HomeMy WebLinkAboutDRB18-0395_approved documents_1537465677.pdf Design ReviewBoard (DRB)
Department of CommunityDevelopment
75 South Frontage Road West
TOWN OF VA I L ACTION FORM Vail, CO 81657
Tel: 970-479-2139
www.vailgov.com
Project Name: Vath Residence 2018 Application Number: DRB18-0395
Application Type: Addition Date Applied: 08/10/2018
Project Description: Addition of exteriorappliance sauna u nderexisting waterproofdeck which is only
accessible fromexisting exteriorhot to bpatio.
CONTACTS
Contact Type: Applicant
Full Name: Tab Associates, Inc (WarnerHopkins)
Address: 56 Edwards Village Blvd 210 Edwards, CO 81632 Phone: 9707661470
ext 111
Contact Type: Property Owner
Full Name: VATH, TRICIAL. & STEVEN D.
Address: Phone: None
Project Address: 1044 HOMESTAKE CIR (210109205005) (210109205005)
Job Site Location:
Legal Description: Subdivision: VAIL VILLAGE FILING 7 Lot: 4 Block: 6
Parcel Number: 210109205005
BOARDS/STAFF ACTION
Motion By: Cahill Action: Approved
Second By: Campbell
Vote: 4-0-0 Date: 09/19/2018
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 shall not become valid for 20 days following the date of approval, pursuant
to the Vail Town Code, Chapter12-3-3 Appeals.
- No changes to these plans maybe made without the written consent of Town of Vail staffand/orthe
appropriate review committee(s).
- Priorto the placement of the sauna on the property, the applicant shall supply staffwith detailed plans
demonstrating how the sauna matches the existing sheds on the site in terms of color and materials, for
staff's review and approval.
Planner: Jonathan Spence
Property Record Card
Eagle County
VATH, TRICIA L. & Account: R008205 Parcel: 2101-092-05-005
STEVEN D. Tax Area:SC103 -VAIL(TOWN)- Situs Address:
S C 103 001044 HOMES TAKE CIR
31525 GOLDEN MEADOW DR Acres:0.312 VAIL AREA,0
EVERGREEN,CO 80439-7994
Value Summary Legal Description
Value By: Market Override Subdivision:VAIL VILLAGE FILING 7 Block: 6 Lot:4&PT OF 7
Land(1) $2,624,160 N/A
Single Family $896,870 N/A
Residence(1)
Extra Feature(1) $4,820 N/A
Extra Feature(2) $6,710 N/A
Extra Feature(3) $3,590 N/A
Total $3,536,1 50 $3,536,150
H -'Wy sy <: 9r
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- iLlai es
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Sale Data
Doc.# Sale Date Deed Type Validity Verified Sale Price Ratio Adj.Price Ratio Time Adj. Ratio
Price
201202952 02/07/2012 WD QV Y $2,650,000 133.44 $2,620,000 134.97 $2,620,000 134.97
Land Occurrence 1
Abstract Code 1112-SINGLE FAM.RES.-LAND Percentage 100.0
Use Code 1000-RESIDENTIAL Neighborhood 220-GOLF COURSE OLDER
Land Code 6955-VAIL VALLEY Super Neighborhood 250-MID VAIL NON-CORE
Size 0.312 Zoning 9-PS
Location Adjustment 80
SubArea ACTUAL EFFECTIVE HEATED FOOTPRINT
Land U 5964
A#: R008205 P#: 210109205005 As of:08/10/2018 Page 1 of 4
Property Record Card
Eagle County
Land Occurrence 1
Total 5,964.00
Value Rate Rate Rate Rate
$2,624,160 440.00
Single Family Residence Occurrence 1
Abstract Code 1212-SINGLE FAM.RES- Percentage 100.0
IMPROVEMTS
Use Code 1000-RESIDENTIAL Neighborhood 220-GOLF COURSE OLDER
Building Type 121200-SFR Arch S tyle 3-2 S TORY
Exterior Wall 14-WD SID AVG Percentage 80
31 -STONE VEN 20
Roof Cover 9-CEDAR SHAK Roof Structure 3-GABLE/HIP
Interior Wall 5-DRYWALL Percentage 100.0
Floor 12-HARDWOOD Percentage 20.0
14-CARPET INV 80.0
Heating Fuel 3-GAS Heating Type 5-HT WTR B/B
Air Conditioning 1 -NONE Actual Year Built 1970
Bedrooms 6 Bathrooms 6
Construction Quality 5-GOOD Effective Year Built 1987
Fixtures 27 Rooms 10
Units 1 Units 1
Super Neighborhood 250-MID VAIL NON-CORE Stories 2-S TORIES 2.0
Use Code 1000-RESIDENTIAL Garage 1.5-GARAGE 351-500
SubArea ACTUAL EFFECTIVE HEATED FOOTPRINT
BAS 1896.7 1896.7 1896.7 1896.7
FUS 2300.5 2300.5 2300.5 2300.5
GAF 465.5 465.5
SPC 116.0 11.6 116.0
WDD 1134.8 227.0 1134.8
Total 5,913.50 4,435.80 4,197.20 5,913.50
Value Rate Rate Rate Rate
$896,870 151.66 202.19 213.68 151.66
A#: R008205 P#: 210109205005 As of:08/10/2018 Page 2 of 4
Property Record Card
Eagle County
Single Family Residence Occurrence 1
72. WDD
964.5 3.5'
25' S'
V.
