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Home My WebLink AboutDRB090028Design Review Board਍ഀ ACTION FORM਍ഀ TO*Wff U਍ഀ OOAf&MYCEVELOPM W਍ഀ Department of Community Development਍ഀ 75 South Frontage (toad, Vail, Colorado 81657਍ഀ tel: 970.479.2139 fax: 970.479.2452਍ഀ web: www.vailgov.com਍ഀ Project Name: MAHONEY DORMER & WINDOWS਍ഀ Project Description:਍ഀ Participants:਍ഀ DORMER ADDITION, NEW WINDOWS਍ഀ DRB Number: DRB090028਍ഀ OWNER MAHONEY, MARK B. & NOELLE S. 02/09/2009਍ഀ 222 CHEROKEE RD਍ഀ CHARLOTTE਍ഀ NC 28207਍ഀ APPLICANT STEVEN JAMES RIDEN ARCHITECT 02/09/2009਍ഀ PO BOX 3238਍ഀ VAIL਍ഀ CO 81658਍ഀ Project Address: 433 GORE CREEK DR VAIL਍ഀ Phone: 970-949-4121਍ഀ Location:਍ഀ Legal Description: Lot: 15 Block: Subdivision: VAIL TRAILS EAST਍ഀ Parcel Number: 2101-082-3402-3਍ഀ Comments:਍ഀ BOARD/STAFF ACTION਍ഀ Motion By: Action: STAFFAPP਍ഀ Second By:਍ഀ Vote: Date of Approval: 04/27/2009਍ഀ 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: CON0010662਍ഀ This approval only applies to the proposed dormer addition, and does not apply to਍ഀ the proposed deck expansion.਍ഀ Planner: Bill Gibson DRB Fee Paid: $20.00਍ഀ Department of Community Development,਍ഀ 75 South Frontage o d਍ഀ D"e76 men Weir਍ഀ Application for Design Review਍ഀ Minor Exterior Alteration FFB 05 2009਍ഀ General Information: This application is required for all proposals involving minor c angepmoo"i(wa im-਍ഀ provements, such as roofing, painting, window additions, landscaping, fences, retainin ts; etc--.tppfica Vait਍ഀ Town Code sections can be found at www.vailaov.com under Vail Information - Town Code Online. All projects re-਍ഀ quiring 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 Plan-਍ഀ ning and Environmental Commission. Design review approval expires one year from the date of approval, unless a਍ഀ building permit is issued and construction commences.਍ഀ Fee: $250 for Multi-Family/Commercial਍ഀ $20 for Single Family/Duplex਍ഀ Single Family Duplex਍ഀ M -v,-i- -Av- 1, -r- - --p ba,1~ y -4,਍ഀ Multi-Family -fit t - f r- fee _਍ഀ Description of the Request: A QU t=J.C-' YAc 1 1(,9J~ I:; W਍ഀ 1N 1NIVIds al S S1 SL MORTIA ELEV J-&vs .਍ഀ Physical Address: y33 (~G~K 19, uN c S 1 S ~ (off, VAI LIF LS਍ഀ Parcel Number: '21 010213 4 4 23 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)਍ഀ Property Owner:਍ഀ Mailing Address:਍ഀ L~ Phone: 76y•਍ഀ Owner's Signature: N CA.WJA i~ 33y' D3~਍ഀ C MA.I L~਍ഀ Primary Contact/ Owner Representative: STav , zp= zlt)f_-1kl fi.LA.t'".i 8 T(7਍ഀ Mailing Address:਍ഀ E-Mail. fl=&J_. G13 M, Fax:਍ഀ For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Auth # Check # 2-3਍ഀ Fee Paid: Received Fro V e^ MIA! C~•dgncs਍ഀ Meeting Date: DRB No.: V3&09 001-9਍ഀ Planner: Project No: Q,~਍ഀ Zoning: Land Use: ` t਍ഀ Location of the Proposal: Lot:_ Block:_ _ Subdivision: V~ U a਍ഀ ਍ഀ TOWN OF VAIL, COLORADO Statement਍ഀ ਍ഀ Statement Number: R090000128 Amount: $20.00 02/09/200901:40 PM਍ഀ Payment Method: Check