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HomeMy WebLinkAboutADM100001Tf1WNOFTA&L ADMINISTRATIVE ACTION FORM Department of Community Development 75 South Frontage Road Vail, CO 81657 tel: 970-479-2138 fax: 970-479-2452 web: www.vailgov.com Project Name: LANDMARK CONDOS Application Type: CondThPl ADM Number: ADM100001 Parcel: 2101-063-0700-1 Project Description: AMENDMENT TO CONDO PLAT (LANDMARK CONDOMINIUMS) Participants: OWNER MARY SULLIVAN JOSEPHS TRUST 02/05/2010 MICHELE H. 1308 E CAMPBELL ST ARLINGTON HEIGHTS IL 60004 APPLICANT STOVALL HUTCHISON, PC 02/05/2010 Phone: 970-949-4200 ANN HUTCHISON 175 MAIN ST, SUITE C-109 EDWARDS CO 81632 Project Address: 612 W LIONSHEAD CR VAIL LANDMARK CONDOS Location: Legal Description: Lot: 1 Block: 1 Subdivision: LANDMARK VAIL Comments: BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 03/10/2010 Meeting Date: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner: Bill Gibson DRB Fee Paid: $100.00 Application for Review by the Planning and Environmental Commission General Information: Condominium and townhouse plats which do not constitute "converslons" from rental-as. de- flned In Section 13-7-2, Definitions, Vail Town Code may be approved by the administrator, subject to review by other Town of Vail departments. Please see Section 13-6, Condominium and Townhouse Plats, Vail Town Code for more de- tailed Information. Vail Town Code can be found on the Town's website at www.vailgov.com. Fee: $100 Recording Fees: Please visit the Eagle County webslte htt : www.eaalecounty.us/clerk/nublicRecords-cfm for the most up-to-date recording fees and check with your planner prior to submitting the payment. A check written out to the Eagle County Clerk and Recorder is required to be submitted once the plat has been approved by the Planning and Environmental Commission and prior to the recording of the plat. Description of the Request: Approval of 2nd Amendment to Condominium Plat - Landmark-Vail Condominiums Physical Address: 610 West Lionshead Circle, Vail, CO 81657 Parcel Number: 210106307001 T 061 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: Alter Vail Ventures, LLC Mailing Address: 5500 Howard Street, Skokie, IL 60077 Owner's Signature: Phone: 847-568-5938 Primary Contact/ Owner Representative: Ann Hutchison, c/o Stovall Hutchison, PC Mailing Address: 175 Main Street, Suite C-109, Edwards, CO 81632 Phone: 970-949-4200 E-Mail: Ann @ VailValleyLaw.net Fax: 970-797-1875 For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Auth # Chte_ck#~ I =;U(,-~_ Fee Paid: Received From: s-f DVGt C'na - Meeting Date: PEC No.: PM Planner: Project No: Zoning: Land Use: Location of the Proposal: Lot:_Block: Subdivision: Condominium and Townhouse Plat TOWN OF VAIL, COLORADO Statement Statement Number: R100000089 Amount: $100.00 02/05/201009:28 AM Payment Method: Check Init: JLE Notation: 1306 STOVALL HUTCHISON Permit No: ADM100001 Type: Administrative Parcel No: 2101-063-0700-1 Site Address: 612 W LIONSHEAD CR VAIL Location: LANDMARK CONDOS Total Fees: $100.00 This Payment: $100.00 Total ALL Pmts: $100.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts PV 00100003112500 Administrative Fee 100.00 Feb 04 10 11:01a Linda Malaby 970-984-0700 p.2 T00 YXL JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER This form Is applicable to all Planning and Environmental Commission applicants that share ownership of the sub- ject property. For example, the subjedt property where construction is occurring is a dupk!y, condominium or multi-tenant building. This form shall be completed by the applicant's neighbor/ joint property owner. In the case of a multiple-family dwelling or mu}tl-tenant building, the authority of the association shall complete this form and mall to: Community Development Department, 75 South Frontage Road, Vail, CO 81657 or fax to t, (print name) Linda Malaby on behalf of a joint owner, or authority of the association, of property located at landmark Vail Condominiums , provide this letter as written approval of the plans dated which have been submitted to the Town of Vail Community Development Department for the proposed Improvements to be completed at the ad- dress noted above. I understand that the proposed Improvements Include: Expansion of project to include an additional 17 new residential condominium units and related Improvements, facilities and common elements. •"i_andmark Development Company, a Colorado General Partnership (Signature) (Dane) Additionally, please check the statement below which Is most applicable to you: &/,r understand than minor rna0kaffam may be made to the p&-Rs ovrcr the cm w of the mvtw process to en- scene ca oVance Wffi the Town s appkkable crudes and ragulalfons (7 mlal here) J7 I A*7MeSt that a1Y