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Home My WebLink AboutDRB080392TOWN /F' VAL਍ഀ Design Review Board਍ഀ ACTION FORM਍ഀ Department of Community Development਍ഀ 75 South Frontage Road, Vail, Colorado 81657਍ഀ te1:970.479.2139 fax: 970.479.2452਍ഀ web: www.vailgov.com਍ഀ Project Name: HOWENSTINE RESIDENCE DRB Number: DRB080392਍ഀ Project Description:਍ഀ Participants:਍ഀ NEW SINGLE FAMILY RESIDENCE WITH EMPLOYEE HOUSING UNIT਍ഀ OWNER HOWENSTINE, ANNE LORRAINI਍ഀ 2754 S FRONTAGE RD W਍ഀ VAI L਍ഀ CO 81657਍ഀ APPLICANT BETH LEVINE, ARCHITECT਍ഀ P.O. BOX 1825਍ഀ AVON਍ഀ CO 81620਍ഀ License: 0000001399਍ഀ ARCHITECT BETH LEVINE, ARCHITECT਍ഀ P.O. BOX 1825਍ഀ AVON਍ഀ CO 81620਍ഀ License: 0000001399਍ഀ 08/29/2008਍ഀ 08/29/2008 Phone: 970-926-5099਍ഀ 08/29/2008 Phone: 970-926-5099਍ഀ Project Address: 2754 S FRONTAGE RD W VAIL Location:਍ഀ Legal Description: Lot: B-2 Block: Subdivision: STEPHANS SUBDIVISION਍ഀ Parcel Number: 2103-143-1700-5਍ഀ Comments:਍ഀ BOARD/STAFF ACTION਍ഀ Motion By: DANTAS਍ഀ Second By: DUBOIS਍ഀ Vote: 5-0-0਍ഀ Conditions:਍ഀ Action: APPROVED਍ഀ Date of Approval: 09/03/2008਍ഀ 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: 0਍ഀ (PLAN): DRB approval does not constitute a permit for building. Please consult with਍ഀ Town of Vail Building personnel prior to construction activities.਍ഀ Cond:201਍ഀ (PLAN): DRB approval shall not become valid for 20 days following the date of਍ഀ approval, pursuant to the Vail Town Code, Chapter 12-3-3: APPEALS.਍ഀ Cond: 202਍ഀ ...-~D4WOFViA Ne਍ഀ w Construction਍ഀ Application for Design਍ഀ Department of Community Development਍ഀ 75 South Frontage Road, Vail, Colorado 81657਍ഀ tel: 970.479.2128 fax: 970.479.2452਍ഀ web: www.vailgov.com਍ഀ ~D [ E C [ ~ 0 %ff [-F-਍ഀ AUG 29 2008਍ഀ OWN OF `Mi਍ഀ General Information:਍ഀ All projects requiring design review must receive approval prior to submitting a building permit application. Please਍ഀ refer to the submittal requirements for the particular approval that is requested. An application for Design Review਍ഀ cannot be accepted until all required information is received by the Community Development Department. The਍ഀ project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.਍ഀ Design review approval lapses unless a building permit is issued and construction commences within਍ഀ one year of the approval.਍ഀ Location of the Proposal: Lot: I2' Z Block: Subdivision: -f`਍ഀ Physical Address: 27 z5 4- { - z'4' IV਍ഀ Parcel No.: 2~ D 7 00 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)਍ഀ Zoning: G U '::~74 w਍ഀ Name(s) of Owner(s): CO V v4t i +n e~ rTV wQV'7 `7T7 v►਍ഀ Mailing Address:਍ഀ 00਍ഀ 44 -਍ഀ hone.਍ഀ Owner(s) Signature(s):਍ഀ 4i 10A ee- loll਍ഀ Name of Applicant:਍ഀ Aovi ce ~ l69 22D਍ഀ Mailing Address:਍ഀ Phone. 70 `਍ഀ t਍ഀ 72਍ഀ Q :਍ഀ E-mail Address:਍ഀ _਍ഀ 1-e Fax:਍ഀ 6014/7਍ഀ Type of Review and Fee:਍ഀ $50਍ഀ -਍ഀ Pius $1.00 per square foot of total sign area.਍ഀ Signs਍ഀ ❑਍ഀ ❑ Conceptual Review No Fee਍ഀ tion of a new building or demo/rebuild.਍ഀ t਍ഀ New Construction $650਍ഀ $300਍ഀ ruc਍ഀ For cons਍ഀ For an addition where square footage is added to any residential or਍ഀ JC Addition਍ഀ commercial building (includes 250 additions & interior conversions).਍ഀ ❑ Minor Alteration $250਍ഀ For minor changes to-buildings and site improvements, such as,਍ഀ landscaping, fences and਍ഀ w additions਍ഀ d਍ഀ i਍ഀ (multi-famil~yJcommerdal)਍ഀ ,਍ഀ o਍ഀ n਍ഀ re-roofing, painting, w਍ഀ mining walls, etc.਍ഀ ❑ Minor Alteration $20਍ഀ For minor changes to buildings and site improvements, such as,਍ഀ painting, window additions, landscaping, fences and਍ഀ re-roofing਍ഀ (single-family/duplex)਍ഀ ,਍ഀ retaining. walls, etc.਍ഀ plans already approved by Planning Staff or the਍ഀ r revisions਍ഀ ❑ Changes to'Approved Plans $20਍ഀ fo਍ഀ Riew Board.਍ഀ Design਍ഀ ❑ Separation Request No Fee਍ഀ For Office Use Only਍ഀ By: Qom'਍ഀ Check No਍ഀ .਍ഀ Fee Paid:਍ഀ ਍ഀ ✓"i d਍ഀ Meeting Date: "1 ✓਍ഀ '਍ഀ DRB No.: Q Q਍ഀ 2਍ഀ : 1 0 D- 0 J਍ഀ Project No਍ഀ ~਍ഀ Planner:਍ഀ .਍ഀ TOWN OF VAIL, COLORADO Statement਍ഀ Statement Number: R080001515 Amount: $650.00 08/29/200804:24 PM਍ഀ Payment Method: Check Init: JLE਍ഀ Notation: 5707 BETH਍ഀ LEVINE਍ഀ ਍ഀ Permit No: DRB080392 Type: DRB - New Construction਍ഀ Parcel No: 2103-143-1700-5਍ഀ Site Address: 2754 S FRONTAGE RD W VAIL਍ഀ Location:਍ഀ Total Fees: $650.00਍ഀ This Payment: $650.00 Total ALL Pmts: $650.00਍ഀ Balance: $0.00਍ഀ ACCOUNT ITEM LIST:਍ഀ Account Code Description Current Pmts਍ഀ ਍ഀ DR 00100003112200 DESIGN REVIEW FEES 650.00਍ഀ 4਍ഀ 970.026-'993 p.~਍ഀ i ]OINT PROPERTY OWNIM਍ഀ 7 M, Of T ` WRS MN APPROVAL LETTER਍ഀ 11 (pt•Int name) tbm 40 a joint owner of propehlr਍ഀ at਍ഀ J~j਍ഀ provide this Imaw as written approval of the plans dated Z12 - cv~਍ഀ which have been submAW to the Town of Ved Commu•;ity Deveiopment Department਍ഀ the਍ഀ proposed Improvements to be campWed of tme 4ddress noted above. I. understand the਍ഀ the਍ഀ proposed improvements include:਍ഀ 'Z-r7਍ഀ b਍ഀ L Q 1rf਍ഀ G਍ഀ t,;~- It ('Win Val.਍ഀ (S~aanu+e,਍ഀ Additionally, please check the statement helow which Is most applicable toy਍ഀ :਍ഀ O ! OwNsmod tit mll7or modllfcaawa may be ms* to the R&W aw the abu਍ഀ a/dk਍ഀ An*wpAXw tD &w e cm7pftw w/ M MW Tbm?ff gp#h lbM cadu w7d l gm਍ഀ tIe n~ hemp਍ഀ ! mgLwr that aY medDWt MInOr cv othCwlse, which are ma* fa Me਍ഀ orw• tln਍ഀ arWsaa draw mview p vm$ be &vWht m my attentian Oy die ap t Mr addNmW਍ഀ awv%, r਍ഀ bdlom turdbrgoing Aalher ievAsw by Nre Town.਍ഀ Na vJ 1਍ഀ VI.਍ഀ VII.਍ഀ Vlll.਍ഀ SITE Al`, L'YSIS਍ഀ Address:਍ഀ Legal Description:਍ഀ Zoning:਍ഀ Land Use Plan Designation਍ഀ Current Land Use:਍ഀ Lot Size:਍ഀ Existing Buildable Area:਍ഀ Proposed Buildable Area:਍ഀ Hazards:਍ഀ Standard਍ഀ Setbacks (min):਍ഀ Front (North):਍ഀ Side (West):਍ഀ Side (East):਍ഀ Rear (South):਍ഀ Core Creek:਍ഀ GRFA (max):਍ഀ Lot BI਍ഀ Lot B2਍ഀ Site coverage (max.)਍ഀ Lot B1਍ഀ Lot 67਍ഀ 2754 South Frontage Road਍ഀ Lot B (specifically 132), Stephens Subdivision਍ഀ Residential Cluster਍ഀ Medium Density Residential਍ഀ Two single-family residences (Lots B1 & B2)਍ഀ 23,344 sq.ft. (0.5359 acres)਍ഀ no less than 12,270 sq.ft (per plat)਍ഀ X98-sc -F9353 aefes-~ ►3,`~ZS /਍ഀ Gore Creek 100-year floodplain਍ഀ Allowed/Required਍ഀ Existin਍ഀ Proposed਍ഀ 20 ft.਍ഀ 20 ft. (Lot B2)਍ഀ 1 ft. (Lot 132)਍ഀ 15 ft.਍ഀ 45 ft. (Lot B1)਍ഀ no change਍ഀ 15 ft.਍ഀ 81 ft. (Lot B2)਍ഀ 15 ft. (Lot B2)਍ഀ 15 ft.਍ഀ 43 ft. (Lot B2)਍ഀ 26 ft. (Lot B2)਍ഀ 0਍ഀ 5਍ഀ ft.਍ഀ 34 ft. (Lot B2)਍ഀ no change਍ഀ y਍ഀ p਍ഀ ,00 3 0਍ഀ --5754"g4t-਍ഀ 2,546 sq.ft.