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Home My WebLink AboutDRB0804541 MWN OF A OCOMU417y GE.VELOPM U4T Design Review Board ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: KONDOS GARAGE Project Description: Participants: ADDITION OF ONE CAR GARAGE OWNER KONDOS, DANIEL P. C/O PRUDENTIAL 511 LIONSHEAD MALL VAIL CO 81657 APPLICANT RESLOCK & SULLIVAN LLC 1582 PROUTY DRIVE EVERGREEN CO 80439 License: 0000002181 09/22/2008 DRB Number: DRB080454 09/22/2008 Phone: 303-773-9578 Project Address: 1673 MATTERHORN CIR VAIL Location: WEST SIDE Legal Description: Lot: 20A Block: Subdivision: MATTERHORN VILLAGE 1ST Parcel Number: 2103-123-1501-8 Comments: BOARD/STAFF ACTION Motion By: GILLETTE Action: APPROVED Second By: DUBOIS Vote: 5-0-0 Date of Approval: 10/15/2008 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). 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 (PLAN): Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Cond: CON0010378 . r The applicant shall replace the proposed vertical siding on the front of the garage with horizontal siding to match the existing house. Cond: CON0010379 The applicant shall frame the garage door to match the window trim on the existing house. Cond: CON0010380 The applicant shall install windows in the garage door to match the windows on the existing house. Planner: Bill Gibson DRB Fee Paid: $300.00 Page 1 of 1 Bill Gibson - Kondos Residence (DRB080454) From: Bill Gibson To: Bill Reslock Date: 10/16/2008 10:07 AM Subject: Kondos Residence (DRB080454) Attachments: Hey Bill, Please find attached a copy of the design review approval for the proposed garage addition at 1673 Matterhorn Circle. Please be aware that a previous building permit for a basement addition and an exterior alteration at this residence has not yet been finalized (permit number B06-0070). Please inform Mr. Kondos that inspections must be requested to finalize this old permit as soon as possible. Additionally, all exposed exterior vents, flues, conduit, etc. must be painted to match the adjacent building wall or roof prior to request of a final Planning Division inspection. Sincerely, Bill Bill Gibson, AICP Town Planner Town of Vail p:970-479-2173 f: 970-479-2452 file://C:\Documents and Settings\AdministratorTocal Settings\Temp\XPgrpwise\48F712... 10/16/2008 Department of Community Development 75 South Frontage Road Vail, Colorado 81657 OVS tel: 970.479.2128 fax: 970.479.2452 web: vvww.vailgov.com TOr Additions- Residential or Commercial Application for Design Review General Information: This application is required for all proposals involving the addition of any floor area, including net floor area and/or gross residential floor area (GRFA). This also includes proposals for 'residential 250 additions' and 'interior conversions'. Applicable Vail Town Code sections can be found at www.vailgov.com under Vail Information - Town Code Online. All projects requiring design review must receive approval prior to submitting a building permit application. An application for Design Review cannot be accepted until all required information is received by the Community Development Department, as outlined in the submittal requirements. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design review approval expires one year from the date of approval, unless a building permit is issued and construction commences. Fee: $300 Description of the Request: Addition of 1 car garage Addition of 287 sq ft of GRFA (Residential) Addition of sq ft of net floor area (Commercial/ Office) Single Family X Duplex Multi-Family Location of the Proposal: Lot: 20A Block: Subdivision: Matterhorn Village Filing 1 Physical Address: 1673 Matterhorn Circle West Side Parcel Number: 210312315018 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: Daniel Kondos Mailing Address: 1595 North Central Expressway. Richardson, TX 75080 Phone: 214-773-3943 Owner's Signature: ►~bi`~ Primary Contact/ Owner Representative: William Reslock Mailing Address: 1582 Prouty Drive Evergreen CO 80439 Phone: 303-773-9578 E-mail Address: rsllc(&comcast.net For Office Use Only: Cash: CC: L TC: WN OF VAII Fee Paid: Check No.: Rcvd From; l Meeting Date: 0/1 y- DRS No.: ~ ® 1 Reslock and Sullivan, L.L.C. Architectural & Planning Services ~ YagiS:tfltaS,?rfA4W.g A ;:fi~4F L^ F y - M - 3k '-~,ffi3PIls'tl<'SAe:~,TW~I William F. Reslock, A.I.A. Phone (303) 773-9578 Debbie A. Sullivan, A.I.C.P. Licensed Architect Fax (303) 773-8694 Certified Planner Email: rslk@comcast.net September 19, 2008 Town of Vail Design Review Board RE: 1673 Matterhorn Circle, Lot 20 West Unit Vail, Colorado We are requesting to add a one car garage at the above property. There is currently no garage at the residence and the existing house was built before the Town of Vail had jurisdiction. The addition of the garage would enhance the off street parking and would have no negative impact on light, air, utilities or public safety. Sincerely William Reslock 1582 Prouty Drive Evergreen, Colorado 80439 Reslock and Sullivan, L.L.C. Architectural &r Planning Services William R Restock, A.I.A. Phone (303) 773-9575 Debbie A. Sullivan, A.I.C.P. Licensed Architect Fax (303) 773-8694 Certified Planner Email: rsllc@comcast.net September 19, 2008 Town of Vail Design Review Board RE: 1673 Matterhorn Circle, Lot 20A, West Unit Vail, Colorado PLAN SET COVER SHEET Project: 1673 Matterhorn Circle, West Unit Legal: Lot 20A, Matterhorn Village, Filing 1 Sheet Index: Al Site and Landscape Plan A2 Floor plan A3 Elevation A4 Elevation Survey Contact: William Reslock 303-773-9578 Phone 303-773-8694 Fax rsllc@comcast.net 1582 Prouty Drive Evergreen, Colorado 80439 TOWN OF VAIL, COLORADO Statement Statement Number: R080001718 Amount: $300.00 09/23/200805:21 PM Payment Method: Check Init: RLF Notation: 3817 RESLOCK AND SULLIVAN LLC Permit No: DRB080454 Type: DRB - Addition of GRFA Parcel No: 2103-123-1501-8 Site Address: 1673 MATTERHORN CIR VAIL Location: WEST SIDE Total Fees: $300.00 This Payment: $300.00 Total ALL Pmts: $300.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts DR 00100003112200 DESIGN REVIEW FEES 300.00 . Sep 18 2008 2.:11PM HP LRSERJET FAX P.3 Ivn1Y~Vl1~r4~ UTILITY APPROVAL A VERIFICATION FORM This form is applicable to any construction within an easement and may be requ(red for any construction if deemed necessary by Town of Val Staff. This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used In conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities fnr approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. Subject Property Address: 1613 Mcilnarn C"'af- Lot Block _SUbd(vlsicJA 'norn \jM e- rt ~ IMq ` Vai1,Co 7J Primary Contact/ Owner Re0resentative:6SM,&vv-, RCskoc.IC Phone-303)-73-9579 Primary Contact/ Owner Representative signature - Date Plans Dated: I lv • O g Authorized Signature Comments Date QWEST PH: 970:468-6660 FX: 970.468.0672 Contacts: Sam Tooley c / XCEL HIGH PRESSURE GAS PH: 970, 262.4076 FX: 970.466.1401 Contact: Nch Sisnerps HOLY CROSS ENERGY PH: 970.947.5471 FX; 970.945.4081 Contact: Diana Golis Agd-ii@hcdvcross.com XCEL Energy PH: 970.2614024 FX: 970.262.4038 Contact:. Kt Bogert Kathrvn.BooedopXCELENERGY. mm EAGLE RIVER WATER 8i SANITATION DISTRICT PH: 970.476.7480 FX: 970.476-4089 Contact Fred Haslee fh;asIeeftrwsd&g CONCAST CABLE PH: 970.930.4713 FX: 970.925.41D5 Contact: Michael Johnson el 'ohn ,c COOT (Only in CDOT Right-of-Way) PH: 970-683-6284 Contact: Dan ROUSSIn dani Lr ssin 1. Utility locations must be obtained before digging. 