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HomeMy WebLinkAboutDRB18-0570 Approved Documents Design ReviewBoard (DRB) Department of CommunityDevelopment 75 South Frontage Road West TOWN F VA 1 L ACTION FORM Vail, CO 81657 Tel: 970-479-2139 www.vailgov.com Project Name: Spaeth Residence 2018 Application Number: DRB18-0570 Application Type: Addition Date Applied: 11/12/2018 Project Description: 4346 Spruce Way Renovation & Additions CONTACTS Contact Type: Applicant Full Name: John G Martin, Architect (John Martin) Address: John G Martin, Architect PO Box4701 Eagle, CO 81631 Phone: 9703280592 Contact Type: Property Owner Full Name: SPAETH, COURTNEY & JONATHAN Address: Phone: None Project Address: 4346 SPRUCE WY(210112212012) (210112212012) Job Site Location: Legal Description: Subdivision:AIGHORN SUBDIVISION 3RD DDITION Lot: 6 Block: 3 A Parcel Number: 210112212012 BOARDS/STAFF ACTION Motion By: Cahill Action: Approved Second By: Campbell Vote: 5-0 Date: 12/05/2018 Conditions: - All exposed metal flashing, trim, flues, vents, and rooftop mechanical equipment shall be anodized, painted (adjacent facade/roofmaterial color or flat black), or capable of weathering so as to be non-reflective pursuant to Section 14-10-5C, Building Materials and Design, Vail Town Code, prorto requesting final inspections. - 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 does not constitute a permit for building. Please consult with Town of Vail building personnel priorto construction activities. - Design Review Board approval shall not become valid for20 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). - Must submit a detailed landscaping plan to bring disturbance fencing up to Town of Vail standards before the issuance of a building permit Planner: Erik Gates PLANNING FEE RECEIPT TOWN OF VAIL Case # DRB18-0570 Date Printed: 12/12/2018 TOWN OF VAIL - FEES RECEIPT Planning Summary Type: Design Review Board(DRB) Submittal Date: 11/12/2018 Subcases: Addition Bond Expire D ate: D escription of Work: 4346 Spruce Way Renovation&Additions Property Information Address: 4346 SPRUCE WY(210112212012) Tax ID: 210112212012 Owner: SPAETH,COURTNEY&JONATHAN Contacts Contact Type: Applicant Company Name: John G Martin,Architect Full Name: John Martin Address: John G Martin,ArchitectPO Box 4701 Eagle, CO 81631 Email: john©martinmanleyarc hitec ts.c om Contact Type: Property Owner Full Name: SPAETH,COURTNEY&JONATHAN Address: Planning Fees Fee Information Account Amount Addition Fee 001-0000.31122.00 $300.00 Payment Information D ate Paid Payment Type Amount Addition Fee 11/12/2018 Credit Card $300.00 Paid By:Web payment-Notes:Transac tion ID:41048113073,auth c ode:320983 FEE TOTAL $300.00 AMOUNT PAID $300.00 BALANCE D UE $0.00 75 South Frontage Road West,Vail,Colorado 81657 12/12/2018 -11:16:56 AM-Generated by:cgodfrey 1/1 TOWN OF VAIL' JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications atfmting shared ownership properties such as duplex. condominium, and multi-tenant buildings. This form, or similar written correspondence, must be com- pleted by the adjoining duplex unit owner or the authorized agent of the home owner's association in the case of a con- dominium or multi-tenant building.All completed'1forms must be submitted with the applicants completed application. • I. (print name) Lawrence Whidror.MD ti d . 6.S'i.L -AAicn+'dz, a joint owner. or authority of the association. of property located at 4344 Spruce Way.Vat Colorado . provide this letter as written approval of the plans dated 11'52018 which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address not- ed above. I understand that the proposed improvements include! Master Bath Addition I understand that 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:and that it is the sole responsibility of the applicant to keep the joint property owner apprised of any changes and ensure that the Changes are acceptable and appropriate. Submittal of an application results y the applicant agreeing to this statement ii _ - — ./, /i� Newt.» ber— 81, "Di Si .' Date Print Name / TM@'Posalon 514SartG..44a.-s?