Init: JLE਍ഀ Notation: 1923 STEVEN਍ഀ JAMES RIDEN਍ഀ ਍ഀ Permit No: DRB090028 Type: DRB-Minor A1t,SFR/DUP਍ഀ Parcel No: 2101-082-3402-3਍ഀ Site Address: 433 GORE CREEK DR VAIL਍ഀ Location:਍ഀ Total Fees: $20.00਍ഀ This Payment: $20.00 Total ALL Pmts: $20.00਍ഀ Balance: $0.00਍ഀ ਍ഀ ACCOUNT ITEM LIST:਍ഀ Account Code Description Current Pmts਍ഀ ਍ഀ DR 00100003112200 DESIGN REVIEW FEES 20.00਍ഀ PROPOSED MATERIALS਍ഀ Buildina Materials਍ഀ Roof਍ഀ Siding਍ഀ Other Wall Materials਍ഀ Fascia਍ഀ Soffits਍ഀ Windows਍ഀ Window Trim਍ഀ Doors਍ഀ Door Trim਍ഀ Hand or Deck Rails਍ഀ Flues਍ഀ Flashing਍ഀ Chimneys਍ഀ Trash Enclosures਍ഀ Greenhouses਍ഀ Retaining Walls਍ഀ Exterior Lighting਍ഀ Other਍ഀ Notes:਍ഀ Type of Material਍ഀ w~਍ഀ ~Lyt~਍ഀ l~਍ഀ t~਍ഀ L~਍ഀ LL਍ഀ 1Nt STAL਍ഀ yvl LEAL਍ഀ 1਍ഀ FFR o 5 2009਍ഀ TOWS! ( °_ELL਍ഀ Color਍ഀ K l G,1Z~਍ഀ L1਍ഀ ELI਍ഀ '9"1./਍ഀ LT)਍ഀ Please specify the manufacturer's name, the color name and number and attach a color chip.਍ഀ E਍ഀ UTILITY APPROVAL & VERIFICATION਍ഀ 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 schedul-਍ഀ ing installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for ap-਍ഀ proval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPA-਍ഀ NIES. If you are unable to obtain comments within ..that਍ഀ ttt~timeframe please contact The Town of Vail.਍ഀ Subject Property Address: Y'~ l .i t- Lot_a_ Block _q _Subdivision:਍ഀ Primary Contact / Owner Representative: lfomz TZl'G 'hone: 7 / Q਍ഀ Plans Dated:਍ഀ 7i. L( r(7 I਍ഀ Primary Contact/Owner Representative Signature਍ഀ Authorized Signature਍ഀ Comments਍ഀ Date਍ഀ QWEST਍ഀ 970.468.6860(tel)਍ഀ 970.468.0672(fax)਍ഀ Contacts: Samuel Tooley਍ഀ samuel.toole west.com਍ഀ XCEL HIGH PRESSURE GAS਍ഀ 970.262.4076 (tel)਍ഀ 970.468.1401 (fax)਍ഀ Contact: Rich Sisneros਍ഀ richard.sisneros xcelener .com਍ഀ HOLY CROSS ENERGY਍ഀ 970.947.5425 (tel)਍ഀ 970.945.4081 (fax)਍ഀ Contact: Jeff Vroom਍ഀ jvroom@holycross.com਍ഀ XCEL Energy਍ഀ 970.262.4038 (fax)਍ഀ 970.262.4024 (tel)਍ഀ Contacts: Kit Bogert਍ഀ Kath n.Bo ert XCELENERGY.com਍ഀ EAGLE RIVER WATER & SANITA-਍ഀ TION DISTRICT਍ഀ 970.476.7480 (tel)਍ഀ 970.476.4089 (fax)਍ഀ Contact: Fred Haslee਍ഀ fhaslee erwsd.or਍ഀ COMCAST CABLE਍ഀ 970.205.5432 (tel)਍ഀ 970.930.4713 (fax)਍ഀ Contact: Michael Johnson਍ഀ mi-਍ഀ chaeUohnson@cable.comcast.com਍ഀ CDOT (Only in CDOT Right-of-way)਍ഀ 970.683.6284 (tel)਍ഀ Contact: Dan Roussin਍ഀ Daniel. roussin @dot. state.co. us਍ഀ NOTES:਍ഀ 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 verification 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 submit any revised drawings to the above agencies for਍ഀ re-approval & re-verification if the submitted plans are altered in any way after the authorized signature date.਍ഀ A LL lvl Lrr i tF-s ATzf ICI&jCc, Jv 0 l 16 G4~U~`t t&Cy 1 clo਍ഀ ~w►~ ~r~i~t'~~iV wiru~WS.