2. _ A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Waft Department for verification 97D.479.2198. . 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary ContacO Owner Representative is required to submit any revised drawings to the above agency's for re- approval & re-verification If the submitted plans are altered in any way after the authorized signature date. a a 9E8000009L'~N/LE:bL '1S/ZE:bL 800Z eL d3S(1M3> ZZOOSSV040 3HM0H11:13A71S 1S3MO "OU=1 09-19-08;07:38AM; Sep 18 2008 12:10PH HP LASERJET FAX IMtFYAa UTILITY APPROVAL & VERIFICATION FORM 970 476 4089 # 2/ 2 P•3 This form is applicable In any construction within an easement and may be required for any construction If deemed necessary by Town of Vall Staff. This form serves to verify that the proposed improvements will not Impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification, PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR OOMMENTS FROM THE UTILITY COMPANIES. Subject Property Addressr 1143 ~'~a~trhorn C%.dt Leto Black _SubdivisiontRiaAr ~►orn V~~~ t, ri v %►14 Val1,C0. ZJ Primary Contact/ Owner Representatiive: QA V aLr^_ Rts lee-K Phone(5 o i)-m - 9 5 7 8 Primary Contact/ Owner Representative signature - Date Plana Dated: I Lo - O Authorized Signature Comments Daw QWEST . PH: 970.458.6860 FX: 970.468.0672 Contacts: Sam Tooley tool XCEL HIGH PRESSURE GAS PH: 970.262.4076 F)t: 970.468.140i Contact: Rich Sisneros co HOLY CROSS ENERGY PH: 970.947.5471 FX. 970.945.4081 Contact: Diana Golfs d I XCEL Energy PH: 970,262.4024 FX: 970.262.4038 Contact: Kit Bogert. Kathrvn.8oaertaxcELENER _y..&m EAGLE RIVER WATER R SANITATION DISTRICT PH: 970.476,7480 FX: 970.476.4089 ant ,l Ha Contact; Fred ed Haslee Wet ~R~Mfk ~ COMCAST CABLE PH: 970.930.4713 Fx-. 970.925.4106 Contact: Mlchael Johnson Mkhael n n tie. m COOT (Only In CDOT Right-of-Way) PH: 970-683-6284 Contact: Dan Roussin ni I rou n do t . .us nvLes• 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for vetificatlon.970.479.2198. . 3. It Is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/ Owner Representative Is required to submlt any revised drawings to the above agengys for re- approval 5 re-verification if the submitted plans are altered In any way after the authorized signature date. 09/18/2008 THU 16:28 FAX 9709254106 COMCA6T CABLB .Sep Is 2008 2:15PM --HP LRSLRJLT FAX V0 UTILITY APPROVAL D VERIFICATION FORM This form Is applicable to any construction within an casement and may be required for any construction If deemed necessary by Town of Vall staff. This form serves to verify that the proposed Improvements will not Impact any existing or proposed utility services, and also to verify service eivallabllity and location for new construction and should be used In conjunction with preparing your utility plan and scheduling Installations. A s to plan, including grading plan, floor plan, and elevations, shall be submitted to tho following utilities for approval and vertflcadon. