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Home My WebLink AboutPEC120037 APPLICATION REZONE PARKING LOT ORf pC��CO�� SEp 2 4 1u11 Department of Community Development 75 South Frontage Road 3;�sp� , Vail, CO 81657 T�� / TOWN OF V IL Tel: 970-479-2128 www.vailgov.com Development Review Coordinator Amendment to District Boundaries (Rezoning) or Zoning Ordinance Application for Review by the Planning and Environmental Commission General Information: An amendment of the zoning regulations or change in zone district boundaries may be initiated by the Town Council, by the Planning and Environmental Commission, by petition of any resident or property owner in the Town, or by the Administrator. Required criteria and findings for such petition are stated in Section 12-3-7C, Vail Town Code. Relevant sections of the Vail Town Code can be found on the Town's website at www.vailgov.com. The proposed project may also require other permits or applications and/or review by the Design Review Board and/or Town Council. Fee: $1300 Description of the Request: .�.c� � � � � � � ^�� '� ��'^ '�` �"� � 1, ` �./ l�.'4`�G`� V��' � �J J'T � F a'S � e�.,r Q 4 � ii� � Physical Address: ��5 S.J ��`S� Parcel Number: vZ�� \'� �ti �"��' 4��—(Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: `� v`4 MailingAddress: �� sk� '�t�n� Ao�e_ �e� _ � Phone: Owner's Signature4--��"/ ,� Primary ContacU Owner Representative: �e,T U\� Mailing Address: '! �S S �s �� .��1 Phone: �(l Cl Lt�r _ E-Mail: ��n„�� (c� �).;�� c; � t.�v�.r Fax: For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Exp. Date: Auth # Check # Fee Paid: .�' ��''h� Received From: Meeting Date: �C��LZ—� t� PEC No.: ��.�3 �" Planner: ��- Project No: PR..� � oZ '�� U — iJ Zoning: Land Use: Location of the Proposal: Lot: Block: Subdivision: TOWN OF VA11: THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on October 22, 2012, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A report to the Planning and Environmental Commission on the administrator's approval of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the continued use of a private parking lot, located at 934 South Frontage Road/Unplatted, and setting forth details in regard thereto. (PEC120034) Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group Planner: Warren Campbell A request for the review of a conditional use permit, pursuant to Section 12-71-5, Conditional Uses, Generally (On all levels of a building or outside of a building), Vail Town Code, to allow for a ski lift and tow (gondola), located at 934 South Frontage Road/ Unplatted, and a request fora conditional use permit, pursuant to 12-8B-3, Conditional Uses, Vail Town Code to allow for a ski lift and tow (gondola), located at 830 Forest Road/Unplatted and setting forth details in regard thereto. (PEC120035) ® .. Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group Planner: Warren Campbell A request for the review of amendments to a conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the redevelopment of the Vail Golf Course Club House (i.e. accessory buildings, permanent and temporary, and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses), located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3 and Unplatted Parcels (a complete metes and bounds description is available at the Community Development Department Office), and setting forth details in regard thereto. (PEC120036) Applicant: Town of Vail, represented by Greg Hall Planner: Bill Gibson A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of the Vail Golf Course parking lot from the General Use District to the Outdoor Recreation District, located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. (PEC120037) Applicant: Town of Vail, represented by Greg Hall Planner: Bill Gibson A request for a recommendation to the Vail Town Council on prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for amendments to Section 12-8B-7, Height, Vail Town Code, to increase the allowable building height within the Outdoor Recreation District, and setting forth details in regard thereto. (PEC120039) Applicant: Town of Vail, represented by Greg Hall Planner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend site visits. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published October 12, 2012 in the Vail Daily. B�uN n��,c in, E_�. iNC. LAND PLANNING & COMMUNITY DEVELOPMENT September 24, 2012 Mr. Bill Gibson Town Planner Town of Vail 75 South Frontage Road Vail, CO 81632 RE: Vail Golf Course Clubhouse Re-development Dear Bill: �� [ � Cc; �_'� D � C !� �� SEP 2 4 1u��z � TC�WN OF VAIL Enclosed you will find preliminary submittal material for proposed re-development of the Vail Golf Course Clubhouse. The purpose of this submittal is to facilitat�e work session level discussions with the Planning and Environmental Commission. Additional submittal material will be provided prior to formal PEC meetings. Infornaation provided includes: l. 2. 3. 4. 5. 6. 7. 8. Application forms Title Report Adjacent Property Owners list Property Survey Site Plan Building Elevations Building Floor Plans Proj ect Narrative Our hope is to have our first work session with the PEC on October 22°d. I will coordinate further with you on a review schedule later this week. Please do not hesitate to contact me with any questions you may have. Sincerely, � v�v �� Thomas A. Braun ,� � �2.