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Home My WebLink AboutDRB18-0604_Approved Documents_1546886258.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: Neporent Residence 2018 Application Number: DRB18-0604 Application Type: Addition Date Applied: 12/18/2018 Project Description: Exterior changes:A proposed new larger window will replace existing smaller window in the new master bath (master level north elevation.A proposed new lift & slide door will be added at the courtyard off kitchen. Proposing a new out- swing patio door off lower hall into courtyard.Proposing new lift & slide door & windows at kitchen(main level south elevation).Proposing a new window at the second level new guest bath#1(second level south elevation). Main level interior changes: Changes on this level will comprise a new larger chefs kitchen along with informal dining in place of existing kitchen & dining area.A proposed addition will be made by moving a hall wall into the existing courtyard space allowing for a new pantry area along with two storage closets on the main level.A new master suite will replace existing guest room over the existing garage. Upper level interior changes: An existing master suite on the upper level will be replaced by two guest rooms with baths. CONTACTS Contact Type: Applicant Full Name: Berglund Architects (Elisha Wegner) Address: 210 Edwards Village Blvd A103 Edwards, CO 81632 Phone: 9709264301 Contact Type: Property Owner Full Name: MARK A. NEPORENT 2009 QPR TRUST - ETAL Address: Phone: None Project Address: 184 BEAVER DAM RD (210107113057) (210107113057) Job Site Location: Legal Description: Subdivision: VAIL VILLAGE FILING 1 Lot: 24 Block: 7 Parcel Number: 210107113057 BOARDS/STAFF ACTION Motion By: Action: Staff Approved Second By: Vote: Date: 01/04/2019 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). Planner: Chris Neubecker #DIOWII, OF JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications affecting 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 forms must be submitted with the applicants completed application. l, (print name) 'P:----l).-{-l ,,-oo.e,Sfrt,r=l a joint owner, or authorig of the association, of property located at 194 Beaver Dam Rd, Vail, CO , provide this letter as written approval of the plans dated 0912112018 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: A 25 SF addition to the east wall of the courtyard. Revisinq the windows at the main level south elevation. Adding a window to the upper level bathroom. Increasing the size of the window at the Master Bathroom above the garage at the north elevation 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 in the applicant agreeing to this statement. 2,.4 5eereMBee- -ntB Signature D, -$..^sr-ss-I-or-.I Date \orr-,rT or+_p662- Print Name Title/Position #/ lM/e authori ze anyand allchanges submitted to the Town in reference to the above mentioned pCIect.(lnitials) l/VVe waive all rights to notification and review of submitted changes. lAffe do not authorize any changes submitted to the Town in reference to the above mentioned project. lAlVe wish to receive notifications and reviews of submifted changes.(lnitials) View your transaction progress 24/7 via SureClose. Ask us about your login today! Stewart Title - Edwards 97 Main Street, Ste W-201 Edwards, CO 81632 Date: June 11, 2012 File Number: 01330-7999- Amended No. C4 Buyer: Mark A. Neporent 2009 Qualified Personal Residence Trust, Dated December 14, 2009 and Lisa King Neporent 2009 Qualified Personal Residence Trust, Dated December 14, 2009 Seller: JB Interests, L.L.C., a Texas limited liability company Property: 184 Beaver Dam Road, Vail, CO 81657 Please direct all Closing inquiries to: Cindy Denney 97 Main St., In the Riverwalk at Edwards, #W-201 P.O. Box 503 Edwards, CO 81632 Phone: (970) 766-0232 Fax: (970) 926-0235 Email Address: cdenney@stewart.com Please direct all Title inquiries to: Linda Williams Phone: (970) 766-0234 Email Address: lwilliam3@stewart.com SELLER: JB Interests, L.L.C., a Texas limited liability company 500 President Clinton Avenue, Ste. 310 Little Rock, AR 72201 Delivery Method: Emailed BUYER: Mark A. Neporent 2009 Qualified Personal Residence Trust, Dated December 14, 2009 and Lisa King Neporent 2009 Qualified Personal Residence Trust, Dated December 14, 2009 11 Terrace Circle Armonk, NY 10504 Phone: (212) 891-2153 Email Address: mneporent@cerberuscapital.com Delivery Method: Emailed Listing Agent: Ascent Sotheby's International Realty 292 E. Meadow Drive, Suite 101 Vail, CO 81657 Attn: Craig Denton Phone: (970) 476-7944 Fax: Email Address: craig@ascentsir.com Additional Contact: Tye Stockton Phone: Fax: E-mail Address: tye@ascentsir.com Delivery Method: Emailed Selling Agent: Ron Byrne & Associates 285 Bridge Street Vail, CO 81657 Attn: Mike Spiers Phone: (970) 476-1987 Fax: (970) 476-6747 Email Address: mspiersy@msn.com Additional Contact: Phone: Fax: E-mail Address: Delivery Method: Emailed ATTORNEY: James Stovall 175 Main St, Ste. C-109 Edwards CO 81632 email: jim@vailvalleylaw.com We Appreciate Your Business and Look Forward to Serving You in the Future. ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY, a Texas Corporation (“Company”), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Stewart Title - Edwards 97 Main Street, Ste W-201 Edwards, CO 81632 (970) 926-0230 Copyright 2006-2009 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. File No.: 01330-7999 004-UN ALTA Commitment (6/17/06) Page 1 of 2 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.org/>. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 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. File No.: 01330-7999 004-UN ALTA Commitment (6/17/06) Page 2 of 2 COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-7999- Amended No. C4 1. Effective Date: May 25, 2012 at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's 2006 (Extended) $7,600,000.00 Proposed Insured: Mark A. Neporent 2009 Qualified Personal Residence Trust, Dated December 14, 2009 and Lisa King Neporent 2009 Qualified Personal Residence Trust, Dated December 14, 2009 (b) A.L.T.A. Mortgagee's Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: JB Interests, L.L.C., a Texas limited liability company 5. The land referred to in this Commitment is described as follows: Lot 24E VAIL VILLAGE, FIRST FILING A RESUBDIVISION OF LOT 24, BLOCK 7 according to the plat recorded December 14, 2011 as Reception No. 201123342 County of Eagle State of Colorado Purported Address: 184 Beaver Dam Road Vail, CO 81657 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued REISSUE RATE 2006 Owner's Policy: Owner's Extended Coverage: Tax Certificate: $5950.00 $50.00 $20.00 Copyright 2006-2009 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. File No. 01330-7999 CO STG ALTA Commitment Sch A STO Page 1 of 1 File No.: 01330-7999- Amended No. C4 The following are the requirements to be complied with: 1. 2. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment Evidence satisfactory to Stewart Title Guaranty Company that the real estate transfer tax assessed by the Town of Vail has been paid or that the transaction is exempt from said tax.(Insert and transfer or special taxes) Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. NOTE: If improvements have been made on, or in connection with, the subject property, please notify the Company's escrow officer within 10 days of receipt of this title commitment. Partial release of Mortgage by Metropolitan National Bank releasing subject property from the lien of the Mortgage from J.B. Interests, L.LC. in favor of Metropolitan National Bank securing $11,971,829.40, recorded January 6, 2012 as Reception No. 201200369. Modification of Deed of Trust recorded May 17, 2012 as Reception No. 201210218 Partial release by the Public Trustee releasing subject property from the lien of Deed of Trust from J.B. Interests, L.L.C. in favor of One Bank Trust securing $1,163,446.04, recorded January 6, 2012 as Reception No. 201200371. NOTE: Assignment of Rents and/or Leases recorded January 6, 2012 as Reception No. 201200370. Execution of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S., for J.B. Interests, L.L.C., a Texas limited liability company. Execution by Authorized Trustee of the Mark A. Neporent 2009 Qualified Personal Residence Trust, Dated December 14, 2009, of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Execution by Authorized Trustee of the Lisa King Neporent 2009 Qualified Personal Residence Trust, Dated December 14, 2009, of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I Copyright 2006-2009 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. File No. 01330-7999 CO STG ALTA Commitment Sch B I Page 1 of 2 on recording of deeds CRS 38-35-109 (2). COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I Copyright 2006-2009 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. File No. 01330-7999 CO STG ALTA Commitment Sch B I Page 2 of 2 File No.: 01330-7999- Amended No. C4 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. 2. 3. 4. 5. 6. 7. Rights or claims of parties in possession, not shown by the public records. Easements, or claims of easements, not shown by the public records. 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. 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. Water rights, claims or title to water. 8. 9. 10. 11. 12. 13. 14. 15. Any and all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded in Book 93 at Page 98 reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. Protective Covenants Of Vail Village, First Filing recorded August 10, 1962 in Book 174 at Page 179. All matters shown on the plat of Vail Village, First Filing recorded as Reception No. 96382. All matters as shown on the Improvement Location Certificate prepared by Eagle Valley Surveying, Inc., dated December 19, 2011, Job No. 3315. All matters shown on the plat of Vail Village, First Filing A Resubdivision of Lot 24, Block 7 recorded December 14, 2011 as Reception No. 201123342 . Party Wall and Duplex Declaration recorded December 14, 2011 as Reception No. 201123343 and Amendment thereto recorded June 8, 2012 as Reception No. 201211847. COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Copyright 2006-2009 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. File No. 01330-7999 CO STG ALTA Commitment Sch B II STO Page 1 of 1 DISCLOSURES File No.: 01330-7999 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. B. C. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER’S AUTHORIZED AGENT; 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: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) 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 conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” Provided that Stewart Title - Edwards conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner’s Title Policy and the Lender’s Title Policy when 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 Commitment from the Owner’s Policy to be issued) upon compliance with the following conditions: A. B. C. D. E. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic’s and Materialmen’s Liens. The Company must receive payment of the appropriate premium. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. b. 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 That such mineral estate may include the right to enter and use the property without the surface owner’s permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 01330-7999 CO Commitment Disclosure STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness.No We don't share For our affiliates to market to you Yes No For non-affiliates to market to you. Non-affiliates are companies not related by common ownership or control. They can be financial and non-financial companies.No We don't share We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] _____________________________________________________________________________________________________________________________________________________________ Sharing practices How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you y y request insurance-related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330-7999 Page 1 of 1