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Home My WebLink AboutDRB18-0467_approved documents_1539698946.pdf Design ReviewBoard(DRB) Department of CommunityDevelopment 75 South Frontage Road West TOWN nF VAIL ACTION FORM Vail,CO81657 Tel: 970-479-2139 www.vailgov.com Project Name: Leaman Residence2018 Application Number: DRB18-0467 Application Type: Addition Date Applied: 09/18/2018 1. Add49.5 sq.ft.G RFAand Site Coverage wherethe back of the patio is Project Description: located.2. Add/modify two windows.3. Move the exteriorbackpatio light. Please note:on picture #143, thereare two lights,the exposedbulblampwill be removed and the dark sky compliant fixture will be reused. CONTACTS ContactType: Applicant Full Name: Beth Levine Architect Inc (Beth Levine) Address: PO Box 1828 1998 /Sunburst Dr A, East Avon,CO Phone: 9709264993 81620 ContactType: Property Owner Full Name: LEAMAN, LEE & JAN Address: Phone: None Project Address: 1998 SUNBURST DR E (210109103035 E) (210109103035) Job Site Location: No E Legal Description: Subdivision: VAIL VALLEY FILING3 Lot: 19 Block: Data Parcel Number: 210109103035 BOARDS/STAFF ACTION Motion By: Action: Staff Approved Second By: Vote: Date: 10/15/2018 Conditions: - This property is located in a "geologically sensitive area"pursuant to Chapterl2-21, Hazard Regulations, Vail Town Code. - Priorto the issuance of any buildingpermit for construction withinthe geologically sensitive areas,the owner shall submit a written, signed and notarized affidavit certifying acknowledgment of receiving personal notice of the factthatsaid buildingor structure is in an area of geologic sensitivity and notice of the studies conducted to date with regard thereto. - Priorto issuance of a buildingpermit forthis project, the applicant shall submita site specificgeologic investigation,prepared by a professional geologist by Colorado Revised Statutes section 34-1-01, or a registered professional engineer,as defined by Colorado Revised Statutes section 12-25-102. - Allexposedmetalflashing,trim,flues,vents,and rooftopmechanical equipment shall be anodized,painted (adjacent facade/roofmaterial color or flat black), or capableof weathering so as to be non-reflective pursuant to Section 14-10-5C, Building Materialsand Design,Vail TownCode, prorto requesting final inspections. - Approval of this project shall lapse and becomevoid one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. - Design Review Board approval does not constitute a permit for building.Please consultwith Townof Vail building personnel priorto construction activities. - No changesto these plans maybemade without the written consent of Townof Vail staff and/orthe appropriate review committee(s). 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La.' : P p ii'P' W i I alit til ti4111:-. -lap ... - 1 1 I 1! ..i.',. '•. it a .,. , .;,_ • 1 1 .: iivii c< • .;, ' • • —i I n • , i it...!t•.;,;t1.a-, i. ,, . ap ••••eTh... .it . . . , • • - '. :•'''.- .-p• • . • . • tir . , • y e .. T � C•S\ri J _ A-._taT-�.�j a ` 1 • :- ti _ ..... C i r~V (t .�lf 1 � 11 k 7, aN4.1.Y4Y 1. NWF. .. . _ I , • kie I . t� ) 1, ty ,. .� i.g. a fn'i- v'.--1. ' 1:4-.1 ' I 1 1 \4 II. ,.,,:t1 -.C.4..s. -104 . ' .. al.1%-3-‘..... f 4 tAi L'�..� i r.'` a !WI . - ' :w,'. ®� - HOME REPAIR r Ekctriai•PWmbing »ak*1s•Home Care 910'390.8098 _ - No om ��1 A4';; • .jOINT PROPERTY OWNER TOWN QF Y WRITTEN APPROVAL LETTER . • I, (print name) , a joint owner of property located at provide this letter as written approval of the plans dated °(21. • which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I.understand that the proposed improvements include: V j 4q.6 o—F— a._ 414 j/l/ti oo(�t awLo-( r�v, Vim - v • re.a.,v- t-ztr'Lc - (Signature) V • (Date) • Additionally, please check the statement below which is most applicable to you: O I understand that minor modifications may be made to the plans over the course of the review process to ensure compliance with the Town applicable codes and regulations (Initial here) . • Q I request that all modifications, minor or otherwise, which are made to the plans over the course of the review process, be brought to my attention by the applicant for additional approval before undergoing further review by the Town. V • ***4 �-t '' - A , ' JOINT PROPERTY OWNER TOWN OF C WRITTEN APPROVAL LE r [ER I, • Tint name) Jos °`� s a joint owner of propertylocated CPat provide this letter as written approval