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTAITY COMPANIES. p.3 Subject Property Address JQ13 tL4AMbPfnC1-%1df. L0 'flock Suttdlvlslon:~'~ o rn V f;, ~t l s~ vall,C0 Primary Contact/ Owner Representative; Q11k► arr. Rcs1oc.K Phone( 03)713 -957% &gr^r = Primary Contact/ Owner Representative signature - pate Plans Dated: Ct . I 1 o g Authorized Signature Comments Dube QWFST PH; 970.468,6860 FX: 970.468.0672 Contacts: Sam Tooley 0 XCEL HIGH PRESSURE GAS PH: 970.262.4076 FX; 970.,96L1401 Contact; Rich Sisneros el ne HOLY CROSS ENERGY PH: 970.947.5471 FX; 970.945.4061 Contact; liana Golts XCEL Energy PH: 970-2624024 FK; 970.762-4038 Contect: Kit Bogen. KaMrvn. d&X ..FNER -Y.com EAGLE*PMMR WATER e SANITATION DISTRICT PH: 970.476.7480 FX: 970.476.4089 Conti; Fred Haslee COMCAST CABLE PH; 970.930.4713 FX: 970.925.4106 art; f'or►tact; Michael Johnson i CDOT (Only in COOT Right-af-Way) PH: 970-683-6284 Contact; Dan Roussin d nl I. d t-sta . NOTES; 1. UtlYty locations must be obtained before digg 2. A Revocable Rlght-Of-Way Permit may be required for any Improvements vwlthIn a street right-ofAvay. Contact the Public Works bepartment ftr verification 970.479.2198. 3. It is the responsibility of the utility company and the applicant to resolve problems identlAed above. 4. The Prmary Contact/ Owner Represootatlve Is required to submit any rtvlsed drawings to the above agency's for to- approval & re-vtrifIcaWn If the submitted plans are altered In anyway after tite authorized signature date, ®001/001 • UTILITY APPROVAL & VERIFICATION lowwon This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Developer to Provide Lot Address Information: Lot Address: v v1 C%,"--~4 Subdivision: tAa v% - Lot#: Zo , 1 Authorized Signature Comments Date QWEST 970.468.6860(tel) 970.468.0672(fax) Contacts: Sam Tooley samuel.toolgy@gwest.com XCEL HIGH PRESSURE GAS 970.262.4076 (tel) ~,L 5-p,«ig 970.468.1401 (fax) Contact: Rich Sisneros richard.sisneros xcelener .com HOLY CROSS ENERGY 970.947.5471 (tel) ►j~~~ 970.945.4081 (fax) Contact: Diana Golis -~z, -rQ d olis hol cross.com XCEL Energy 970.262.4038 (fax) 970.262.4024 (tel) Contacts: Kit Bogert Kath n.6 ertXCELENERGY.com EAGLE RIVER WATER & SANITATION DISTRICT 970.476.7480 (tel) 970.476.4089 (fax) Contact: Fred Haslee fhaslee erwscl .org COMCAST CABLE 970.418.8248 (tel) 970.949.9138 (fax) Contact: Michael Johnson michaeljohnson@cable.comcast.com 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, or no action is taken within 2 weeks of the Utility's receipt of the form without explanation 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 building permit is not a Public Way permit and must be obtained separately. 4. The Developer is required and agrees to submit any revised drawings to the utilities for re-approval & re-verification if the submitted plans are altered in any way after the authorized signature date (unless otherwise specifically noted within the comment area of this form). Developer's Signature Date F:\cdev\FORMS\Permits\Planning\DRB\Utility Approval_08-28-07.doc Land Title Guarantee Company CUSTOMER DISTRIBUTION rd-rige GUARANTEE COMPANY Date: 08-06-2008 Our Order Number: V50011418-8 Property Address: 1673 MATTERHORN CIR./LOT 20 MATTERHORN VILLAGE FLG 1 Ifyou have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: Patricia Adams 108 S FRONTAGE RD W #203 PO BOX 357 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4534 EMail: padams@ltgc.com For Title Assistance: Vail Title Dept. Roger Avila 108 S FRONTAGE RD W #203 PO BOX 357 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4732 EMail: ravda@ltgc.com PRUDENTIAL GORE RANGE PROPERTIES - VAIL 511 LIONSHEAD