
Planning Fees
Fee Information Account Amount
DRB - New Construction Fee 001-0000.31122.00 $650.00
Payment Information Date Paid Payment Type Amount
DRB - New Construction Fee 05/25/2018 Credit Card $650.00
Paid By: Web payment - Notes: Transaction ID: 40726527947 , auth code: 00306G
FEE TOTAL $650.00
AMOUNT PAID $650.00
BALANCE DUE $0.00
07/16/2018 - 12:14:49 PM - Generated by: cgodfrey75 South Frontage Road West, Vail, Colorado 81657
1 / 1
Page 1 of 3
303 South Broadway
Suite 200‐509
Denver, Colorado 80209
(303) 893‐0086
July 10, 2018
Design Review Board
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Re: DRB 18‐0223 2841 Basingdale Boulevard Vail Colorado
Design Review Board:
In response to the previous meeting with the Design Review Board on June 20, 2018 and all the PEC
condition as outlined on the Action Form for PEC18‐0020, we have addressed all items, as requested.
DRB Comments:
Board had concerns about the Hot tub on the roof being visible from the street: I addressed this with
steel panels facing the street as the rail system (6 panels), shown on sheet A06 and detail 6/A7. These
panels are also shown in the southeast and south views of the renderings. There are a cluster of mature
aspen trees that will also block some of that view from the street.
The board was questioning the concrete exposed foundation areas of the house and what that would
look like. It will be a natural concrete color with a textured siding look to simulate a wood texture/grain
siding. Here is a picture to demonstrate its true texture and color. Justin indicated this method has been
done before and should be approved accordingly.
Page 2 of 3
The board was questioning the wide variety of types of openings; trims, like the wood band, not being
consistent.
I addressed this as recommended by the board, doing the siding on complete walls as follows:
Sheet A6, South Elevation between the stucco columns having a 6” required offset for transition
of materials. A 6” Steel plate was used at the transition located at the front entry, as indicated
on the South Elevation.
Sheet A6, Southeast of house, and the Southeast garage elevation shows a full wall of siding to
the corner with a stucco column, having a 6” required offset for transition of materials. This is
also shown on the South view of house and Southwest renderings,
The complete wall of the North Elevation to the foundation transition shown on Sheet A05 and
Northeast rendering.
The shadow box detail has been removed from all the elevations except the window shown on Sheet A6,
South, and Southeast elevation, and the southeast, south, and southwest renderings. Instead of having
this detail sporadically all around the house, I kept it consistent on all 4 sides of the window
arrangements, keeping this detail on the same elevation facing the street.
The board expressed concerns about the two wing walls that are shown in the Southwest and
Northwest views, have a bizarre “E” shape look to it.
Option 1: I elongated this detail with the steel fins to a more ‘C’ shape making this detail more in
proportion to the wall, and to balance both sides of the two deck areas. I want this detail to create a sun
shade effect with the sun, and to tie in the steel accents of the deck into the wing walls. Please
reference: Sheet A05 North Elevation, Sheet A06 South Elevation, Sheet A07 Detail 3/A7
Option 2: Removing the wing wall steel accent and making it solid stucco, as shown on Sheet A21.
The board expressed concerns with the column supports in the back (northwest view) being too small in
proportion to the rest of the structure: I addressed this by increasing the size of the posts from a 4X4
square column to a W10x45 Steel I Beam support to match the fascia of the deck steel shown on sheet
A05 West and North Elevations, and the North and Northwest renderings.
The board expressed concerns about the starkness color contrast of black and white. I addressed this by
making the color of the stucco a more taupe color with less contrast and more earthy tone to blend
better in the mountain side.
Should you have any questions, or require additional information, please feel free to contact me.
Sincerely,
Scott Handler
Visual Impax
Attachments: PEC 18‐020 Approval Conditions
Page 3 of 3
PEC 18‐020 Approval Conditions
1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review
approval for this proposal. Addressed in the DRB Comments.