of the plans dated : + ( j 062 ie " whichhave been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I.understand that the proposed improvements include: • d/O5C-" 1441 , • e7 + • cc5-1 60 vvi afticv a__ .0 0 - ,6"71/-6( CC/CF ill20 1 01/1/1o - 167(her;ijer& 41/11-•• tilc:4-7vo rest/v. (yILEce_zAl. • • / 9 l < (Signature) (Date), . Additionally, please check the statement below which is most applicable to you: 1'',. I understand that minor modifications may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations. (1 i�rr tial here) . Q I request that all modifications, minor or otherwise, which are made to the plans aver the course of the review process, be brought to my attention by the applicant for additional approval before undergoing further review by the Town. Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY WWW.LTGC.COM Date: 10-28-2013 Our Order Number: V50037364 Property Address: 1998 SUNBURST DRIVE VAIL, CO 81657 Ifyou have any inquiries or require further assistance,please contact one of the numbers below: For Title Assistance: Vail Title Dept. 610 WEST LIONSHEAD CIRCLE#200 VAIL,CO 81657 Phone:970-477-4522 Fax: 970-476-4534 EMail: eaglecountyrequests@ltgc.com BETH LEVINE PO BOX 1825 AVON,CO 81620 Ph one: 970-926-4993 EMail:beth@bethlevinearchitect.corn Sent Via EMail Land Title Guarantee Company Date: 10-28-2013 Land Title Our Order Number: V50037364 GUARANTEE COMPANY WWW.LTGC.COM Property Address: 1998 SUNBURST DRIVE VAIL, CO 81657 Buyer/Borrower: A BUYER TO BE DETERMINED Seller/Own er: LEE LEAMAN AND JAN LEAMAN AS TO PARCEL 1 AND THE JAN HILGENFELD LEAMAN COLORADO QUALIFIED PRESONAL RESIDENCE TRUST DATED DECEMBER 19, 2012 AND THE LEE SPENCER LEAMAN COLORADO QUALIFIED PERSONAL RESIDENCE TRUST, DATED DECEMBER 19, 2012 AS TO PARCEL 2 Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES TBD Commitment $100. 00 Additional Chain $150. 00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $250. 00 Form CONTACT 06/04 THANK YOU FOR YOUR ORDER! LAND TITLE GUARANTEE COMPANY INVOICE NO. VA-7364 Land Title GUARANTEE COMPANY www.LTGC.COM BETH LEVINE PO BOX 1825 AVON,CO 81620 Owner: LEE LEAMAN AND JAN LEAMAN AS TO PARCEL 1 AND THE JAN HILGENFELD LEAMAN COLORADO QUALIFIED PRESONAL RESIDENCE TRUST DATED DECEMBER 19, 2012 AND THE LEE SPENCER LEAMAN COLORADO QUALIFIED PERSONAL RESIDENCE TRUST,DATED DECEMBER 19, 2012 AS TO PARCEL 2 Address: 1998 SUNBURST DRIVE VAIL, CO 81657 Invoice Date: October 28, 2013 Order No. V50037364 Invoice Charges TBD Commitment $100. 00 Additional Chain $150. 00 -AmountDue- $250. 00 Due and payable upon receipt. For Remittance please refer to Invoice No. VA-7364 Please make checks payable to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Suite 125 Greenwood Village,CO 80111-4701 First American Title Insurance Company ALTA COMMITMENT Our Order No. V50037364 Schedule A Cust.Ref.: Property Address: 1998 SUNBURST DRIVE VAIL, CO 81657 1. Effective Date: October 18, 2013 at 5:00 P.M. 2. Policy to be Issued,and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the Ian ddescribed 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: LEE LEAMAN AND JAN LEAMAN AS TO PARCEL 1 AND THE JAN HILGENFELD LEAMAN COLORADO QUALIFIED PRESONAL RESIDENCE TRUST DATED DECEMBER 19, 2012 AND THE LEE SPENCER LEAMAN COLORADO QUALIFIED PERSONAL RESIDENCE TRUST, DATED DECEMBER 19, 2012 AS TO PARCEL 2 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S)FOR LEGAL DESCRIPTION Copyright 2006-2013 American Lan dTitle Association.All rights reserved. - AMERICAN The use of this Form is restricted to ALTA licensees andALTA members in good standing as of the date of use. LAND TITLE ASSOCIATION All other uses are prohibited.Reprinted un derlicense from the American Lan dTitle Association. Our Order No: V50037364 LEGAL DESCRIPTION PARCEL 1 PARCELS A AND C-1, TOGETHER WITH AN UNDIVIDED ONE-HALF INTEREST IN AND TO PARCEL C-3, DUPLEX PLAT, VAIL VALLEY- THIRD FILING, A RESUBDIVISION OF PARCEL A, PARCEL B, AND COMMON PARCEL C, LOT 19, ACCORDING TO THE PLAT RECORDED MARCH 1, 1999 RECEPTION NO. 688249, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 2 PARCELS B AND C-2, TOGETHER WITH AN UNDIVIDED ONE-HALF INTEREST IN AND TO PARCEL C-3, DUPLEX PLAT, VAIL VALLEY- THIRD FILING, A RESUBDIVISION OF PARCEL A, PARCEL B, AND COMMON PARCEL C, LOT 19, ACCORDING TO THE PLAT RECORDED MARCH 1, 1999 UNDER RECEPTION NO. 688249, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B -Section 1 (Requirements) Our Order No. V50037364 The following are the requirements to be complied with: Item(a)Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item(b)Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item(c)Payment of all taxes,charges or assessments levied and assessed against the subject premises which are due and payable. Item(d)Additional requirements, if any disclosed below: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 2. FURNISH TO LAND TITLE GUARANTEE COMPANY THE RELEVANT PAGES OF THE FULLY EXECUTED TRUST AGREEMENT FOR THE JAN HILGENFELD LEAMAN COLORADO QUALIFIED PERSONAL RESIDENCE TRUST DATED DECEMBER 19, 2012 THAT DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY ON BEHALF OF SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 3. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR THE JAN HILGENFELD LEAMAN COLORADO QUALIFIED PERSONAL RESIDENCE TRUST DATED DECEMBER 19, 2012 RECORDED DECEMBER 27, 2012 AT RECEPTION NO. 201226214 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES JAN HILGENFELD LEAMAN AS THE TRUSTEE AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 4. FURNISH TO LAND TITLE GUARANTEE COMPANY THE RELEVANT PAGES OF THE FULLY EXECUTED TRUST AGREEMENT FOR THE LEE SPENCER LEAMAN COLORADO QUALIFIED PERSONAL RESIDENCE TRUST, DATED DECEMBER 19, 2012 THAT DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY ON BEHALF OF SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS ALTA COMMITMENT Sch edule B-Section 1 (Requirements) Our Order No. V50037364 Continued: DOCUMENTATION. 5. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR THE LEE SPENCER LEAMAN COLORADO QUALIFIED PERSONAL RESIDENCE TRUST, DATED DECEMBER 19, 2012 RECORDED DECEMBER 27, 2012 AT RECEPTION NO. 201226216 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES LEE SPENDER LEAMAN AS THE TRUSTEE AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 6. WARRANTY DEED FROM LEE LEAMAN AND JAN LEAMAN AS TO PARCEL 1 AND THE JAN HILGENFELD LEAMAN COLORADO QUALIFIED PRESONAL RESIDENCE TRUST DATED DECEMBER 19, 2012 AND THE LEE SPENCER LEAMAN COLORADO QUALIFIED PERSONAL RESIDENCE TRUST, DATED DECEMBER 19, 2012 AS TO PARCEL 2 TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. 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. ALTA COMMITMENT Schedule B-Section 2 (Exceptions) Our Order No. V50037364 The policy or policies to be issued will contain exceptions to the following unlessthe same are disposed of to the satisfaction of the Company: 1. Any facts, rights,interests,or claims thereof, not shownby the Public Records but thatcould be ascertained by an inspection of th e Land or th atmay be asserted by persons in possession of the Land. 2. Easements,liens or encumbrances, or claims thereof, not shownby thePublic Records. 3. Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title thatwould be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or rightto a lien, for services,labor or material heretofore or hereafter furnished, imposed by law and not shownby thePublic Records. 5. Defects, liens, encumbrances, adverse claims or other matters,if any, created,first appearing in thepublic records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value th e estate or interest or mortgage th ereon covered by this Commitment. 6. Any and all unpaid taxes,assessments and unredeemed tax sales. 7. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights,claims or title to water,wh eth eror not the matters excepted under(a), (b), or(c)are shownby thePublic Records. 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 JUNE 29, 1903, IN BOOK 48 AT PAGE 495 AND IN UNITED STATES PATENT RECORDED AUGUST 22, 1956, IN BOOK 157 AT PAGE 304. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 29, 1903, IN BOOK 48, AT PAGE 495 AND RECORDED AUGUST 22, 1956, IN BOOK 157 AT PAGE 304. 10. UNDIVIDED 1/2 INTEREST IN AND TO ALL OF THE GAS, OIL, AND OTHER MINERALS, SOLID LIQUID AND GASEOUS, OF EVERY KIND AND NATURE, INCLUDING URANIUM, IN, ON AND UNDER ANY AND WHICH MAY BE PRODUCED AS EXCEPTED AND RESERVED BY PETER E. KATSOS IN DEED RECORDED MAY 3, 1960 IN BOOK 165 AT PAGE 227. 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 ALTA COMMITMENT Sch edule B-Section 2 (Exceptions) Our Order No. V50037364 The policy or policies to be issued will contain exceptions to the following unlessthe same are disposed of to the satisfaction of the Company: SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED AUGUST 30, 1977, IN BOOK 259 AT PAGE 68. 