13.5' FUS
2300.5
X10'
31' 4
WD
WDD w 1s 14.0D
13'
139.3 I I
11.5' N I o
42' WDD
17.0
13.5'
SPC 16.0
BAS - I .7
10'
1896.7 10'' N
29' GAF
465.5 11'
10' 13'
Extra Feature Occurrence 1
XFOB Code 120-FIREPL.G. Abstract Code 1212-SINGLE FAM.RES-
IMPROVEMTS
Percentage 100.0 Use Code 1000-RESIDENTIAL
Neighborhood 220-GOLF COURSE OLDER Building Number 0
SubArea ACTUAL EFFECTIVE HEATED FOOTPRINT
XFOB Units 2
Total 2.00
Value Rate Rate Rate Rate
$4,820 2,410.00
Extra Feature Occurrence 2
XFOB Code 340-HYDR-TUB G Abstract Code 1212-SINGLE FAM.RES-
IMPROVEMTS
Percentage 100.0 Use Code 1000-RESIDENTIAL
Neighborhood 220-GOLF COURSE OLDER Building Number 0
SubArea ACTUAL EFFECTIVE HEATED FOOTPRINT
XFOB Units 2
Total 2.00
Value Rate Rate Rate Rate
$6,710 3,355.00
Extra Feature Occurrence 3
XFOB Code 410-S TEAM SH G Abstract Code 1212-SINGLE FAM.RES-
IMPROVEMTS
A#: R008205 P#: 210109205005 As of:08/10/2018 Page 3 of 4
Property Record Card
Eagle County
Extra Feature Occurrence 3
Percentage 100.0 Use Code 1000-RESIDENTIAL
Neighborhood 220-GOLF COURS E OLDER Building Number 0
SubArea ACTUAL EFFECTIVE HEATED FOOTPRINT
XFOB Units 1
Total 1.00
Value Rate Rate Rate Rate
$3,590 3,590.00
Abstract Summary
Code Classification Actual Value Taxable Actual Taxable
Value Override Override
1112 SINGLEFAM.RES.-LAND $2,624,160 $188,940 NA NA
1212 SINGLEFAM.RES-IMPROVEMTS $911,990 $65,660 NA NA
Total $3,536,150 $254,600 NA NA
A#: R008205 P#: 210109205005 As of:08/10/2018 Page 4 of 4
ASIS OF
ON:
SEWER MANHO ETIMH34 LOT 5
INV. 8218.3 VAIL VILLAGE, EIGHTH FILING TRANSFORMER
RI
MEAS.. RIM ELV. 8233.7 FND. PIN & ELECTRIC
/ ALUMINUM CAP
�3/ LS 16827 SPLIT RAIL
ELV. 8233.50 FENCE
FND. PIN & ALUMINUM
y x X X S 89'23'41'" E 102.75'X X CAP LS 16827/ X---------4 ��
7��. N31.9' r c9-,
NOTES:
A=23'19'09" 72' I EASEMENT I '
R=45.00' Ory 10.0' PAVER 09, 1) DATE OF SURVEY: 3/18/04
11.2' WALK 76,,E DATE OF UPDATE: 11/21/11
L=18.32' 13.8'
2) SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH FOR
EASEMENTS OF RECORD (OTHER THAN PLATTED), ENCUMBRANCES,
RESTRICTIVE COVENANTS, OWNERSHIP TITLE EVIDENCE, OR ANY OTHER
�, A� /^ FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE.