MALL VAIL, CO 81657 Attn: STEVE MICHONSKI Phone: 970-476-2482 Fax: 970-476-6499 EMail: stevem@vail.net Sent Via EMail TRI-WALK LLC 2202 CONSTELLATION DR. COLO. SPRINGS, CO 80906 Sent Via US Postal Service LAND TITLE GUARANTEE COMPANY 108 S FRONTAGE RD W #203 PO BOX 357 VAIL, CO 81657 Attn: Aimee Dupont Phone: 970-476-2251 Fax: 970-476-4534 Entail: adupont@ltgc.com WELLS FARGO BANK 245 CHAPEL SQUARE BUILDING C AVON COLORADO 81620-7598 Attn: JENNIFER BYRNES Phone: 970-748-4902 Fax: 970-748-4912 Copies: 1 EMail: jennifer.byrnes@wellsfargo.com Sent Via EMail GREEN ROOM PROPERTIES, INC. C/O PRUDENTIAL 511 LIONSHEAD MALL VAIL, CO 81657 Attn: STEVE MICHONSKI Phone: 970-476-2482 Fax: 970-476-6499 Entail: stevem@vail.net Sent Via Courier*** WEAR TRAVERS & PERKINS 1000 S FRONTAGE RD #200 VAIL, CO 81657 Attn: RUTH B. JOHNSON, SELLER'S ATTY. Phone: 970-476-7646 Fax: 970-476-7118 EMail: Johnson@weartrav.com Sent Via Entail 11.15.05 Land Title Guarantee Company CUSTOMER DISTRIBUTION rdTige GUARANTEE COMPANY Date: 08-06-2008 Our Order Number: Property Address: 1673 MATTERHORN CIR./LOT 20 MATTERHORN VILLAGE FLG 1 MEG WALKER Attn: (ADDITIONAL SELLER CONTACT) EMail: mwalker@pps.org Sent Via EMail WELLS FARGO BANK Attn: ANDREW WATCHER Fax: 866-772-5422 Copies: 1 Sent Via Fax V50011418-8 SAM WALKER Attn: (ADDITIONAL SELLER CONTACT) Entail: sam.walker@cudenver.edu Sent Via Entail 11.01.05 vzLrAMY.o (012003) Land Title Guarantee Company Date: 08-06-2008 rdTge Our Order Number: V50011418-8 GUARANTEE COMPANY Property Address: 1673 MATTERHORN CIR./LOT 20 MATTERHORN VILLAGE FLG 1 Buyer/Borrower: DANIEL P. KONDOS Seller/Owner: TRI-WALK LTD. LIABILITY CO., A COLORADO LIMITED LIABILITY COMPANY Wire Informadon: Bank: FIRSTBANK OF COLORADO 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 Phone: 303-237-5000 Credit. LAND TITLE GUARANTEE COMPANY ABA No.: 107005047 Account: 2160521825 Attention: Patricia Adams Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining or comments. Need a map or directions for your upcoming closing? Check out Land Title's web site at www.Itgc.com 1V1 Wl 66lAA13 LV WZY Vl UU1 JY V11AUU 1Vl."UU113. ESTIMATE OF TITLE FEES Alta Owners Policy 10-17-92 $2,550.00 Alta Loan Policy 10-17-92 $140.00 Endorsement 100 (Lender) $50.00 Endorsement Alta 8.1 1 (Lender) $30.00 Endorsement Alta 6 (110.7) (Lender) $30.00 Tax Report SCH# R013550 $15.00 If Land Title Guarantee Company rill be closing this transaction, above fees rill be collected at that time. TOTAL $2,815.00 T.- COWZh= 06/06 THANK YOU FOR YOUR ORDER! Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50011418-8 Schedule A Cust. Ref.: Property Address: 1673 MATTERHORN CIR./LOT 20 MATTERHORN VILLAGE FLG 1 1. Effective Date: September 27, 2005 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 10-17-92 $1,150,000.00 Proposed Insured: DANIEL P. KONDOS "ALTA" Loan Policy 10-17-92 $862.500.00 Proposed Insured: , 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: TRI-WALK LTD. LIABILITY CO., A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: LOT 20, MATTERHORN VILLAGE, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50011418-8 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. (ITEM INTENTIONALLY DELETED) 2. (ITEM INTENTIONALLY DELETED) 3. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 4. WARRANTY DEED FROM TRI-WALK LTD. LIABILITY CO., A COLORADO LIMITED LIABILITY COMPANY TO DANIEL P. KONDOS CONVEYING SUBJECT' PROPERTY. NOTE: ARTICLES OF ORGANIZATION FOR TRI-WALK LTD. LIABILITY CO., A COLORADO LIMITED LIABILITY COMPANY DISCLOSE(S) RICHARD F. WALKER AND DOROTHY R. WALKER AS THE MANAGER(S). 