2. Approval of this variance is contingent upon the applicant obtaining Eagle River Water &
Sanitation District approval for this proposal. We have obtained a variance form Eagle River to
be 3’‐7” from the fire hydrant to any structure of the house. Since we would like a 2ft overhang
we moved the structure 5’‐7” from the hydrant to conform to the approved variance by Eagle
River Water and Sanitation District. In addition, we are in compliance with the first parking
space being within 7ft of the parking area. (8ft to the parking space). We added 5 bollards to
deter people from parking in this unrestricted area of the hydrant per Eagle River Water and
Sanitation District request.
3. The square footage of the hammerhead driveway shall be reduced, and landscaping shall be
added between the hammerhead and the public road. We have removed the corner of the
driveway to create a hammerhead design to decrease the driveway by 81sqft. Creating more
area to landscape. After obtaining approval by Tom Kassmel, city engineer, we have made the
change.
4. Curb and gutter shall go from the western corner of the subject property to the eastern corner
of Rush Condominium lot. The improvement costs shall not be borne by the Town of Vail. We
have shown curb and gutter from the corner of lot #2821 (Rush Condo) and our lot #2841 to the
western most neighbor #2851 Driveway. The cost of this shall be incurred by the new owner of
2841 and Rush Condominium HOA.
5. The parking spaces shall be labeled for each individual condo owner at the Rush Condominiums
(1‐4). We shall create a sign to label the parking spaces for each individual unit for rush
condominiums.
6. The plan to be approved by the Design Review Board shall incorporate all practical measures to
prevent additional parking anywhere to the east of the proposed garage. 5 bollards are placed
to the west of the parking spaces, and a boulder and landscaping is placed to the east of the
parking spaces to deter people from parking east and west. A guardrail is placed to the north of
the parking area to deter people from parking tandem.
Page 1 of 3
303 South Broadway
Suite 200‐509
Denver, Colorado 80209
(303) 893‐0086
July 10, 2018
Design Review Board
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Re: DRB 18‐0223 2841 Basingdale Boulevard Vail Colorado
Design Review Board:
In response to the previous meeting with the Design Review Board on June 20, 2018 and all the PEC
condition as outlined on the Action Form for PEC18‐0020, we have addressed all items, as requested.
DRB Comments:
Board had concerns about the Hot tub on the roof being visible from the street: I addressed this with
steel panels facing the street as the rail system (6 panels), shown on sheet A06 and detail 6/A7. These
panels are also shown in the southeast and south views of the renderings. There are a cluster of mature
aspen trees that will also block some of that view from the street.
The board was questioning the concrete exposed foundation areas of the house and what that would
look like. It will be a natural concrete color with a textured siding look to simulate a wood texture/grain
siding. Here is a picture to demonstrate its true texture and color. Justin indicated this method has been
done before and should be approved accordingly.
Page 2 of 3
The board was questioning the wide variety of types of openings; trims, like the wood band, not being
consistent.
I addressed this as recommended by the board, doing the siding on complete walls as follows:
Sheet A6, South Elevation between the stucco columns having a 6” required offset for transition
of materials. A 6” Steel plate was used at the transition located at the front entry, as indicated
on the South Elevation.
Sheet A6, Southeast of house, and the Southeast garage elevation shows a full wall of siding to
the corner with a stucco column, having a 6” required offset for transition of materials. This is
also shown on the South view of house and Southwest renderings,
The complete wall of the North Elevation to the foundation transition shown on Sheet A05 and
Northeast rendering.
The shadow box detail has been removed from all the elevations except the window shown on Sheet A6,
South, and Southeast elevation, and the southeast, south, and southwest renderings. Instead of having
this detail sporadically all around the house, I kept it consistent on all 4 sides of the window
arrangements, keeping this detail on the same elevation facing the street.
The board expressed concerns about the two wing walls that are shown in the Southwest and
Northwest views, have a bizarre “E” shape look to it.