਍ഀ Steve Riden਍ഀ From: Mark Mahoney [mmahoney@gulfstreammgmt.com]਍ഀ Sent: Thursday, November 06, 2008 12:18 PM਍ഀ To: 'Jeliuk@vail.gov'਍ഀ Cc: Steve Riden; 'noellemltd@aol.com'਍ഀ Subject: FW: Signatures਍ഀ Attachments: 721_Plans_Elevs-Pro_Plans.pdf; 721_Plans_Elevs-PRO_Elevs.pdf਍ഀ To whom it may concern (sorry that I do not have your name),਍ഀ As per the attached email, please allow this email to serve as my authorization and substitute signature for the application਍ഀ regarding my condo unit in Vail Village.਍ഀ Please let me know if there are any other steps that I need to take in this regard.਍ഀ Best regards,਍ഀ MM਍ഀ -----Original Message-----਍ഀ From: Steve Riden <Steve@ridenl.com>਍ഀ To: noellemltd@aol.com਍ഀ Sent: Fri, 26 Sep 2008 11:08 am਍ഀ Subject: Signatures਍ഀ Dear Noelle and Mark,਍ഀ D ~FFB o 5 2009਍ഀ I TOWN OF਍ഀ Hope all is well.਍ഀ Attached are the pdf files of the drawings we made. I will send you hard copies today. Is there any place special਍ഀ you wish to receive them?਍ഀ I submitted to the town yesterday and they require you to send an e-mail of authorization in place of your਍ഀ signature on the application.਍ഀ If you could send off a quick e-mail jeliuk@vail.g_ov and that will suffice and things will be on the way.਍ഀ Best wishes.਍ഀ Steve਍ഀ Instant access to the latest & most popular FREE games while you browse with the Games Toolbar -.Download Now!਍ഀ No virus found in this incoming message.਍ഀ Checked by AVG - http://www.avg.com਍ഀ Version: 8.0.175 / Virus Database: 270.9.0/1771 - Release Date: 11/6/2008 7:58 AM਍ഀ VAIL TRAILS EAST CONDOMINIUM ASSOCIATION਍ഀ C/O VAIL HOME RENTALS, INC.਍ഀ P.O. BOX 6520਍ഀ AVON, CO 81620਍ഀ (970) 748-5016 Fax (97)748-6716਍ഀ Community Development਍ഀ 111 S. Frontage Road West਍ഀ Vail, CO 81657਍ഀ RE: Vail Trails East Condominium Units 15 & 16A਍ഀ To Whom It May Concern:਍ഀ At the most recent Board of Manager's Meeting, held on July 31, 2008, Mark Mahoney presented a਍ഀ request to remodel and possibly combine his two units located at 433 Gore Creek Drive.਍ഀ The Board unanimously approved his plans and has given him permission to move forward with the਍ഀ remodel.਍ഀ Should you have ay questions, please feel free to contact me at the number above.਍ഀ Sincerely,਍ഀ Larry Barnes਍ഀ Managing Agent਍ഀ From Land Title (MA8) Thu 25 Sep 2008 11:28:26 AM MDT Page 4 of 10਍ഀ Chicago Title Insurance Company਍ഀ ALTA COMMITMENT਍ഀ Our Order No. V50023693਍ഀ Schedule A Cust. Ref.:਍ഀ Property Address:਍ഀ 433 GORE CREEK DRIVE AKA UNIT 15 AND 16A VAIL TRAILS EAST VAIL, CO 81657਍ഀ 1. Effective Date: September 15, 2008 at 5:00 P.M.਍ഀ 2. Policy to be Issued, and Proposed Insured:਍ഀ 'TBD" Commitment਍ഀ Proposed Insured:਍ഀ MARK B. MAHONEY AND NOELLE S. MAHONEY਍ഀ 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:਍ഀ MARK B. MAHONEY AND NOELLE S. MAHONEY਍ഀ 5. The Land referred to in this Commitment is described as follows:਍ഀ SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION਍ഀ From Land Title (MA8) Thu 25 Sep 2008 11:28:26 AM MDT Page 5 of 10਍ഀ Our Order No: V50023693਍ഀ PARCEL 1਍ഀ LEMLDESMPnCN਍ഀ CONDOMINIUM UNIT 15, VAIL TRAILS EAST, AS SHOWN ON THE CONDOMINIUM MAP THEREOF਍ഀ FILED NOVEMBER 27, 1964, RECEPTION NO. 100481 AND AS DEFINED IN CONDOMINIUM਍ഀ DECLARATION RECORDED NOVEMBER 27, 1964 IN BOOK 185 AT PAGE 121, COUNTY OF਍ഀ EAGLE, STATE OF COLORADO.