-� i � � �CGI2O`�3� �c tZ� � � � � � � 3$ �I �C f 2_ � �G�ZU��'� Opal Building • 225 Main Street • Suite G 2 • Edwards, CO 81632 970-926-7575 • 970-926-7576 fax • www.braunassociates.com �. _ .- rt Vail Golf Course Club House Re-Development D��-�''' �� 1J � September 24, 2012 SEP 2 4 2u1t � The following four development applications are proposed in order to '�� F VAIL redevelopment of the Vail Golf Course Club House. Re-Zoning of Parkin� Lot from General Use (GU) to Outdoor Recreation (OR) Currently the parking lot at the Club House is zoned GU. Re-zoning this area to OR is proposed in order to establish one single zone district for the Club House area. The diagram below depicts the area to be re-zoned. �. �. � � �Iz1.l� �C?�f �C711CS� i:'hEhM�nev� Rr}.�Kani�t� 1',�,I, t�15 ..............__ MAaf.'viz_. Code Amendment to Outdoor Recreation The OR district currently limits building height to 21' (flat roo� and 24' (sloping roo�. A code amendment is proposed that would under certain circumstances increase building height to 30'/33'. Amendment to Existin� Conditional Use Permit (CUP� A CUP is currently in place for the Club House. An amendment to reflect the proposed re-development and use of the new facility will be proposed. In order to establish .,,.. , : � operational and management parameters of the Club House a geographic area will be defined for the CUP (see below) 7 p : � _ '"'--` -_. _ _' � �' yi' ,! y �.:�;\ / �- � �y�p ''� / 1 .;.✓ , . . . }�'% y/ f �. E ,; k�� % � /� / �..: J. - 'i.._, .. �� f.: �./« r i � � 1 � � .r i' ti � �'�"`,: �`i �� . �-".;�`` _ � . " ;' � , '.��a a �. / �` ��"xr ,t�•' � ' � � �. , Va�l Cyolf `: ' � ' Course Clubl�oase'�. ' %� �''�' � � .Cl'P ! � �_ �ru"` . ,� # "� t -�. �' �. 1 � � � 7 � _ ' � _ .. � �� _ _ �. �. � 'q�S ��`'' . ,�-�--�-� ' �� :� ,; � ��: i �� /�"�� #.'� _ti' � � �, �. � R.'L�� ..... Vail Galf Course Clubiumvr FeraninK ............_...________._____...._..........._. V.�u�(:U ___ ........................ ____ __ __________ ��.v�r�•xraie�.rxa Development Plan In accordance with submittal requirements for a CUP, a Development Plan for the project will be submitted. This plan will provide comprehensive information on the design of the building along with site and landscape improvements. Additional information on each of the four applications will be provided in the coming weeks. Clubhouse Adjacent Owner's List 9.24.12 1. Owner Name GEO. A. HORMEL & CO In Care Of Name HORMEL FOODS CORP - TAX DEPT Owner Address 1 HORMEL PL AUSTIN, MN 55912-3680 2. Owner Name HORMEL FOODS CORP Owner Address 1 HORMEL PL AUSTIN, MN 55912-3680 3. Vail Golfcourse Townhomes Phase II Malia Nobrega c/o Crossroads Realty Ltd. PO Box 1292 Vail, CO 81658 4. Fall Ridge Condos ATTN: Tina 1650 Fall Ridge Road Vail, CO 81657 5. Fall Ridge Condos ATTN: Tina 1650 Fall Ridge Road Vail, CO 81657 6. Vail Golfcourse Townhomes Phase I Chad Roberts PO Box 954 Vail, CO 81658 7. Vail Golfcourse Townhomes Phase IV Malia Nobrega c/o Crossroads Realty Ltd. PO Box 1292 Vail, CO 81658 � CC�[��!l[� � SEP 2 4 �u i[ TOWN UF VAIL � 8. Owner Name COKOMODO INVESTMENTS LP Owner Address 4 BERTHE CIR COLORADO SPRINGS, CO 80906 9. Owner Name LEE S. CHAPMAN REVOCABLE TRUST, LEE S. & SANDRA C. CHAPMAN, TRUSTEES Owner Address 7032 WEXFORD RD EDINA, MN 55439 10. Owner Name HILLIARD, R. GLENN Owner Address 1355 PEACHTREE ST 640 ATLANTA, GA 30309 11. Owner Name STARFIRE CO LTD In Care Of Name CM MGMT Owner Address PO BOX 1670 VAIL, CO 81658 12. Owner Name WEBSTER, DEBORAH L. Owner Address 4321 E LAKE CREEK RD EDWARDS, CO 81632 13. Owner Name CHOTIN, ROBIN D. Owner Address 6400 S FIDDLERS GREEN CIR 1200 ENGLEWOOD, CO 80111-4958 14. Owner Name NLJTT, WILLIAM J. Owner Address 24 DOCKSIDE LN 382 KEY LARGO , FL 33037 15. Owner Name ONE-ELEVEN SLTNBURST LLC Owner Address 380 MAIN ST SALEM, NH 03079 � 16. Owner Name CALLAHAN, RICHARD J. & MARY CELESTE Owner Address 190 HIGH ST DENVER, CO 80218 17. Owner Name BREITENBACH, JEAN L. Owner Address PO BOX 1409 VAIL, CO 81658-1409 18. Owner Name COOPER, ROBERT Owner Address AVE SAN FELIPE, EDIFICIO COINASA LA CASTELLANA CARACA VENEZUELA 19. Owner Name TELEPAS, GEORGE P. Owner Address 13320 MARSH LANDING PALM BEACH GARDENS, FL 33418 20. Owner Name INTERNATIONAL RM CORP In Care Of Name FERRARI HOUSE Owner Address PO BOX 971 AVON, CO 81620 21. Owner Name STORR, HANS G. & CAROL F. Owner Address 33 BROOKRIDGE DR GREENWICH, CT 06830 22. Owner Name MASLAK, SAMUEL H. & LULETA Owner Address PO BOX 1730 VAIL, CO 81658 23. Owner Name JAMES M. SLEVIN TRUST - DAPHNE S. SLEVIN TRUST Owner Address 1985 SUNBURST DR VAIL, CO 81657 24. Owner Name KNOWLTON, RICHARD L. & NANCY V. Owner Address 1999 SL7NBURST DR VAIL, CO 81657 25. Owner Name SNOWSTORM LLC In Care Of Name VIRTUS LTD Owner Address PO BOX 634 BORDEAUX CT LES ECHELONS ST PETER PORT GUERNSEY GY13DR CHANNEL ISLANDS 26. Owner Name WINTERSTORM LLC In Care Of Name VIRTUS LTD Owner Address PO BOX 634 BORDEAUX CT LES ECHELONS ST PETER PORT GUERNSEY GY13DR CHANNEL ISLANDS 27. Owner Name DOUGHERTY, PAUL C. Owner Address 5115 ROCKWOOD PARKWAY NW WASHINGTON, DC 20016-1915 28. Owner Name DEERWOOD COTTAGE PARTNERS LLC In Care Of Name L HILLIARD BROWN BROS HARRIMAN & CO Owner Address 140 BROADWAY NEW YORK, NY 10005 29. Owner Name HILLIARD, LANDON, III & MARY MYERS In Care Of Name BROWN BROTHERS HARRIMAN & CO Owner Address 140 BROADWAY NEW YORK, NY 10005 30. Owner Name TOWN OF VAIL In Care Of Name FINANCE DEPT Owner Address 75 S FRONTAGE RD W VAIL, CO 81657-5043 � . 