਍ഀ q=਍ഀ n/a਍ഀ 1,830 sq.ft.਍ഀ no change਍ഀ n/a਍ഀ 716 sq.ft.਍ഀ 2,738 sq.ft.*਍ഀ 5,836 sq.ft.਍ഀ 1,970 sq.ft.਍ഀ 3,762 sq.ft.਍ഀ n/a਍ഀ 1,254 sq.ft.਍ഀ no change਍ഀ n/a਍ഀ 716 sq.ft.਍ഀ 2,508 sq.ft.਍ഀ C888639?਍ഀ 1, q4?਍ഀ Z,GG7਍ഀ Parking Lot B2 (min):਍ഀ Single-f=amily 3 spaces n/a 3 spaces (2 enclosed)਍ഀ EHU 2 spaces n/a 2 spaces (2 enclosed)਍ഀ *does not include 1,200 sq. ft. of Type III EHU and 576 sq. ft. of EHU garage਍ഀ SURROUNDING LAND USES AND ZONING਍ഀ Existing Use਍ഀ Zoning District਍ഀ North:਍ഀ Right-of-Way and Open Space਍ഀ Outdoor Recreation਍ഀ South:਍ഀ Residential਍ഀ Residential Cluster਍ഀ East:਍ഀ Residential਍ഀ Residential Cluster਍ഀ West:਍ഀ Residential਍ഀ Residential Cluster਍ഀ REVIEW CRITERIA਍ഀ Setback. Variance਍ഀ The review criteria for a request of this nature are established by Chapter 12-16,਍ഀ Vail Town Code.਍ഀ 1, The relationship of the requested variance to other existing or potential਍ഀ uses and structures in the vicinity.਍ഀ 7਍ഀ Howenstine Residence਍ഀ 2754 South Frontage Road West਍ഀ Vail, Colorado 81657਍ഀ Lot B-2, Stephens Subdivision਍ഀ September 3, 2008਍ഀ Material Board:਍ഀ Roof. DaVinci Roofing Shakes:Autumn Wood਍ഀ Fascia: 2 x 12 Rough Sawn Cedar਍ഀ Color to be burgundy to match the Donovan Park Pavillion਍ഀ Soffits: Wood: l x 12 Cedar਍ഀ Color to match the Donovan Park Pavillion਍ഀ Walls:਍ഀ Stucco: Off White to match the original house.਍ഀ Wood Siding: to be Cedar Board and Batten-12" x 1 1/2"਍ഀ Color to match the Donovon Park Pavillion਍ഀ Windows: Dark Brown Clad: match siding਍ഀ Railing: Wrought Iron-see pattern below਍ഀ x਍ഀ DaVinci਍ഀ BP Shingles਍ഀ Certainteed Shingles਍ഀ Shake Look-Shingles਍ഀ Slate Look_ Shingles਍ഀ Shake Tiles਍ഀ Slate Tiles਍ഀ Spanish Tiles਍ഀ Plastic Roofing਍ഀ Plastic Slate਍ഀ Plastic Shakes਍ഀ Polymer Roofing਍ഀ Rubber Roofing਍ഀ DaVinci਍ഀ RoofRoc਍ഀ Lamarite਍ഀ Evershake਍ഀ Rubber Shakes਍ഀ Recycled Roofing਍ഀ Gem Slate਍ഀ Euro-Slate਍ഀ Rubber Slate਍ഀ Torch-On Membranes਍ഀ Modified Membranes਍ഀ Peel $ Stick Low Slope / Flat Roof਍ഀ Membranes਍ഀ Caulking & Coatings਍ഀ SBS Rubberized Shingles਍ഀ Metal Roofing਍ഀ Tile _ Look_ Metal਍ഀ Shake Look Metal਍ഀ Autumn Wood਍ഀ Mountain Blend਍ഀ New Cedar਍ഀ Page 3 of 5਍ഀ shakes.਍ഀ Creates a non-rep਍ഀ to the man-made਍ഀ other three size c਍ഀ Realistic Colou਍ഀ ,16 Available in natur਍ഀ Mountain Blend, 1਍ഀ 41- Each blend featur਍ഀ wood-tones pre-c਍ഀ easy installation.਍ഀ Patented two 1,਍ഀ protection਍ഀ ,46 One layer of UV p਍ഀ the polymer. "Cla਍ഀ A second transpar਍ഀ surface of each st਍ഀ to protect against਍ഀ regions such as th਍ഀ series, which cost਍ഀ for areas such as਍ഀ Canada where th(਍ഀ Engineered to਍ഀ °46 Custom-engineer(਍ഀ formulated for th਍ഀ Manufactured froi਍ഀ consistency. (Oth਍ഀ manufactured fro਍ഀ even baby diaper!਍ഀ materials not onl)਍ഀ materials, they m਍ഀ debris which can਍ഀ resistance or durz਍ഀ Unsurpassed dt਍ഀ Class A Fire Ratin਍ഀ ,16਍ഀ Class 4 Impact Ra਍ഀ High Wind Rating਍ഀ ,16਍ഀ Resistance to fre(਍ഀ http://www.roofingstore.ca/DaVinci.htm 9/3/2008਍ഀ :f਍ഀ OUTDOOR WALL LANT਍ഀ ERN ;t਍ഀ Antique Bronze Finish਍ഀ Champagne Glass਍ഀ Width: 7"਍ഀ Height: 11 'h'਍ഀ Extension: 7 3/d'਍ഀ Height from Center਍ഀ of Outlet Box: 41/4"਍ഀ 8508-71਍ഀ Wattage: One (M) 100w max.਍ഀ w 89016BL-71਍ഀ Wattage: One (GU24) 13w਍ഀ Self Ballasted Bulb Included਍ഀ Integrated Ballast਍ഀ 120V NPF Electronic਍ഀ Replacement Bulb: 97102਍ഀ T2਍ഀ 5਍ഀ 89016PBLE-71਍ഀ Wattage: One (GU24) 13w਍ഀ Self Ballasted Bulb Included਍ഀ Integrated Ballast: 120V NPF Electronic ,਍ഀ Photocell Included਍ഀ Replacement Bulb: 90102 Prairie਍ഀ Compact਍ഀ Fluorescent Bulbs਍ഀ ਍ഀ _See Page601_ -਍ഀ ■਍ഀ Energy Saving਍ഀ Fluorescent਍ഀ ENERGY STAR-਍ഀ -਍ഀ Qualified਍ഀ T24 Products meet਍ഀ California Title 24਍ഀ uirements.਍ഀ For the minimum਍ഀ starting temperature਍ഀ of the bulbs਍ഀ _ -਍ഀ refer to page: 601਍ഀ (M)਍ഀ (M)਍ഀ Medium Base਍ഀ a਍ഀ 30E਍ഀ 466਍ഀ SPA 90 lg®਍ഀ SeaGullLighting.com਍ഀ OUTDOOR WALL LANTERN਍ഀ 8408-71਍ഀ Antique Bronze Finish਍ഀ Champagne Glass਍ഀ Width: 4 IN' Height: 8 IN' Extension: 4 3/a'਍ഀ Height from Center of Outlet Box: 51W਍ഀ Wattage: One (M) 100w max.਍ഀ 89015PBLE-71਍ഀ Antique Bronze Finish਍ഀ Champagne Glass਍ഀ Width: 4 1/2' Height: 81jz" Extension: 4 3/d'਍ഀ Height from Center of Outlet Box: 51/4"਍ഀ Wattage: One (GU24) 13w਍ഀ Self Ballasted Bulb Included਍ഀ Integrated Ballast: 120V NPF Electronic਍ഀ Photocell Included਍ഀ Replacement Bulb: 97102਍ഀ OUTDOOR POST LANTERN਍ഀ 8207-71਍ഀ Antique Bronze Finish਍ഀ Champagne Glass਍ഀ Width: 10" Height: 18 W'਍ഀ Wattage: One (M) 150w max.਍ഀ Fits 3" Post (Sold Separately)਍ഀ 82927PBLE-71਍ഀ Antique Bronze Finish਍ഀ Champagne Opalescent Glass਍ഀ Width: 10" Height: 19 3/d'਍ഀ Wattage: One (PLS26)਍ഀ 26w Bulb Included਍ഀ Ballast: 120V NPF Electronic਍ഀ Photocell Included਍ഀ Replacement Bulb: 97045਍ഀ Fits 3" Post (Sold Separately)਍ഀ 'v 1 ~7~ i11.~਍ഀ ~v਍ഀ OUTDOOR WALL LANTERN਍ഀ Antique Bronze Finish਍ഀ Champagne Glass਍ഀ Width: 10" Height: 161/4"਍ഀ Extension: 10 -Y4"਍ഀ Height from Center਍ഀ of Outlet Box: 6"਍ഀ 8513-71਍ഀ Wattage: One (M) 150w max਍ഀ ■ 89217BL-71਍ഀ Wattage: One (PLS26)਍ഀ 26w Bulb Included਍ഀ Ballast: 120V NPF Electronic਍ഀ Replacement Bulb: 97045਍ഀ 89217PBLE-71਍ഀ Wattage: One (PLS26)਍ഀ 26w Bulb Included਍ഀ Ballast: 120V NPF Electronic਍ഀ Photocell Included਍ഀ Replacement Bulb: 97045਍ഀ UTILITY APPROVAL & VERIFICATION਍ഀ .rrn serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to਍ഀ ,,y service availability and location for new construction and should be used in conjunction with preparing your utility plan and਍ഀ eduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities਍ഀ ,jr approval and verification.਍ഀ Authorized Signature਍ഀ QWEST਍ഀ 970.513:7189 (tel)਍ഀ 970.384.0257(fax)਍ഀ 970.687.0722 (cell)਍ഀ Contacts: Steve Waters਍ഀ swaters(@gwest.com਍ഀ EXCEL HIGH PRESSURE GAS਍ഀ 970.262.4076 (tel)਍ഀ 970.468.1401 (fax)਍ഀ Contact: Rich Sisneros਍ഀ HOLY CROSS ELECTRIC਍ഀ 970.947.5425 (tel)਍ഀ 970.945.4081 (fax)਍ഀ Contact: Jeff Vroom਍ഀ ivroomCcbholycross.com਍ഀ EXCEL ENERGY਍ഀ 970.262.4038 (fax)਍ഀ Contacts:਍ഀ Kit Bogart 970.262.4024਍ഀ Katherine Bogert਍ഀ ,~AGLE RIVER WATER &਍ഀ SANITATION DISTRICT਍ഀ 970.476.7480 (tel)਍ഀ 970.476.4089 (fax)਍ഀ Contact: Fred Haslee਍ഀ fhaslee(&erwsd.or9਍ഀ COMCAST CABLE਍ഀ 970.468.2669 ext. 1100 (tel)਍ഀ 970.468.2672 (fax)਍ഀ Contact: Brad Dorcas਍ഀ bradely dorcas(&cable.comcast.com਍ഀ Comments਍ഀ Date਍ഀ A(4--m਍ഀ NOTES:਍ഀ 1. If the utility approval & verification form has signatures from each of the utility companies, and no comments are made directly਍ഀ on the form, the Town will presume that there are no problems and the development can proceed.