HomeMy WebLinkAboutPEC070078Planning and Environmental Commisson
ACTION FORM
Department of Community Development
TOM /fir 75 South Frontage Road, Vail, Colorado 81657
ur tel: 970.479.2139 fax: 970.479.2452
C04MAITYDEVELOPMENT web: www.vailgov.com
Project Name: CANON/VICKERS VARIANCE PEC Number: PEC070078
Project Description:
Participants:
FINAL APPROVAL FOR A VARIANCE REQUEST FOR AN ADDITIONAL 498 SQ FT OF SITE
COVERAGE TO ALLOW EACH OWNER TO CONSTRUCT 600 SQ FT 2 CAR GARAGE
OWNER VICKERS, KENNETH A. & REBECC 12/17/2007
PO BOX 3934
VAIL
CO 81658
APPLICANT JOHN M. PERKINS ARCHITECTS, 12/17/2007
PO BOX 2007
AVON
CO 81620
License: 0000002001
ARCHITECT JOHN M. PERKINS ARCHITECTS, 12/17/2007
PO BOX 2007
AVON
CO 81620
License: 0000002001
Phone: 949-9322
Phone: 949-9322
Project Address: 3140 BOOTH FALLS CT VAIL Location: 3140 BOOTH FALLS COURT
Legal Description: Lot: 5 Block: 2 Subdivision: VAIL VILLAGE FILING 12
Parcel Number: 2101-023-0103-5
Comments:
BOARD/STAFF ACTION
Motion By: Kjesbo
Second By: Kurtz
Vote: 5-1-0 (Viele opposed)
Conditions:
Action: APPROVED
Date of Approval: 01/14/2008
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).
Cond: 300
(PLAN): PEC approval shall not be not become valid for 20 days following the date of
approval.
Cond: CON0010236
1. This approval shall be contingent upon the applicants obtaining Town of Vail
approval of a design review application for the detached garage.
2. Any outdoor parking shall be outside of Vail Town Right-of-Way and in compliance
with Vail Town Code.
3. The applicants shall submit, as part of the design review application, a
landscape plan including proposed screening of the outdoor parking spaces.
4. The applicants shall move any existing outdoor storage of trash, equipment or
inoperable vehicles into the enclosed garage as soon as a Certificate of Occupancy
is obtained.
5. The applicant shall sign an affidavit, approved by the Town Attorney and recorded
with the Eagle County Clerk and Recorder, stating that no rental of the existing or
proposed floor area shall take place, before a Certificate of Occupancy is
obtained.
Planner: Nicole Peterson PEC Fee Paid: $500.00
PLANNING DATA SHEET
Property Address/ PID
3140 A & B Booth Falls Court
Legal Description
Lot 5, Block 2 Vail Village 12` Filing (Parcels A, B & C)
Lot Area
17,055 sf
Date
12/ 18/ 07 - PEC O1/ 14/ 07
Planner
Nicole Peterson
Project Description
Variance of site coverage to allow 4 car garage
Land Use Applications
Variance - DRB
Owner Contact Info
John Canon 970.376.7601 and Becky & Ken Vickers 970.471.3201
Architect Contact Info
John Perkins, AIA 970.949.9322
Zoning
Two-Family Residential (R)
Hazard Districts
High-Severity Rockfall
Comp Plan/ Land Use
Low Density Residential
Use Classification
Two-family dwelling
Proposed Use P/C 11)
P - with approved separation request
Accessory Uses P/ C/ NP
Existing trash storage on Parcel B
Development Impact Fees /
Employee Housing
NA
Mitigation
Traffic Impact
NA
Art In Public Places
NA
Environmental Impacts/ Hazards
Wood Shakes
Slope: 30% - Sec. 12.21.14 Slopes of up to ---71% exist. Section 12.21.14 applies (30%)
40% - Def. Buildable Area Buildable area (40%) does not apply to R district.
Finished Grades 2:1 Routed to PW - received comments and emailed to app 12/31/07
Routed to Fire - received approval
Utilities Off Booth Falls Court
Sidewalks/ bike paths None
GRFA (Gross Residential Floor Area) Square Feet
Total Allowed 6767 Existing 3804 Proposed 5245 Remaining 1522
General
Front
20
Proposed
20
Setbacks (perimeter)
Side
15
Proposed
Bldg 15', Stairs
encroach 4' - ok
Rear
15
Proposed
NA
Minimum Lot Area/ Width
Required
15,000
Proposed
17,055
Max Building Height Allowed 30' slope Proposed 30
. n ,a Prnnnged
DUnulll 1V1QlGl 1A1J
Landscaping
---.I
Minimum %
Landscape
60%
-
Proposed
61%
Screening
Required
Proposed
Retaining Wall Heights
Allowed
Proposed
Traffic Access
Existing
None
Proposed
Driveway - ok
Driveway Sloe
Allowed
Proposed
Parking
Stalls Required
1.4 per dwelling
= 4
Proposed
4 enclosed, 4 on
driveway = 8
Min Drive Width
48'
Proposed
31'
Lighting
05/24/08 00:30 FAX
12/14/2007 11:51 9799490529
JW ARGMITECTS
Variance Application for Review by the
Planning end Environmental Commission
~f~1~ Department of Cor wnunity Devaloprnw*
1V11A f 75 South Frontage Road, Val, Colorado 81657
tel: 970.479.2128 Fax: 970.479,24!;2
web: www.valgow.com
02
PAGE 02/
Cana rol Intormart hm.-
All prey requblrrg Planning and Environmental Commission rcwiew must receive approval prior to subnw" a
building Dement application. Please refer to ttre submittal roqulremenb for the oorUculer approval that is rogrred w.
An appketlon ~ Pbrin" and Swironmental Commission review cannot be accepted until all required Information received by munity Development Department. The project may afro need to be reviewed by the Torn
Council and/or the Design Review Soar d.
Type of Applicatlion and Few
O
Rezoning
$1300
p
Major subd w km
$1500
O
MftrSubdtvWm
$650
M
Exernom Plat
$650
Q
Mawr Amendment to an SDD
$1000
0
New Spacial Development Didb rt
;0000
0
Major Amendment to an SOD
$WM
❑
Major Amendment to an SDD
#1250
(rro sxier)brr M00":ov")
fife Raptsast:
❑
Conditional use PoYM
X50
❑
Fkmdplain Modmc9tion
SgOp
❑
Minor EXerior Akeration
$630
❑
Major Exterior Alteration
X00
❑
Development Plan
$ISM
❑
Amef ment to a Development plan
;250
p -
Zoning Code Amendment
Z
;1300
Varla
e
$SOO
0
54m variance
$20p
1.OCothm of no Proposal:
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Mblrskal Address: -JJ 0_ 1007W r~ p ~r R lL. C.~D
Pared No.: C~ f - 30 / D 35
(Contact Eagle i"o. Assessor at 970-328-86,0 for parcel no.)