31. Owner Name BEALS, SUSAN K. In Care Of Name SUSAN K BAER Owner Address 2800 ASPEN CT LTNIT A VAIL, CO 81657-3618 32. Owner Name FREEMAN, ANNELIESE M. Owner Address 2800 ASPEN LN iJNIT B VAIL, CO 81657 33. Owner Name GRASIS QUALIFIED PERSONAL RESIDENCE TRUST Owner Address 7211 NW 83RD ST STE 100 KANSAS CITY, MO 64152-6036 34. Owner Name JADLOS, PAMELA N. Owner Address 5350 S RACE CT GREENWOOD VILLAGE, CO 80121 35. Owner Name TOWN OF VAIL In Care Of Name FINANCE DEPT Owner Address 75 S FRONTAGE RD W VAIL, CO 81657-5043 , Land Title Guarantee Company Land Title GUARANTEE COMPANV www.lrGC.cont Date: 03-29-2012 Property Address: VAIL GOLFCOURSE VAIL, CO 81657 CUSTOMER DISTRIBUTION Our Order Number: V50020697.1 If you have any inquiries or require further assistance, please contact one of the numbers below: TOWIV OF VAIL HOUSIIVG DIVISION 75 S FRONTAGE RD VA[L, CO 81657 Attn: NINA T[MM Phone: 970-479 2144 Fax: 970-479 2452 Copies: 1 EMail: ntimm@vailgov.com Linked Commitment Delivery For TiUe Assistance: Vail Title Dept. Karen Biggs 610 WEST LIONSHEAD CIRCLE #200 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4534 EMail: eaglecountyrequests@ltgc.com I�C�C�Q�%��'.. i�. SEP 2 4�u t� �� j %;��: TOWN OF VAIi.. Land Title Guarantee Company Land Title GUARANTEE COMPANY WWW.LTGC.COM Property Address: VAIL GOLFCOURSE VAIL, CO 81657 Buyer/Borrower: TOWN OF VAIL Seller/Owner: TOWN OF VAIL Date: 03-29-2012 Our Order Number: V50020697.1 Need a map or directions for�your upcoming closing? Check out Land Title's web site at www.ltgc.com � , r r _m__ �___`e____ Pa� CONTACl 06/04 THANK YOU FOR YOUR ORDER! 0 First American Title Insurance Company ALTA COMMITMENT Our Order No. V50020697.1 Schedule A Cust. Ref.: Property Address: VAIL GOLFCOURSE VAIL, CO 81657 1. Effective Date: March 15, 2012 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: TOWN OF VAIL 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: TOWN OF VAIL 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No: V50020697.1 LEGAL DESCRIPTION NOTE: THE FINAL POLICY DOES NOT IN ANY WAY GUARANTEE OR INSURE THE DIMENSIOIVS OF THE ABOVE DESCRIBED LAND, THE LEGAL DESCRIPTION IS DERNED FROM THE CHAIN OF TITLE AND ONLY AN ACCURATE SURVEY CAN DETERMINE THE DIMENSIONS. PARCEL 1 Tracts A and B, Vail Village, Eighth Filing, according to the recorded plat thereof, TOGETHER WITH A parcel of land located in the N 1/2 of Section 9, Township 5 South, Range 80 West of the Sixth Principal Meridian, more particularly described as follows: Beginning at a point on the South righ[ of way line of S.H. No. 78 (Oct. 1965), from which the NW Corner of Section 9, Township 5 South, Range 80 West bears N. 25°32'15"W, a distance of 946.5 feet; thence along the South right of way line of S.H. No. 78 (Oct. 1965), S. 56°50'49" E. a distance of 63.9 feet; thence continuing along said right of way line N. 78°09'll" E. a distance of 2,364.4 feet; thence continuing along said right of way line along the arc of a curve to the left, having a radius of 5,930.2 feet a distance of 250.1 ft. (the chord of this arc bears N. 76°56'41" E. a distance of 250.1 ft.), thence continuing along said right of way line N. 75°44'll" E. a distance of 1,207.8 feet to the North line of Section 9; thence along the North line of Section 9, N. 89°19'22" W. a distance of 193.8 feet; thence S. 78°09'll" W. a dis[ance of 122.6 feet; thence S. 77°34'49" W. a distance of 2,700.2 feet; thence S. 76°04'59" W. a distance of 747.4 feet; thence along the arc of a curve to the right, having a radius of 5,923.0 feet a distance of 107.6 feet (the chord of this arc bears S. 78°40'25" W. a distance of 107.6 feet), more or less, to the point of Beginning. TOGETHER WITH A part of the N 1/2 N 1/2, Section 9, Township 5 South, Range 80 West of Sixth Principal Meridian, Town of Vail, Colorado, described as follows: Beginning at the Northeast corner of said Section 9, thence along the East line of said Section 9 S. 00°02'30" E. 318.38 feet to the Northerly boundary of Vail Valley, Third Filing, a subdivision recorded in the office of the Eagle County, Colorado, Clerk and Recorder; thence the following nine courses along said Northerly boundary: (1)195.12 feet along the arc of a curve to the left having a radius of 208.84 feet, a central angle of 53°31'52", and a chord which bears N78°16'35"W 188.10 feet; (2) S74°57'30°W 299.19 feet; (3)132.47 feet along the arc of a curve to the left having a radius of 191.50 feet, a central angle of 39°38'06", and a chord which bears S55°08'27"W 129.85 feet; (4) S35°19'24"W 53.28 feet; (5) 91.32 feet along the arc of a curve to the right having a radius of 290.69 feet, a central angle of 18°00'00", and a chord which bears S44°19'24"W 90.95 feet; (6) S53°19'24"W 197.05 feet; (7) 114.13 feet along the arc of a curve to the left having a radius