਍ഀ 2. If a utility company has concerns with the proposed construction, the utility representative shall note directly on the utility਍ഀ verification form that there is a problem which needs to be resolved. The issue should then be detailed in an attached letter to the਍ഀ Town of Vail. However, please keep in mind that it is the responsibility of the utility company and the applicant to resolve identified਍ഀ problems.਍ഀ 3. These verifications do not relieve the contractor of the responsibility to obtain a Public Way Permit from the Department of Public਍ഀ Works at the Town of Vail. Utility locations must be obtained before digging in any public right-of-way or easement within਍ഀ the Town of Vail. A_ buildina hermit is not a Public Way permit and must be obtained separately.਍ഀ r਍ഀ The Developer is required and agrees to submit any revised drawings to the utilities for re-approval & re-verification if the਍ഀ ubmitted plans are altered in any way after the authorized signature date (unless otherwise specifically noted within the comment.਍ഀ --,&ea of this form).਍ഀ Developer's Signature਍ഀ F:\cdev\FORMS\PERMITS\Planning\drb new_construction_11-23-2005.doc਍ഀ Date਍ഀ Page 9 of 14 11/23/2005਍ഀ (d) £66Z-9Z6 (OZ6)਍ഀ (d) £66f9Z6 (W)਍ഀ Z-9:101 NOISInIa8ns SNHHaHIS :9fIS਍ഀ Z9918 OD'TVA਍ഀ ~r਍ഀ a e਍ഀ 6 6਍ഀ x਍ഀ 6਍ഀ p਍ഀ 8਍ഀ _਍ഀ OZ918 OQd2i0lOJ'NOAd਍ഀ ISSM QVOU ROVINOXI HMOS KZZ਍ഀ SZ8iXOa'O'd਍ഀ JNI LJ~ LIHJ1 ~NIA~'I H L~fl਍ഀ ~I~~QISH?I ~~tIZSI~I~MOH਍ഀ ~਍ഀ a਍ഀ o -510਍ഀ m m 'y m਍ഀ J ~ ~ ~ J਍ഀ Beth Levine਍ഀ From: OCARS_Pro@uncc.org਍ഀ Sent: Thursday, June 05, 2008 10:16 AM਍ഀ To: BETH@BETHLEVINEARCHITECT.COM਍ഀ Subject: UNCC EMLCFM 2008/06/05 #00361 A0138168-01A SHRT 2NDR਍ഀ Importance: High਍ഀ EMLCFM 00361 UNCCa 06/05/08 10:15 AM A0138168-01A NONC 2NDR STRT LREQ਍ഀ Ticket Nbr: A0138168-01A਍ഀ Original Call Date: 06/02/08 Time: 03:07 PM Op: JFB਍ഀ Locate By Date : 06/05/08 Time: 10:12 AM Meet: N Extended job: N਍ഀ State: CO County: EAGLE City: VAIL਍ഀ Addr: 2754 Street: S FRONTAGE RD W਍ഀ Grids: 05S080W05SW : 05S080W06SE Legal: N਍ഀ Lat/Long: 39.645565/-106.378465 39.645565/-106.376624਍ഀ : 39.644066/-106.378465 39.644066/-106.376624਍ഀ Type of Work: FOUNDATIONS Exp.: N Boring: N਍ഀ Reason for Resend: INCOMPLETE LOC਍ഀ Location: LOC ENTIRE LOT*ACCESS OPEN**PAINT/FLAG/SKETCH*਍ഀ : *2NOTC-THE FOLLOWING UTILS PLS RESP TO LOC ASAP OR CALL CUST:਍ഀ : CATV/GAS/ELEC ONLY NEED RESPOND*਍ഀ : 2ND NOTICE BY JFB, 06/05/2008 10:12 AM਍ഀ Company : BETH LEVINE ARCHITECT INC Type: OTHR਍ഀ Caller : BETH LEVINE Phone: (970)926-4993਍ഀ Alt Cont: CELL Phone: (970)376-4736਍ഀ Fax: (970)926-2993 Email: BETH@BETHLEVINEARCHITECT.COM਍ഀ Done for: LORRAINE HOWENSTINE H/0਍ഀ Remarks:਍ഀ Members CMSAVI = COMCAST-CATV HCEL03 = HOLY CROSS ENERGY/ ULI਍ഀ Members PCAVGI = XCEL ENERGY- MINTURN PCNG02 = XCEL ENERGY-GS-HI PRESSURE਍ഀ Members QLNCWI3= QWEST LOCAL NETWORK਍ഀ You are responsible for contacting any other utilities that are not listed above including਍ഀ the following tier 2 members not notified by the center:਍ഀ ERWS01 EAGLE RIVER WATER & SAN (970)476-7480਍ഀ VAIL01 TOWN OF VAIL (970)479-2158਍ഀ 1਍ഀ Beth Levine਍ഀ From: OCARS_Pro@uncc.org਍ഀ Sent: Thursday, June 05, 2008 12:56 AM਍ഀ To: BETH@BETHLEVINEARCHITECT.COM਍ഀ Subject: UNCC EMLCFM 2008/06/05 #00421 A0138168-OOA NORM RESP਍ഀ EMLCFM 00421 UNCCb 06/05/08 12:56 AM A0138168-OOA NORM RESP STRT LREQ਍ഀ This is an automatically generated response. Please do not reply to this message.਍ഀ Ticket : A0138168 Rev: OOA Taken: 06/02/08 03:04 PM਍ഀ State: CO Cnty: EAGLE Place: VAIL਍ഀ Address : 2754 S FRONTAGE RD W਍ഀ Work date: 06/05/08 07:00 AM਍ഀ Utility਍ഀ Description਍ഀ Response਍ഀ CMSAVI਍ഀ COMCAST-CATV਍ഀ 06/04/08 11:59਍ഀ PM 999਍ഀ FACILITY OWNER HAS NOT਍ഀ POSTED +RESPONSE਍ഀ TO UNCC਍ഀ HCEL03਍ഀ HOLY CROSS ENERGY/ ULI਍ഀ 06/04/08 11:59਍ഀ PM 999਍ഀ FACILITY OWNER HAS NOT਍ഀ POSTED +RESPONSE਍ഀ TO UNCC਍ഀ PCAVGI਍ഀ XCEL ENERGY- MINTURN਍ഀ 06/04/08 11:59਍ഀ PM 999਍ഀ FACILITY OWNER HAS NOT਍ഀ POSTED +RESPONSE਍ഀ TO UNCC਍ഀ PCNG02਍ഀ XCEL ENERGY-GS-HI PRESSUR 06/04/08 11:59਍ഀ PM 999਍ഀ FACILITY OWNER HAS NOT਍ഀ POSTED +RESPONSE਍ഀ TO UNCC਍ഀ QLNCWI3਍ഀ QWEST LOCAL NETWORK਍ഀ 06/02/08 04:18਍ഀ PM 002਍ഀ CLEAR - NO CONFLICT਍ഀ 1਍ഀ ALTA Cormnitment (6/17/06)਍ഀ ALTA Commitment Form਍ഀ COMMITMENT FOR TITLE INSURANCE਍ഀ Issued by਍ഀ stewwt਍ഀ 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:,,਍ഀ Au਍ഀ co"਍ഀ Stewart Title of Colorado, Inc.਍ഀ Vail Division਍ഀ 97 Main Street, Suite W-201਍ഀ Edwards, Colorado 81632਍ഀ Phone: 970-926-0230਍ഀ Fax: 970-926-0235਍ഀ Order Number: 10039E਍ഀ title guaranty company਍ഀ Senior Chairman of tke rd਍ഀ Chairman of the Board਍ഀ President਍ഀ ALTA Commitment (6/17/06)਍ഀ COMMITMENT FOR TITLE INSURANCE਍ഀ SCHEDULE A਍ഀ 1. Effective Date: July 3, 2008, at 7:30 A.M.਍ഀ 2. Policy or Policies To Be Issued:਍ഀ (a) A.L.T.A. Owner's਍ഀ I਍ഀ (b) A.L.T.A. Loan਍ഀ Order Number: 10039B਍ഀ 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 Fee Simple estate or interest in said land is at the effective date hereof vested in:਍ഀ THOMAS R. FRONING and MARGARET K FRONING਍ഀ 5. The land referred to in this Commitment is described as follows:਍ഀ Parcel B1,਍ഀ A RESUBDIVISION OF PARCEL B, AMENDED PLAT, STEPHENS SUBDIVISION,਍ഀ According to the Plat recorded January 7, 2008 as Reception No. 200800418.਍ഀ COUNTY OF EAGLE਍ഀ STATE OF COLORADO.਍ഀ Purported Address:਍ഀ 2754 South Frontage Road West BI਍ഀ Vail, Colorado 81657਍ഀ Order Number. 10039E ~.~y਍ഀ ALTA Commitment (6117/06) - Schedule A s LI਍ഀ Page I of I title guaranty company਍ഀ COMMITMENT FOR TITLE INSURANCE਍ഀ SCHEDULE B - Section 1਍ഀ REQUIREMENTS਍ഀ Order Number: 10039B਍ഀ The following are the requirements to be complied with:਍ഀ 1. None, this report has been prepared for informational purposes only.਍ഀ Order Number: 100398਍ഀ ALTA Commitment (6/17/06) - Schedule B I਍ഀ Page 1 of 1਍ഀ Fv e~I Va t਍ഀ title guereM company਍ഀ COMMITMENT FOR TITLE INSURANCE਍ഀ SCHEDULE B - Section 2਍ഀ EXCEPTIONS਍ഀ Order Number: 10039B਍ഀ 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 alien, 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. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof,਍ഀ recorded April 18, 1934 in Book 123 at Page 3, 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.