I elongated this detail with the steel fins to a more ‘C’ shape making this detail more in proportion to the
wall, and to balance both sides of the two deck areas. I want this detail to create a sun shade effect with
the sun, and to tie in the steel accents of the deck into the wing walls. Please reference: Sheet A05
North Elevation, Sheet A06 South Elevation, Sheet A07 Detail 3/A7
The board expressed concerns with the column supports in the back (northwest view) being too small in
proportion to the rest of the structure: I addressed this by increasing the size of the posts from a 4X4
square column to a W10x45 Steel I Beam support to match the fascia of the deck steel shown on sheet
A05 West and North Elevations, and the North and Northwest renderings.
The board expressed concerns about the starkness color contrast of black and white. I addressed this by
making the color of the stucco a more taupe color with less contrast and more earthy tone to blend
better in the mountain side.
Should you have any questions, or require additional information, please feel free to contact me.
Sincerely,
Scott Handler
Visual Impax
Attachments: PEC 18‐020 Approval Conditions
Page 3 of 3
PEC 18‐020 Approval Conditions
1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review
approval for this proposal. Addressed in the DRB Comments.
2. Approval of this variance is contingent upon the applicant obtaining Eagle River Water &
Sanitation District approval for this proposal. We have obtained a variance form Eagle River to
be 3’‐7” from the fire hydrant to any structure of the house. Since we would like a 2ft overhang
we moved the structure 5’‐7” from the hydrant to conform to the approved variance by Eagle
River Water and Sanitation District. In addition, we are in compliance with the first parking
space being within 7ft of the parking area. (8ft to the parking space). We added landscaping on
the side to deter parking.
3. The square footage of the hammerhead driveway shall be reduced, and landscaping shall be
added between the hammerhead and the public road. We have removed the corner of the
driveway to create a hammerhead design to decrease the driveway by 81sqft. Creating more
area to landscape. After obtaining approval by Tom Kassmel, city engineer, we have made the
change.
4. Curb and gutter shall go from the western corner of the subject property to the eastern corner
of Rush Condominium lot. The improvement costs shall not be borne by the Town of Vail. We
have shown curb and gutter from the corner of lot #2821 (Rush Condo) and our lot #2841 to the
western most neighbor #2851 Driveway. The cost of this shall be incurred by the new owner of
2841 and Rush Condominium HOA.
5. The parking spaces shall be labeled for each individual condo owner at the Rush Condominiums
(1‐4). We shall create a sign to label the parking spaces for each individual unit for rush
condominiums.
6. The plan to be approved by the Design Review Board shall incorporate all practical measures to
prevent additional parking anywhere to the east of the proposed garage. 5 bollards are placed
to the west of the parking spaces, and a boulder and landscaping is placed to the east of the
parking spaces to deter people from parking east and west. A guardrail is placed to the north of
the parking area to deter people from parking tandem.
Page 1 of 2
303 South Broadway
Suite 200‐509
Denver, Colorado 80209
(303) 893‐0086
July 27, 2018
Design Review Board
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Re: DRB 18‐0223 2841 Basingdale Boulevard Vail Colorado
Design Review Board:
In response to the previous meeting with the Design Review Board on July 18th, 2018, we have
addressed all items as requested.
DRB Comments:
1. Metal panel railing on roof terrace (shown on Sheet A6 in South and Southeast
elevations toward the street) should be raised twelve inches above hot tub.
The hot tub height is 36 inches and we have raised rail to 48 inches to address
DRB’s concern.
** This is shown in the South and Southeast views of renderings on sheets A9,
A9a, and A10
2. The board did not like the ¼ inch steel plate transition piece from the wood to the
stucco at the front entry. (Shown on sheet A6 in South and Southeast elevations)
Addressed this by removing the steel plate transition piece and extending the
wood siding to the 45‐degree corner. Completely removed the two materials
requiring the 6‐inch offset.