nx4fkatfcva;, m/nor or ohJ awl whfdr are made to the plans over the ['curse of the le- vlewPmcr„s~s, be bmug1ht to my afte WOW by the applicant for additrW mmoval befine undergohuj further re- vlew by the Town. An1tlal here) F:lcdevlFwmah?armU)NartningWECTEC_Condomin[um_and_7ownhoust~-ML010110 0 TOWWOAIL JO INT PROPERTY OWNER WRITTEN APPROVAL LETTER This form is applicable to all Planning and Environmental Commission applicants that share ownership of the sub- ject property. For example, the subject property where construction Is occurring Is a duplex, condominium or multi-tenant building. This form shall be completed by the applicant's neighbor/ joint property owner. In the case of a multiple-family dwelling or multi-tenant building, the authority of the association shall complete this form and mall to: Community Development Department, 75 South Frontage Road, Vail, CO 81657 or fax to 970.479.2452. I, (print name) Geoff Wright as Managing Agent for " , a joint owner, or authority of the association, of property located at Landmark-Vail Condominiums . provide this letter as written approval of the plans dated which have been submitted to the Town of Vail Community Development Department for the proposed Improvements to be completed at the ad- dress noted above, I understand that the proposed Improvements Include: Expansion of project to include an additional 17 new residential condominium units and related improvements, facilities and common elements. Association ~ _;)(O \b (Date) Additionally, please check the statement below which Is most applicable to you: E7 1 understand that minor modifications maybe made to the plans over the course of the revlew process to en- sure compliance with the Town s applicable codes and regulations (Initial here) ,VII request that all modifications, minor or otherwise, which are made to the plans over the course of the re- vlew process, be brought to my attention by the applicant for additional approval before undergoing further re- view by the Town, (In/Ma ere) F:lcdeAForms\PermllslPtanningtiPECIPEC Condominium and_Townhouse_Plat_010110 ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by stewart title guaranty company 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 hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: Authorized Came Stewart Title Vail Division 97 Main Street, Suite W-201 Edwards, Colorado 81632 Phone: 970-926-0230 Fax: 970-926-0235 ~stewart title guaranty company Senior Chairman of the Board IF r Chairman of the Board `A~ President Order Number: 921820 ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: December 3, 2009 at 8:00 A.M. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (b) A.L.T.A. Loan Order Number: 921820 Amount of Insurance 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 estate or interest in said land is at the effective date hereof vested in: 5. The land referred to in this Commitment is described as follows: LANDMARK-VAIL CONDOMINIUMS, According to the Condominium Map thereof, recorded November 1, 1974 in Book 237 at Page 177, and the Supplement thereto recorded March 11, 1975 in Book 238 at Page 918 as Reception No. 134951 and the Amended Condominium Plat recorded October 21, 2008 as Reception No. 200822617, and as defined in the Condominium Declaration for Landmark-Vail Condominiums, recorded July 17, 1973 in Book 230 at Page 129 as Reception No. 125992, as amended by Amendment to Declaration recorded September 17, 1973 in Book 231 at Page 111 as Reception No. 126978, as further amended by Second Amendment recorded February 8, 1974 in Book 233 at Page 335 as Reception No. 129229 and the Third Amendment recorded September 23, 1974 in Book 236 at Page 573 as Reception No. 132554 and Fourth Amendment to Declaration recorded September 13, 2006 as Reception No. 200625045 and Fifth Amendment to Declaration recorded October 21, 2008 as Reception No. 200822616. COUNTY OF EAGLE STATE OF COLORADO Statement of Charges: These charges are due and payable before a Policy can be issued: COMMITMENT FOR TITLE INSURANCE SCHEDULE B - Section 1 REQUIREMENTS Order Number: 921820 The following are the requirements to be complied with: 1. 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. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. None, this report has been prepared for informational purposes only. COMMITMENT FOR TITLE INSURANCE SCHEDULE B - Section 2 EXCEPTIONS Order Number: 921820 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Any and all Homeowners or Condominium assessments and expenses which may be assessed to the property. 11. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded May 24, 1906 in Book 48 at Page 503 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. 