HomeMy WebLinkAboutDRB18-0581_approved documents_1547064763.pdfACTION FORM
Design Review Board (DRB)
Department of Community Development
75 South Frontage Road West
Vail, CO 81657
Tel: 970-479-2139
www.vailgov.com
Project Name: Roellig Addition 2018 Application Number: DRB18-0581
Application Type: Addition Date Applied: 11/27/2018
Project Description:Add 502 SF. New windows, added trellis at south east deck, add built in bbq.
Remove existing hot tub that is on property line.
CONTACTS
Contact Type: Applicant
Full Name: Triumph (Mike Foster)
Address: 12 Vail Road Suite 700 Vail, CO 81657 Phone: 3034754413
Contact Type: Property Owner
Full Name: ROELLIG, MARK & LISA
Address: Phone: None
Project Address: 971 SPRADDLE CREEK RD (210105301008) (210105301008)
Job Site Location:
Legal Description: Subdivision: SPRADDLE CREEK ESTATES Lot: 8 Block:No
Data
Parcel Number: 210105301008
BOARDS/STAFF ACTION
Motion By: Action: Staff Approved
Second By:
Vote: Date: 01/09/2019
Conditions:
- All exposed metal flashing, trim, flues, vents, and rooftop mechanical equipment shall be anodized, painted
(adjacent facade/roof material 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, pror to 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 prior to construction activities.
- Design Review Board approval shall not become valid for 20 days following the date of approval, pursuant
to the Vail Town Code, Chapter 12-3-3 Appeals.
- No changes to these plans maybe made without the written consent of Town of Vail staff and/or the
appropriate review committee(s).
- The applicant for this project is required to submit a foundation Improvement Location Certificate (ILC)
showing the foundation of the structure in compliance with the approved development plan in conjunction with
the building permit inspection process.
- The applicant for this project is required to submit a framing Improvement Location Certificate (ILC)
showing ridge and eave elevations in compliance with the approved development plan in conjunction with the
building permit inspection process.
Planner: Chris Neubecker
914 Spraddle Creek Road Vail, Colorado 81657 970.479.2900
A R C H I T E C T U R A L C O N T R O L C O M M I T T E E
December 12, 2018
Mr. Michael Foster
Re: Spraddle Creek Estates - Lot 8
Revised Final Plan Submittal
Dear Mike:
The Spraddle Creek Estates Architectural Control Committee (ACC) has reviewed your Revised
Final Plan Submittal for the remodel to Lot 8 in Spraddle Creek (dated November 15, 2018 and
December 11, 2018), and has determined that the submission meets the general intent of the
Guidelines. The ACC therefore grants Final Approval, with the following conditions:
Applicant to confirm with Town of Vail that the new BBQ area does not count against the
platted allowable Site Coverage.
All new exterior materials shall match existing exterior materials.
New window and door unit color, quality, and divided lite designs shall match existing.
Any new lighting shall be Dark Skies compliant.
Final snow guard design shall comply with the Guidelines.
Any further changes to the design after Final Approval shall be submitted to the ACC for
review and approval.
In addition to the conditions listed above, the Applicant shall note the following:
Reference page 18 of the Guidelines for specific requirements regarding any new utility
meters, satellite dishes, trash enclosures, and the like.
Thank you for your submittal. If you have any questions or comments, please call me at 949-0257.
Sincerely,
David Kaselak, AIA
Chairperson
Spraddle Creek Estates Architectural Control Committee
cc: Bill Esrey, Rose Gillett, Erik Borgen, Kim and Mike Drury
LAND TITLE GUARANTEE COMPANY
Date: October 02, 2018
Subject: Attached Title Policy MARK ROELLIG AND LISA ROELLIG for 971 SPRADDLE CREEK ROAD, VAIL, CO
81657
Enclosed please find the Owner's Title Insurance Policy for your purchase of the property listed above.
This title policy is the final step in your real estate transaction, and we want to take a moment to remind you of its
importance. Please review all information in this document carefully and be sure to safeguard this policy along with your
other legal documents.
Your owner's policy insures you as long as you own the property and requires no additional premium payments.
Please feel free to contact any member of our staff if you have questions or concerns regarding your policy, or you
may contact the Final Policy Department at (303) 850-4158 or finals@ltgc.com
As a Colorado-owned and operated title company for over 50 years, with offices throughout the state, we take pride in
serving our customers one transaction at a time. We sincerely appreciate your business and welcome the opportunity
to assist you with any future real estate needs. Not only will Land Title be able to provide you with the title services
quickly and professionally, but you may also be entitled to a discount on title premiums if you sell or refinance the
property described in the enclosed policy.