7�S• SHED b1 0. tow /� S \\ 3) NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
A�Ss,, o. 1.4' 11.4' STAIRS ' �\ ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
V AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY
CO 4#404 �� ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
,r' > > moo; \ THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN
LS6 U I ., N- \ HEREON.
10
o ) 4) BASIS OF ELEVATION: SEWER MANHOLE MH34. (SEE DRAWING)
SHED •
Et I i 5) BASIS OF PROPERTY LINE LOCATION: BEARINGS ARE BASED UPON THE
Ln M 25.5' LOT 9 1. VAIL VILLAGE,
LY AGEINE OF EIGHTH FILING,COMMON
S8923'41"E(ROM VAIL VIILBOUNDARY
EIGHOF
TH FILING)
Lu \ v7
_ PROPOSED SAUNA 6) BEARINGS AND DISTANCES ALONG PROPERTY LINES SHOWN HEREON ARE
►`� \ LOCATION O AS SHOWN ON THE SUBDIVISION PLAT ONLY. A BOUNDARY SURVEY WOULD
BE NECESSARY TO DETERMINE THE TRUE DIMENSIONS OF THE LOT AND
_J : �� , \ PLANTER
P SETBACKS, WHICH MAY VARY FROM THE PLATTED DIMENSIONS.
U c,� / \ 7) MEASUREMENTS TAKEN TO TWO STORY WOOD & STUCCO HOUSE.
\ 8) POSTED ADDRESS: 1044 HOMESTAKE CIRCLE.
0 \ 9) THIS SURVEY AND THE INFORMATION CONTAINED HEREON IS THE PROPERTY OF
I DECK / DECK \ J EAGLE VALLEY SURVEYING, INC. AND IS INTENDED FOR THE SOLE USE OF THE
\ .p ORIGINAL CLIENT ONLY. ANY USE OF OR TRANSFER TO OTHERS IS PROHIBITED.
W ,� \ i \ 01
01 10) BUILDING SETBACK INFORMATION IS NOT PLATTED. PRIOR TO ANY DESIGN
Q ,,,, , \ OR CONSTRUCTION IMPROVEMENTS ON THIS PROPERTY, TOWN OF VAIL
Y , , \ 'X8261.0 0. SHOULD BE CONTACTED FOR CORRECT BUILDING SETBACK INFORMATION.
PAVER i PEAK ELV. s\
I WALK ,,,, e / (TYP.) LOT 4 0��
W 0.2540 AC. o \
<�? 1044 `s' \
0 \
2 4##
, TWO STORY WOOD & STUCCO HOUSE. BUILDING 854.5 OVERHANG\\I '
8253.8 \ ELECTRIC
I,, \ TRANSFORMER
1' GARAGE
MO
�,,, �' SLAB BUILDING \
8235.5 OUTLINE \
\ TV PEDESTAL
,e/li%4, It#t#41t#4#41#1##%##Si#4**4#44t#A,„ 8256.7 �b� \ MTERIC
4 #
, , , , , e
�I , , , , , , , , , , , �� 2 GARAGE o DECK :C7' 77905, � �EDGE OF
'Vi
„ ,,,,,,,,,,,,,,,,,,,,,,,,� �. 10 D SLAB �. `, •.4' % 5lCONCRETE V' , , , , , , , , , , , , , 9 i9 8235.6 �� 8''PAN �'�,�;,,�,�,�,�,� � ,�,�;,,;��, i3 6 0. ,�. 1 0 1 STAIRS LANDING ��IIIII / III �' � I / II - �. �. /.� . ,,,,,,,,,,,,,,,,,,,, ,,,,,,, o 7 0\ ELECTRIC
P=12'4357 � �M444444444,SAA� �i.o ,
R=135.00' / , �, I ,_`--�.•D PHONE 0\ PANEL 0' 10' 20' 30'
L=30.00' *IV�1,� �0 0 ,�1/ PEDESTAL�j��;►#047'C, 11-;
�;����j .. .� _ �� \IQ LOT 8 m m m
S , 14.5' STONE VENEER �+ Ak t3! \
75• + +
23 32» 'S°' m
bc
E 95.001 c) -5‹,) PART OFCA \
N LOT 7 O A PART OF BLOCK 6, VAIL VILLAGE SEVENTH FILING, TOWN OF VAIL,
LOT 5 35 7' O 0.0150 AC -P EAGLE COUNTY, COLORADO, DESCRIBED AS FOLLOWS: ALL OF LOT 4,
U! 655.2 SQ. FT. SAID BLOCK 6, AND A PART OF LOT 7, SAID BLOCK 6, DESCRIBED AS
/ IMPROVEMENT LOCATION CERTIFICATE ...,r FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 7;
THENCE SOUTHERLY ALONG THE EXTENSION OF THE EASTERLY LINE OF SAID
I hereby certify that this Improvement Location Certificate was prepared LOT 4 A DISTANCE OF 31.04 FEET;
/ for _KEYI111_12E1SzF N 87'06'11” THENCE ON AN ANGLE TO THE RIGHT OF 100'O8'90" A DISTANCE
that it is nota land survey plat or improvement survey plat, and that it is W 42.$$' OF 42.88 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 7;
not to be relied upon for the establishment of fence, building or other future / THENCE ON AN ANGLE TO THE RIGHT OF 140'46'03" AND
improvement lines. ALONG THE NORTHWESTERLY LINE OF SAID LOT 7 A DISTANCE OF 48.31
I further certify that the improvements on the above described parcel on / FEET TO THE POINT OF BEGINNING.
