HomeMy WebLinkAboutDRB18-0332_Approved Documents_1534526804.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: Launch Development 2018 Application Number: DRB18-0332
Application Type: New Construction Date Applied: 07/20/2018
Project Description: Elevation 534 East Lionshead Circle
CONTACTS
Contact Type: Applicant
Full Name: Pierce Architects (Kit Austin)
Address: 1650 Fallridge Rd 1650 Fallridge Rd C-1 Vail, CO 81657 Phone: 9704766342
Contact Type: Property Owner
Full Name: BATTLE MOUNTAIN LLC LAUNCH DEVELOPMENT INC
Address:9744 NW CONANT AVE KANSAS CITY, MO 64153-
1832 Phone: None
Project Address: 534 E LIONSHEAD CIR (210106308013)
Job Site Location:
Legal Description: Subdivision: VAIL LIONSHEAD FILING 1 Lot: 2 & 3 Block: 1
Parcel Number: 210106308013
BOARDS/STAFF ACTION
Motion By: Campbell Action: Approved
Second By: Rediker
Vote: 4-0-1 (Pierce Recused) Date: 08/15/2018
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.
Planner: Jonathan Spence
PLANNING FEE RECEIPT
Case # DRB18-0332
Date Printed: 08/17/2018
TOWN OF VAIL - FEES RECEIPT
Planning Summary
Type: Design Review Board (DRB) Submittal Date: 07/20/2018
Subcases: New Construction
Bond Expire Date:
Description of Work: Elevation 534 East Lionshead Circle
Property Information
Address: 534 E LIONSHEAD CIR (210106308013) Tax ID: 210106308013
Owner: BATTLE MOUNTAIN LLC LAUNCH DEVELOPMENT INC
Contacts
Contact Type: Applicant
Company Name: Pierce Architects
Full Name: Kit Austin
Address: 1650 Fallridge Rd 1650 Fallridge Rd C-1 Vail, CO 81657
Email: kaustin@vailarchitects.com
Contact Type: Property Owner
Full Name: BATTLE MOUNTAIN LLC LAUNCH DEVELOPMENT INC
Address: 9744 NW CONANT AVE KANSAS CITY, MO 64153-1832
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 07/20/2018 Credit Card $650.00
Paid By: Web payment - Notes: Transaction ID: 40829151775 , auth code: 03690G
FEE TOTAL $650.00
AMOUNT PAID $650.00
BALANCE DUE $0.00
08/17/2018 - 11:20:49 AM - Generated by: cgodfrey75 South Frontage Road West, Vail, Colorado 81657
1 / 1
PREVENT FRAUD - Please remember to call a member of our closing team
when initiating a wire transfer or providing wiring instructions.
Land Title Guarantee Company
Customer Distribution
Our Order Number: ABC50050107
Date: 03-09-2018
Property Address: 500 & 534 E LIONSHEAD CIR, VAIL, CO 81657
For Title Assistance
SCOTT BENNETTS
5975 GREENWOOD PLAZA BLVD
GREENWOOD VILLAGE, CO 80111
303-850-4175 (phone)
303-393-4842 (fax)
sbennetts@ltgc.com
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
Seller/Owner
LAUNCH DEVELOPMENT
Attention: RYAN OSBORN
9744 N CONANT AVE
KANSAS CITY, MO 64153
816-436-3111 (work)
816-436-3126 (work fax)
rosborn@launchliving.com
Delivered via: Electronic Mail
BRAUN ASSOCIATES INC
Attention: TOM BRAUN
225 MAIN STREET, SUITE G-2
EDWARDS, CO 81632
970-926-7575 (work)
tom@braunassociates.com
Delivered via: Electronic Mail
LAND TITLE GUARANTEE COMPANY
Attention: SARAH DORMAN
610 WEST LIONSHEAD CIRCLE #300
VAIL, CO 81657
970-476-2251 (work)
970-476-4534 (work fax)
sdorman@ltgc.com
Delivered via: Electronic Mail
Seller/Owner
LAZIER LIONSHEAD LLC
Attention: BOB LAZIER
PO BOX 1325
VAIL, CO 81658
970-390-1919 (work)
bob@tivolilodge.com
Delivered via: Electronic Mail