Thank you for giving us the opportunity to work with you on this transaction. We look forward to serving you again in the
future.
Sincerely,
Land Title Guarantee Company
OWNER'S POLICY OF TITLE INSURANCE
ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE COMPANY
UNDER THIS POLICY MUST BE GIVEN TO THE COMPANY AT THE ADDRESS SHOWN IN SECTION 18 OF THE CONDITIONS.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS,OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (the "Company"), insures, as of Date of Policy and, to
the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the
Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the title; This covered Risk includes but is not limited to insurance against loss from
a. A defect in the Title caused by
b. The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
c. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining
land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the
violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,
describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed
or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records
that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured
against by this Policy, but only to the extent provided in the Conditions.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
(303)321-1880
President
Old Republic National Title Insurance Company, a Stock Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612)371-1111
Mark Bilbrey, President
Rande Yeager, Secretary
Copyright 2006-2018 American Land Title Association - All rights reserved. - The use of this form is restricted to ALTA licensees and ALTA members in good
standing as of the date of use. - All other uses are prohibited. - Reprinted under license from the American Land Title Association
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06
forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(i)
failure of any person or Entity to have authorized a transfer or conveyance;(ii)
a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;(iii )
failure to perform those acts necessary to create a document by electronic means authorized by law;(iv)
a document executed under a falsified, expired, or otherwise invalid power of attorney;(v)
a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means
authorized by law; or
(vi)
a defective judicial or administrative proceeding.(vii)
the occupancy, use or enjoyment of the Land;(a)
the character, dimensions, or location of any improvement erected on the Land;(b)
the subdivision of land; or(c)
environmental protection(d)
as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or
any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent
or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(a)
because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state
insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(b)
to be timely, or(i)
to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.(ii)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that
arise by reason of:
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or
holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of
warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest
in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to
an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable
(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to(1)
the occupancy, use, or enjoyment of the Land;(i)
the character, dimensions, or location of any improvement erected on the Land;(ii)
the subdivision of land; or(iii)
environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or
limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage
provided under Covered Risk 6.
(iv)
Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.(2)
Defects, liens, encumbrances, adverse claims, or other matters(3)
created, suffered, assumed, or agreed to by the Insured Claimant;(a)
not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(b)
resulting in no loss or damage to the Insured Claimant;(c)
attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or(d)
resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.(e)
Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in
Schedule A, is
(4)
a fraudulent conveyance or fraudulent transfer; or(a)
a preferential transfer for any reason not stated in Covered Risk 9 of this policy.(b)
Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
(5)
"Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b) or
decreased by Sections 10 and 11 of these Conditions.
(a)
"Date of Policy": The date designated as "Date of Policy" in Schedule A.(b)
"Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity.(c)
"Insured": The Insured named in Schedule A.(d)
The term "Insured" also includes(i)
successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal
representatives, or next of kin;
(A)
successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization;(B)
successors to an Insured by its conversion to another kind of Entity;(C)
a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title(D)
if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured.(1)
if the grantee wholly owns the named Insured,(2)
if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-
owned by the same person or Entity, or
(3)
if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate
planning purposes
(4)
With regard to (A), (B), (C), and (D) reserving, however, all rights and defensed as to any successor that the Company would have had against any
predecessor Insured.
(ii)
"Insured Claimant": An Insured claiming loss or damage.(e)
"Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any
other records that impart constructive notice of matters affecting the Title.
(f)
"Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond
the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenue, alleys, lanes, ways, or
waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy.
(g)
"Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law.(h)
"Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property
to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the
records of the clerk of the United States District Court for the district where the Land is located.
(i)
"Title": The estate or interest described in Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective
purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the
delivery of marketable title.
(j)
by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide
prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured
Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes
the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable
delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is
limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to
the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of
any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not
insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or
proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the
Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall
not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination
by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured
shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for
this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence,
obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may
be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required
cooperation, the Company's obligation to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce
for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in
whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date
before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured
Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or
control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company
pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of
the Insured Claimant to submit for examination under oath produce any reasonably requested information, or grant permission to secure reasonably necessary
information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this
policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys'
fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is
obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the
payment required in the subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by
reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of
To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will
pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the
Company is obligated to pay; or
(i)
To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expensed
incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise
by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or
damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
(ii)
the Amount of Insurance; or(i)
the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy.(ii)
(b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured,
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5
and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the
claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully
performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there
has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written
consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to
which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the
amount so paid shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and
all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs,
attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use
the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of
the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or
conditions contained in those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the
American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons,
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any
service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All
arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when
the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy
and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim or loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this
policy.