of 165.00 feet, a centrai angle of 39°37'S5", and a chord which bears S33°30'26"W 111.87 feet; (8) Our Order No: V50020697.1 LEGAL DESCRIPTION S13°41'29"W 95.24 feet; (9) 138.45 feet along the arc of a curve to the right having a radius of 108.87 feet, a central angle of 72 ° 51' 47" , and a chord which bears S50°07'23"W 129.31 feet to the northwest corner of Lot 2, Vail Valley, Third Filing; thence along the Northerly line of a parcel described IN BOOK 325 AT PAGE 460 in the clerk's records 68.98 feet along the arc of a curve to the right having a radius of 108.87 feet, a central angle of 36°18'02", and a chord which bears N75°17'43"W 67.83 feet to the most easterly corner of lot 3, Sunburst Filing no. 3, a subdivision recorded in the clerk's records; thence the following eight courses along the Easterly and Northerly boundary of said Sunburst Filing No. 3: (1) 80.00 feet along the arc of a curve to the right having a radius of 108.87 feet, a central angle of 42°06'13", and a chord which bears N36°05'36"W 78.21 feet; (2) N15°02'30"W 115.00 feet; (3) 239.38 feet along the arc of a curve to the left having a radius of 189.10 feet, a central angle of 72°31'52", and a chord which bears N51°18'24"W 223.72 feet; (4)119.31 feet along the arc of a curve to the left having a radius of 135.00 feet, a central angle of 50°38'17", and a chord which bears N72°59'22"W 115.47 feet; (5) S81°41'30"W 877.73 feet; (6) 202.47 feet along the arc of a curve to the left having a radius of 444.71 feet, a central angle of 26°05'll", and a chord which bears S68°38'54"W 200.73 feet; (7) S55°36'19"W 37.99 feet; (8) S12°57'43"W 50.01 fee[ to a point on [he Northerly boundary of Vail Valley, First Filing, a subdivision recorded in the Clerk's records; thence the following three courses along said northerly boundary; (1) S63°06'08"W 93.37 feet; (2) S71°15'58"W 102.04 feet; (3) S88°36'16"W 185.01 feet to the most Easterly corner of Tract A, Vail Village, Eighth Filing, a subdivision recorded in the Clerk's records; thence the following five courses along the easterly line of said Vail Village, Eighth Filing: (1) 93.08 feet along the arc of a curve to the right having a radius of 125.00 feet, a central angle of 42 ° 40' 00" and a chord which bears N15°03'41"W 90.95 feet; (2) 117.72 feet along the arc of a curve to the left having a radius of 190.00 feet, a central angle of 35°30'00", and a chord which bears N11°28'41"W 115.85 feet; (3) N29°13'41"W 138.00 feet; (4) 74.32 feet along the arc of a curve to the right having a radius of 245.00 feet, a central angle of 17°22'52", and a chord which bears N20°32'15"W 74.04 feet; (5) N11°50'49"W 54.92 feet to the southerly right-of-way line of U.S. Highway No. 6; thence the following three courses along said right-of-way line: (1) N78°11'20"E 540.92 feet: (2) N76°56'41"E 250.00 feet; (3) N75°43'51"E 1260.37 feet to the North line of said Section 9, thence along said North line S89°23'38"E 1061.65 feet to the point of beginning. PARCEL 2: Commencing at the Northwest corner of the Southwest one-quarter of the Northeast one-quarter of Section 8, Township 5 South , Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado; thence Southerly along the West line of said Southwest one-quarter of the Northeast one-quarter a distance of 274.44 feet to the point of beginning; thence on an angle to the left of 21°22'45" and along a curve to the left having a radius of 175.00 feet, a central angle of 53°57' 15", an arc distance of 164.79 feet to a point of tangent; thence along said tangent a distance of 215.00 feet to a point of curve; thence on a curve to the right having a radius of 125.00 feet, a central angle of 16°00'00", an arc distance of 34.90 feet to a point of tangent; thence Our Order No: V50020697.1 LEGAL DESCRIPTION along said tangent a distance of 90.00 feet to a point of curve; thence on a curve to the left having a radius of 175. 00 feet, a central angle of 23°03'57", an arc distance of 70.45 feet to a point of tangent; thence along said tangent a distance of 310.75 feet to a point of curve; thence on a curve to the left having a radius of 525.00 feet, a central angle of 31°14'O1", an arc distance of 286.19 feet to a point of tangent; thence along said tangent a distance of 130.00 feet; thence on an angle to the right of 90°00'00" a distance of 115.00 feet; thence on an angle to the left of 74 ° 30' 00" a distance of 615.00 feet; thence on an angle to the left of 19°04'58" a distance of 195.25 feet; thence on an angle to the left of 21 °43' 27" a distance of 445.00 feet; thence on an angle to the left of 62°30'00" a distance of 50.00 feet; thence on an angle to the right of 90°00'00" and along a curve to the right having radius of 185.00 feet, a central angle of 84 ° 00' 00", an arc distance of 271.22 feet to a point of tangent; thence along said tangent a distance of 55.00 feet; thence on an angle to the right of 60° 15' 13" a distance of 180.45 feet; thence on an angle to the left of 22 ° 23' 29" a distance of 165.15 feet; thence on an angle to the right of 40°02'35" a distance of 151.27 feet; thence on an angle to the left of 66°26'04" a distance of 55.00 feet; thence on an angle to the left of 47 ° 15' 00" a distance of 76.00 feet; thence on an angle to the left of 44 ° 37' 46" a distance of 203. 