**This is shown on sheet A6 and the renderings on sheets A9, A9a, A10.
Page 2 of 2
3. DRB expressed concern with banding detail that goes around the garage door. (shown
on sheet A6 in South elevation) DRB wants us to match garage banding detail with the
roof overhang detail in the rear of the house. They also want us to waterproof it
correctly.
Achieved both concerns (detail matching and waterproofing) by adding EPDM
roofing membrane on top and black metal fascia on front to match roof detail
in back. This also matches the roof detail over the front entry.
**This is shown in the South Renderings on sheets A9a and A10
4. DRB wanted us to extend roof overhang completely around the great room to the west
study wall. (Shown on Sheet a5 on North and West Elevations)
Achieved this by reducing study door from 4 to a 3 panel door to make room
for roof overhang to interect the wall to clear the door.
**This is shown in the north and northwest views of renderings on sheets A12,
A13, A 14.
5. Tom, the town engineer, wants us to address how the driveway will provide a sufficient
turning radius for a third car parked outside the garage to pull out from the driveway to
the street.
We addressed this by elongating the driveway to the southwest per his
suggestion.
**This is shown on the drawing on sheets A1 and A2.
Page 1 of 2
303 South Broadway
Suite 200‐509
Denver, Colorado 80209
(303) 893‐0086
May 25, 2018
Design Review Board
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Re: 2841 Basingdale Boulevard Vail Colorado
Design Review Board:
Project Narrative:
Describing the background, purpose and detail of the proposal (Addressed to the Design Review Board)
Background:
The property at 2841 Basingdale Blvd has gone undeveloped since at least 1971 and has presented
myriad development challenges for multiple interested developers due to its unique topography, lot
size, and code requirements. However, Visual Impax is extremely confident in their proposal and has
worked closely with city planners throughout the process to ensure our plan meets all requirements laid
forth by the Town of Vail. The PEC Project Plan Review is currently underway, and a hearing is scheduled
for May 29, 2018. General feedback of the review indicates that approval from the PEC is recommended
by the Town of Vail.
Purpose:
The purpose of this Design Review submittal is to receive approval for the construction of a new single‐
family home. The proposed design of this home is similar to other homes in this area, with respect to
the contours, blending into the mountainside and natural grade. The team at Visual Impax firmly
believes in the importance of a design that contours with the natural topography of a particular site. Our
design utilized the specific topographic dimensions of the lot to develop a home that fits perfectly into
the lot. Throughout the design process, the team collaborated with various stakeholders in and around
Vail to develop a plan that meets city codes and regulations.
Proposal Details:
Per the attached drawings, we propose to construct a single‐family home on the lot located at 2841
Basingdale Boulevard in Vail.
Page 2 of 2
Significant time and effort has been spent on the design of this home and we feel this design will
complement the natural beauty of the area with minimal impact. The home blends in with the existing
aesthetic of the neighborhood and is sure to be a welcomed addition to the community.
Should you have any questions, or require additional information, please feel free to contact me.