- tAlk-0 )4e r- INVe authorize any and all changes submitted to the Town in reference to the above mentioned project. (Initials) BWe waive all rights to notification and review of submitted changes. o not authorize any changes submitted to the Town in reference to the above mentioned project. (Ini ' Is !Me wish to receive notifications and reviews of submitted changes. PROPOSED LANDSCAPING Botanical Name Common Name Quantity Size PROPOSED TREES Pinus aristata Bristlecone Pine 1 8'B&B AND SHRUBS Picea pungens Colorado Spruce 6 10'-12' B&B Populus tremuloides Quaking Aspen 5 2"-3"cal.50%multi-stem Cotoneaster lucidus Peking Cotoneaster 2 5 gallon Cornus alba'Argenteomarginata' Variegated Dogwood 1 5 gallon Ribes alpinum A IpineCurrant 8 5 gallon Symphoricarpos x chenaultii'Hancock' Hancock Coralberry 4 5 gallon Sorbaria sorbifolila Ural False Spirea 12 5 gallon Viburnum lantana'Mohican' Mohican Wayfaring Tree 1 5 gallon Picea Pungens'Mesa Verde' Mesa Verde Spruce 1 6 gallon Picea Pungens'Globosa' Dwarf Blue Globe Spruce 3 6 gallon Miscanthus sinensis'Variegatus' Variegated Maiden Grass 3 5 gallon Helictotrichon sempervirens Blue AvenaGrass 9 1 gallon EXISTING TREES TO BE REMOVED 4 existing Colorado Spruce to be removed(2+/-16" caliper, 1 +/-12"caliper, 1 +/-6"caliper) Minimum Requirements for Landscaping: Deciduous Trees—2" Caliper Coniferous Trees—6' in height Shrubs—5 Gal. Type Square Footage GROUND COVER Perennial flowers +/-200 SOD NA SEED native seed mix-see plan +/-1200(disturbed areas) IRRIGATION drip-trees/shrubs,spray-perennials +/-200(spray) TYPE OF EROSION CONTROL see plan Please specify other landscape features (i.e. retaining walls,fences, swimming pools, etc.) river rock boulder outcroppings/retaining walls,flagstone patio w/gas fire pit,flagstone stepping stones and stone slab stairs,path lighting,stone veneer wall with hammered iron railing,hammered iron fencing,dog run IP" Land Title Guarantee Company Customer Distribution Land Title C'.''.R•Tr.r r^Mrmr PREVENT FRAUD-Please remember tocall a member ofourclosing team when „Ciu:rryr- } initiating a wire transfer or providing wiring instructions. Order Number: V50050667-6 Date:07/11/2018 Property Address: 4346 SPRUCE WAY,VAIL,CO 81657 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closer's Assistant For Title Assistance Charis Patterson Ashley Garton Eagle County Title Team 0090 BENCHMARK RD#205 0090 BENCHMARK RD#205 610 WEST LIONSHEAD CIRCLE#300 AVON,CO 81620 AVON,CO 81620 VAIL, CO 81657 (970)748-4784(Work) (970)748-4789(Work) (970)477-4500(Work) (877)408-7373(Work Fax) (877)408-7373(Work Fax) eaglecountyrequestsc ltgc.com cpattersonOltgc.com agartoraltgc.com Contact License:CO419383 Company License:CO44565 Company License:CO44565 Buyer/Borrower Agent for Seller COURTNEY SPAETH AND JONATHAN SPAETH SLIFER SMITH & FRAMPTON SOLARIS AT VAIL Delivered via: Electronic Mail Attention: RIC SOUTO 141 E MEADOW DR#206 VAIL,CO 81657 (970)477-5720(Work) (970)471-0221 (Home) (970)479-2029(Work Fax) rsouto@slifer.net Delivered via: Electronic Mail Seller/Owner Lender-New Loan RESIG FAMILY TRUST NEW AMERICAN FUNDING Attention:TODD A. RESIG AND SCOTT G. RESIG Attention:SHARI BUSTOS/SUSAN MURRAY/DEB Delivered via: Electronic Mail JONES 14511 MYFORD RD#100 Tustin,CA 92780 (720)399-1671 (Work) (720)302-0400(Work Fax) susan.murry@nafinc.com sandra.trujillo@nafinc.com deb.jones@nafinc.com Delivered via: Electronic Mail Agent for Buyer SLIFER SMITH & FRAMPTON-AVON LIV SOTHEBY'S INTERNATIONAL REALTY Attention:JANNA CARVILL Attention:ANDIE OHDE 30 BENCHMARK RD#107 BEAVER CREEK LODGE AVON,CO 81620 PO BOX 539 (970)845-2012(Work) EDWARDS, CO 81632 (866)743-1589(Work Fax) (970)845-0422(Work) jcarvill@slifer.net (970)471-5233(Home) Delivered via: Electronic Mail (970)845-0423(Work Fax) aohde@livsir.com andie.Ohde@sothebysrealty.com Delivered via: Electronic Mail Agent for Seller LIV SOTHEBY'S INTERNATIONAL REALTY LINDSAY HUBBARD Attention:JAN JOHNSON (802)558-7357(Cell) BEAVER CREEK LODGE (970)477-5725(Work) PO BOX 539 Ihubbard@slifer.net EDWARDS, CO 81632 Delivered via: Electronic Mail (970)748-5158(Work) (970)845-0423(Work Fax) jan.johnson@sothebysrealty.com Delivered via: Electronic Mail IF" Land Title Guarantee Company Estimate of Title Fees Land Title C(.AR arrv.r rsxaFW, -.Simrr 1117 Order Number: V50050667-6 Date:07/11/2018 Property Address: 4346 SPRUCE WAY,VAIL,CO 81657 Parties: COURTNEY SPAETH AND JONATHAN SPAETH RESIG FAMILY TRUST,DATED MARCH 26,2016 AND TODD A. RESIG Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "ALTA"Owner's Policy 06-17-06 $4,281.00 Deletion of Standard Exception(s) $65.00 "ALTA"Loan Policy 06-17-06 Bundled Purchase Loan Rate $1,125.00 Endorsement ALTA 5-06 $0.00 Endorsement 100-06 $0.00 Endorsement ALTA 8.1-06 $0.00 Endorsement 100.29-06 $0.00 Endorsement C-1 (Issued with Commitment) $0.00 Tax Certificate(Tax Certificate Ordered) $0.00 Total$5,471.00 If Land Title Guarantee Company will be closing this