PEAK LAND CONSULTANTS
Attention: BRENT BIGGS
1000 LIONS RIDGE LOOP
SUITE 1D
VAIL, CO 81657
970-476-8644 (work)
970-476-8616 (work fax)
brent@peakland.net
Delivered via: Electronic Mail
Land Title Guarantee Company
Estimate of Title Fees
Order Number: ABC50050107 Date: 03-09-2018
Property Address: 500 & 534 E LIONSHEAD CIR, VAIL, CO 81657
Buyer/Borrower: A BUYER TO BE DETERMINED
Seller: BATTLE MOUNTAIN, LLC, A MISSOURI LIMITED LIABILITY COMPANY, AS TO PARCEL C,
AND AN UNDIVIDED 1/2 INTEREST IN PARCEL F;
ROBERT T. LAZIER AND DIANE J. LAZIER AND KATHLEEN S. ALEXANDER, AS THEIR
INTERESTS MAY APPEAR OF RECORD, AS TO AN UNDIVIDED 1/2 INTEREST IN PARCEL
F;
LAZIER LIONSHEAD, LLC, A WYOMING CLOSE LIMITED LIABILITY COMPANY, SUBJECT
TO RECEIVERSHIP PROCEEDINGS PENDING IN EAGLE COUNTY DISTRICT COURT,
CASE NO. 2010-CV-709, WHEREIN DAVID S. COHEN WAS APPOINTED RECEIVER, AS TO
PARCEL L
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 (Reissue Rate)
TBD Commitment
To Be Determined
$216.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing.
Total To Be Determined
THANK YOU FOR YOUR ORDER!
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: ABC50050107
Customer Ref-Loan No.:
Property Address:
500 & 534 E LIONSHEAD CIR, VAIL, CO 81657
1. Effective Date:
03-05-2018 At 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"ALTA" Owner's Policy 06-17-06 To Be Determined
Proposed Insured:
A BUYER TO BE DETERMINED
3. The estate or interest in the land described or referred to in this Commitment and covered
herein is:
A FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
BATTLE MOUNTAIN, LLC, A MISSOURI LIMITED LIABILITY COMPANY, AS TO PARCEL C, AND AN
UNDIVIDED 1/2 INTEREST IN PARCEL F;
ROBERT T. LAZIER AND DIANE J. LAZIER AND KATHLEEN S. ALEXANDER, AS THEIR INTERESTS
MAY APPEAR OF RECORD, AS TO AN UNDIVIDED 1/2 INTEREST IN PARCEL F;
LAZIER LIONSHEAD, LLC, A WYOMING CLOSE LIMITED LIABILITY COMPANY, SUBJECT TO
RECEIVERSHIP PROCEEDINGS PENDING IN EAGLE COUNTY DISTRICT COURT, CASE NO. 2010-
CV-709, WHEREIN DAVID S. COHEN WAS APPOINTED RECEIVER, AS TO PARCEL L
5. The Land referred to in this Commitment is described as follows:
PARCEL C, NO.4:
A PARCEL OF LAND LYING IN BLOCK 1, LOTS 2 AND 3, AND IN PART OF TRACT E, VAIL/LIONSHEAD,
FIRST FILING, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3,
THENCE NORTH 85 DEGREES 24 MINUTES 02 SECONDS EAST 109.00 FEET THENCE SOUTH 4
DEGREES 35 MINUTES 58 SECONDS EAST 106.00 FEET; THENCE NORTH 85 DEGREES 24 MINUTES 02
SECONDS EAST 154.77 FEET; NORTH 4 DEGREES 35 MINUTES 58 SECONDS WEST 56.00 FEET;
THENCE NORTH 85 DEGREES 24 MINUTES 02 SECONDS EAST 8.23 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 85 DEGREES 24 MINUTES 02 SECONDS EAST 118.23 FEET
TO A POINT ON THE EAST LINE OF SAID LOT 1; THENCE ALONG SAID EAST LINE NORTH 10 DEGREES
34 MINUTES 18 SECONDS WEST 30.76 FEET TO A POINT OF CURVE; THENCE 59.63 FEET ALONG THE
ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 217.01 FEET AND WHOSE CENTRAL ANGLE IS 15
DEGREES 44 MINUTES 37 SECONDS; THENCE SOUTH 85 DEGREES 24 MINUTES 02 SECONDS WEST
117.00 FEET; THENCE SOUTH 4 DEGREES 35 MINUTES 58 SECONDS EAST 90.00 FEET TO THE TRUE
POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO.