਍ഀ 11. Right of way for the uninterrupted flow of Gore Creek.਍ഀ 12. Gas System utility Easement granted to Public Service Company of Colorado by Allen J. Stephens਍ഀ and Marion Stephens in document recorded June 27, 1978 in Book 271 at Page 534 as Reception਍ഀ No. 167934.਍ഀ 13. All matters as shown on the Amended Plat, Stephens Subdivision, recorded March 19, 1985 in਍ഀ Order Number: 10039E -y਍ഀ ALTA Commitment (6/17/06) - Schedule B 2 st਍ഀ Page 1 oft title guaranty company਍ഀ Book 409 at Page 160 as Reception No. 305440.਍ഀ 14. Conveyance of easement from Allen J. Stephens and Marian L. Stephens to Charles and਍ഀ Charmayne Bernhardt recorded April 5, 1985 in Book 410 at Page 772 as Reception No. 307051.਍ഀ 15. All matters as shown on the Final Plat, A Resubdivision of Parcel B, Amended Plat Stephens਍ഀ Subdivision recorded June 5, 2001 as Reception No. 758778.਍ഀ 16. Partywall Agreement and Declaration of Covenants, Conditions and Reservations for Final Plat, A਍ഀ Resubdivision of Parcel B, Amended Plat Stephens Subdivision recorded June 5, 2001 as਍ഀ Reception No. 758779.਍ഀ 17. Any and all existing leases and tenancies.਍ഀ 18. All matters shown on the plat recorded January 7, 2008 as Reception No. 200800418.਍ഀ 19. A Deed of Trust dated January 7, 2008, executed by Thomas R. Froning and Margaret K. Froning,਍ഀ to the Public Trustee, to secure an indebtedness of $417,000.00 in favor of American Mortgage਍ഀ Network recorded January 16, 2008 as Reception No. 200801114.਍ഀ 20. A Deed of Trust dated January 7, 2008, executed by Thomas R. Froning and Margaret K. Froning,਍ഀ to the Public Trustee, to secure an indebtedness of $118,000.00 in favor of Compass Bank recorded਍ഀ January 16, 2008 as Reception No. 200801115.਍ഀ Order Number. nt 7 S ~I \I a L਍ഀ ALTA Commitment (6117/06) - Schedule 8 2਍ഀ Page 2 of 2 L-. We guaranty company਍ഀ Order Number: 10039B਍ഀ DISCLOSURES਍ഀ Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that:਍ഀ A. The subject real property may be located in a special taxing district;਍ഀ B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the਍ഀ county treasurer's authorized agent;਍ഀ C. Information regarding special districts and the boundaries of such districts may be obtained from the board of਍ഀ county commissioners, the county clerk and recorder, or the county assessor.਍ഀ Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall਍ഀ be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts਍ഀ the closing and is responsible for recording or filing of legal documents resulting from the transaction which was਍ഀ closed" Provided that Stewart Title of Colorado, Inc- conducts the closing of the insured transaction and is਍ഀ responsible for recording the legal documents from the transaction, exception number 5 will not appear on the਍ഀ Owner's Title Policy and the Lender's Title Policy when issued਍ഀ Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception਍ഀ No. 4 of Schedule 13, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the਍ഀ following conditions:਍ഀ A. The land described in Schedule A of this commitment must be a single-family residence, which includes a਍ഀ condominium or townhouse unit.਍ഀ B. No labor or materials have been furnished by mechanics or materiahnen for purposes of construction on਍ഀ the land described in Schedule A of this Commitment within the past 6 months.਍ഀ C. The Company must receive an appropriate affidavit indemnifying the Company against unfilled਍ഀ mechanic's and Materialmen's Liens.਍ഀ D. The Company must receive payment of the appropriate premium਍ഀ E. If there has been construction, improvements or major repairs undertaken on the property to be purchased,਍ഀ within six months prior to the Date of the Commitment, the requirements to obtain coverage for਍ഀ unrecorded liens will include: disclosure of certain construction information; financial information as to਍ഀ the seller, the builder and/or the contractor, payment of the appropriate premium; fully executed Indemnity਍ഀ agreements satisfactory to the company; and, any additional requirements as may be necessary after an਍ഀ examination of the aforesaid information by the Company.਍ഀ No coverage will be given under any circumstances for labor or material for which the insured has contracted for or਍ഀ agreed to pay.਍ഀ Note: Pursuant to C.R.S. 10-11-123, notice is hereby given:਍ഀ A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the਍ഀ surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas,਍ഀ other minerals, or geothermal energy in the property; and਍ഀ B. That such mineral estate may include the right to enter and use the property without the surface owner's਍ഀ permission.਍ഀ This notice applies to owner's policy commitments containing a mineral severance instrurnent exception, or exceptions,਍ഀ in Schedule B, Section 2.਍ഀ NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE਍ഀ ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY਍ഀ SATISFIED.਍ഀ Order Number. 10039B਍ഀ Disclosures਍ഀ Stewart Title Guaranty Company਍ഀ Privacy Policy Notice਍ഀ PURPOSE OF THIS NOTICE਍ഀ Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,਍ഀ directly or through its affiliates, from sharing nonpublic personal information about you with a਍ഀ nonaffiliated third party unless the institution provides you with a notice of its privacy policies਍ഀ and practices, such as the type of information that it collects about you and the categories of਍ഀ persons or entities to whom it may be disclosed. In compliance with the GLBA, we are਍ഀ providing you with this document, which notifies you of the privacy policies and practices of਍ഀ Stewart Title Guaranty Company.਍ഀ We may collect nonpublic personal information about you from the following sources:਍ഀ • Information we receive from you, such as on applications or other forms.਍ഀ • Information about your transactions we secure from our files, or from our affiliates or਍ഀ others.਍ഀ • Information we receive from a consumer reporting agency.਍ഀ • Information that we receive from others involved in your transaction, such as the real਍ഀ estate agent or lender.਍ഀ Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional਍ഀ nonpublic personal information will be collected about you.਍ഀ We may disclose any of the above information that we collect about our customers or former਍ഀ customers to our affiliates or to nonaffiliated third parties as permitted by law.