transaction,the fees listed above will be collected at closing. Thank you for your order! Note:The documents linked in this commitment should be reviewed carefully.These documents,such as covenants conditions and restrictions, may affect the title, ownership and use of the property.You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Eagle county recorded 04/05/2016 under reception no.201604661 Eagle county recorded 08/24/2015 under reception no.201515883 Eagle county recorded 08/21/2006 under reception no.200622672 Plat Map(s): Eagle county recorded 08/04/2006 under reception no.21129 A LTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:V50050667-6 Customer Ref-Loan No.: 142618090373 Property Address: 4346 SPRUCE WAY,VAIL, CO 81657 1. Effective Date: 06/01/2018 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA"Owner's Policy 06-17-06 $2,146,000.00 Proposed Insured: COURTNEY SPAETH AND JONATHAN SPAETH "ALTA"Loan Policy 06-17-06 Bundled Purchase Loan Rate $1,600,000.00 Proposed Insured: BROKER SOLUTIONS,INC. DBA NEW AMERICAN FUNDING, AND/OR ITS WAREHOUSE LENDER 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: RESIG FAMILY TRUST,DATED MARCH 26,2016 AND TODD A. RESIG 5. The Land referred to in this Commitment is described as follows: LOT 6B, BIGHORN SUBDIVISION THIRD ADDITION AMENDED PLAT,A RESUBDIVISION OF LOT 6, BLOCK 3,ACCORDING TO THE PLAT RECORDED AUGUST 4,2006 RECEPTION NO. 200621129, COUNTY OF EAGLE,STATE OF COLORADO. Copyright 2006-2018 American Land Title Association.All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing ASSOCIATION as of the date of use.All other uses are prohibited. Reprinted under license f romthe American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: V50050667-6 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land.The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums,fees,and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured,or both, must be properly authorized,executed,delivered,and recorded in the Public Records. 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS,CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 2. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR RESIG FAMILY TRUST, DATED MARCH 26,2016 RECORDED APRIL 05,2016 AT RECEPTION NO. 201604662 IS CURRENT. NOTE:SAID INSTRU MENTDISCLOSES SCOTT RESIG AND RONNI RESIG AS THE TRUSTEES AUTHORIZED TO EXECUTE INSTRUMENTSCONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE,A CU RRENTSTATEMENT OF AUTHORITY MUST BE RECORDED. NOTE:THE TRUST AGREEMENT FOR RESIG FAMILY TRUST DATED MARCH 26,2016 DISCLOSES SCOTT RESIG AND RONNI RESIG AS THE TRUSTEES THAT ARE AUTHORIZED TO EXECUTE LEGAL INSTRUMENTSON BEHALF OF SAID ENTITY. NOTE: EITHER TRUSTEE MAY SIGN. 3. RELEASE OF DEED OF TRUST DATED MARCH 16, 2012 FROM SCOTT G. RESIG AND TODD A. RESIG TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF COLORADO BU SINESSBANK TO SECU RE THE SUM OF$1,312,500.00 RECORDED MARCH 21, 2012, U NDER RECEPTION NO. 201205529. 4. WARRANTY DEED FROM RESIG FAMILY TRUST, DATED MARCH 26,2016 AND TODD A. RESIG TO COU RTNEYSPAETH AND JONATHAN SPAETH CONVEYING SUBJECT PROPERTY. 5. DEED OF TRUST FROM COU RTNEYSPAETH AND JONATHAN SPAETH TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF BROKER SOLUTIONS,INC. DBA NEW AMERICAN FUNDING,AND/OR ITS WAREHOUSE LENDER TO SECU RETHE SUM OF$1,600,000.00. NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED FROM THE MORTGAGEE'S POLICY. ITEM 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED U PON RECEIPT OF A SATISFACTORY LIEN AFFIDAVIT. FORM 100 WILL BE ATTACHED TO THE MORTGAGEE'S POLICY WHEN ISSUED. NOTE:ALL PARTIES WILL BE REQUIRED TO SIGN THE LIEN AFFIDAVIT AT CLOSING. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: V50050667-6 All of the following Requirements must be met: REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, ITEMS 1-4 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED.ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, ITEM NO. 5 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS'TAXES AND ASSESSMENTS, ITEM NO. 6 OF THE PRE-PRINTED EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2018 AND SUBSEQUENT YEARS. NOTE:THE ISSUANCE OF THE POLICIES AND/OR ENDORSEMENTS REFERENCED IN THIS COMMITMENT ARE SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF SAID POLICIES AND/OR ENDORSEMENTS.THIS COMMITMENT MAY BE REVISED AS REQUIRED BY THE UNDERWRITER TO ISSUE THE POLICIES AND/OR ENDORSEMENTS REQUESTED.THIS NOTE WILL BE DELETED UPON THE RECEIPT OF SAID APPROVAL. AL TA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number:V50050667-6 This commitment does not republish any covenants,condition,restriction,or limitation contained in any document referred to in this commitment to the extent that the specific covenant,conditions, restriction,or limitation violates state or federal law based on race,color, religion,sex,sexual orientation,gender identity, handicap,familial status,or national origin. 