PARCEL F, NO. 3:
A PARCEL OF LAND LYING IN BLOCK 1, LOT 3, VAIL/LIONSHEAD, FIRST FILING, DESCRIBED AS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3, THENCE NORTH 85 DEGREES 24
MINUTES 02 SECONDS EAST 109.00 FEET; THENCE SOUTH 4 DEGREES 35 MINUTES 58 SECONDS
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: ABC50050107
Customer Ref-Loan No.:
EAST 106.00 FEET; THENCE NORTH 85 DEGREES 24 MINUTES 02 SECONDS EAST 154.77 FEET;
THENCE NORTH 4 DEGREES 35 MINUTES 58 SECONDS WEST 30.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 85 DEGREES 24 MINUTES 02 SECONDS EAST 129.18 FEET TO A POINT
ON THE EAST LINE OF SAID LOT 1; THENCE ALONG SAID EAST LINE NORTH 10 DEGREES 34 MINUTES
18 SECONDS WEST 26.14 FEET; THENCE SOUTH 85 DEGREES 24 MINUTES 02 SECONDS WEST 126.46
FEET; THENCE SOUTH 4 DEGREES 35 MINUTES 58 SECONDS EAST 26.00 FEET TO THE TRUE POINT
OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO.
PARCEL L:
THOSE PARTS OF LOTS 1, 2 AND 3, BLOCK 1, VAIL/LIONSHEAD, FIRST FILING ACCORDING TO THE
PLAT THEREOF RECORDED IN THE OFFICE OF THE EAGLE COUNTY, COLORADO, CLERK AND
RECORDER, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE, ALONG THE WESTERLY LINE
OF SAID LOT 1, NORTH 4 DEGREES 35 MINUTES 58 SECONDS WEST 40.00 FEET; THENCE, DEPARTING
SAID WESTERLY LINE, NORTH 85 DEGREES 24 MINUTES 02 SECONDS EAST 188 FEET; THENCE
SOUTH 04 DEGREES 35 MINUTES 58 SECONDS EAST 90.00 FEET; THENCE SOUTH 85 DEGREES 24
MINUTES 02 SECONDS WEST 8.23 FEET; THENCE SOUTH 04 DEGREES 35 MINUTES 58 SECONDS
EAST 56 FEET; THENCE SOUTH 85 DEGREES 24 MINUTES 02 SECONDS WEST 179.77 FEET; THENCE
NORTH 4 DEGREES 35 MINUTES 58 SECONDS WEST 106 FEET, TO THE POINT OF BEGINNING,
COUNTY OF EAGLE, STATE OF COLORADO.
NOTE: THE FINAL POLICY DOES NOT IN ANY WAY GUARANTEE OR INSURE THE DIMENSIONS OF THE
ABOVE DESCRIBED LAND, THE LEGAL DESCRIPTION IS DERIVED FROM THE CHAIN OF TITLE AND
ONLY AN ACCURATE SURVEY CAN DETERMINE THE DIMENSIONS..