Zanmg: L 15
tam 5) or +(a): d H~ 0 (3-76 • ~(~l i Gi,~ AAI i~KF,es
Mailing Address: `-3140 16. Alofo 5 dl 0, do x ~ ✓R /L ~D ~/~3~
L iA S ~'=y ~ 1
Owner(s) signstur+a( ,~o~o/ )
Name of Applkarit: • 0- • E n SAN
"M" Addraaa: 0• 60 'zoo v0~1 l' ~(Q zo Tr
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Mrona:
11-reap Address: ~J k I 2 _Fax 9 p. DEC 17 2007
twe~s4- For office fist OW. i TOWN ®FVAIL-
Fee ftld: : cfr.cls .
~etMlg.Date: ~PC-E No.:
Pl~fimer; PrrtJrad No : -
F: ORMStvernaap*V*q PEar.rwna,\\o-,e-M doe Pane, are .
ZiS~ ~ ~ (ZJ d c~~,►ti. Cc~~~ Iq NOW
December 24,2007
Mr. Bill Gibson
Planner
Community Development
Town of Vail
75 South Frontage rd
Vail, Co 81657
RE: ADDITIONAL LIVING SPACE
Kenny and Becki Vickers
PO box 3934
3140 Booth Falls Crt
Vail, Co 81657
970-476-1973
CANONNICKERS DUPLEX
LOT 5, BLOCK 2, SUBDIVISION: VAIL VILLAGE 12TH FILING
3140 BOOTH FALLS CRT, VAIL COLORADO
Dear Mr. Gibson,
We understand that our lot does not allow for separate dwellings. We intend on
using the additional space for our growing family. We have no intension of using it as a
rental income. This would be a great addition to humble home. Thank you for your
consideration.
Sincerely,
I
Kenny an ki Vickers
John M. Perkins, AIA
0047 E. Beaver Creek Blvd.
Christie Lodge Resort, Suite C-16
December 14, 2007 P.O. Box 2007
Avon, Colorado 81620
970.949.9322
fax 970.949.0629
STATEMENT OF VARIANCE REQUEST
RE: VARIANCE APPLICATION FOR REVIEW BY THE
PLANNING AND ENVIRONMENTAL COMMISSION
CANONNICKERS DUPLEX
LOT 5, BLOCK 2, SUBDIVISION: VAIL VILLAGE 12TH FILING
3140 BOOTH FALLS COURT, VAIL, COLORADO
a. This variance allows the residents of Lot 5 to enjoy the use of a two car
garage with two exterior parking spaces in front of the garage doors as is
the norm for all other residential structures in the vicinity.
b. The steepness of the remaining site area (over 40%), the southerly
location of the duplex structure and the arbitrary geometrical footprint
(double octagon configuration) and the lack of garages justify relief from
the strict and literal interpretation of ordinance 12-6C-9 (site coverage)
allowing the construction of garages that achieve compatibility and
uniformity of treatment among sites in the vicinity without grant of special
privilege.
C. This variance request has little if any effect on light and air, distribution of
population or traffic facilities. It does have a positive effect on flow of
traffic through a cul-de-sac which results in a positive effect on public
safety.
d. This variance complies with adopted Town of Vail planning policies and
development objectives in that it removes parked cars from the public right
of way on Booth Falls Court.
John M. Perkins, AIA
December 14, 2007
Mr. Bill Gibson
Planner
Community Development
Town of Vail
75 South Frontage Road
Vail, CO 81657
RE: VARIANCE APPLICATION FOR REVIEW BY THE
PLANNING AND ENVIRONMENTAL COMMISSION
CANONIVICKERS DUPLEX
LOT 5, BLOCK 2, SUBDIVISION: VAIL VILLAGE 12TH FILING
3140 BOOTH FALLS COURT, VAIL, COLORADO
Dear Mr. Gibson,
0047 E. Beaver Creek Blvd.
Christie Lodge Resort, Suite C-16
P.O. Box 2007
Avon, Colorado 81620
970.949.9322
fax 970.949.0629
The Variance request is for an additional 498 square feet of site coverage
(TOV Ordinance 12-6C-9 - Site Coverage - 20% of lot area) to allow both duplex
partners to construct a 600 square feet two car garage in a single detached structure.
(TOV DRB separation approval granted on 12/06/2007.)
The original construction completed in the early 1970's and remodeled in 1992 did not
include garages. Current parking is on the Booth Falls Court cul-de-sac located at least
partially in the Town of Vail right of way.
Granting of the requested variance will mitigate this parking issue and afford at least 8
parking spaces out of the Town of Vail right of way. The variance will allow the
applicants to have garages of similar sizes as specified in town ordinances for garages
as enjoyed by most, if not all neighbors in the area.
Access to the existing units will be improved on a very steep site with the new partially
covered and building code compliant stairway system.
Please do not hesitate to contact me at 949-9322 regarding this variance request if there
are further question concerns.
jerkins, AIA
TOWN OF VAIL, COLORADO
Statement
Statement Number:
R070002723 Amount: $500.00 12/17/200701:46
PM
Payment Method:
Check Init: JS
Notation:
2125/JOHN
CANON
Permit No:
PEC070078 Type: PEC - Variance
Parcel No:
2101-023-0103-5
Site Address:
3140 BOOTH FALLS CT VAIL
Location:
3140 BOOTH FALLS COURT
Total Fees:
$500.00
This Payment:
$500.00 Total ALL Pmts:
$500.00
Balance:
$0.00
ACCOUNT ITEM LIST:
Account Code
Description Current Pmts
PV 00100003112500
PEC APPLICATION FEES
500.00
05/24/08 00:30 FAX 03
12/14/2097 11:51 9799490629 imr, Pm-;Hl IL(;I meat o_vio
7moox
JOINT PROPERTY OWNER
WRITTEN APPROVAL LETTER
Y, (print name )Ke 1✓1w- ~(;~JS , a point owner of
propery located at
this letter as written approval of ttre grans dated
submrtt:ed to the Town of Vail C,ommwvty
wNch have been
Deparbmtt for the proposal improvements to
be completed at the address notld above. I understand that the proposed improvements indude:
E,edle ~F 1AJ6
ar~ isi
1
Addltlomally, Please Check thG statement below which In moist applicable to you:
O f end tfwt rW wr moo Wcvm s may be Made to the pd ww over are auu-e of are mMew
PVss to east re cwp,7ence wlCh me 7cm t curies and refit eraaa N.
tVeal I# mom% aoM, m kw Or 00*rWSC, wt*1 a,e made to Oe grans ovtr the www of
the nwA?wprocea, be brought to my attention by ars app/KSnt for ed Oaw/ approve/ beh7re
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TOWN OF JOINT PROPERTY OWNER
WRITTEN APPROVAL LETTER
I, (print name) C~t7laAJ \ IJOIJ a joint owner of property located at
.3111v ~~ODi~f ~i~GGS ~i ✓A-l~
this letter as written approval of the plans dated
provide
which have been
submitted to the Town of Vail Community Development Department for the proposed improvements to
be completed at the address noted above. I understand that the proposed improvements include:
C~o~l ,eu ~ 7 ~o,J 6~ ~~E~trc~EJ ~,eJ 9ALC 6e
IAT'9 D
ESC VIVird .
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Additionally, please check the statement below which is most applicable to you:
O I understand that minor 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.