1. Any facts, rights,interests,or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the L andor that may be asserted by persons in possession of the L and. 2. Easements, liens or encumbrances,or claims thereof, not shown by the Public Records. 3. Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the L andand not shown by the Public Records. 4. Any lien,or right to a lien,for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens,encumbrances,adverse claims or other matters, if any,created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 7. (a)Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights,claims or title to water. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 17, 1902, IN BOOK 48AT PAGE 492. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 17, 1902, IN BOOK 48,AT PAGE 492 AND RECORDED NOVEMBER 22, 1939, IN BOOK 123 AT PAGE 625. 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 JULY 12, 1963, IN BOOK 175 AT PAGE 135 AND AS AMENDED IN INSTRUMENT RECORDED APRIL 23, 1965, IN BOOK 187 AT PAGE 195. 11. EASEMENTS, CONDITIONS,COVENANTS,RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF BIGHORN SUBDIVISION,THIRD ADDITION RECORDED JUNE 3, 1963 UNDER RECEPTION NO. 98059. 12. EASEMENTS, CONDITIONS,COVENANTS,RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF RESUBDIVISION PLAT OF LOT 6, BLOCK 3, BIGHORN SUBDIVISION 3RD ADDITION, RECORDED AUGUST 4,2006 UNDER RECEPTION NO. 200621129. ALTA COMMITMENT Old Republic Nat ional Title Insurance Company Schedule B, Part II (Except ions) Order Number:V50050667-6 13. TERMS,CONDITIONS AND PROVISIONS OF SEWER EASEMENT RECORDED JULY 05,2006 AT RECEPTION NO. 200617847. 14. TERMS,CONDITIONS AND PROVISIONS OF RECIPROCAL GRANT OF EASEMENT RECORDED JULY 20, 2006 AT RECEPTION NO. 200619497. 15. TERMS,CONDITIONS,AND PROVISIONS OF DECLARATION B UTOMITTING 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 BYAPPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED AUGUST 4,2006 UNDER RECEPTION NO. 200621130. 16. MATTERS DISCLOSED ON IMPROVEMENT LOCATION CERTIFICATE ISSUED BYLELAND LECHNER PLS CERTIFIED MAY 17, 2018. SAID DOCUMENT STORED AS OUR ESI 35653800. IF" LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Land Title C(.AR arrv.r rsxaFW, -.Simrr 1117 Note: Pursuant to CRS 10-11-122, notice is hereby given that: (A) The Subject real property may be located in a special taxing district. (B) A certificate of taxes due listing each taxing jurisdiction will be obtained fro mthe co untytreasurer of the co untyin which the real property is located o rthat co untytreasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Po licyof Title Insurance pertaining to a sale of residential real property). (C) The information regarding special districts and the boundaries of such districts may be obtained fro mthe Board of Co untyCo mmissio ners,the Co untyClerk and Recorder,o rthe Co untyAssesso r. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording o rfiling in the clerk and recorder's office shall contain a to pmargin of at least o neinch and a left, right and bottom margin of at least o nehalf of an inch.The clerk and recorder may refuse to record o rfile any do cumentthat does no tconform, except that,the requirement for the to pmargin shall no tapply to do cumentsusing forms on which space is provided for recording o rfiling information at the to pmargin of the document. Note:Colorado Divisio not Insurance Regulations 8-1-2 requires that"Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity co nductsthe closing and is responsible fo r recording o rfiling of legal do cumentsresulting fro mthe transaction which was closed".Provided that Land Title Guarantee Co mpanyco nductsthe closing of the insured transaction and is responsible for recording the legal do cumentsfro mthe transaction,exception number 5 will no tappear on the Owner's Title Po licyand the Lenders Po licywhen issued. Note:Affirmative mechanic's lien protection for the Owner may be available(typically by deletion of Exception no.4 of Schedule B,Section 2 of the Co mmitment fro mthe Owner's Po licyto