76 feet; thence on an angle to the right of 75°37'46" and along a curve to the left having a radius of 265.00 feet, a central angle of 4° 19'42" an arc distance of 20.02 feet; thence on an angle to the right of 80°O1'48" a distance of 105.00 feet; thence on an angle to the right of 24°59'45" a distance of 716.22 feet; thence on an angle to the right of 14°30'00" a distance of 255.00 feet; thence on an angle to theright of 16°30'00" a distance of 355.00 feet; thence on an angle to the left of 9°45'00" a distance of 515.00 feet; thence on an angle to the right of 10°57'18" a distance of 1379.28 feet to a point on the East line of a Block 1, Vail Village, First Filing; thence on an angle to the right of 111°49'05" and along said East line a distance of 295.00 feet to the South line of Tract F, Vail Village, First Filing; thence on an angle to the right of 64 ° 30' 00" and along South line a distance of 446.70 feet to a point on the West line of said Southwest one-quarter of the Northeast one-quarter; thence on an angle to the left of 97°00'06" and along said West line a distance of 191.47 feet to the point of beginning. Excepting the following described parcel: a part of Tract B, VAiI Village, Seventh Filing, County of Eagle, State of Colorado, more particularly described as follows: Beginning at the most Westerly corner of said Tract B; thence 1Vorthwesterly along the Westerly line of said Tract B 295.00 feet to the Northwest corner of said Tract B; thence on an angle to the right of 64°30'00" and along the Northerly line of said Tract B, 446.70 feet to a point on the East line of the Southeast one-quarter of the Northwest one-quarter of Section 8, Township 5 South, Range 80 West of the Sixth Principal Meridian; thence on an angle to the left of 97°00'06" and Northerly along said East line and along the Westerly line of Tract B 191. 47 feet to a point of intersection with the Southerly line of Vail Valley Drive; thence on an angle to the right of 158°37' 15" and along the Southerly line of Vail Valley Drive and along a curve to the left having a Our Order No: V50020697.1 LEGAL DESCRIPTION radius of 175.00 feet, a central angle of 53°57'15", an arc distance of 164.79 feet to a point of tangent; thence along said Southerly line and along said tangent 215.00 feet to a point of curve; thence along said Southerly line and along a curve to the right having a radius of 125.00 feet, a central angle of 16°00'00", an arc distance of 34.90 feet to a point of tangent; thence along said Southerly line and along said tangent 90.00 feet to a point of curve; thence along said Southerly line and along a curve to the left having a radius of 175.00 feet, a central angle of 23°03'57", an arc distance of 70.45 feet to a point of tangent; thence along said Southerly line and along said tangent 310.75 feet to a point of curve; thence along said Southerly line and along a curve to the left having a radius of 525.00 feet, a central angle of 31°14'O1", an arc distance of 286.19 feet to a point of tangent; [hence along said Southerly line and along said tangent 130.00 feet to the Northwesterly corner of Lot A, Block 2, said Vail Village Seventh Filing; thence on an angle to the right of 90°00'00" and along the Westerly line of said Lot A 115.00 feet; thence on an angle to the right of 21°26'23", 342.21 feet to a point of intersection with the Southerly line of said Tract B; thence on an angle to the right of 91 ° 55' 18" and along the Southerly line of said Tract B 515.00 feet; thence on an angle to the right of 10°57' 18" and along said Southerly line 1379.28 feet to the true point of beginning; Commencing at the Northeast corner of the North one-half of the Southwest one-quarter of the 1Vorthwest one-quarter of Section 9, Township 5South, Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado thence Southerly along the East line of said North one-half of the Southwes[ one-quarter of the Northwest one-quarter a distance of 206.78 feet; thence on an angle to the right of 100°35'51" a distance of 114.84 feet to the point of beginning; thence on an angle to the left of 90°00'00" a distance of 30.00 feet to a point of curve; thence on a curve to the right having a radius of 75.00 feet, a central angle of 50°00'00", an arc distance of 65.45 feet to a point of tangent thence along said tangent a distance of 540.00 feet to a point of curve; thence on a curve to the left having a radius of 180.00 feet, a central angle of 8°20'29", an arc dis[ance of 26.21 feet; thence on an angle to the right of 38°04'16" parallel to and 110.00 feet from the South line of said North one-half of the Southwest one-quarter of the Northwest one-quarter a distance of 682.98 feet thence on an angle to the right of 63 ° 46' 39" and along a curve to the right having a radius of 215.00 feet, a central angle of 65°09'58", an arc distance of 244.43 feet to a point of tangent; thence along said tangent a distance of 22.52 feet; thence on an angle to the right of 83°45'36" and on a curve to the left having a radius of 230.00 feet, a central angle of 44°26'00", an arc distance of 178.37 feet to a point of tangent; thence along said tangent a distance of 285.00 feet to a point of curve; thence along a curve to the right having a radius of 110.00 feet, a central angle of 32°00'00", an arc distance of 61.44 feet to a point of reverse curve; thence on a curve to the left having a radius of 140.00 feet, a central angle of 42°00'00", an arc distance of 102.63 feet to a point of tangent; thence along said tangent a distance of 130.00 feet [o a point of curve; thence on a curve to right having a radius of 355. 