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL VALLEY THIRD FILING RECORDED AUGUST 30, 1977 IN BOOK 259 AT PAGE 69. 13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF FINAL PLAT LOT 19, VAIL VALLEY-THIRD FILING RECORDED OCTOBER 06, 1983 UNDER RECEPTION NO. 266215. 14. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES AS SHOWN OR RESERVED ON THE DUPLEX PLAT, VAIL VALLEY-THIRD FILING, A RESUBDIVISION OF PARCEL A, PARCEL B, AND COMMON PARCEL C, LOT 19, RECORDED MARCH 01, 1999 RECEPTION NO. 688249. 15. 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 MARCH 01, 1999, UNDER RECEPTION NO. 688250. 16. THE EFFECT ON SUBJECT PROPERTY OF UPPER DECK ENCROACHING ON TO PARCEL A AS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE ISSUED BY LELAND LECHNER CERTIFIED MARCH 18, 2013, JOB NO. 50035729ILC. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY-GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction shallbe obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and theboundaries 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 thatall 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 th at,th e requirement for the top margin shallnot apply to documents using forms on which space is provided for recording or filing information at the top margin of th e document. Note: Colorado Division of Insurance Regulation 3-5-1, Section 7L requires that"Every title entity shallbe responsible for all matters which appear of record prior to thetime of recording wh eneverthe title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction whichwas closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording th e 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 Sch eduleB, Section 2 of the Commitment from the Owner's Policy to be issued)upon compliance with the following conditions: A)The land described in Sch eduleA of this commitment must be a single family residence which includes a condominium or townhouse unit. B)No labor or materials havebeen furnished by mechanics or material-men for purposes of construction on the land described in Sch eduleA of this Commitment with inth e past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanics and material-men' s liens. D) The Company must receive payment of the appropriate premium. E)If th ere has been construction,improvements or major repairs undertaken on the property to be purchased with in 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 wh ichth e 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 containing a mineral severance instrument exception,or exceptions,in ScheduleB, Section 2. A)Thatthereis recorded evidencethata mineral estate has been severed,leased,or otherwise conveyed from the surface estate and th at th ere 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 th e righ t to enter and use the property without th e 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 or 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 shallbe reported to the Colorado division of insurance with inth e department of regulatory agencies. Noth ingh erein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. DISCLOSURE 02/2011 First American Title Insurance Company PRIVACY POLICY We are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand thatyou may be concerned about whatwe will do with such information- particularly any personal or financial information. We agree thatyou havea rightto know how we will utilize thepersonal information you provide to us. Therefore,togetherwith our parent company,theFirst American Corporation,we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from anoth erperson or entity.First American has also adopted broader guidelines th atgovern our use of personal information regardless of its source. First American calls theseguidelines its Fair Information Values,a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing,the types of nonpublic personal information thatwe may collect include: * Information we receive from you on applications,forms and in other communications to us, wh eth erin writing,in person,by teleph one or any other means; * Information about your transactions with us, our affiliated companies,or oth ers;and * Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore,we will not release your information to nonaffiliated parties except: (1)as necessary