Sincerely,
Scott Handler
Visual Impax
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number: V50050429-2 Date: 05/23/2018
Property Address: 2841 BASINGDALE BOULEVARD, VAIL, CO 81657
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance Closer's Assistant For Title Assistance
Charis Patterson
0090 BENCHMARK RD #205
AVON, CO 81620
(970) 748-4784 (Work)
(877) 408-7373 (Work Fax)
cpatterson@ltgc.com
Contact License: CO419383
Company License: CO44565
Allison Benoit
0090 BENCHMARK RD #205
AVON, CO 81620
(970) 748-4798 (Work)
(877) 261-1631 (Work Fax)
abenoit@ltgc.com
Company License: CO44565
Eagle County Title Team
610 WEST LIONSHEAD CIRCLE #300
VAIL, CO 81657
(970) 477-4500 (Work)
eaglecountyrequests@ltgc.com
Buyer/Borrower
BLUE SKY HAUS, LLC, A COLORADO LIMITED
LIABILITY COMPANY
Attention: SCOTT HANDLER
Delivered via: Electronic Mail
Attorney for Buyer
C.J. VANSTROM, ESQ
PO BOX 40216
Denver, CO 80204
(303) 404-3504 (Work)
(303) 404-3513 (Work Fax)
charles@charlesjvanstrompc.com
Delivered via: Electronic Mail
Seller/Owner
MICHAEL G MOORE AND YOSHIMI S MOORE
Delivered via: Electronic Mail
Seller/Buyer Agent
BERKSHIRE HATHAWAY HOME SERVICES
COLORADO PROPERTIES
Attention: KAREN WILHELM
511 LIONSHEAD MALL
VAIL, CO 81657
(970) 476-2482 (Work)
(970) 390-2480 (Home)
(970) 476-6499 (Work Fax)
wilhelm@vail-beavercreek.com
Delivered via: Electronic Mail
Agent for Seller
BERKSHIRE HATHAWAY HOME SERVICES
COLORADO PROPERTIES
Attention: KAREN WILHELM
511 LIONSHEAD MALL
PO BOX 2467
VAIL, CO 81657
(970) 476-2482 (Work)
(970) 390-2480 (Home)
(970) 476-6499 (Work Fax)
wilhelm@vail-beavercreek.com
Delivered via: Electronic Mail
Land Title Guarantee Company
Estimate of Title Fees
Order Number: V50050429-2 Date: 05/23/2018
Property Address: 2841 BASINGDALE BOULEVARD, VAIL, CO 81657
Parties: BLUE SKY HAUS, LLC, A COLORADO LIMITED LIABILITY COMPANY
MICHAEL G. MOORE AND YOSHIMI S. MOORE
Visit Land Title's Website at www.ltgc.com for directions to any of our offices.
Estimate of Title insurance Fees
"ALTA" Owner's Policy 06-17-06 Reissue Rate $855.00
Deletion of Standard Exception(s) $65.00
Tax Certificate (Tax Certificate Ordered) $26.00
Total $946.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing.
Thank you for your order!
Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants
conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal
assistance in order to fully understand and be aware of the implications of the effect of these documents on your property.
Chain of Title Documents:
Eagle county recorded 03/19/2014 under reception no. 201404238
Plat Map(s):
Eagle county recorded 09/02/1971 under reception no. 117228
Copyright 2006-2018 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.
Property Address:
2841 BASINGDALE BOULEVARD, VAIL, CO 81657
1. Effective Date:
05/21/2018 at 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"ALTA" Owner's Policy 06-17-06 Reissue Rate
Proposed Insured:
BLUE SKY HAUS, LLC, A COLORADO LIMITED LIABILITY
COMPANY
$335,000.00
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:
MICHAEL G. MOORE AND YOSHIMI S. MOORE
5. The Land referred to in this Commitment is described as follows:
LOT 3, BLOCK 8, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION, ACCORDING TO THE RECORDED
PLAT THEROF, COUNTY OF EAGLE, STATE OF COLORADO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:V50050429-2
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF
THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED.
2. WRITTEN INSTRUCTIONS AUTHORIZING LAND TITLE TO PREPARE A STATEMENT OF AUTHORITY FOR
BLUE SKY HAUS, LLC, STATING 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; OR, A DULY EXECUTED AND ACKNOWLEDGED STATEMENT
OF AUTHORITY SETTING FORTH THE NAME OF BLUE SKY HAUS, LLC AS A COLORADO LIMITED
LIABILITY COMPANY.
NOTE: ANY STATEMENT OF AUTHORITY MUST BE IN COMPLIANCE WITH THE PROVISIONS OF SECTION
38-30-172, C.R.S. AND BE RECORDED WITH THE CLERK AND RECORDER.
3. WARRANTY DEED FROM MICHAEL G. MOORE AND YOSHIMI S. MOORE TO BLUE SKY HAUS, LLC, A
COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY.
REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUED
A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM
THE SELLER AND PROPOSED INSURED, EXCEPTIONS 1 THROUGH 4 OF THE STANDARD EXCEPTIONS
WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT
WILL BE ADDED AS EXCEPTIONS.