/Initial here/
O I request that all modifications, minor or otherwise, which are made to the plans over the course of
the review process, be brought to my attention by the applicant for additional approval before
unde oing further review by the Town.
rrrlialhere~
joinlproperly owner /eller revised /0/18/1006~r
F:\cdev\FORMS\Permits\Planning\PEC\variance10-18-2006.doc Page 2 of 6 1/4/06
Jan 08 08 07:19p Kathleen V. Scott 303 329 6050 p.2
To: Town of Vail PEC
Ref: Cannon/Vickers proposed garage variances
The undersigned;who are representative of the Booth Falls Court neighborhood wish to
encourage the continued improvement of their neighborhood. With this in mind we
support in general terms the building of a garage on the Cannon Vickers property.
Although the building of this proposed structure is somewhat oversized for the lot in
question and will serve to contribute to the increasing density of the neighborhood, the
potential for removing the cumbersome and unsightly parking situation in front of the
property goes part way in alleviating our concerns about this new building.
As the commission may know or may have been informed by the town planner there are
currently four parking spaces assigned to the lot. There are often more than four cars
parked in the generally vicinity, many of them illegally on the street. Additionally, Mr.
Vickers has lately taken to parking a back-hoe/tractor on the property. There are many
days where the current property looks like a heavy equipment rental lot.
If the PEC decides to approve the variances requested by Cannon/Vickers, it is the hope
of the neighborhood that the variances approved will be contingent on having no
equipment parked outside of the new structure. Hopefully such contingencies will be
recorded into the proceeding and made part of the approval. As such they would be
enforceable by town of Vail.
There are other issues including building over utility easements and the lack of planning
for snow removal in front of the proposed garage. Perhaps these can be discussed at the
meeting or at a subsequent DRB.
Signed,
Alan and Kate Scott: 3150 Booth Falls Court (Lot 4)
Ken and Robin Guerry: 3130 B Booth Falls Court (Lot 6B)
George and Lizette Lamb 3130 A Booth Falls Court (Lot 6A)
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 14, 2008
SUBJECT: A request for a final review of variance from Section 12-6C-9, Site Coverage, Vail
Town Code, pursuant to Chapter 12-17, Variances, to allow for additional site
coverage to facilitate construction of a detached garage structure, located at
3140 A and B Booth Falls Court/Lot 5, Block 2, Vail Village 12th Filing, and setting
forth details in regard thereto. (PEC07-0078)
Applicant: John Canon and Becky & Ken Vickers, represented by John
Perkins, AIA
Planner: Nicole Peterson
1. SUMMARY
The applicants, John Canon and Becky & Ken Vickers, represented by John Perkins,
AIA, are requesting a variance from Section 12-6C-9, Site Coverage, Vail Town Code,
pursuant to Chapter 12-17, Variances, to allow for additional site coverage to facilitate
construction of a detached garage structure, located at 3140 A and B Booth Falls
Court/Lot 5, Block 2, Vail Village 12th Filing.
Based upon Staff's review of the criteria
evidence and testimony presented,
recommends approval, with conditions
noted in Section VII of this memorandum.
in Section VII of this memorandum and the
the Community Development Department
stated in section VIII, subject to the findings
II. DESCRIPTION OF REQUEST
On December 5, 2007, the Design Review Board approved a separation request to allow
a detached garage structure on the subject site (Vote 4-0-0). The Design Review Board
will review the proposed detached garage if the variance request is approved and Staff
has added a condition of approval, stated in Section Vlll to that affect. The proposed
detached garage design requires a variance to site coverage from the allowed 20% to
23% (Additional 523 square feet of site coverage).
Currently, the owners are parking in Town Right-of-Way, which violates Vail Town Code.
The proposed detached garage includes 4 enclosed parking spaces (2 per dwelling unit)
and is designed to step into the steep hillside adjacent to Booth Falls Court.
The proposed driveway off Booth Falls Court is designed to accommodate another 4
outdoor parking spaces, which affords each homeowner a total of 4 off-street parking
spaces. There has been concern from the neighbors regarding screening of the
proposed outdoor parking spaces. Staff has included a condition of approval, stated in
Section VIII, that requires a landscape plan including proposed screening of outdoor
parking.
The proposed garage is designed to comply with all other zoning requirements. No
changes to the existing duplex structure are proposed at this time. However, Staff has
included a condition of approval, stated in Section VIII, that requires any existing outdoor
storage of trash, equipment or inoperable vehicles shall be moved into the enclosed
garage as soon as construction is compete.
The proposal is in compliance with all other zoning regulations including GRFA. The
GRFA proposed under the garage will function as family rooms and office space. The
area shall not be used as separate dwelling units as defined by Vail Town Code. Staff
has included a condition of approval, stated in Section VIII, to prevent these spaces from
being used as separate dwelling units. A vicinity map (Attachment A), the applicant's
request (Attachment B), proposed architectural plans (Attachment C) and photos
(Attachment D) are attached for reference.
III. BACKGROUND
The existing duplex was constructed in 1979. The following design review applications
have been approved on site:
1. September 20, 1995 - Separation request for detached garage - not completed
2. June 6, 1992 - Interior remodel
3. May 12, 2005 - Entry enclosure
4. September 3, 2005 - Deck replacement and addition
5. August 31, 1005 - Repaint, stucco and shutters
6. December 5, 2007 - Separation request for detached garage
IV. APPLICABLE PLANNING DOCUMENTS
TITLE 12: ZONING REGULATIONS
12-2-2: Definitions of words and terms:
SITE COVERAGE: The ratio of the total building area of a site to the total area of a site,
expressed as a percentage. For the purposes of calculating site coverage, "building area
of a site" shall mean that portion of a site occupied by any building, carport, porte-
cochere, arcade, and covered or roofed walkway constructed at, below, or above grade
as measured from the exterior face of the sheathing of the perimeter walls or supporting
columns.
For the purposes of this definition, a balcony or deck projecting from a higher elevation
may extend over a lower balcony, deck or walkway, and in such case the higher balcony
or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway.
In addition to the above, building area shall also include any portion of a roof overhang,
eaves, or covered stair, covered deck, covered porch, covered terrace or covered patio
that extends more than four feet (4) from the exterior face of the perimeter building walls
or supporting columns.
Section 12-6C-1: Two-family Residential (R) District Purpose
The two-family residential district is intended to provide sites for low density single-family
or two-family residential uses, together with such public facilities as may be appropriately
located in the same district. The two-family district is intended to provide adequate light,
air, privacy and open space for each dwelling, commensurate with single-family and two-
family occupancy, and to maintain the desirable residential qualities of such sites by
establishing appropriate site development standards.
2
12-6C-9: Two-family Residential (R) District Site Coverage
Site coverage shall not exceed twenty percent (2091o) of the total site area. (Ord.
41(1990) § 4: Ord. 19(1976) § 4: Ord. 8(1973) § 3.507)
V.