਍ഀ PARCEL 2਍ഀ CONDOMINIUM UNIT 16A, VAIL TRAILS EAST, AS SHOWN ON THE CONDOMINIUM MAP THEREOF਍ഀ FILED NOVEMBER 27, 1964, RECEPTION NO. 100481 AND AS DEFINED IN CONDOMINIUM਍ഀ DECLARATION RECORDED NOVEMBER 27, 1964 IN BOOK 185 AT PAGE 121, COUNTY OF਍ഀ EAGLE, STATE OF COLORADO.਍ഀ From Land Title (MA8) Thu 25 Sep 2008 11:28:26 AM MDT Page 6 of 10਍ഀ r਍ഀ ALTA COMMITMENT਍ഀ Schedule B - Section 1਍ഀ (Requirements) Our Order No. V50023693਍ഀ The following are the requirements to be complied with:਍ഀ Item (a) Payment to or for the account of the grantors or mortgagor; 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:਍ഀ TIRS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED਍ഀ PURSUANT HERETO.਍ഀ From Land Title (MA8) Thu 25 Sep 2008 11:28:26 AM MDT਍ഀ Page 7 of 10਍ഀ ALTA COMMITMENT਍ഀ Schedule B - Section 2਍ഀ (Exceptions)਍ഀ Our Order No. V50023693਍ഀ 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. Any facts, rights, interests, or claims thereof; not shown by the Public Records but that could be ascertained by an਍ഀ inspection of the Land or that may be asserted by persons in possession of the Land.਍ഀ 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.਍ഀ 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be਍ഀ disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.਍ഀ 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not਍ഀ shown by the Public Records.਍ഀ 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or਍ഀ attaching to the subsequent 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 CommihnenL਍ഀ 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes਍ഀ or assessments on real property or by the Public Records; (b) proceedings by a public agency tha may result in taxes਍ഀ or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public਍ഀ Records.਍ഀ 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;਍ഀ (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by਍ഀ the Public Records.਍ഀ 8. 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 JULY 12, 1899, IN BOOK 48 AT਍ഀ PAGE 475.਍ഀ 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE਍ഀ UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899,਍ഀ IN BOOK 48 AT PAGE 475.਍ഀ 10. 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 AUGUST 10, 1962, IN BOOK 174 AT PAGE 179.਍ഀ From Land Title (MA8) Thu 25 Sep 2008 11:28:26 AM MDT਍ഀ Page 8of10਍ഀ ALTA COMMITMENT਍ഀ Schedule B - Section 2਍ഀ (Exceptions)਍ഀ Our Order No. V50023693਍ഀ 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:਍ഀ 11. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS,਍ഀ WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, 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 27, 1964, IN BOOK 185 AT PAGE 121 AND਍ഀ AMENDMENT THERETO RECORDED APRIL 7, 1999 RECEPTION NO. 692017 AND਍ഀ SUPPLEMENTAL INFORMATION TO DECLARATION RECORDED JANUARY 2, 2008 UNDER਍ഀ RECEPTION NO. 200800056.