be issued) upo ncompliance with the fo llowing conditions: (A) The land described in Schedule A of this commitment must be a single family residence which includes a co ndo miniumo rtownhouse unit. (B) No labor o rmaterials have been furnished by mechanics o rmaterial-men for purposes of construction on the land described in Schedule A of this Co mmitment within the past 6 months. (C) The Co mpanymust receive an appropriate affidavit indemnifying the Co mpanyagainst un-filed mechanic's and material-men's liens. (D) The Co mpanymust receive payment of the appropriate premium. (E) If there has been construction, improvements o rmajo rrepairs undertaken o n the property to be purchased within six months prior to the Date of Co mmitment,the requirements to obtain coverage for unrecorded liens will include: disclo sureof certain construction information;financial information as to the seller,the builder and o rthe contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the co mpany,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 o rmaterial for which the insured has contracted for o ragreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. (A) That there is recorded evidence that a mineral estate has been severed, leased,or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil,gas,other minerals,or geothermal energy in the property;and (B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete,or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company.Penalties may include imprisonment,fines,denial of insurance, and civil damages.Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. JOINT NOTICE OF PRIVACY POLICY OF IF" LAND TITLE GUARANTEE COMPANY, � -Tt� LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY «n0.MFr , �4 LAND TITLE INSURANCE CORPORATION AND s� �f3 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities.We recognize that maintaining your trust and confidence is the bedrock of our business.We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information("Personal Information"). In the course of our business,we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX,our web-based transaction management system; • your transactions with,or from the services being performed by us, our affiliates,or others; • a consumer reporting agency,if such information is provided to us in connection with your transaction; and • The public records maintained by governmental entities that we either obtain directly from those entities,or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical,electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws,there are some situations in which Personal Information may be disclosed.We may disclose your Personal Information when you direct or give us permission;when we are required by law to do so,for example,if we are served a subpoena;or when we suspect fraudulent or criminal activities.We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as,for example,when disclosure is needed to enforce our rights arising out of any agreement,transaction or relationship with you. Our policy regarding dispute resolution is as follows:Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. * * Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation NOTICE IMPORTANT—READ CAREFULLY:THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES.ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE,REPORT OF THE CONDITION OF TITLE,LEGAL OPINION,OPINION OF TITLE,OR OTHER REPRESENTATION OF THE STATUS OF TITLE.THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE,INCLUDING ANY SEARCH AND EXAMINATION,ARE PROPRIETARY TO THE COMPANY,WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY,AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON,INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT.THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.. COMMITMENT TO ISSUE POLICY Subjectto the Notice;Schedule B,Part I—Requirements;Schedule B,Part II—Exceptions;and the Commitment Conditions,Old Republic National Title Insurance Company,a Minnesota corporation(the"Company"),commits to issue the Policy according to the terms and provisions of this Commitment.This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A,only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured.If all of the Schedule B,Part I—Requirements have not been met within 6 months after the Commitment Date,this Commitment terminates and the Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a)"Knowledge"or"Known":Actual or imputed knowledge,but not