VI
Chapter 12-17: Variances (in part)
12-17-1: Purpose:
A. Reasons for Seeking Variance: In order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of this
title as would result from strict or literal interpretation and enforcement, variances from
certain regulations may be granted. A practical difficulty or unnecessary physical
hardship may result from the size, shape, or dimensions of a site or the location of
existing structures thereon; from topographic or physical conditions on the site or in the
immediate vicinity; or from other physical limitations, street locations or conditions in the
immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance
with a regulation shall not be a reason for granting a variance.
SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Designation:
Current Land Use:
Lot Size:
Environmental Hazards
Standard
Setbacks (min):
Front:
East Side
West Side
Rear:
Density (max):
GRFA (max):
Site coverage (max):
Landscape Area (min):
Height (max):
Parking (min):
ZONING AND LAND USE
Zonin :
Subject Property
Surrounding:
3140 A and B Booth Falls Court
Lot 5, Block 2, Vail Village 12th Filing
Two-Family Residential (R) District
Low Density Residential
Existing Duplex
17,055 square feet
High-Severity Rockfall
Allowed/Required Existing
Proposed
20 ft.
Main house 70 ft.
Garage 20 ft.
15 ft.
Main house 34 ft.
Garage 15 ft.
15 ft.
Main house 28 ft.
Garage 15 ft.
15 ft.
Main house 20 ft.
no change
2 dwelling units 2 dwelling units
6767 sq. ft.
3,411 sq. ft. (20%)
10,233 sq. ft.(60%)
3,804 sq. ft.
2,709 sq. ft. (15.8%)
13,469 sq. ft. (79%)
30 ft. slope/ 33 ft. flat Main house 25 ft.
2.8 (1.4 per unit) 0
Two-Family Residential (R) District
West - Two-Family Residential (R) District
no change
5,245 sq. ft.
3,934 sq. ft. (23%)
10,365 sq. ft. (61%)
Garage 30 ft.
8 Total (4 enclosed)
3
East - Two-Family Residential (R) District
North - Two-Family Residential (R) District
South - General Use (GU) District
Land Use Designation:
Subject Property: Low Density Residential
(Canon-Vickers Duplex)
Surrounding: West - Low Density Residential
(Existing residence)
East - Low Density Residential
(Existing residence)
North - Low Density Residential
(Booth Falls Court and existing residences)
South - Public/Semi-Public
(Vail Mountain School)
VII. CRITERIA AND FINDINGS
Variance criteria and findings are established by Section 12-17-6, Vail Town Code,
stated below. Staff has responded to each criteria and finding regarding the proposed
variance to site coverage to allow a detached garage addition located at 3140 A and B
Booth Falls Court.
12-17-6: CRITERIA AND FINDINGS:
A. Factors Enumerated: Before acting on a variance application, the planning and
environmental commission shall consider the following factors with respect to the
requested variance:
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
This site is impacted by unique constraints that do not apply generally within the
Two-Family Residential District. A steep slope of up to 71% exists on the north
side of the site, which hinders the development options for adding enclosed
parking. The steep slope, existing placement of the duplex on the south end of
the site and the unique octagon shape of the existing duplex where key factors in
the Design Review Board's approval of the separation request.
The proposal complies with all other zoning regulations including setbacks,
height and landscape area. Site coverage is unique in that it is calculated by
dividing the total building area on site by the lot area. Most people would not
recognize a deviance from site coverage by looking at a property. The lot area of
the subject site is smaller than other lots in the neighborhood. Therefore less site
coverage is afforded to the subject property compared to some sites in the
vicinity.
Staff does not believe approval of this variance request will have a significant
negative affect on the existing or potential uses and structures in the vicinity, in
comparison to existing conditions.
4
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility
and uniformity of treatment among sites in the vicinity, or to attain the
objectives of this title without grant of special privilege.
Staff believes that relief from the strict and literal interpretation and enforcement
of the site coverage regulations will grant the applicant the relief necessary to
achieve the Town's development goal of enclosing parking. On numerous
occasions, the Planning and Environmental Commission and the Vail Town
Council have determined that variances may be approved to achieve the Town's
development goal of enclosing parking. Therefore, Staff does not believe the
approval of this request would be a grant of special privilege.
Staff believes a four-car garage is the most practical option for the applicant to
provide the necessary parking for two dwelling units. Other properties in the
neighborhood have 4-car garages including the two adjacent neighbors. The
four-car garage allows each dwelling unit, 2 enclosed parking spaces. If the
building footprint was reduced by 523 square feet, to come into compliance with
site coverage, then the total garage area would be reduced to 677 square feet
from the proposed 1,200 square feet. A 677 square foot garage would
accommodate only 3 enclosed parking spaces (estimating 200 square feet per
parking space). The uneven amount of spaces would lead to unfair
accommodations for one of the homeowners.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities,
and public safety.
Staff believes the traffic conditions will improve by providing 4 enclosed and 4
outdoor parking spaces outside the public right-of-way. Currently, the applicants
park entirely within the public right-of-way. The proposed garage and parking
spaces will provide off-street parking, which will improve the traffic flow on Booth
Falls Court. Staff does not believe the requested site coverage variance will
have a negative effect on light and air, distribution of population, transportation
and traffic utilities, public facilities and utilities, or public safety in comparison to
existing conditions.
4. Such other factors and criteria as the commission deems applicable to
the proposed variance.
B. Necessary Findings: The Planning and Environmental Commission shall make
the following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in
the same zone district.
2. That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
b. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to
other properties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same zone district.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval, with conditions, of
a variance from Section 12-6C-9, Site Coverage, Vail Town Code, pursuant to Chapter
12-17, Variances, to allow for additional site coverage to facilitate construction of a
detached garage structure, located at 3140 A and B Booth Falls Court/Lot 5, Block 2,
Vail Village 12th Filing, and setting forth details in regard thereto. This recommendation
is based upon the review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission pass
the following motion:
"The Planning and Environmental Commission approves the applicant's request
for a variance from Section 12-6C-9, Site Coverage, Vail Town Code, pursuant to
Chapter 12-17, Variances, to allow for additional site coverage to facilitate
construction of a detached garage structure, located at 3140 A and B Booth Falls
Courf/Lot 5, Block 2, Vail Village 12t`' Filing, and setting forth details in regard
thereto, subject to the following conditions:
1. This approval shall be contingent upon the applicants obtaining Town
of Vail approval of a design review application for the detached garage.
2. Any outdoor parking shall be outside of Vail Town Right-of-Way and in
compliance with Vail Town Code.
3. The applicants shall submit, as part of the design review application, a
landscape plan including proposed screening of the outdoor parking
spaces.
4. The applicants shall move any existing outdoor storage of trash,
equipment or inoperable vehicles into the enclosed garage as soon as
a Certificate of Occupancy is obtained.
5. The applicant shall sign an affidavit, approved by the Town Attorney
and recorded with Eagle County Clerk and Recorder, stating that no
rental of the existing or proposed floor area shall take place, before a
Certificate of Occupancy is obtained.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission makes
the following findings:
"The Planning and Environmental Commission finds:
1. The granting of this variance will not constitute a granting of special privilege
6
inconsistent with the limitations on other properties classified in the Two-Family
District, based upon the review outlined in Section Vll of the Staff's January 14,
2008 memorandum to the Planning and Environmental Commission.