਍ഀ We also may disclose this information about our customers or former customers to the਍ഀ following types of nonaffiliated companies that perform marketing services on our behalf or਍ഀ with whom we have joint marketing agreements:਍ഀ • Financial service providers such as companies engaged in banking, consumer finance,਍ഀ securities and insurance.਍ഀ • Non-financial companies such as envelope stuffers and other fulfillment service਍ഀ providers.਍ഀ WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU਍ഀ WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY਍ഀ LAW.਍ഀ We restrict access to nonpublic personal information about you to those employees who need਍ഀ to know that information in order to provide products or services to you. We maintain਍ഀ physical, electronic, and procedural safeguards that comply with federal regulations to guard਍ഀ your nonpublic personal information.਍ഀ Stewart Title of Colorado, Inc.਍ഀ Privacy Policy Notice਍ഀ PURPOSE OF THIS NOTICE਍ഀ Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,਍ഀ directly or through its affiliates, from sharing nonpublic personal information about you with a਍ഀ nonaffiliated third party unless the institution provides you with a notice of its privacy policies਍ഀ and practices, such as the type of information that it collects about you and the categories of਍ഀ persons or entities to whom it may be disclosed. In compliance with the GLBA, we are਍ഀ providing you with this document, which notifies you of the privacy policies and practices of਍ഀ Stewart Title of Colorado, Inc.਍ഀ We may collect nonpublic personal information about you from the following sources:਍ഀ • Information we receive from you, such as on applications or other forms.਍ഀ • Information about your transactions we secure from our files, or from our affiliates or਍ഀ others.਍ഀ • Information we receive from a consumer reporting agency.਍ഀ • Information that we receive from others involved in your transaction, such as the real਍ഀ estate agent or lender.਍ഀ Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional਍ഀ nonpublic personal information will be collected about you.਍ഀ We may disclose any of the above information that we collect about our customers or former਍ഀ customers to our affiliates or to nonaffiliated third parties as permitted by law.਍ഀ We also may disclose this information about our customers or former customers to the਍ഀ following types of nonaffiliated companies that perform marketing services on our behalf or਍ഀ with whom we have joint marketing agreements:਍ഀ • Financial service providers such as companies engaged in banking, consumer finance,਍ഀ securities and insurance.਍ഀ • Non-financial companies such as envelope stuffers and other fulfillment service਍ഀ providers.਍ഀ WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU਍ഀ WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY਍ഀ LAW.਍ഀ We restrict access to nonpublic personal information about you to those employees who need਍ഀ to know that information in order to provide products or services to you. We maintain਍ഀ physical, electronic, and procedural safeguards that comply with federal regulations to guard਍ഀ your nonpublic personal information.਍ഀ Stewart Title of Colorado, Inc.਍ഀ DISCLOSURE਍ഀ The title company, Stewart Title of Colorado, Inc. - in its capacity as escrow agent, has਍ഀ been authorized to receive funds and disburse them when all funds received are either: (a)਍ഀ available for immediate withdrawal as a matter of right from the financial institution in਍ഀ which the funds are deposited, or (b) are available for immediate withdrawal as a਍ഀ consequence of an agreement of a financial institution in which the funds are to be਍ഀ deposited or a financial institution upon which the funds are to be drawn.਍ഀ The title company is disclosing to you that the financial institution may provide the title਍ഀ company with computer accounting or auditing services, or other bank services, either਍ഀ directly or through a separate entity which may or may not be affiliated with the title਍ഀ company. This separate entity may charge the financial institution reasonable and proper਍ഀ compensation for these services and retain any profits there from.਍ഀ The title company may also receive benefits from the financial institution in the form of਍ഀ advantageous interest rates on loan, sometimes referred to as preferred rate loan਍ഀ programs, relating to loans the title company has with the financial institution. The title਍ഀ company shall not be liable for any interest or other charges on the earnest money and਍ഀ shall be under no duty to invest or reinvest funds held by it at any time. In the event that਍ഀ the parties to this transaction have agreed to have interest on earnest money deposit਍ഀ transferred to a fund established for the purpose of providing affordable housing to਍ഀ Colorado residents, then the earnest money shall remain in an account designated for such਍ഀ purpose, and the interest money shall be delivered to the title company at closing.਍ഀ CONDITIONS਍ഀ 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security਍ഀ instrument.਍ഀ 2. If the proposed Insured has or acquired actual knowledge of any defect, hen, 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.਍ഀ 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and਍ഀ such parties included under the definition of Insured in the form of policy or policies committed for਍ഀ and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with਍ഀ the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or਍ഀ create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such਍ഀ liability exceed the amount stated in Schedule A for the policy or policies committed for and such਍ഀ liability is subject to the insuring provisions and Conditions and 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਍ഀ http://www.alta.org.਍ഀ rt਍ഀ title compan਍ഀ guaranty Y਍ഀ 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.਍ഀ a'਍ഀ Land Title Guarantee Company਍ഀ CUSTOMER DISTRIBUTION਍ഀ [..and Title਍ഀ GUARANTEE COMPANY਍ഀ Date: 07-23-2008 Our Order Number: VTF50013695-4਍ഀ Property Address:਍ഀ 2754 S. FRONTAGE RD. W. AKA LOT B-2 STEPHENS SUB VAIL, CO 81657਍ഀ If you have any inquiries or require further assistance, please contact one of the numbers below.