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.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: ABC50050107
The following are the requirements must be met:
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. PARTIAL RELEASE OF DEED OF TRUST DATED JUNE 28, 2007, FROM LAZIER LIONSHEAD, LLC, A
WYOMING CLOSE LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR
THE USE OF MIDFIRST BANK TO SECURE THE SUM OF $12,000,000.00 RECORDED JULY 03, 2007,
UNDER RECEPTION NO. 200717700.
SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF LEASES AND RENTS AND
OTHER INCOME RECORDED JULY 30, 2007, UNDER RECEPTION NO. 200720012.
MODIFICATION AND AFFIRMATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS
RECORDED OCTOBER 05, 2009 UNDER RECEPTION NO. 200921771.
AMENDMENT TO DEED OF TRUST RECORDED SEPTEMBER 28, 2012 UNDER RECEPTION NO.
201219760.
(AFFECTS PARCEL L)
2. RELEASE OF FINANCING STATEMENT WITH MIDFIRST BANK, THE SECURED PARTY, RECORDED
OCTOBER 11, 2012, UNDER RECEPTION NO. 201220643.
FINANCING STATEMENT CONTINUATION RECORDED APRIL 19, 2017 UNDER RECEPTION NO.
201706819.
(AFFECTS PARCEL L)
3. PARTIAL RELEASE OF DEED OF TRUST DATED DECEMBER 27, 2012, FROM LAZIER LIONSHEAD, LLC,
A WYOMING CLOSE LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR
THE USE OF MIDFIRST BANK TO SECURE THE SUM OF $28,304,553.95 RECORDED DECEMBER 31,
2012, UNDER RECEPTION NO. 201226664 AND RE-RECORDED JANUARY 8, 2013 UNDER RECEPTION
NO. 201300465.
SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF LEASES AND RENTS AND
OTHER INCOME RECORDED DECEMBER 31, 2012, UNDER RECEPTION NO. 201226665 AND RE-
RECORDED JANUARY 8, 2013 UNDER RECEPTION NO. 201300466.
(AFFECTS PARCEL L)
4. CERTIFICATE OF SATISFACTION ISSUED BY THE CLERK OF DISTRICT COURT OF JUDGMENT IN
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: ABC50050107
The following are the requirements must be met:
FAVOR OF STATE OF COLORADO, DEPARTMENT OF REVENUE AGAINST ROBERT T. LAZIER AND
DIANE J. LAZIER IN THE AMOUNT OF $8,053.00 PLUS COURT COSTS ENTERED ON APRIL 09, 2015,
TRANSCRIPT OF WHICH WAS RECORDED MARCH 09, 2016, UNDER RECEPTION NO. 201615960,
CIVIL ACTION NO. D192015CV800311, DISTRICT COURT IN AND FOR THE COUNTY OF EAGLE.
5. CERTIFICATE OF SATISFACTION ISSUED BY THE CLERK OF DISTRICT COURT OF JUDGMENT IN
FAVOR OF STATE OF COLORADO, DEPARTMENT OF REVENUE AGAINST ROBERT L. LAZIER AND
DIANE J. LAZIER IN THE AMOUNT OF $31,273.00 PLUS COURT COSTS ENTERED ON JANUARY 20,
2016, TRANSCRIPT OF WHICH WAS RECORDED SEPTEMBER 29, 2016, UNDER RECEPTION NO.
201615961, CIVIL ACTION NO. D192016CV800090, DISTRICT COURT IN AND FOR THE COUNTY OF
EAGLE.
6. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS
THERETO FOR LAZIER LIONSHEAD, LLC, A WYOMING CLOSE 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.
7. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF
LAZIER LIONSHEAD, LLC AS A WYOMING CLOSE 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.