5. DEED OF TRUST FROM DANIEL P. KONDOS TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF TO SECURE THE SUM OF $862.500.00. THE FOLLOWING DELETIONS/MODIFICATIONS ARE FOR THE OWNER'S POLICY. NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50011418-8 Continued: LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF TRI-WALK LTD. LIABILITY CO., A COLORADO LIMITED LIABILITY COMPANY. CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF DANIEL P. KONDOS. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2005 AND SUBSEQUENT YEARS. ITEM 7 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND SEWER CHARGES ARE PAID UP TO DATE. 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. V50011418-8 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. 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 OCTOBER 04, 1918, IN BOOK 93 AT PAGE 301. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 04, 1918, IN BOOK 93 AT PAGE 301. 11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 20, 1963, IN BOOK 178 AT PAGE 263. 12. EASEMENT GRANTED TO VAIL VILLAGE WEST WATER AND SANITATION DISTRICT FOR A WATER TREATMENT AND DISTRIBUTION SYSTEM AS CONTAINED IN INSTRUMENT RECORDED APRIL 22, 1971, IN BOOK 220 AT PAGE 326. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50011418-8 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: 13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF MATTERHORN VILLAGE. 14. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED SEPTEMBER 21, 1976 IN BOOK 248 AT PAGE 887. 15. TERMS, CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION BY THE UPPER EAGLE VALLEY SANITATION DISTRICT RECORDED AUGUST 25, 1981 IN BOOK 328 AT PAGE 174. 16. TERMS, CONDITIONS AND PROVISIONS OF ORDER INCLUDING SUBJECT PROPERTY IN THE VAIL VILLAGE WEST WATER AND SANITATION DISTRICT RECORDED SEPTEMBER 07, 1973 IN BOOK 230 AT PAGE 977. 17. TERMS, CONDITIONS AND PROVISIONS OF ORDER INCLUDING SUBJECT PROPERTY IN THE VAIL VILLAGE WEST FIRE PROTECTION DISTRICT RECORDED SEPTEMBER 19, 1973 IN BOOK 231 AT PAGE 143. 18. EXISTING LEASES AND TENANCIES, IF ANY. 19. THE EFFECT OF PAVED PARKING ONTO SUBJECT PROPERTY AS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE PREPARED BY LELAND LECHNER, DATED OCTOBER 5, 2005. 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. Form DISCLOSURE 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 pri va laws. We believe that making you aware of how we use your non-public personal information ("Personal Information and 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 you with services you have requested; * to tttird-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 give us permission, when we are required by law to do so, 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. 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 Fidelityty National Financial, Inc. 4050 Calle 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. Form 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 sugect to the provisions of Schedule A and B and to the Condiitioins and Stipulations hereof. This Commitment shag 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 preliminary 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 shag issue, whichever first occurs, provided that the failure to issue such policy or policies is rat the fault of the Company. This Commitment shall not be valid 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 Commitment is effective as of the date shown in Schedule A as "Effective Date." CONDITIONS AND STIPULATIONS 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 acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shag be relieved from liability for arty 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 shag 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 the 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, the Exclusions from Coverage and the Conditions and Stipulations 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. 