12. Reservations or exceptions in Patents, or in Acts authorizing the issuance thereof, including the reservation of a right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded August 15, 1935 in Book 93 at Page 278 and July 13, 1939 in Book 123 at Page 617. 13. Declaration of Covenants, Conditions, and Restrictions for Landmark-Vail Condominiums recorded July 17, 1973 in Book 230 at Page 129 as Reception No. 125992, Amendment to Declaration recorded September 17, 1973 in Book 231 at Page 111 as Reception No. 126978, Second Amendment to Declaration recorded February 8, 1974 in Book 233 at Page 335 as Reception No. 129229 and Third Amendment to Declaration recorded September 23, 1974 in Book 236 at Page 573 as Reception No. 132554 and Fourth Amendment to Declaration recorded September 13, 2006 as Reception No. 200625045 and Fifth Amendment to Declaration recorded October 21, 2008 as Reception No. 200822616. 14. All matters shown on the Condominium Map recorded November 1, 1974 in Book 237 at Page 177 and the Supplement thereto recorded March 11, 1975 in Book 238 at Page 918 as Reception No. 134951 and the Amended Condominium Plat recorded October 21, 2008 as Reception No. 200822617. 15. All matters shown on the plat of Vail/Lionshead Third Filing recorded October 15, 1971 in Book 221 at Page 992 as Reception No. 117682. 16. Protective Covenants for Vail/Lionshead, Third Filing recorded October 15, 1971 in Book 221 at Page 991 as Reception No. 117681. 17. Cable Television Easement and Maintenance Easement by and between Cablevision VI, Inc. d/b/a TCI Cablevision of the Rockies Inc. and Landmark - Vail Condominium Association, recorded June 8, 1994 in Book 642 at Page 337 as Reception No. 538384. 18. Statement of Election by Landmark-Vail Condominium Association, Inc. to Accept the Provisions of the Colorado Common Interest Ownership Act, Section 38-33.3-101 CRS ET SEQ., As Amended, recorded April 13, 2000 as Reception No. 727195. 19. Holy Cross Energy Underground Right-of-Way Easement recorded July 18, 2005 as Reception No. 923062. 20. Grant of Easement (Drainage) recorded November 21, 2005 as Reception No. 937612. 21. Grant of Easement (Surface Improvements) recorded November 21, 2005 as Reception No. 937613. 22. Grant of Easement recorded January 17, 2006 as Reception No. 200601187. 23. Trench, Conduit and Vault Agreement recorded July 6, 2007 as Reception No. 200718013. 24. Construction License Agreement recorded August 13, 2008 as Reception No. 200817112. 25. Declaration of Covenants, Conditions and Restrictions for the Expansion Property Landmark-Vail Condominiums recorded October 21, 2008 ass Reception No. 200822618. 26. Agreement for Construction Staging and Access recorded October 21, 2008 as Reception No. 200822621. 27. Consent and Agreement recorded October 21, 2008 as Reception No. 200822622. 28. Assignment and Transfer of Reserved Rights recorded October 21, 2008 as Reception No. 200822620. 29. Short Form Memorandum of Lease recorded November 10, 2008 as Reception No. 200824120. 30. Pool Deck Snow Removal Covenant recorded April 24, 2009 as Reception No. 200907532. 31. Any and all existing leases and tenancies. 32. A Deed of Trust dated February 6, 2007, executed by Landmark-Vail Condominiums Association, Inc., to the Public Trustee, to secure an indebtedness of $500,000.00 in favor of Alpine Bank recorded February 21, 2007 as Reception No. 200704539. Modification of Deed of Trust recorded February 19, 2008 as Reception No. 200803361. 33. A Deed of Trust dated October 17, 2008, executed by Alter Vail Ventures, L.L.C., to the Public Trustee, to secure an indebtedness of $28,000,000.00 in favor of The PrivateBank and Trust Company recorded October 21, 2008 as Reception No. 200822623. 34. A Deed of Trust dated October 15, 2008, executed by Alter Vail Ventures, LLC, to the Public Trustee, to secure an indebtedness of $2,500,000.00 in favor of Landmark-Vail Condominium Association, Inc. recorded October 21, 2008 as Reception No. 200822624. 35. A Deed of Trust dated July 31, 2009, executed by Landmark Commercial Development Company, a Colorado General Partnership, to the Public Trustee, to secure an indebtedness of $3,735,250.71 in favor of Alpine Bank recorded August 10, 2009 as Reception No. 200917506. 36. Assignment of Rents recorded August 10, 2009 as Reception Nos. 200917507, 200917508, 200917509, 200917510, 200917511, 200917512, 200917513, 200917514, 200917515, 200917516, 200917517 and 200917518. CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 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 Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to 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. sew rt a title guaranty company 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.