constructive notice imparted by the Public Records. (b)"Land":The land described in Schedule A and affixed improvements that by law constitute real property.The term"Land"does not include any property beyond the lines of the area described in Schedule A,nor any right,title,interest,estate,or easement in abutting streets,roads,avenues, alleys,lanes,ways,or waterways,but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c)"Mortgage":A mortgage,deed of trust,or other security instrument,including one evidenced by electronic means authorized by law. (d) "Policy":Each contract of title insurance,in a form adopted by the American Land Title Association,issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured":Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f)"Proposed Policy Amount":Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g)"Public Records":Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h)"Title":The estate or interest described in Schedule A. 2. If all of the Schedule B,Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy,Comitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a)the Notice; (b)the Commitment to Issue Policy; (c)the Commitment Conditions; (d)Schedule A; (e)Schedule B,Part I—Requirements;and (f)Schedule B,Part II—Exceptions;and (g)a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time.If the Company amends this Commitment to add a defect,lien,encumbrance,adverse claim,or other matter recorded in the Public Records prior to the Commitment Date,any liability of the Company is limited by Commitment Condition 5.The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a)The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment,resulting from the Proposed Insured's good faith reliance to: i. comply with the Schedule B,Part I—Requirements; ii. eliminate,with the Company's written consent,any Schedule B,Part II—Exceptions;or iii. acquire the Title or create the Mortgage covered by this Commitment. (b)The Company shall not be liable under Commitment Condition 5(a)if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c)The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d)The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i)through 5(a)(iii)or the Proposed Policy Amount. (e)The Company shall not be liable for the content of the Transaction Identification Data,if any. (f)I nno event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B,Part I—Requirementshave been met to the satisfaction of the Company. (g)I nany event,the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a)Only a Proposed I nsured identified in Schedule A,and no other person,may make a claim under this Commitment. (b)Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c)Until the Policy is issued,this Commitment,as last revised,is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations,representations,and proposals of any kind,whether written or oral, express or implied,relating to the subject matter of this Commitment. (d)The deletion or modification of any Schedule B,Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f)When the Policy is issued,all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies.The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide,at the request of a Proposed I nsured,a pro-forma policy illustrating the coverage that the Company may provide.A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed I nsured,nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause.All arbitrable matters when the Proposed Policy Amount is$2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed I nsured as the exclusive remedy of the parties.A Proposed I nsured may review a copy of the arbitration rules at http://www.alta.org/arbitration. I N WITNESS WHEREOF,Land Title I nsurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: ,•' 7.T '} , `i Old Republic National Title Insurance Company,a Stock Land Title Guarantee .t Ner' * * y Company Company - * * 400 Second Avenue South 3033 East First Avenue Suite ` J * ; Minneapolis, Minnesota 55401 o 600 isi * '�n; (612)371-1111 Denver, Colorado 80206 ='° * * 303-321-1880 '�47p , ,`. {Z r1 - Mark Bilbrey, President President 43(2O1---- Rande Yeager, Secretary This page is only a part of a 2016 ALTA®Commitment for Title Insurance issued by Land Title Insurance Corporation.This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I—Requirements;and Schedule B,Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association.All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association.