8. ORDER OF THE DISTRICT COURT, IN AND FOR THE COUNTY OF EAGLE, STATE OF COLORADO, IN
CASE NO. 2010-CV-709 AUTHORIZING THE SALE OF THE SUBJECT PROPERTY AND EXECUTION OF
THE DOCUMENTS BY DAVID S. COHEN AS RECEIVER FOR LAZIER LIONSHEAD, LLC, A WYOMING
CLOSE LIMITED LIABILITY COMPANY.
9. WARRANTY DEED FROM DAVID S. COHEN AS RECEIVER OF LAZIER LIONSHEAD, LLC, A WYOMING
CLOSE LIMITED LIABILITY COMPANY TO A BUYER TO BE DETERMINED CONVEYING SUBJECT
PROPERTY.
(AFFECTS PARCEL L)
10. WARRANTY DEED FROM BATTLE MOUNTAIN, LLC, A MISSOURI LIMITED LIABILITY COMPANY TO A
BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY.
NOTE: THE STATEMENT OF AUTHORITY RECORDED FEBRUARY 16, 2017 UNDER RECEPTION NO.
201702744 DISCLOSES WAVING WHEAT, LLC A MISSOURI LIMITED LIABILITY COMPANY AS MEMBER
THAT MUST EXECUTE LEGAL INSTRUMENTS ON BEHALF OF BATTLE MOUNTAIN, LLC, A MISSOURI
LIMITED LIABILITY COMPANY.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: ABC50050107
The following are the requirements must be met:
NOTE: THE OPERATING AGREEMENT OF BATTLE MOUNTAIN, LLC, A MISSOURI LIMITED LIABILITY
COMPANY DISCLOSES WAVING WHEAT, LLC, A MISSOURI LIMITED LIABILITY COMPANY; MONSON
INVESTMENTS LLC, A COLORADO LIMITED LIABILITY COMPANY; AND MEADOW MOUNTAIN
DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY AS MEMBERS THAT MUST
EXECUTE LEGAL INSTRUMENTS.
(AFFECTS PARCEL C AND AN UNDIVIDED 1/2 INTEREST IN PARCEL F)
11. WARRANTY DEED FROM ROBERT T. LAZIER AND DIANE J. LAZIER AND KATHLEEN S. ALEXANDER TO
A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY.
(AFFECTS AN UNDIVIDED 1/2 INTEREST IN PARCEL F)
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS
NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF
ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE
AND ANY AMENDMENTS THERETO.
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: ABC50050107
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. EXISTING LEASES AND TENANCIES, IF ANY.
9. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE
AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENTS RECORDED MAY
24, 1904 IN BOOK 48 AT PAGE 503
10. 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 SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98.
11. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93
AT PAGE 98.
12. 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
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: ABC50050107
FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED
BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED MAY 18, 1970, IN BOOK 217 AT
PAGE 675 AND AS AMENDED IN INSTRUMENT RECORDED JULY 30, 1970, IN BOOK 218 AT PAGE
334, AND AS AMENDED IN INSTRUMENT RECORDED OCTOBER 15, 1970 IN BOOK 218 AT PAGE 899.
13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE
PLAT OF VAIL/LIONSHEAD FIRST FILING RECORDED MAY 10, 1970 UNDER RECEPTION NO. 113260.
14. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED JUNE 08, 1973 IN
BOOK 229 AT PAGE 481.
15. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN WARRANTY
DEED RECORDED FEBRUARY 10, 1972 IN BOOK 223 AT PAGE 134. (AFFECTS PARCEL F)
16. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN EASEMENT
AGREEMENT RECORDED JUNE 08, 1973 IN BOOK 229 AT PAGE 481. (AFFECTS PARCEL F)
17. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH
AND GRANTED IN EASEMENTS RECORDED FEBRUARY 21, 1984 IN BOOK 378 AT PAGE 907.
(AFFECTS PARCEL F)
18. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH
AND GRANTED IN PARKING EASEMENT AGREEMENT RECORDED OCTOBER 28, 2008 UNDER
RECEPTION NO. 200823067.