਍ഀ For Closing Assistance:਍ഀ For Title Assistance:਍ഀ Kimmy Peterson਍ഀ Vail Title "VTF" Unit਍ഀ 108 S FRONTAGE RD W #203਍ഀ Roger Avila਍ഀ PO BOX 357਍ഀ 108 S FRONTAGE RD W #203਍ഀ VAIL, CO 81657਍ഀ PO BOX 357਍ഀ Phone: 9704774519਍ഀ VAIL, CO 81657਍ഀ Fax: 877-268-4359਍ഀ Phone: 970-476-2251਍ഀ EMail: kpeterson@Itgc.com਍ഀ Fax: 970-476-4732਍ഀ EMail: ravila@ltgc.com਍ഀ FIRSTBANK OF VAIL਍ഀ 17 VAIL ROAD਍ഀ VAIL, CO 81657਍ഀ Attn: DAVE PORTMAN਍ഀ Phone: 970-479-3308਍ഀ Fax: 970479-3309਍ഀ EMail: david.portman@efirstbank.com਍ഀ Linked Commitment Delivery਍ഀ Land Title Guarantee Company਍ഀ ~n~ Tide Date: 07-23-2008਍ഀ (WARANTEE COMPANY Our Order Number: VTF50013695-4਍ഀ Property Address:਍ഀ 2754 S. FRONTAGE RD. W. AKA LOT B-2 STEPHENS SUB VAIL, CO 81657਍ഀ Owner:਍ഀ ANNE LORRAINE HOWENSTINE਍ഀ Wire Information:਍ഀ Bank: FIRSTBANX OF COLORADO਍ഀ 10403 W COLFAX AVENUE਍ഀ LAKEWOOD, CO 80215਍ഀ Phone: 303-237-5000਍ഀ Credit: LAND TITLE GUARANTEE COMPANY਍ഀ ABA No.: 107005047਍ഀ Account: 2160521825਍ഀ Attention: IGmmy Peterson਍ഀ Note: Once an original commitment has been issued, any subsequent਍ഀ modifications will be emphasized by underlining.਍ഀ Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com਍ഀ IVl EuIC000II3iW dil Ul URr .7Y UlIICe IUCauUnS.਍ഀ ESTIMATE OF TITLE FEES਍ഀ ALTA Loan Policy 10-17-92 (Reissue Rate) TBD਍ഀ Tax Report R052286 & P024477 $30.00਍ഀ TOTAL $30.00਍ഀ TOM COATWT.L (0/2003) THANK YOU FOR YOUR ORDER!਍ഀ Chicago Title Insurance Company਍ഀ ALTA COMMITMENT਍ഀ Our Order No. VTF50013695-4਍ഀ Schedule A Cust. Ref.:਍ഀ Property Address:਍ഀ 2754 S. FRONTAGE RD. W. AKA LOT B-2 STEPHENS SUB VAIL, CO 81657਍ഀ 1. Effective Date: April 20, 2006 at 5:00 P.M.਍ഀ 2. Policy to be Issued, and Proposed Insured:਍ഀ "ALTA" Loan Policy 10-17-92 0.00਍ഀ Proposed Insured:਍ഀ FIRSTBANK OF VAIL, ITS SUCCESSORS AND/OR ASSIGNS਍ഀ 3. The estate or interest in the Land described or referred to in this Commitment and covered herein is:਍ഀ A Fee Simple਍ഀ 4. Title to the estate or interest covered herein is at the effective date hereof vested in:਍ഀ ANNE LORRAINE HOWENSTINE਍ഀ 5. The Land referred to in this Commitment is described as follows:਍ഀ PARCEL B-2, FINAL PLAT, A RESUBDIVISION OF PARCEL B, AMENDED PLAT OF STEPHENS਍ഀ SUBDIVISION, ACCORDING TO THE PLAT RECORDED JUNE 5, 2001 AT RECEPTION NO.਍ഀ 758778, COUNTY OF EAGLE, STATE OF COLORADO.਍ഀ ALTA COMMITMENT਍ഀ Schedule B - Section 1਍ഀ (Requirements) Our Order No. VTF50013695-4਍ഀ The following are the requirements to be complied with:਍ഀ Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or਍ഀ interest to be insured.਍ഀ Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,਍ഀ to-wit:਍ഀ Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due਍ഀ and payable.਍ഀ Item (d) Additional requirements, if any disclosed below:਍ഀ 1. RELEASE OF DEED OF TRUST DATED APRIL 16, 2004 FROM ANNE LORRAINE HOWENSTINE਍ഀ TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF AMFIRST BANK TO਍ഀ SECURE THE SUM OF $200,000.00 RECORDED APRIL 23, 2004, UNDER RECEPTION NO.਍ഀ 874581.਍ഀ 2. DEED OF TRUST FROM ANNE LORRAINE HOWENSTINE TO THE PUBLIC TRUSTEE OF EAGLE਍ഀ COUNTY FOR THE USE OF FIRSTBANK OF VAIL TO SECURE THE SUM OF 0.00.਍ഀ NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED.਍ഀ NOTE: ITEM 4 OF THE GENERAL EXCEPTIONS WILL BE DELETED UPON RECEIPT OF A਍ഀ NOTARIZED FINAL LIEN AFFIDAVIT.਍ഀ IF THERE IS A CHANGE IN OWNERSHIP OF THE PROPERTY TO BE INSURED HEREIN FROM਍ഀ THE VESTED OWNER SET FORTH IN ITEM 4 OF SCHEDULE A HEREIN, THE TERMS,਍ഀ PROVISIONS AND CONDITIONS OF THE TOWN OF VAIL TRANSFER TAX MAY BE਍ഀ APPLICABLE.਍ഀ NOTICE OF FEE CHANGE, EFFECTIVE SEPTEMBER 1, 2002਍ഀ Pursuant to Colorado Revised Statute 30-10-421, "The county clerk and recorder shall collect a surcharge of $1.00 for਍ഀ each document received for recording or filing in his or her office. The surcharge shall be in addition to any other਍ഀ fees permitted by statute."਍ഀ ALTA COMMITMENT਍ഀ Schedule B - Section 2਍ഀ (Exceptions) Our Order No. VTF50013695-4਍ഀ 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 record.਍ഀ 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 theretofore or hereafter furnished, imposed by law and਍ഀ not shown by the public records.਍ഀ 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or਍ഀ attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for਍ഀ value the estate or interest or mortgage thereon covered by this Commitment.਍ഀ 6. Taxes or special assessments which are not shown as existing liens by the public records.਍ഀ 7. Liens for unpaid water and sewer charges, if any.਍ഀ 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof.਍ഀ 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE਍ഀ THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES਍ഀ AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 18, 1934, IN BOOK 123਍ഀ AT PAGE 3.਍ഀ 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE਍ഀ UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 18, 1934,਍ഀ IN BOOK 123 AT PAGE 3.਍ഀ 11. UTILITY EASEMENT AS GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO IN਍ഀ INSTRUMENT RECORDED JUNE 27, 1978, IN BOOK 271 AT PAGE 534 AND IN BOOK 271਍ഀ AT PAGE 535.਍ഀ 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON਍ഀ THE RECORDED PLAT OF STEPHENS SUBDIVISION.਍ഀ 13. EASEMENT AND RIGHT OF WAY OF GORE CREEK AS IT AFFECTS SUBJECT PROPERTY.਍ഀ 14. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON਍ഀ ALTA COMMITMENT਍ഀ Schedule B - Section 2਍ഀ (Exceptions) Our Order No. VTF50013695-4਍ഀ 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:਍ഀ THE RESUBDMSION PLAT OF PARCEL B., AMENDED PLAT STEPHENS SUBDIVISION਍ഀ RECORDED JUNE 5, 2001 AT RECEPTION NO. 758778.਍ഀ 15. TERMS, CONDITIONS, AND PROVISIONS OF PARTY WALL AGREEMENT RECORDED JUNE 05,਍ഀ 2001, UNDER RECEPTION NO. 758779.਍ഀ LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION਍ഀ DISCLOSURE STATEMENTS਍ഀ Note: Pursuant to CRS 10-11-122, notice is hereby given that:਍ഀ A) The subject real property may be located in a special taxing district.਍ഀ B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County਍ഀ Treasurer's authorized agent.਍ഀ C) The information regarding special districts and the boundaries of such districts may be obtained from਍ഀ the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.਍ഀ Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing਍ഀ in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom਍ഀ margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that਍ഀ does not conform, except that, the requirement for the top margin shall not apply to documents using forms਍ഀ on which space is provided for recording or filing information at the top margin of the document.