2. The granting of this variance will not be detrimental to the public health, safety,
or welfare, or materially injurious to properties or improvements in the vicinity,
based upon the review outlined in Section Vll of the Staff's January 14, 2008,
memorandum to the Planning and Environmental Commission.
3. This variance is warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town
Code, based upon the review outlined in Section VII of the Staff's January 14,
2008, memorandum to the Planning and Environmental Commission.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to other
properties in the same district, based upon the review outlined in Section VII
of the Staffs January 14, 2008, memorandum to the Planning and
Environmental Commission.
c. The strict interpretation or enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties
in the same district, based upon the review outlined in Section Vll of the
Staffs January 14, 2008, memorandum to the Planning and Environmental
Commission. "
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
C. Architectural Plans
D. Photos
E. Public Hearing Notice
7
Attachment A - Vicinity Map
John k Pveklns, AIA
December 14, 2007
Mr, Bill Gibson
Planner
Community Development
Town of Vail
75 South Frontage Road
Mail' CO 81657
RE: VARIANCE APPLICATION FOR REVIEW BY THE
PLANNING AND ENVIRONMENTAL COMMISSION
CANONNICKERS DUPLEX
LOT 5, BLOCK 2, SUBDIVISION: VAIL VILLAGE '1Z'H FILING
3140 BOOTH FALLS COURT, VAIL, COLORADO
Dear Mr. Gibson,
t E. lleavv Creek K,4
: =ester ltt sa-c, 5s C-16
P.O. 6,4 2"u7
.&-Mn, cLM& 814^40
970 94 .92'22
6.37C.9,49.Cd29
The Varian request Is for an additional 498 square feet of site coverage
OV Ordinance 12-6C-9 - Site Coverage - 20% of lot area) to allow bath duplex
partners to construct a 600 square feet two car garage in a single detached structure.
{TOV DRB separation approval granted on 17JO612007.)
The original construction completed in a early 1976's and remodeled in 1992 did not
include garages. Current parking i on the Booth Falls Court curl-de-sac located at least
partially the Town of Vail right of way,
Granting of the requested variance will mitigate this parking issue and afford at least 8
parking spares out of the `town o Vail right of way. The variance will allow the
applicants to have garages of similar sizes as specified in town ordinai e$ for garages
as enjoyed by most, if not all neighbom In the area.
Access to the existing units will be improved on a very steep site v 4th the new partially
covered and building code compliant stairway system,
Please do not hesitate to contact me at 949-9322 regarding this varianc* request if there
are further questiortsgconoerns..
'erkins, AIA
A I^
fir it
ll 11-
Attachment B - Applicant's Request
John k Perkins, AIA
7 E_ Zw**t C mk EDW.
Dumber 14, 2007 M Ebv 2W7 , ^t
Ate, C -Jwcdo 01620
970.9A9,9%77
fax 1170,9A9,0629
STATEMENT OF VARIANCE REQUEST
RE. VARIANCE APPLICATION FOR REVIEW BY THE
PLANNING AND ENVIRONMENTAL COMMISSION
CANONNICKERS DUPLEX
LOT , BLOCK 2, SUBDIVISION: VAIL VILLAGE 12T" FILING
3140 BOOTH FALLS COURT, VAIL, COLORADO
a. This variance alkm the residents of Lot 5 to enjoy the use of a t°a, car
garage with two exterior parking spaces in front of the garage doors as i
the norm for all other residential structures in the vicinity.
C. This variance request has little if any effect can light and air, distribution of
population or traffic facilities. It does have positive effect on fv of
traffic through a cul-de-sac which results in a positive affect on public
safety.
, This variance complies with adopted Town of flail planning polio and
development objectives in that it removes parked cars from the public right
of way on Booth Falb Court.
10
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CANON / VICKERS DUPLEX
3140 BOOTH FALLS COURT
VAIL, COLORADO, 81651
OWNER
JOHN CANON
KEN AND BECKY VICKERS
3140 BOOTH FALLS COURT
VAIL, COLORADO, 8165-7
JMP ARCHITECTS, I NG
0041 E. Beaver Greek Blvd.
Ghrlstle Lodge Resort Suite G-16
P.O. Box 2001
Avon, Colorado 01620
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CANON / VI6KER5 DUPLEX JOHN CANON
3140 BOOTH FALLS COURT KEN AND BECKY VIGKER5
VAIL, COLORADO, 8165-7 3140 BOOTH FALL5 COURT
VAIL, COLORADO, 81651
JMP ARGH I T=-GTS, I NG
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CANON / VICKER5 DUPLEX JOHN CANON 0041 E. Beaver Greek Blvd.
3140 BOOTH FALLS COURT KEN AND BECKY VIGKER5 Ghrlstle Lodge Resort Suite G-Ib
VAIL, COLORADO, 81651 3140 BOOTH FALL5 COURT P.O. Box zoos
VAIL, COLORADO, 81651 Avon, Colorado 81620
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CANON / VI6KER5 DUPLEX
5140 BOOTH FALLS COURT
VAIL, COLORADO, 8165-7
GINNER
JOHN CANON
KEN AND BECKY VICKERS
3140 BOOTH FALLS COURT
VAIL, COLORADO, 81651
JMP ARCH I TEGTS, I NG
0041 E. Beaver Greek Blvd.
Christle Lodge Resort 5ulte G-16
P.O. Box 2001
Avon, Colorado 81620
910.949.9322 Fax 9'10.949.0629
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Attachment D - Photos
Subject Property from
Booth Falls Court
(Existing parking in
right-of-way)
Subject Property from
a, r.fM bt a- 3 a,•p d'
Booth Falls Court
s~
(Existing duplex) 3 ~ ~
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13
Attachment E - Public Hearing Notice
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Winning and Environmental Commission of the
Town of Mail will held a public tiring in accordance with section 12-3-6, Vail Town
Code, on January 14, 2008, at 1:00 m In the Tcy n of Vail Municipal Building, In
consideration of:
A request for a final recommendation to the VON Town Council. to allow for Special
Business Promotion Permits, and setting forth details in regard thereto, PEC07-0073)
Town of Vail
A request for a finial recommendation to the Vail Town Council, pursuant to Section 12-3-
7, Amendment, Vail Town Vie, for a prescribed regulations amendment to Chapters
12-23„ m orcial Linkage and 2.24, indusionary Zoning. Vail Town Council, to
establish standards and criteria related to mitigating employee housing requirements,
and setti forth detaft In regard thereto. (IEC07-0075)
Applicant: Torn of Vail
Planner: Nina Timm and bill Gibson
request for a final review of variances from Section 12-7H-1€I, Setbacks, and Semen
12-7H»14, Site Coverage, Vag Town Code, pursuant to Chapter 12-17, Variances, to
allow for a stair and an underground parking garage vehicle ramp within Me setbacks
and deviations from the maarimurn site coverage requirements, located at 610 West
I.. nshead CtirclefLot 1, Block 1, Yell Lionshead Filing 3, and setting forth details in
regard there to, (PEC07-0077)
Applicant- Landmark Condominium Assciclation, represented by Fritzlen
14
John F. Canon
3140 Booth Falls Court, #B
Vail, Co. 81658
Bill Gibson
Vail Design Review Board
75 S. Frontage Rd., West
Vail, Co. 81657
Dear Mr. Gibbons
I wanted to first thank the board in granting the improvement separation on our property
for our up coming project.