਍ഀ NOTE: SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL PROVISION਍ഀ DESCRIBED IN ARTICLE 29 OF SAID DECLARATION.਍ഀ 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON਍ഀ THE RECORDED CONDOMINIUM MAP OF VAIL TRAILS EAST.਍ഀ 13. TERMS, CONDITIONS AND PROVISIONS OF NOISE ABATEMENT NOTICE RECORDED NNE਍ഀ 06, 1995 IN BOOK 668 AT PAGE 738.਍ഀ 14. TERMS, CONDITIONS AND PROVISIONS OF BROADBAND EASEMENT AND RIGHT OF ENTRY਍ഀ AGREEMENT RECORDED AUGUST 14, 1996 IN BOOK 702 AT PAGE 853.਍ഀ 15. DEED OF TRUST DATED MAY 24, 2005, FROM MARK B. MAHONEY AND NOELLE S.਍ഀ MAHONEY TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF BANK OF AMERICA,਍ഀ N.A. TO SECURE THE SUM OF $1,000,000.00 RECORDED MAY 27, 2005, UNDER਍ഀ RECEPTION NO. 917319.਍ഀ 16. DEED OF TRUST DATED DECEMBER 13, 2007, FROM MARK B. MAHONEY AND NOELLE S.਍ഀ MAHONEY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF MILLENIUM਍ഀ BANK TO SECURE THE SUM OF $1,500,000.00 RECORDED DECEMBER 21, 2007, UNDER਍ഀ RECEPTION NO. 200733144.਍ഀ (ITEMS 16 AND 16 AFFECT PARCEL 1)਍ഀ 17. DEED OF TRUST DATED DECEMBER 13, 2007, FROM MARK B. MAHONEY AND NOELLE S.਍ഀ From Land Title (MA8) Thu 25 Sep 2008 11:28:26 AM MDT਍ഀ Page 9of10਍ഀ ALTA COMMITMENT਍ഀ Schedule B - Section 2਍ഀ (Exceptions)਍ഀ Our Order No. V50023693਍ഀ 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:਍ഀ MAHONEY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF MORTGAGE਍ഀ ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR THORNBURG MORTGAGE਍ഀ HOME LOANS TO SECURE THE SUM OF $1,413,750.00 RECORDED DECEMBER 18, 2007,਍ഀ UNDER RECEPTION NO. 200732922.਍ഀ (ITEM 17 AFFECTS PARCEL 2)਍ഀ From Land Title (MA8) Thu 25 Sep 2008 11:28:26 AM MDT Page 10 of 10਍ഀ 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 foram਍ഀ 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 per mission.਍ഀ 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਍ഀ Steve Riden਍ഀ From: scorcoran@ltgc.com਍ഀ Sent: Wednesday, September 24, 2008 1:16 PM਍ഀ To: Steve Riden਍ഀ Subject: Land Title Delivery (433 GORE CREEK DRIVE AKA UNIT 15 AND 16A VAILTRAI)਍ഀ (buyerowner MAHONEY)(our 50023693)਍ഀ Attachments: 50023693-1-Misc.pdf਍ഀ L~r T`ttl~਍ഀ Title਍ഀ Commitment਍ഀ Commitment Summary - 433 GORE CREEK DRIVE਍ഀ AKA UNIT 15 AND 16A VAIL TRAILS EAST਍ഀ (50023693)਍ഀ Your Land Title Guarantee Company Contacts:਍ഀ For Title Assistance:਍ഀ Vail Title Dept.਍ഀ Sara Corcoran਍ഀ 108 S FRONTAGE RD W #203਍ഀ VAIL, CO 81657਍ഀ Phone: 970-476-2251਍ഀ Fax: 970-476-4732਍ഀ scorcoran@ltgc. ®rr਍ഀ Commitment Delivery Parties:਍ഀ STEVE RIDEN਍ഀ PO BOX 3238਍ഀ VAIL, CO 81658਍ഀ EMail: steve@ridenl.com਍ഀ Linked Commitment Delivery਍ഀ 1਍ഀ . Property Address:਍ഀ 433 Gore Creek Drive Aka Unit 15 And 16a Vail Trails East਍ഀ Vail, CO 81657਍ഀ County of Ea Ike State of Colorado਍ഀ Legal Description:਍ഀ PARCEL I਍ഀ CONDOMINIUM UNIT 15, VAIL TRAILS EAST, AS SHOWN ON THE CONDOMINIUM MAP THEREOF FILED NOVEMBER 27,਍ഀ 1964, RECEPTION NO. 100481A AND AS DEFINED IN CONDOMINIUM DECLARATION RECORDED NOVEMBER 27, 1964਍ഀ IN BOOK 185 AT PAGE 121,A COUNTY OF EAGLE, STATE OF COLORADO.