00 feet, a central angle of 13 ° 30' 00" , an arc distance of 83.64 feet to a point of tangent; thence along said tangent a distance of 230.00 feet to a point of curve; thence on a curve to the right having a radius of 285.00 feet, a central angle of 18°30'00", an arc distance Our Order No: V50020697.1 LEGAL DESCRIPTION of 92.02 feet to a point of tangent; thence along said tangent a distance of 45.00 feet to the point of beginning, except 15 foot radius curves at street intersections. Beginning at the Northeast corner of the North one-half of the Southwest one-quarter of the Northwest one-quarter of Section 9, Township 5 South, Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado; thence Southerly along the East line of said North one-half of the Southwest one-quarter of the Northwest one-quarter a distance of 155.92 feet; thence on an angle to the right of 100 ° 35' 51 " a distance of 135.16 feet; thence on an angle to the righ[ of 69 ° 52' 29" a distance of 133. 79 feet to a point on the North line of said North one-half of the Southwest one-quarter of the Northwest one-quar[er; thence on an angle to the right of 99 ° 51' 19" a distance of 155.00 feet to the poin[ of beginning. A part of sec[ion 3,4, and 10, Township 5 South, Range 80 West of the Sixth Principal Meridian, COUNTY OF EAGLE, STATE OF COLORADO, more particularly described as follows: Beginning at the Southeast corner of said Section 4; thence Westerly along the South line of said Section 4 a distance of 1062.69 feet to a point on the South line of proposed Interstate 70; thence on an angle to the right of 167°32'49" and along the South line of Interstate Highway 70 a distance of 610.34 feet to a point of curve; thence along said South line and along a curve to the left having a radius of 5910.00 feet, a central angle of 4°29'29", an arc distance of 463.28 feet to a point of tangent; thence on an angle to the left of 8°10'15" and along said South line a distance of 211.10 feet; thence on an angle to the right of 8° 10' 15" and along said South line a distance of 2100.00 feet; thence on an angle to the right of 8°31'36" and along said South line a distance of 202.20 feet; thence on an angle to the left of 8°31'36" and along said South line a distance of 88.38 feet; thence on an angle to the right of 90°00'00" a distance of 261.76 feet; thence on an angle to the right of 74 ° 21' 42" a distance of 380.00 feet; thence on an angle to the left of 41°00'00" a distance of 255.00 feet; thence on an angle to the right of 46°00'00" a distance of 665.00 feet to a point on the South line of said Section 3; thence on an angle to the right of 27°30'00" and along the South line of said Section 3 a distance of 250.00 feet to the Northeast corner of the Northwest one-quarter of the Northwest one-quarter of said Section 10; thence on an angle to the left of 90°38'37" and along the East line of the Northwest one-quarter of the Northwest one-quarter of said Section 10 a distance of 120.00 feet; thence on an angle to the right of 78°24'46" a distance of 161.38 feet; thence on an angle to the right of 19°30'20" a distance of 340.00 feet; thence on an angle to the left of 32 ° 20' 00" a distance of 140.00 feet; thence on an angle to the the left of 26°40'00" a distance of 600.00 feet; thence on an angle to the right of 93°10'00" a distance of 417.73 feet to a point on the West line of the Northwest one-quarter of the Northwest one-quarter of said Section 10; thence on an angle to the right of 47°54'39" and along said West line a distance of 365.00 feet to the point of beginning. A part of the South one-half of Section 3 Township 5 South, Range 80 West of the Sixth Principal Meridian, County of Eagle, State of colorado, more particularly LEGAL DESCRIPTION described as follows: Our Order No: V50020697.1 Commencing at the Southwest corner of the Southwest one-quarter of the Southwest one-quarter of said section 3; thence Easterly along the South line of said Seciton 3, 250.00 feet; thence on an angle to the left of 27°30'00", 665.00 feet; thence on an angle to the left of 46°00'00", 255.00 feet; thence on an angle to the right of 41°00'00", 380.00 feet; thence on an angle to the left of 74°21'42", 121.76 feet to the true point of beginning; thence continuing along the aforesaid course 140.00 feet to a point on the Southerly right-of-way of Interstate Highway I-70; thence on an angle to the right of 90°00'00" and along said Southerly right-of-way 286.92 feet to a point of curve; thence along said Southerly right-of-way and along a curve to the right having a radius of 5550.00 feet, a central angle of 00°31'29", an arc distance of 508.17 feet; thence on an angle to the right of 13°42'47" and along said Southerly right-of-way 868.80 feet; thence on an angle to the left of 24°49'21" and along said Southerly right-of-way 32.95 feet; thence on an angle to the right of 114°44'31", 27.22 feet; thence on an angle to the right of 30°51'10", 194.73 feet; thence on an angle to the right of 19°49'O1", 52.77 feet; thence on an angle to the right of 40 ° 04' 29" , 100.00 feet; thence on an angle to the left of 22°00'00", 220.00 feet; thence on an angle to the left of 16°00'00", 190. 