For the record and to further reiterate to the board. I understand the zoning issues
surrounding the separation and that those concerns you all raised were heard and
incorporated into our planning going forward. The additional structure if approved and
executed is in no way to be considered a separate dwelling unit to be used as rental
property or the like. We simply have two young families that are interested in expanding.
Also I believe we have some support from our neighbors and to a certain extent the town
on getting autos off the street. I am sure during our next meeting we can touch on this
again and I am receptive to helping the board reach a comfort level in any way I can.
I also understand the symmetry concern of the "duplex garage" and that the Vickers, JMP
Architects and myself have already begun to find ways to create an asymmetrical design
that is in keeping with our desires and current architectural features. Thank you for
helping us understand these issues. The timing was helpful and efficient during this
critical schematic phase of design. I look forward to working with the Vail DRB.
(01%08%2008 Nicole Peterson -Vickers PEC07 0078 a „Tq age
From:
JR Rulapaugh
To:
Nicole Peterson
Date:
01/04/2008 8:42 AM
Subject:
Vickers PEC07-0078
Has been reviewed and approved.
Formatted: Bottom: 1"
COMMUNITY DEVELOPMENT ROUTING FORM
Routed To:
Chad Salli P
Date Routed:
121191'0}7
Routed B :
Nicole Peterso
Date Due:
Project Name: Vickers garage Deleted: Chad Salli, PW
variance
Deleted: Chad Salli, PW
Project EEC 07-03078 _
Activit inserted: Chad Salli, PW
Deleted: Bill Gibson
Description of work:
Variance to site coverage to aglow 4 car ara e
Address: 31401 Booth Falls Court
Legal: Lot: 1,5 Block: Subdivision: Vail Villa 2e 1 Filin
Status:
❑ Approved ❑ Approved with conditions Denied
Comments: Date Reviewed:
Y Fire nenartment Issues- NPPd additional review by Fire nenartment-
1. Show existing concrete an aloe cul-de-sac ands of elevations
2. Show all re uired parking
3. Show to /bottom wall elevations of ro osed boulder walls walls can not exceed 3' in
height in the front setback
4. Identify the proposed driveway surface; asphalt, concrete, avers
6. Snow storage requirements are 30~ , of paved surface (unless heated} must be
provided on private property, proposed storage areas full short of this re uirement
6. Provide erosion/sediment control plan with limits of disturbance shown
7. Additional review by the Fire Dept needed for sprinkler requirements, distance around
buildings is greater, the 300' from the cul-de-sac.
8. As 121ans are developed additional comments may
be enerated
inserted: Bill Gibson
Deleted: Bill Gibson
r Deleted:
i D
l
d
ete
:
e
Formatted: Superscript
Deleted:
Deleted: ❑
l
Deleted:
. . ............_..._........._................_........................................_.......__.._.J
rrFor _matted Table
(04/04/2008) Nicole Peterson - Pre DRB Meeting 4/3/08 Page 1
From: "John F. Canon" <jfcanon@netzero.com>
To: JMP Architects <perk-jmp@gwest.net>, Vickers <lepow@juno.com>
Date: 04/03/2008 4:02 PM
Subject: Pre DRB Meeting 4/3/08
John,
I wanted to bring you up to speed and also make record between all those
involved some of the requirements/requests the DRB will want seen done or
partially completed by DRB submittal time. The list below was drawn from the
PEC approval and/or the owners meeting with Ms. Peterson 4/3/08.
Landscape schedule
Easements lines drawn back in on site plan (lite dash line seems to have
been lost from surveyor to architect).
Color rendering south elevation (Nicole will advise if more are necessary).
Material selections.
Cut sheet/selection on lighting fixtures.
Small detail on stair component selections (i.e. wood, open riser etc.).
Have surveyor add drainage V pan at street level to show that we are
requesting to "tying into existing pan".
Delineate snow storage area by dash/line to meet 30% of impervious driveway
Snow storage vs. neighbor PEC request to screen vehicles. This is a
difficult contradictory issue that we will try and solve with neighbors
allowing us plant approved material on prop line or on neighbor property.
Basically the screening can interfere with snow storage areas.
Recordable affidavit about multi use renting scenarios (i.e. owner in main
house and addition used as short/long term rental). Although this will
really be due at time of Cert. of Occupancy, Nicole will try and talk to
town attorney about providing service.
Architect to remove note pertaining to trash storage at "underground bunker"
and move to garage on the site plan or put in general notes page.
Utility verification approvals. Although we have some approvals and
approvals with comments. Those companies not wishing to commit yet want to
see the site in post winter.
New site plan and or any revisions to site plan will most likely need to be
resubmitted to utility companies for approvals.
In addition we would like to meet with you next week before I leave the rest
of April to discuss critical paths and building macro layout concerns.
John F. Canon
From: "John F. Canon" <jfcanon@netzero.com>
To: Sam Tooley <samuel.tooley@gwest.net>, Rich Sisneros <richard.sisneros@xc...
Date: 01/17/2008 1:15 PM
Subject: Utility Approval & Verification (Canon/Vickers)
Attachments: COVER SHEET.pdf; EW ELEVATIONS.pdf; SITE PLAN.pdf; Town of Vail Utility/Ver
ification document.pdf
CC: Nicole Peterson <NPeterson @vailgov.com>
To whom it may concern,
Please find enclosures G,mgy ~W , G `2V ji, ~ t , 1;Ae P~ A," , LU-T,
Town of Vail Utility Approval document
Cover Sheet
Site Plan
East/West Elevation
The enclosed schematics have been approved short of Design Review. This
project has also been assigned to Nicole Peterson of the Town of Vail;
NPeterson@vailgov.com
I am a general contractor and part owner of the enclosed development. My
project partner and part owner, Kenny Vickers is in the excavation business.
We wish to seek approval on the current design. Portions of the development
extend into the utility easements on both sides of the lot. We have done
some excavation on the lot in the past and offer the following information.
Most of our knowledge of layout is what pertains to our lot. Obviously we
will need info on our east and west adjacent neighbors.
Gas Service: We believe the gas service is still at the curb as our homes do
not run on gas.
Telephone Service: We believe the phone runs on the east easement and has a
shallow direct burial. We believe this service will be compromised during
construction and will have to be rerouted
Television Service: We believe the television runs on the east easement and
has a shallow direct burial. We believe this service will be compromised
during construction and will have to be rerouted.
Water and Sanitation Service: We are unsure of the exact location and depth
of the water service and if it is split between the two easements and or at
the curb. It is our hope that domestic water will be supplied to the
addition downstream from the existing improvements' meters. We believe the
sewer exits the existing improvements on the south side and flows through
the Vail Mountain school property. Because of site conditions, we wish to
tap the sewer on the property on the west units side. We understand that
this will be a shared sewer and that we will need to prepare recorded
documents as such. During our due diligence phase I talked to you, Fred,
briefly about this scenario and you preliminarily thought this scenario
could be accomplished with legal work.