LOT 7 (BOOK 219, PAGE 448 EAGLE COUNTY, COLORADO)
this date, 11/21/11, except utility connections, are entirely within the
boundaries of the parcel, except as shown, that there are no encroachments /
upon the described premises by improvements on any adjoining premises,
except as indicated, and that there is no apparent evidence or sign of any
easement crossing or burdening any part of said parcel, except as noted.
Stan Hogfeldt IMPROVEMENT L❑CATI❑N CERTIFICATE
Colorado P.L.S. 26598 LOT 4 & A PART OF LOT 7, BLOCK 6
Date: VAIL VILLAGE, SEVENTH FILING
41199 HIGHWAY 6 & 24, EAGLE—VAIL TOWN ❑F VAIL
P.O. BOX 1230 UPDATED 11/29/11 M. POST EAGLE COUNTY, COLORADO
EDWARDS, CO. 81632 KD 3/23/04
(970)949-1406 16761LC.DWG JOB No, 1676
Date: February 23, 2012
TRICIA L. VATH AND STEVEN VATH
31525 GOLDEN MEADOW DR
EVERGREEN, CO 80439
Subject: Attached Title Policy V50032467
for 1044 HOMESTAKE CIRCLE VAIL CO 81657
Enclosed please find the Owner's Title Insurance Policy for your purchase of the
property listed above.
This title policy is the final step in your real estate transaction, and we want to take
a moment to remind you of its importance. Please review all information in this
document carefully and be sure to safeguard this policy along with your other legal
documents.
Your owner's policy insures you as long as you own the property and requires no
additional premium payments.
Please feel free to contact any member of our staff if you have questions or concerns
regarding your policy, or you may contact the Final Policy Department directly at
970-476-2251.
As a Colorado-owned and operated title company for over 40 years, with offices
throughout the state, we take pride in serving our customers one transaction at a time.
We sincerely appreciate your business and welcome the opportunity to assist you with any
future real estate needs. Not only will Land Title be able to provide you with the title
services quickly and professionally, but you may also be entitled to a discount on title
premiums if you sell or refinance the property described in the enclosed policy.
Thank you for giving us the opportunity to work with you on this transaction. We
look forward to serving you again in the future.
Sincerely,
Land Title Guarantee Company
Owner 's Policy of Title Insurance
ISSUED BY
First American Title Insurance Company
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 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,FIRST AMERICAN TITLE INSURANCE '
COMPANY,a California corporation(the"Company")insures,as of Date of Policy and,to the extent stated in Covered Risks 9 and 10,atter 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 slated 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
(alA defect in the Title caused by !.
til forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation;
(ii)f ailure of any person or Entity to have authorized a transfer or conveyance;
liii)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;
Iv)a document executed under a falsified,expired,or otherwise invalid power of attorney;
Ivi)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 tern"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
hal the occupancy,use or enjoyment of the Land;
(b)the character,dimensions,or location of any improvement erected on the Land; !.
lc)the subdivision of land;or
Id)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 en(orcement referred to in that notice. I,
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.