19. TERMS, CONDITIONS AND PROVISIONS OF ORDER FOR APPOINTMENT OF RECEIVER RECORDED
OCTOBER 28, 2010 AT RECEPTION NO. 201021776.
20. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN LEASE DATED
AUGUST 1, 2012 BY AND BETWEEN LAZIER LIONSHEAD, LLC, A WYOMING LIMITED LIABILITY
COMPANY AND DAVID S. COHEN, AS RECEIVER, APPOINTED PURSUANT TO THAT CERTAIN ORDER
FOR APPOINTMENT OF RECEIVER DATED OCTOBER 20, 2010, LANDLORD, AND RESIDENTIAL
LIONSHEAD ARCADE BUILDING CONDOMINIUM ASSOCIATION, INC., A COLORADO NON-PROFIT
CORPORATION, TENANT, AS MEMORIALIZED BY INSTRUMENT RECORDED SEPTEMBER 05, 2012
UNDER RECEPTION NO. 201217721. (AFFECTS PARCEL F)
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 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.
LAND TITLE GUARANTEE COMPANY
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 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-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.
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.
Commitment For Title Insurance
Issued by OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
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
(a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.
(b) “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.
(c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.
(d) “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.
(e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this
Commitment.
(f) “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.
(g) “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.
(h) “Title”: The estate or interest described in Schedule A.
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:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B, Part I—Requirements; [and]
(f) Schedule B, Part II—Exceptions[; and
(g) a counter-signature by the Company or its issuing agent that may be in electronic form.
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
(a) 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:
(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.
(b) 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.
(c) 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.
(d) 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.
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) 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.
(g) In any event, the Company’s liability is limited by the terms and provisions of the Policy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
(c) 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.
(d) 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.
(e) Any amendment or endorsement to this Commitment must be in writing [and authenticated by a person authorized by the Company].
(f) 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.
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.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance Old Republic National Title Insurance Company. 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.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Authorized Officer or Agent
Old Republic National Title Insurance Company
a Stock Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612)371-1111
UTILITY APPROVAL & VERIFICATION
This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and
also to verify service availability and location for new construction and should be used in conjunction with preparing your
utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted
to the following utilities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COM-
MENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact
The Town of Vail.
Subject Property Address: ____________________________ Lot____ Block _____ Subdivision: _______________
Primary Contact / Owner Representative: ___________________________________ Phone: __________________
_________________________________________________________________ Plans Dated: _________________
Primary Contact/Owner Representative Signature
NOTES:
1. Utility locations must be obtained before digging.
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.
4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for
re-approval & re-verification if the submitted plans are altered in any way after the authorized signature date.
Authorized Signature Comments Date
CENTURY LINK
970.328.8288 (tel)
970.328.8282 (fax)
Contacts: Kelly McClernon
kelly.mcclernon@centurylink.com
XCEL HIGH PRESSURE GAS
970.262.4077 (tel)
303.570.5459 (cell)
970.468.1401 (fax)
Contact: John Surette
john.w.surette@xcelenergy.com
HOLY CROSS ENERGY
970.947.5425 (tel)
970.945.4081 (fax)
Contact: Jeff Vroom
jvroom@holycross.com
XCEL Energy
970.262.4032 (tel)
970.262.4038 (fax)
Contacts: Britt Mace
brittany.mace@xcelenergy.com
EAGLE RIVER WATER & SANITATION
DISTRICT
970.477.5449 (tel)
970.845.7218 (fax)
Contact: Tug Birk
dbirk@erwsd.org
COMCAST CABLE
970.930.4713 (tel)
303.603.1004 (fax)
Contact: Michael Johnson
Michael_johnson@cable.comcast.com
CDOT (Only in CDOT Right-of-way)
970.683.6284 (tel)
Contact: Dan Roussin
Daniel.roussin@dot.state.co.us
534 E. Lionshead Circle 2&3 1 -
Sean McGinley 970.471.8202
Sean McGinley -
8/7/18