(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement
expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase
the Amount of Insurance.
the Amount of Insurance shall be increased by 10%, and(i)
the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the
date it is settled and paid.
(ii)
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision
or such part held to be invalid, but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law; The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in
reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the
jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its
conflicts of law principles to determine the applicable law.
(b) Choice of Forum; Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United
States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 400 Second
Avenue South, Minneapolis, Minnesota 55401 (612)371-1111.
ANTI-FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(a), it is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance
company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any
insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the
purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to
the Colorado division of insurance within the department of regulatory agencies.
This anti-fraud statement is affixed to and made a part of this policy.
Order Number: V50051232 Policy No.: OX50051232.801465
Amount of Insurance: $8,200,000.00
Property Address:
971 SPRADDLE CREEK ROAD, VAIL, CO 81657
1. Policy Date:
August 31, 2018 at 5:00 P.M.
2. Name of Insured:
MARK ROELLIG AND LISA ROELLIG
3. The estate or interest in the Land described in this Schedule and which is covered by this policy is:
A Fee Simple
4. Title to the estate or interest covered by this policy at the date is vested in:
MARK ROELLIG AND LISA ROELLIG
5. The Land referred to in this Policy is described as follows:
LOT 8, SPRADDLE CREEK ESTATES, LOT 8, ACCORDING TO THE PLAT RECORDED OCTOBER 25, 2016
UNDER RECEPTION NO. 201617977, COUNTY OF EAGLE, STATE OF COLORADO.
Copyright 2006-2018 American Land Title Association. All Rights Reserved The use of this Form is
restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Land Title Guarantee Company Representing
Old Republic National Title Insurance Company
Schedule A
This policy does not insure against loss or damage by reason of the following:
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the Public Records.
5. (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.
6. 2018 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE.
7. 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 JULY 11, 1899, IN BOOK 48 AT PAGE 475.
8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE
475.
9. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED MARCH 11, 1993 IN BOOK 603 AT
PAGE 890.
10. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AS GRANTED TO THE UNITED STATES OF
AMERICA AND THE TOWN OF VAIL RECORDED APRIL 05, 1993 IN BOOK 605 AT PAGE 532.
11. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS, NOTES AND BUILDING
ENVELOPMENT AS SHOWN OR RESERVED ON THE PLAT RECORDED MAY 28, 1993 IN BOOK 610 AT
PAGE 213, FIRST AMENDMENT RECORDED SEPTEMBER 3, 1993 IN BOOK 618 AT PAGE 664 AND
SECOND AMENDMENT RECORDED OCTOBER 8, 1993 IN BOOK 621 AT PAGE 758.
12. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX,
SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL
ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL
LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY
APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 10, 1993, IN BOOK 624 AT
PAGE 528, WHICH INCLUDES RESIDENTIAL DESIGN REGULATIONS AND FIRST AMENDMENT THERETO
RECORDED OCTOBER 14, 1994 IN BOOK 652 AT PAGE 580 AND SECOND AMENDMENT THERETO
RECORDED OCTOBER 20, 1994 IN BOOK 652 AT PAGE 940 AND RERECORDED OCTOBER 27, 1994 IN
BOOK 653 AT PAGE 596 AND AMENDMENT THERETO RECORDED DECEMBER 27, 1994 IN BOOK 657 AT
PAGE 956 AND AMENDMENT TO THE RESIDENTIAL DESIGN REGULATION RECORDED JUNE 15, 1994 IN
BOOK 642 AT PAGE 902.
13. UNDERGROUND RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION,
INC. IN INSTRUMENT RECORDED NOVEMBER 19, 1993 IN BOOK 625 AT PAGE 320.
Land Title Guarantee Company Representing Old Republic National Title Insurance Company
(Schedule B)
Order Number: V50051232 Policy No.: OX50051232.801465
14. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF SPRADDLE CREEK ESTATES, LOT 8 RECORDED OCTOBER 25, 2016 UNDER RECEPTION NO.
201617977.
15. MATTERS DISCLOSED ON IMPROVEMENT SURVEY PLAT ISSUED BY LELAND LECHNER CERTIFIED
JULY 30, 2018.
SAID DOCUMENT STORED AS OUR ESI 36023005.
16. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED AUGUST 31, 2018 AT
RECEPTION NO. 201814968.
ITEM NOS. 1 THROUGH 4 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED.
Land Title Guarantee Company Representing Old Republic National Title Insurance Company
(Schedule B)
Order Number: V50051232 Policy No.: OX50051232.801465