B.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 in 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
Ib)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
til 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 casts,attorneys fees,and expenses incurred in defense of any matter insured against by this Policy,but only to the extent provided in the
Conditions.
FIRST AMERICAN TITLE INSURANCE COMPANY
Issued Land Title
ughGua l Guarantee
e Con of: -11 471.Land Title Guarantee Company
610 WEST LIONSHEAD CIRCLE 11200 \�\f Oise/5x44 ,21A •--
VAIL,CO 81657 f\P� • • 941 by
9704762251 oR y p Rq T:2
' Dennis J.Gilmore
s r President _
o
r SEPTEMBER 24. c 7 AMERICAN
�46 1966 1 / Ir•
ASD
ASSOCIATION
A horized Sign: urekg/ .0'2'
4 Timothy Kemp
Secretary ry ,
Copyright 2006-2012 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 Bre American Land Title Association.
AO.FA.06(ALTA 0617-06)Cover Page 1 of 5
t
i
•
EXCLUSIONS FROM COVERAGE
The f ollowing 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.la)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;
Blithe character,dimensions,or location of any improvement erected on the Land;
(Blithe subdivision of land;or
liv)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.
Ibl Any governmental police power.This Exclusion 1(b)dues 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;
Id)attaching or created subsequent to Dale 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 '..
Ibl 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:
hal"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.
lc)"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
(Al 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;
ID)a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title
(1)if the stack,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 whollyowned by the sane 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),BI,(C),and IDI reserving,however,all rights and defensed as to any successor that the Company would have had against any
predecessor insured.
lei"Insured Claimant":An Insured claiming loss or damage.
Ifl"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 contructive 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,avenue,alleys,lanes,ways,or
waterways,bat 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 mans 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 51d),"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,
Ijl"Title":The estate or interest described in Schedule A.
"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 ar interest in the Land,or
holds en 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 til an estate or interest in
the Land,or Iii)an obligation secured by a purchase money Mortgage given to the Insured.
AO.FA.06.2 Cover Page 2 of 5
i
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 coma 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 f or 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 Company's 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 consitutes the
basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
hal 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 abject 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.
Ib)The Company shall have the right,in addition to the options contained in Section 7 of those 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 desireahle 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 palicy.If the Company exercises its rights under this subsection,
it must to 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 any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
Colin all cases where this policy permits or requires to 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 Company's expense,shall give the Company all reasonable aid til in
securing evidence,obtaining witnesses,prosecuting or defending the action or proceeding,or effecting settlement,and lip 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 Germany's obligation 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.
(1)1The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to
produce far 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,nemoranda,correspondence,reports,e.mails,disks,tapes,and videos whether
bearing a dam 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:
hal 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 payrrent 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 han to make the payment
required in the subsection,shell 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 Conpany 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 f or under this policy,together with any casts,attorneys fees,and
expensed 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 f or in subsections(b)(i)or(ii),the Company's obligations to the Insured under this
policy f or 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 lass 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.
AO.FA.06.3 Cover Page 3 of 5
I
1
(h)If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title,as insured,
til the Amount of Insurance shall be increased by 10%,and
Iii)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. '...
Colin addition to the extent of liability under(a)and Ibl,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 lass or damage caused to the Insured.
(Win the event of any litigation,including litigation by the Company or with the Company's 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. I,
lc)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 Bale 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 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 lass.
(b)The Company's right of subrogation includes the rights of the Insured to indemnities,guaranties,other policys 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 of the Insured.All arbitrable matters
when the Amount of Insurance is in excess of 52,000,000 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 Arbitratorls)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.
Ill Any claim or 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 most 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 til modify any of the terms and provisions of the policy,Oil modify any prior endorsement,Nil extend the Bate of Policy,
or(iv)increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this poicy,in whole or in part,is held invalid or uenforceabe under applicable law,the policy shall be deemed not to include that
provision or such part held to be invalid,hie all other provisions shall remain in full force and effect.