Electrical service: Holy Cross is our current provider. We believe the
electricity is contained in the east easement and is metered on the east
unit for both units. Our hope is that we can supply the new improvements
Please review the enclosures and contact me with any questions/comments or
further needs. Any preliminary billable costs on your side would be much
appreciated.
John F. Canon
3140 Booth Falls Court, Unit B
Vail, Colorado 81657
jfcanon@netzero.com
970.376.7601 Mobile
970.479.5590 Home/Fax
Jan 08 08 07:19p Kathleen V. Scott 303 329 6050 p.2
To: Town of Vail PEC
Ref: Cannon/Vickers proposed garage variances
The undersigned;who are representative of the Booth Falls Court neighborhood wish to
encourage the continued improvement of their neighborhood. With this in mind we
support in general teens the building of a garage on the Cannon Vickers property.
Although the building of this proposed structure is somewhat oversized for the lot in
question and will serve to contribute to the increasing density of the neighborhood, the
potential for removing the cumbersome and unsightly parking situation in front of the
property goes part way in alleviating our concerns about this new building.
As the commission may know or may have been informed by the town planner there are
currently four parking spaces assigned to the lot. There are often more than four cars
parked in the generally vicinity, many of them illegally on the street. Additionally, Mr.
Vickers has lately taken to parking a back-hoe/tractor on the property. There are many
days where the current property looks like a heavy equipment rental lot.
If the PEC decides to approve the variances requested by Cannon/Vickers, it is the hope
of the neighborhood that the variances approved will be contingent on having no
equipment parked outside of the new structure. Hopefully such contingencies will be
recorded into the proceeding and made part of the approval. As such they would be
enforceable by town of Vail.
There are other issues including building over utility easements and the lack of planning
for snow removal in front of the proposed garage. Perhaps these can be discussed at the
meeting or at a subsequent DRB.
Signed,
Alan and Kate Scott: 3150 Booth Falls Court (Lot 4)
Ken and Robin Guerry: 3130 B Booth Falls Court (Lot 6B)
George and Lizette Lamb 3130 A Booth Falls Court (Lot 6A)
1 s 2/11/2007 16:08 FAX 970 476 4732 LTG-VAIL
Z001
Form AOICHI
Chicago Policy No. 72106-951179
Our Order No. V50005584 Schedule A Amount $460,000.00
Property Address: 3140 A BOOTH FALLS COURT VAIL CO 81657
/ISI D7
L Policy Date: July 004 ai 5:00 P.M.
2. Name of Insured:
KENNETH A. VICKERS AND REBECCA P_ VICKERS
3. The emote or interest in the land described or rererred to in this Schedule aud"which is covered by this policy is:
A Fee Simple
4. Title to the estate or interest covered by this policy at the date hereof is vested in:
KENNETH A. VICKERS AND REBECCA P. VICKERS
S. The land rererred to in this policy is described as Follows:
PARCEL A, AND AN UNDIVIDED ONE-HALF INTEREST IN PARCEL C, ACCORDING TO THE
TOWNHOUSE DECLARATION FOR LOT 5, BLOCK 2, VAIL VILLAGE TWELFTH FILING, RECORDED
JULY 16, 1980 IN BOOK 305 AT PAGE 497 AND ACCORDING TO THE PLAT OF VAIL VILLAGE
TWELFTH FILING RECORDED AUGUST 16, 1972 AS RECEPTION NO. 220855, COUNTY OF
EAGLE, STATE OF COLORADO.
This Policy valid only if Schedule S is attached. -7-7
Land Title Guarantee Company
Representing Chicago Title Insurance Company
12/11/2007 16:08 FAX 970 476 4732 LTG-VAIL 10002
Form AO/CHI
Chicago Policy No. 72106-951179
Our Order No. V50005584
Schedule R
This policy does not insure against loss or damage (and the Company wiII not pay costs, attorneys' fees or expenses)
which arise by reason of:
General Exceptions:
1. Rights or claims of parties in possession not Shown by the public records.
2. Easements, or claims of casements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and
inspection of the premises would disclose and which are 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.
ITEM NOS. 1 THROUGH 3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED.
ITEM NO.4 OF THE GENERAL EXCEPTIONS IS DELETED EXCEPT AS TO ANY LIENS
RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST
OF KENNETH A_ VJCKERS AND REBECCA P. VICARS.
5. TAXES AND ASSESSMENTS FOR THE YEAR 2004 AND SUBSEQUENT YEARS.
6. RIGHT OF PROPRIETOR OF A VLiN 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 MAY 06, 1905, IN BOOK 48 AT
PAGE 273-
7. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 06, 1905,
IN BOOK 48 AT PAGE 273-
8. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION,
SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE
EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF
T11E UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT
DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED
AUGUST 16, 1972, IN BOOK 225 AT PAGE 88 AND AS AMENDED IN INSTRUMENT
RECORDED SEPTEMBER 25, 1972 IN BOOK 225 AT PAGE 475.
12/P/2007 16:09 FAX 970 476 4732 LTG-VAIL 0003
form AO/CHI
Chicago Policy No. 72106-951179
Our Order No. V50005584
Schedule B
9. EASEMENTS, CONDITIONS, COVENANTS, RESTRTCTIONS, RESERVATIONS AND NOTES ON
THE RECORDED PLAT OF VAIL VLLLAGE TWELFTH FILING.
10. TERMS, CONDITIONS AND PROVISIONS OF THE ASSESSMENT FOR INSTALLATION OF THE
ROCK BERM.
11. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION RECORDED JULY 16. 1980 IN
BOOK 305 AT PAGE 497.
12. - TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED DECEMBER 02,
1991 IN BOOK 568 AT PAGE 136.
13. DEED OF TRUST DATED JUNE 29, 2004, FROM KENNETH A. VICICRS AND REBECCA P.
VICKERS TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF FJRSTBANK OF
AVON TO SECURE THE SUM OF $340,700.00 RECORDED JULY 02, 2004, UNDER
RECEPTION NO. 882745.
-rJ '~~-rte C.
to oot,~~ L C-P I -n tQ
3
ALTA OWNER'S POLICY - 10-17-92
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a
Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage
not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only
to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of the Date of Policy shown in Schedule A.
STEWART TITLE
GUARANTY COMPANY
*,y/WM/MVUW
'01LE G&
~ f~= LORPOgq 9ya
Chairman of the Boar 3; r President
1908 ;off
Countersigned: * d
r- .sari
Authorized Countersignature
STEWART TITLE OF VAIL, INC.
AgentlD #060058='r
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 which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations
restricting, regulating, prohibiting or relating to (i) the occupancy, use. or enjoyment of the land; (ii) the character, dimensions or location
of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulrin
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Darr
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
I excluding from coverage tiny taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value
without knowledge,
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) 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;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation,
of federal bankruptcy. state insolvency, or similar creditors' rights laws; that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for
4alue o~enr Rr lien crcditor
Serial No. 0-9701-355210
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the
named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not
limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason
of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property.