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 lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. Issued by: LAND TITLE GUARANTEE COMPANY 3033 EAST FIRST AVENUE SUITE 600 PO BOX 5440 (80217) DENVER, CO 80217 CHICAGO TITLE INSURANCE COMPANY t14 SU4Nc hip ~`pF1F01~91~1 00 = t ; g President SEAL r Secretary Authorized Officer or Agent CC.CHI Report Date: 09107/2005 09:10AM EAGLE COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT 5202 SCHEDULE NO: R013550 ORDER NO: 50011418 ASSESSED TO: VENDOR NO: 105 TRI-WALK LLC LAND TITLE 2202 CONSTELLATION DR ATTN: PO BOX 357 COLORADO SPRINGS, CO 80906 VAIL, CO 81657 LEGAL DESCRIPTION: SUB:MATTERHORN VILLAGE FIL 1 LOT:20 BK-0350 PG-0333 WD 12-09-82 BK-0597 PG-0262 WD 12-15-92 BK-0597 PG-0263 WD 12-15-92 BK-0628 PG-0497 SWD 12-21-93. BK-0628 PG-0805 SWD 12-23-93 BK-0629 PG-0179 SWD 12-23-93 R644238 EAS 01-08-98 PARCEL: 210312315012 S1TUS ADD: 001673 MATTERHORN CIR VAIL TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 TAX 2,476.62 0.00 0.00 2,476.62 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 0813112005 0.00 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT SC103 - VAIL (TOWN) Authority Mill Levy Amount Values Actual Assessed EAGLE COUNTY, 001 - 011 8.499 441.09 LAND 200,000 15,920 CMC, 012 3.997 207.44 IMPS 451,960 35,980 RE50J SCHOOL, 016 21.080 1,094.06 MINTURN CEM 0.450 23.36 TOTAL 651,960 51,900 VAIL P&R 2.760 143.24 CRWC 0.252 13.08 ERWS 1.330 69.03 ERW&SAN 2.630 136.50 ECHSD 2.013 104.47 TOWN OF VAIL, 036 4.708 244.35 TAXES FOR 2004 47.719 2,476.62 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1, REAL PROPERTY- SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not Include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 07th day of September, 2005. TREASURER, EAGLE COUNTY, KAREN SHEAFFER, BY: P.O. Box 479 Eagle, CO 81631-0479 (970) 328-8860 " a 4Atol~ SF.n " ~ iZ3dg a ys~l ZONE CHECK ~gGrtlySs, adtd• ~~ah> Date: Legal description: LotBlockFih Address 14,73 Rl,#u/urn~~ - O~~ncr Kov,~f p5 Phone' Architect n 1( ► Phone ~g~ 363 v7a 2v/~ • Zonc district___ • CAV Proposed use Lot size 9' -77 / u.YS 3y Btuldable arcs Allowed Existing Proposcd - Total Rcm___ainin_g Total GI~FA q4 to -t t go ago wa basu~~,.# drj" ',~r„r 7 11.v + - , y~ 2 _ t, GSo • Primary G RFA ----t Secondary GRFAr) = Z. N~ NO+ 73 --LL7- Site Coverage + Height (30)(33) e,,r,; sfi Setbacks Front 20' t. Sides 15, ~ 9 Rear 15' - • i Landscaping Minimum II6 -Z r` Leo Rctai 1V I R ~ ' ntng a 1 Heights Parking Garage Credit Driveway yC S 3'/6' - ~ I I Requircd___-k_ -9.- ' Enclosed Complies with TOV Lighting Ort.inance Arc finished grades less than 2:1 `;5001,) Envi ronm en to l/Hazards t (300) (600) (90 (120 _-E.yL 2 Permitted Slope ro % Proposed Slope =r_oio Yes ✓ No Yes ✓ No 1) Percent Slope (<>30%) NSA 2) Floodplain 3) Wetlands 4) Water Course Setback (30) (50) 5) Geologic Hazards a) Snow Avalanche b) Rockffall c) Dcbris Flow } PrLvious conditions of approval duck ro Is the property non-conforming? kcribc: IfA ,a c