AB.FA.06.4 Cover Page 4of5
17. CHOICE OF LAW; FORUM
(al Choice of Law;The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premum 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
jurisdicton 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.
Ibl 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:
I First American Way,Santa Ana,CA 92707,Attn:Claims Oepartrmnt
ANTI-FRAUD STATEMENT: 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.
This anti-fraud statement is affixed and made a part of this policy.
This jacket was created electronically and constitutes on original document
AO.FA.06.5 Cover Page 5 of 5
s
LTG Policy No. TAAH50032467
Form AO/FA
Our Order No. V50032467 Schedule A Amount $2,650,000.00
Property Address: 1044 HOMESTAKE CIRCLE VAIL CO 81657
1. Policy Date: February 13, 2012 at 5:00 P.M.
2. Name of Insured:
TRICIA L. VATH AND STEVEN VATH
3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is:
A Fee Simple
4. Tide to the estate or interest covered by this policy at the date hereof is vested in:
TRICIA L. VATH AND STEVEN VATH
5. The land referred to in this policy is described as follows:
SEE ATTACHED "EXHIBIT A" FOR LEGAL DESCRIPTION
This Policy valid only if Schedule B is attached.
Land Title Guarantee Company
Representing First American Title Insurance Company
1
LTG Policy No. TAAJ50032467
Our Order No. V50032467
EXHIBIT "A" LEGAL DESCRIPTION
A PART OF BLOCK 6, VAIL VILLAGE SEVENTH FILING, TOWN OF VAIL, EAGLE COUNTY,
COLORADO, DESCRIBED AS FOLLOWS:
ALL OF LOT 4, SAID BLOCK 6, AND A PART OF LOT 7, SAID BLOCK 6, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 7;
THENCE SOUTHERLY ALONG THE EXTENSION OF THE EASTERLY LINE OF SAID LOT 4 A
DISTANCE OF 31.04 FEET;
THENCE ON AN ANGLE TO THE RIGHT OF 100°08'90" A DISTANCE OF 42.88 FEET TO THE
NORTHWESTERLY CORNER OF LOT 7;
THENCE ON AN ANGLE TO THE RIGHT OF 140°46'03" AND ALONG THE NORTHWESTERLY LINE
OF SAID LOT 7 A DISTANCE OF 48.31 FEET TO THE POINT OF BEGINNING.
COUNTY OF EAGLE, STATE OF COLORADO.
r
a
LTG Policy No. TAAH50032467
Form AO/FA
1
Our Order No. V50032467
Schedule B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
General Exceptions:
This policy does not insure against loss or damage by reason of the following:
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 of that may asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and
inspection of the Land would disclose, and which are 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 (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, whether or not the matters excepted under (a), (b), or (c) are shown by the
Public Records.
6. 2012 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE.
7. 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 AS RESERVED IN UNITED STATES PATENTS RECORDED MAY 20, 1905
IN BOOK 48 AT PAGE 511.
8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1905,
IN BOOK 48 AT PAGE 511.
9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 27, 1926,
IN BOOK 93 AT PAGE 146.
10. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED
IN INSTRUMENT RECORDED DECEMBER 07, 1965, IN BOOK 187 AT PAGE 515.
I
LTG Policy No. TAAH50032467
Form AO/FA
t
Our Order No. V50032467
Schedule B
11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF VAIL VILLAGE SEVENTH FILING RECORDED DECEMBER 17, 1965 UNDER
RECEPTION NO. 102780.
12. TERMS, CONDITIONS AND PROVISIONS OF APPLICATION FOR REVOCABLE PERMIT
RECORDED SEPTEMBER 10, 2004 AT RECEPTION NO. 890672.
13. DEED OF TRUST DATED FEBRUARY 07, 2012, FROM TRICIA L. VATH AND STEVEN VATH
TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF ING BANK, FSB TO
SECURE THE SUM OF $1,500,000.00 RECORDED FEBRUARY 13, 2012, UNDER
RECEPTION NO. 201202953.
ITEM NOS. 1 THROUGH 3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED.
ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING
FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF GERALD
L. STEMPLER AND DEANA E. STEMPLER.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR
ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF TRICIA
L. VATH AND STEVEN VATH.
i