The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title,
interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit
the extent to which a right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(f) "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 Section 1(a) (iv) of the Exclusions From
Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district
court for the district in which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage,
which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of
a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an
estate or interest in the land, or holds an indebtedness 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 covenants of warranty made by the insured in any transfer or conveyance
of the estate or interest. 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 indebtedness 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 4(a) below, (ii) in case
knowledge shall come to an insured hereunder of any slain of title or interest which is adverse to the title to the estate or interest, as
insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate
or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability
of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure
to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by
the failure and then only to the extent of the prejudice,
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE.
(u) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, 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 adverse to the title or interest as insured. but only as to those stated causes of action alleging a defect, lien or
encumbrance or other matter 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 and 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 which allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which
in its opinion may be necessary or desirable to establish the title to the estate or interest, 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 hereunder,
and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it
shall do so diligently.
(c) Whenever die Company shall have brought an action or interposed a defense as required or permitted by the provisions of this
policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right,
in its sole discretion. to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed-
ing. the insured shall secure to the Company the right to so prosecute or provide defense in die action or proceeding, and all appeals
therein, and permit the Company 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 any action or proceeding, securing evidence, obtaining
witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion
of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the
failure of the insured to furnish the required cooperation, the Company's obligations 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.
ALTA OWNER'S POLICY
SCHEDULE A
Order Number: 04035708-C3
Date of Policy: August 30, 2004 at 10:27 A.M.
Amount of Insurance: $ 465, 000.00
1. Name of Insured:
John F. Canon
Policy No.: 0-9701-355210
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
John F. Canon
4. The land referred to in this policy is described as follows:
SEE ATTACHED LEGAL DESCRIPTION
SCHEDULE A
Order Number: 04035708-C3
LEGAL DESCRIPTION
Parcel B,
and an undivided one half interest in Parcel C,
according to the Townhouse Declaration for Lot 5,
Block 2, Vail Village Twelfth Filing, recorded July 16, 1980 in Book 305 at
Page 497 as Reception No. 201881, and according to the Plat of Vail Village
Twelfth Filing, recorded August 16, 1972 as Reception No. 120855.
COUNTY OF EAGLE
STATE OF COLORADO.
ALTA OWNER'S POLICY
SCHEDULE B
Order Number: 04035708-C3
Policy No.:0-9701-355210
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are 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. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof;
water rights, claims or title to water.
6. Any and all unpaid taxes and assessments and unredeemed tax sales.
7. 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.
8. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing
the issuance thereof, of record, 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.
9. Protective Covenants of Vail Village, Twelfth Filing recorded August 16, 1972
in Book 225 at Page 88 as Reception No. 120854 and Amendment recorded September
25, 1972 in Book 225 at Page 475 as Reception No. 121250.
10. All matters shown on the Plat of Vail Village Twelfth Filing, recorded August
16, 1972 in Book 225 at Page 89 as Reception No. 120855.
11. Grant of Easement, granted to the Town of Vail, a municipal corporation by Joe
Tonahill in instrument recorded December 2, 1991 in Book 568 at Page 136 as
Reception No. 464257.
12. Townhouse Declaration for Lot 5, Block 2, Vail Village Twelfth Filing, recorded
July 16, 1980 in Book 305 at Page 497 as Reception No. 201881.
13. A Deed of Trust dated August 24, 2004, executed by John F. Canon, to the Public
Trustee of Eagle County, to secure an indebtedness of $333,000.00, in favor of
Mutual Security Mortgage, LTD recorded in the office of the Eagle County
Colorado Clerk and Recorder.
ENDORSEMENT FORM 110. (Rev. 5195)
ENDORSEMENT ATTACHED TO AND MADE A PART
OF POLICY OF TITLE INSURANCE
SERIAL NUMBER O- 9702-355210 ISSUED BY
STEWART TITLE
GUARANTY COMPANY
HEREIN CALLED THE COMPANY
Order No.: 04035708-C3
Said Policy is hereby amended by deleting paragraphs 1-4 , inclusive, of Schedule B.
This endorsement is made a part of the policy and is subject to all of the terlns and provisions thereof and of
any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and
provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any
prior endorsements, nor does it increase the face amount thereof.
Signed under seal for the Company, but this endorsement is to be valid only when it bears an
authorized countersignature.
TEWART TITLE
GUARANTY COMPANY
~'+n+~`S lE ~
3 •,j,4~R*AgtF'2~ P~:esicent
Chairnan oE t B.It
O
~ 1908
Cc..+_+tersigne`'^ TEXAS„~o~'`~
• G NM+/l H
i
A!athori. zcc Cc'~nte-signat'i -e
.
STEWART TITLE OF VAIL, INC. C/
AgcntlD #060058
Serial No. F..-9851-217790
CONDITIONS AND STIPULATIONS Continued
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed
and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage.
The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of
loss or damage and shall state, to lire extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured
claimant to provide the required proof of loss or damage, the Company's obligations 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 proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable limes and places as may be designated by any authorized representative of the Company, all records,
books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which 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 records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which 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 other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall
terminate any liability of lire Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SET'T'LE CLAIMS; TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have Lite 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, which
were authorized by the Company, up to the time of payment or tender of payment and which the company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or ll'itli the Insured Claimant.
O to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to
pay: or
(ii) 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 expenses
incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in paragraphs (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.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
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 and only to the extent herein described.
(a) The liability of the Company under this policy shall not exceed the least of-
(i) the Amount of Insurance stated in Schedule A. or,
(ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encum-
brance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full
consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured
estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of
insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the
Amount of Insurance stated in Schedule A hears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that
portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A.
(u) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONNIEN'T.
If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels
but riot all, the loss shall be computed arid settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy
of each separate parcel to tine whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to
each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy.
(continued tout concluder) on last page of this policy)
(ALTA Owner's Policy)
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 unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall
have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby.
(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 therefrom, adverse to the title as insured.
(c) The Company shall not he liable for loss or damage to any 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 auwunt. of the insurance pro tanto.
11. LIABILITY NONCUMULVfIVE.
It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay 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 hereafter executed by an insured and which is a
charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall he made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss
or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall he payable
within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured
cla irnant.
The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in
respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any
person or property necessary in order to perfect this right of subrogation. 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 or remedies.
If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but tite Company, in that event, shall be required to pay
only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant
of the Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties,
other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American
Arbitration Association. 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 of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when rite Amount
of Insurance is $1,000,000 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 $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date
'the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall he binding upon the parties. The award may include
attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party, Judgment upon the award rendered
by the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto 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.
01) Any clairn of loss or damage, whether or not based on negligence, and which arises out of the status of the title to lire estate or interest covered hereby or by any
action asserting such claim, shall he restricted to this policy.
(c) No amendment of or endorsement to this policy can he made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall he deemed not to include that provision and all other
provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall
be addressed to the Company at P.O. Box 2029, Houston, Texas 77252-2029.
STEWART TITLE
GUARANTY COMPANY
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