਍ഀ Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every਍ഀ title entity shall be responsible for all matters which appear of record prior to the time of recording਍ഀ whenever the title entity conducts the closing and is responsible for recording or filing of legal਍ഀ documents resulting from the transaction which was closed". Provided that Land Title Guarantee਍ഀ Company conducts the closing of the insured transaction and is responsible for recording the਍ഀ legal documents from the transaction, exception number 5 will not appear on the Owner's Title਍ഀ Policy and the Lenders Policy when issued.਍ഀ Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion਍ഀ of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be਍ഀ issued) upon compliance with the following conditions:਍ഀ A) The land described in Schedule A of this commitment must be a single family residence which਍ഀ includes a condominium or townhouse unit.਍ഀ B) No labor or materials have been furnished by mechanics or material-men for purposes of਍ഀ construction on the land described in Schedule A of this Commitment within the past 6 months.਍ഀ C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed਍ഀ mechanic's and material-men's liens.਍ഀ D) The Company must receive payment of the appropriate premium.਍ഀ E) If there has been construction, improvements or major repairs undertaken on the property to be purchased਍ഀ within six months prior to the Date of the Commitment, the requirements to obtain coverage਍ഀ for unrecorded liens will include: disclosure of certain construction information; financial information਍ഀ as to the seller, the builder and or the contractor; payment of the appropriate premium fully਍ഀ executed Indemnity Agreements satisfactory to the company, and, any additional requirements਍ഀ as may be necessary after an examination of the aforesaid information by the Company.਍ഀ No coverage will be given under any circumstances for labor or material for which the insured਍ഀ has contracted for or agreed to pay.਍ഀ Note: Pursuant to CRS 10-11-123, notice is hereby given:਍ഀ This notice applies to owner's policy commitments containing a mineral severance instrument਍ഀ exception, or exceptions, in Schedule B, Section 2.਍ഀ A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise਍ഀ conveyed from the surface estate and that there is a substantial likelihood that a third party਍ഀ holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and਍ഀ B) That such mineral estate may include the right to enter and use the property without the਍ഀ surface owner's permission.਍ഀ Nothing herein contained will be deemed to obligate the company to provide any of the coverages਍ഀ referred to herein unless the above conditions are fully satisfied.਍ഀ Four DIS=URE 09/01/02਍ഀ NOTICE OF PRIVACY POLICY਍ഀ Fidelity National Financial Group of Companies / Chicago Title Insurance Company਍ഀ Security Union Title Insurance Company਍ഀ July 1, 2001਍ഀ We recognize and res ect the privacy expectations of today's consumers and the requirements of applicable federal and਍ഀ state privacx laws. We believe that making you aware of how we use your non-pubic personal information ("Personal਍ഀ Information'), an d to whom it is disclosed, will form the basis for a relationship of trust between us and the public਍ഀ that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy਍ഀ Statement from time to time consistent with applicable privacy laws.਍ഀ In the course of our business, we may collect Personal Information about you from the following sources:਍ഀ * From applications or other forms we receive from you or your authorized representative;਍ഀ * From your transactions with, or from the services being performed by, us, our affiliates, or others;਍ഀ * From our internet web sites;਍ഀ * From the public records maintained by governmental entities that we either obtain directly from those਍ഀ entities, or from our affiliates or others; and਍ഀ * From consumer or other reporting agencies.਍ഀ Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information਍ഀ We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized਍ഀ access or intrusion. We limit access to the Personal Information only to those employees who need such access in਍ഀ connection with providing products or services to you or for other legitimate business purposes.਍ഀ Our Policies and Practices Regarding the Sharing of Your Personal Information਍ഀ We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real਍ഀ estate settlement service providers. We also may disclose your Personal Information:਍ഀ * to agents, brokers or representatives to provide youu with services you have requested;਍ഀ * to third-party contractors or service providers who provide services or perform marketing or other਍ഀ functions on our behalf; and਍ഀ * to others with whom we enter into joint marketing agreements for products or services that we believe you਍ഀ may find of interest.਍ഀ In addition we will disclose your Personal Information when you direct or ggi~ve us permission, when we are required਍ഀ by law to ao so, or when we suspect fraudulent or criminal activities. We so may disclose your Personal਍ഀ Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed਍ഀ to enforce our rights arising out of any agreement, transaction or relationship with you.਍ഀ One of the important responsibilities of some of our affiliated companies is to record documents in the public਍ഀ domain. Such documents may contain your Personal Information.਍ഀ Right to Access Your. Personal Information and Ability to Correct Errors Or Request Changes Or Deletion਍ഀ Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out਍ഀ to whom your Personal Information has been disclosed. Also, certain states afford you the right to request਍ഀ correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to਍ഀ charge a reasonable fee to cover the costs incurred in responding to such requests.਍ഀ All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Company਍ഀ shall be in writing, and delivered to the following address:਍ഀ Privacy Compliance Officer਍ഀ Fideli ty National Financial, Inc.