਍ഀ PARCEL 2਍ഀ CONDOMINIUM UNIT 16A, VAIL TRAILS EAST, AS SHOWN ON THE CONDOMINIUM MAP THEREOF FILED NOVEMBER 27,਍ഀ 1964, RECEPTION NO. 100481A AND AS DEFINED IN CONDOMINIUM DECLARATION RECORDED NOVEMBER 27, 1964਍ഀ IN BOOK 185 AT PAGE 121,A COUNTY OF EAGLE, STATE OF COLORADO.਍ഀ Plat Map(s):A A V/23 V/23 100481A਍ഀ A.P.N. s): R010205 R010210਍ഀ Effective Date & Time:਍ഀ Se tember I5,.'2-008-alt 5:00 P.M.਍ഀ Interest:਍ഀ A Fee Simple਍ഀ Seller(s):਍ഀ MARK B. MAHONEY AND NOELLE S. MAHONEY਍ഀ Vesting Deed(s) / (View dates for 24 month Chain of Title):਍ഀ 12-18-2007A਍ഀ 12-10-2003A਍ഀ 10-24-2003A਍ഀ Buyer(s) /Borrowers (s):਍ഀ MARK B. MAHONEY AND NOELLE S. MAHONEY਍ഀ Proposed Insured & Coverages:਍ഀ 2਍ഀ "TBD" Commitment A A A A A਍ഀ 'AAAAA਍ഀ MARK B. MAHONEY AND NOELLE S. MAHONEYA A A A A਍ഀ Estimated Title Fees:਍ഀ TBD Commitment਍ഀ Additional Chain਍ഀ A A A A A A A A Total Estimated Title Fees਍ഀ $250.00਍ഀ $150.00਍ഀ $400.00਍ഀ Requirements:਍ഀ 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:਍ഀ THIS COMMITMENT IS FOR INFORMATION ONLY. AND NO POLICY WILL BE ISSUED PURSUANT HERETO.਍ഀ ਍ഀ Exceptions:਍ഀ 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an਍ഀ inspection of the Land or that may be asserted by persons in possession of the Land.਍ഀ 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.਍ഀ 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be਍ഀ disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.਍ഀ 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not਍ഀ shown by the Public Records.਍ഀ 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records਍ഀ or attaching to the subsequent 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. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes਍ഀ or assessments on real property or by the Public Records; (b) proceedings by a public agency tha may result in taxes or਍ഀ assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public਍ഀ Records.਍ഀ 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;਍ഀ (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the਍ഀ Public Records.਍ഀ 8. 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 JULY਍ഀ 3਍ഀ J 12, 1899, IN BOOK 48 AT PAGE 475.A਍ഀ 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS਍ഀ RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475.A਍ഀ 10. 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 AUGUST 10, 1962, IN਍ഀ BOOK 174 AT PAGE 179.A਍ഀ 11. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH ARE A BURDEN TO਍ഀ THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, 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 27, 1964, IN BOOK 185 AT PAGE 121A AND਍ഀ AMENDMENT THERETO RECORDED APRIL 7, 1999 RECEPTION NO. 692017A AND SUPPLEMENTAL INFORMATION TO਍ഀ DECLARATION RECORDED JANUARY 2, 2008 UNDER RECEPTION NO. 200800056.A਍ഀ NOTE: SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL PROVISION DESCRIBED IN ARTICLE 29 OF SAID਍ഀ DECLARATION.