B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS
AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, EXCEPTION NO. 5 OF THE STANDARD
EXCEPTIONS WILL BE DELETED.
C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS,
EXCEPTION NO. 6 OF THE STANDARD EXCEPTIONS WILL BE AMENDED TO READ:
TAXES AND ASSESSMENTS FOR THE YEAR 2018 AND SUBSEQUENT YEARS.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: V50050429-2
All of the following Requirements must be met:
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or
limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
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. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency
that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the Public Records.
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 APRIL 18, 1934, IN BOOK 123 AT PAGE 3.
9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 18, 1934, IN BOOK 123 AT PAGE
3.
10. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION, BLOCK 8, RECORDED SEPTEMBER 2, 1971
UNDER RECEPTION NO. 117228.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: V50050429-2
11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX,
SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, 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 2, 1971 IN BOOK 221 AT
PAGE 545.
12. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN EASEMENT DEED
RECORDED MAY 06, 1993 UNDER RECEPTION NO. 504312.
13. ANY LOSS OR DAMAGE DUE TO SOME PHYSICAL FEATURES WHICH MAY NOT HAVE BEEN LOCATED
DUE TO SNOWPACK AND ICE AS DISCLOSED ON NOTE #6 AS SHOWN ON TOPOGRAPHY ISSUED BY
JD MCSNOW, LLC CERTIFIED JANUARY 15, 2014, JOB NO. 2014002, STORED AS ESI 35031583.
14. THE EFFECT ON SUBJECT PROPERTY OF POWER POLE AND OVERHEAD POWER LINES AS
DISCLOSED ON TOPOGRAPHY ISSUED BY JD MCSNOW, LLC CERTIFIED JANUARY 15, 2014, JOB NO.
2014002, STORE AS ESI 35031583.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: V50050429-2
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
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 8-1-2 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, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
The Subject real property may be located in a special taxing district.(A)
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).
(B)
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.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
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.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within six
months prior to the Date of 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.
(E)
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.
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.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's permission.(B)
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
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 assess 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 Old Republic National Title Insurance Corporation
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING
ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and
the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company
shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“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 to be insured by the
Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant
to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s
good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter
and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee
Company
3033 East First Avenue Suite
600
Denver, Colorado 80206
303-321-1880
President
Old Republic National Title Insurance Company, a Stock
Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612)371-1111
Mark Bilbrey, President
Rande Yeager, Secretary
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and
a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) 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.
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have
been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
Transportation Impact Fee for 2841 Basingdale Blvd
Construction of a Single Family Residence, DRB18-0223
Existing: Vacant Development Lot
Proposed: Dwelling, Single Family
Transportation Impact Fee Calculation: $ 8,233
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2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the
Public Works Department for verification 970.479.2198.
3. It is the responsibility of the utility company and the applicant to resolve problems identified above.
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Please place gas meters in a safe accessible non
drip location.
1
paul@visualimpax.com
From: Roussin - CDOT, Daniel <daniel.roussin@state.co.us>
Sent: Wednesday, June 6, 2018 10:12 AM
To: paul@visualimpax.com
Subject: Re: 2841 Basingdale Blvd Utility Approval & Verification
I have no comments. Thanks (this email is good enough).
thanks
Dan
Dan Roussin
Permit Unit Manager
Traffic and Safety
P 970.683.6284 | F 970.683.6290
222 South 6th Street, Room 100, Grand Junction, CO 81501
daniel.roussin@state.co.us | www.codot.gov/ | www.cotrip.org
On Tue, Jun 5, 2018 at 4:14 PM, <paul@visualimpax.com> wrote:
Daniel:
Please find the attached documents regarding the above subject address. Please let me know if you have any
questions.
Thank you,
Paul
2
Paul Brienza
Visual Impax
Urban Style for the Denver Community
Mobile: 303‐828‐7725
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