00 feet; thence on an angle to the right of 37°00'00", 240.00 feet; thence on an angle to the right of 07°00'00", 300.00 feet; thence on an angle to the right of 16°00'00", 300.00 feet; thence on an angle to the left of 42°00'00", 230.00 feet to the true point of beginning, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50020697.1 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 interestto be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wiL• 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: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50020697.1 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 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 [hat 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon 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, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN WARRANTY DEED FROM THE PULIS RANCH RECORDED JANUARY 19, 1984 IN BOOK 376 AT PAGE 985. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUIVD TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED W UNITED STATES PATENT RECORDED JUNE Z9, 1903, IN BOOK 48 AT PAGE 495, AND RECORDED AUGUST 22, 1956 W BOOK 157 AT PAGE 304. 10. 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. 11. ANY RIGHTS IN AND TO THE SHIVELY DITCH AND GORE CREEK. 12. RIGHT OF WAY EASEMENT AS GRANTED TO WESTERN SLOPE GAS COMPANY IN INSTRUMENT RECORDED JANUARY 12, 1966, IN BOOK 192 AT PAGE 39, SAID EASEMENT BEWG ALONG THE NORTHERLY 25 FEET OF THE SUBJECT PROPERTY. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50020697.1 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. TERMS, CONDITIONS AND PROVISIONS OF GROUND LEASE AND OPTION TO LEASE AGREEMENT BETWEEM CAROLINE K. PULIS, JAY B. PULIS, JR., WARREN KAMAR PULIS AND JAY B. PULIS, JR., TRUSTEE, AND WARREN KAMAR PULIS, TRUSTEE, LESSORS, AND VAIL METROPOLITAN RECREATION DISTRICT, LESSEE, RECORDED FEBRUARY 05, 1969 IN BOOK 214 AT PAGE 613, AND AMENDMENTS RECORDED IN BOOK 218 AT PAGE 952 AND BOOK 239 AT PAGE 37. 14. TERMS, AGREEMENTS, CONDITIONS, PROVISIONS,OBLIGATIONS AND RESTRICTIONS,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 THE DECLARATION FOR VAIL VILLAGE, EIGHTH FILING, RECORDED DECEMBER 17, 1965 IN BOOK 187 AT PAGE 523. 15. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF VAIL VILLAGE EIGHTH FILING. 16. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT BETWEEIV JAY B. PULIS, JR., WARREN KAMAR PULIS, GRANTORS, AND VAIL WATER AND SANITATION DISTRICT, GRAIVTEES, RECORDED FEBRUARY 05, 1969 IN BOOK 214 AT PAGE 612. 17. TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT-OF-WAY EASEMENT BETWEEN THE PULIS RANCH AND MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY RECORDED APRIL 24, 1976 IN BOOK 246 AT PAGE 623. 18. TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT RECORDED MAY 27, 1980 AT RECEPTION 1V0. 199642. 19. EXCEPTING THEREFROM ANY PORTION OF SUBJECT PROPERTY LYING IN ANY EXISTING ROADWAYS AND RIGHTS OF WAY OF RECORD. 20. DEED OF TRUST DATED JANUARY 19, 1984, FROM THE TOWN OF VAIL TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF THE PULIS RANCH TO SECURE THE SUM OF $2,200,000.00 RECORDED JANUARY 19, 1984, IN BOOK 376 AT PAGE 987. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50020697.1 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT OF DEED OF TRUST RECORDED JULY 03, 1989, IN BOOK 509 AT PAGE 392. 21. TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT OF WAY EASEMENT RECORDED NOVEMBER 12, 1986 AT RECEPTION N0. 348371. 22. TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT OF WAY EASEMENT RECORDED OCTOBER 31, 2000 AT RECEPTION NO. 742909. 23. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED NOVEMBER 13, 2000 AT RECEPTION NO. 743912. 24. TERMS, CONDITIONS AND PROVISIONS OF WATER AND ELECTRIC FACILITIES EASEMENT RECORDED AUGUST 09, 2001 AT RECEPTION NO. 764239. 25. TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT RECORDED APRIL 14, 2010 AT RECEPTION N0. 201006961. Z6. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED SEPTEMBER 28, 2011 AT RECEPTION NO. 201118006. 27. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED MAY 13, 2010, UNDER RECEPTION NO. 201009159. THE ABOVE EXCEPTIONS AFFECT PARCEL 1 28. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN QUITCLAIM DEED FROM VAIL VALLEY, INC. RECORDED AUGUST 26, 1980 IN BOOK 307 AT PAGE 611. 29. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN WARRANTY DEED RECORDED OCTOBER 19, 1984 IN BOOK 397 AT PAGE 528. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50020697.1 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 30. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PEIVETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475, MAY 20,1905 IN BOOK 48 AT PAGE 511, JUNE 29, 1903 IN BOOK 48 AT PAGE 495, AND AUGUST 22, 1956 IN BOOK 157 AT PAGE 304. 31. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475, MAY 20, 1905 IN BOOK 48 AT PAGE 511, JUNE 29, 1903 IN BOOK 48 AT PAGE 495, AND AUGUST 22, 1956 IN BOOK 157 AT PAGE 304. 32. DITCH AND WATER RIGHTS IN AND TO THE SHIVELY DITCH AND GORE CREEK. 33. RIGHT OF WAY FOR THE UNINTERRUPTED FLOW OF GORE CREEK OVER AND ACROSS THE PREMISES AS IS NOW LOCATED OR AS MAY BE LOCATED IN THE FUTURE. 34. EXCEPTWG ANY PORTION OF THE PREMISES LYING IN ANY EXISTING ROADWAY OR RIGHTS OF WAY OF RECORD. 35. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN THE PROTECTIVE COVENANTS OF VAIL VILLAGE, SEVENTH FILING, RECORDED DECEMBER 17, 1965 IN BOOK 187 AT PAGE 515. 36. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF VAIL VILLAGE, SEVENTH FILING. 37. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ELECTRIC ASSOCIATION, INC. UNDERGROUND RIGHT-OF-WAY EASEMENT RECORDED NOVEMBER 19, 1990 AT RECEPTION NO. 438565. 38. TERMS, CONDITIONS AND PROVISIOIVS OF UNDERGROUND RIGHT OF WAY EASEMENT RECORDED JULY 24, 1985 AT RECEPTION N0. 316872. 39. TERMS, CONDITIONS AND PROVISIONS OF PUBLIC SERVICE COMPANY OF COLORADO EASEMENT RECORDED JANUARY 20, 2004 AT RECEPTION NO. 865334. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50020697.1 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 40. TERMS, CONDITIONS AND PROVISIONS OF PUBLIC SERVICE COMPANY OF COLORADO EASEMENT RECORDED JANUARY 20, 2004 AT RECEPTION NO. 865335. THE ABOVE EXCEPTIOIVS AFFECT PARCEL 2. 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 Certiticate of Taxes Due listing each taxing junsdiction may be obtained from the County Treasurer's authorized agent. 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 margm shall not apply to documents using forms on which space is provided for recording or filing information at the top margm of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII rec �uires that "Every title entity shall be responsible for all matters which appear of record prior to the time ot- recording whenever the title entity conducts the closin� and is responsible for recording or filing of legal documen[s resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recordin$ 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 rotection for the Owner ma� be available (tyQically by deletion of Exception no. 4 of Schedule B, �ection 2 of the Commitmen 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 Com�any must receive an appropriate affidavit indemnifying the Company agamst 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 ma�or repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain covera�e for unrecorded liens will include: disclosure of certain construction information; financial mformation as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the comQany, and, any additional requirements as may be necessary aiter 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 containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 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 inc�ude the right to enter and use the property without tfie surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowin�ly 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, information to an insurance company for the purpose of defrauding or incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting attempting to defraud the policyholder or claimant with regard to a settlemwnt or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein cor►tained will be deemed to obligate the com_pany to provide any of the coverages referred to herein unless the above conditions are fully satistied. Dzsc�sv� oz/zoii 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 that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, the First 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 another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines 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 that we may collect include: * Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; * Information about your transactions with us, our affiliated companies, or others; 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 the product or service you have requested 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 the types 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. Furthermore, 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 have 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 that no 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 that informatior► to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your 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 that comply with referral regulations to guard your r►onpublic personal information. WEBSITE , Information on the calculation of premiums and other ti[le 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 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 *[he 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 tha[ 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 1VOT DISCLOSE A1VY PERSONAL INFORMATION ABOUT YOU WITH AIVYOIVE 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 dispu[e 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. Fozm PRIV.POL.L'IG.1