for us to provide theproduct or service you haverequested to us; or(2) as permitted by law. We may,however,store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis.We may also provide all of thetypes of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers,such as title insurers, property and casualty insurers,and trust and investment advisory companies,or companies involved in real estate services,such as appraisal companies,home warranty companies,and escrow companies. Furth ermore,we may also provide all the information we collect, as described above,to companies that perform marketing services on our behalf, on behalf of our affiliated companies,or to other financial institutions with whom we or our affiliated companies h ave joint marketing agreements. Former Customers Even if you are no longer our customer,our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure thatno unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know thatinformation to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure thatyour information will be handled respnsibly and in accordance with this Privacy Policy and First American's Fair Information values.We currently maintain physical,electronic,and procedural safeguards thatcomply with referral regulations to guard your nonpublic personal information. WEBSITE Information on the calculation of premiums and other title related charges are listed at First American's website:www.firstam.com NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D/B/A LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d/b/a Land Title Guarantee Company-Grand Junction. We want you to know thatwe 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 th at 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 thecourse 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 oth ers; * a consumer reporting agency,if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities thatwe 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 whoneed to know that information in order to provide products and services to you. * We maintain physical,electronic and procedural safeguards thatcomply 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 whenyou direct or give us permission;whenwe are required by law to do so, for example,if we are served a subpoena;or wh enwe suspect fraudulent or criminal activities.We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example,wh en 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 th ebreach thereof, sh allbe 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 h avingjurisdiction thereof. Form PRIV.POL.LTG.1 Commitment for Title Insurance ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY,a California corporation("Company"),fora valuable consideration,commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the Proposed Insured names in Schedule A,as owner or mortgage of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements;all subject to the provisions of SchedulesA and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six(6)months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs,provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF,First American Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. CONDITIONS 1.The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument. 2.If the proposed Insured has or acquired actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge.If the proposed Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect,lien encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of the Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment.In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4.This Commitment is a contract to issued one or more title insurance policies and is not an abstract of title or a report of the condition of title.Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5.The policy to be issued contains an arbitration clause.All arbitrable matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.You may review a copy of the arbitration rules as www.alta.org FIRST AMERICAN TITLE INSURANCE COMPANY Issued by: LAND TITLE GUARANTEE COMPANY Ns�`a,� 3033 EAST FIRST AVENUE . f\��`' .• ..•.• 94 �ti1I SUITE 600 ( : r0 . ) ^ �' PO BOX 5440(80217) z o Q 3 DENVER, CO 80217 r . SEPTEMBER 24, d1968 Dennis J.Gilmore •*� s President -Y• Csx,q(I F O R)1\ d\P AMERICAN LAND TITLE ASSOCIATION A horized Offi` r or Agent Timothy Kemp CC.FA.06 Secretary