਍ഀ 4050 Palle Real, Suite 220਍ഀ Santa Barbara, CA 93110਍ഀ Multiple Products or Services਍ഀ If we provide you with more than one financial product or service, you may receive more than one privacy notice਍ഀ from us. We apologize for any inconvenience this may cause you.਍ഀ Form PRIV.POL.CHI਍ഀ NOTICE OF PRIVACY POLICY OF਍ഀ LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION਍ഀ AND਍ഀ MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D/B/A਍ഀ LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION਍ഀ This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and਍ഀ Meridian Land Title, LLC, d/b/a Land Title Guarantee Company - Grand Junction.਍ഀ We want you to know that we recognize and respect your privacy expectations and the requirements of federal਍ഀ and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your਍ഀ trust and confidence is the bedrock of our business. We maintain and regularly review internal and external਍ഀ safeguards against unauthorized access to non-public personal information ("Personal Information").਍ഀ In the course of our business, we may collect Personal Information about you from:਍ഀ * applications or other forms we receive from you, including communications sent through TMX, our਍ഀ web-based transaction management system;਍ഀ * your transactions with, or from the services being performed by, us, our affiliates, or others;਍ഀ * a consumer reporting agency, if such information is provided to us in connection with your transaction;਍ഀ and਍ഀ * the public records maintained by governmental entities that we either obtain directly from those entities,਍ഀ or from our affiliates and non-affiliates.਍ഀ Our policies regarding the protection of the confidentiality and security of your Personal Information are as਍ഀ follows:਍ഀ * We restrict access to all Personal Information about you to those employees who need to know that਍ഀ information in order to provide products and services to you.਍ഀ * We maintain physical, electronic and procedural safeguards that comply with federal standards to਍ഀ protect your Personal Information from unauthorized access or intrusion.਍ഀ * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary਍ഀ action.਍ഀ * We regularly access security standards and procedures to protect against unauthorized access to Personal਍ഀ Information.਍ഀ WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR਍ഀ ANY PURPOSE THAT IS NOT PERMITTED BY LAW.਍ഀ Consistent with applicable privacy laws, there are some situations in which Personal Information may be਍ഀ disclosed. We may disclose your Personal Information when you direct or give us permission; when we are਍ഀ required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or਍ഀ criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable਍ഀ privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement,਍ഀ transaction or relationship with you.਍ഀ Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our਍ഀ privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American਍ഀ Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court਍ഀ having jurisdiction thereof.਍ഀ Fonn PRIV. POL. LTG. 1਍ഀ CHICAGO TITLE INSURANCE COMPANY਍ഀ COMMITMENT FOR TITLE INSURANCE਍ഀ CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company for a valuable consideration, hereby 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 covered hereby in the land described or਍ഀ referred to in Schedule A. upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditioins and Stipulations hereof.਍ഀ 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 hereof਍ഀ by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement.਍ഀ This Commitment is prelindrwry to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the਍ഀ effective date hereof or when the policy or policies committed for shah issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of਍ഀ the Company. This Commitment shad not be vard or binding until countersigned by an authorized officer or agent.਍ഀ IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the਍ഀ Company, all in accordance with its By-Laws. This Cormnitment is effective as of the date shown in Schedule A as "Effective Date."਍ഀ CONDITIONS AND STIPULATIONS਍ഀ 1. The term "mortgage," when used herein, shag include deed of trust, trust deed, or other security instrument਍ഀ 2. If the proposed Insured has or acquires actual knowledge of any defect, fien, 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 fad to disclose such knowledge to the Company in writing, the Company shah be refieved਍ഀ from liability for any loss or damage resulting from any act of reliance hereon to the extent the Compaq is prqudhced by failure to so disclose such knowledge. If the proposed਍ഀ Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actuai knowledge of any such defect, fiery encumbrance, adverse cam or other਍ഀ matter, the Compaq at its option may amend Schedule B of this Commitment accordingly, but such amendment shah not relieve the Company from liability previously incurred਍ഀ pursuant to paragraph 3 of these Canckdon and Stipulation.਍ഀ 3. Liability of the Company under this Commitment shah be only to the named proposed Inured and such parties included under the definition of the Inured in the form of policy or਍ഀ policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith 0) to comply with the requirements hereof, or (b) to eliminate exception਍ഀ shown in Schedule B. or (q to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shag such liability exceed the amount਍ഀ stated in Schedule A for the policy or policies committed for and such liability is subject to the inuring provisions, the Exclusion from Coverage and the Condition and਍ഀ Stipulation of the form of policy or policies committed for in favor of the proposed Inured which are hereby incorporated by reference and are made a part of this Commitment਍ഀ except as expressly modified herein.਍ഀ 4. Any claim of loss or damage, whether or not based on negligence, which arises out of the status of the title to the estate or interest or the Gen of the insured mortgage covered਍ഀ hereby or any action asserting such claim, stmt be restricted to the provisions and Condition and Stipulations of this Commitment.਍ഀ Issued by:਍ഀ LAND TITLE GUARANTEE COMPANY਍ഀ 3033 EAST FIRST AVENUE h^OF਍ഀ SUITE 600 t 1POR4."\'਍ഀ PO BOX 5440 (80217) ).04਍ഀ DENVER, CO 80217 SEAL਍ഀ Audwrized Officer or Agent਍ഀ CHICAGO TITLE INSURANCE COMPANY਍ഀ fiv mp'~' L--਍ഀ President਍ഀ "'2~਍ഀ A Secretary਍ഀ