਍ഀ 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED਍ഀ CONDOMINIUM MAP OF VAIL TRAILS EAST.਍ഀ 13. TERMS, CONDITIONS AND PROVISIONS OF NOISE ABATEMENT NOTICE RECORDED JUNE 06, 1995 IN BOOK 668਍ഀ AT PAGE 738.A਍ഀ 14. TERMS, CONDITIONS AND PROVISIONS OF BROADBAND EASEMENT AND RIGHT OF ENTRY AGREEMENT਍ഀ RECORDED AUGUST 14, 1996 IN BOOK 702 AT PAGE 853.A਍ഀ 15. DEED OF TRUST DATED MAY 24, 2005, FROM MARK B. MAHONEY AND NOELLE S. MAHONEY TO THE PUBLIC਍ഀ TRUSTEE OF COUNTY FOR THE USE OF BANK OF AMERICA, N.A. TO SECURE THE SUM OF $1,000,000.00 RECORDED਍ഀ MAY 27, 2005, UNDER RECEPTION NO. 917319.A਍ഀ 16. DEED OF TRUST DATED DECEMBER 13, 2007, FROM MARK B. MAHONEY AND NOELLE S. MAHONEY TO THE PUBLIC਍ഀ TRUSTEE OF EAGLE COUNTY FOR THE USE OF MILLENIUM BANK TO SECURE THE SUM OF $1,500,000.00 RECORDED਍ഀ DECEMBER 21, 2007, UNDER RECEPTION NO. 200733144.A਍ഀ (ITEMS 16 AND 16 AFFECT PARCEL 1)਍ഀ 17. DEED OF TRUST DATED DECEMBER 13, 2007, FROM MARK B. MAHONEY AND NOELLE S. MAHONEY TO THE PUBLIC਍ഀ TRUSTEE OF EAGLE COUNTY FOR THE USE OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE਍ഀ FOR THORNBURG MORTGAGE HOME LOANS TO SECURE THE SUM OF $1,413,750.00 RECORDED DECEMBER 18, 2007,਍ഀ UNDER RECEPTION NO. 200732922.A਍ഀ (ITEM 17 AFFECTS PARCEL 2਍ഀ Disclosure Statements਍ഀ LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY -਍ഀ GRAND )UNCTION਍ഀ 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.਍ഀ __R p" the attached df version of the commitment to view our PRIVACY POLICY.਍ഀ The above Summary is provided for information purposes only. To the extent that it conflicts with or otherwise varies from਍ഀ the actual commitment provided, the latter shall govern.਍ഀ The above links and associated images are provided for information purposes only. They are not guaranteed as to accuracy,਍ഀ availability or quality.਍ഀ These images are provided for informational purposes only. They are not guaranteed as to availability or quality.਍ഀ These documents are PDF (Portable Document Format) files and can be viewed or printed with Adobe Acrobat ReaderT". If਍ഀ you do not have Adobe Acrobat ReaderT" on your system, you can download it for free from Adobe.਍ഀ Some of these documents may be designed to print on LEGAL paper. To print these on LETTER paper, select the "Fit to਍ഀ Page" option from within the Acrobat Reader.਍ഀ If you want to print on LEGAL paper, select legal-size paper from within the "Print Setup" dialog box from within the਍ഀ Acrobat Reader.਍ഀ Content in this email is Copyright LT Systems, L.L.C. All rights reserved.਍ഀ No virus found in this incoming message.਍ഀ Checked by AVG - http://www.avg.com਍ഀ Version: 8.0.169 / Virus Database: 270.7.1/1688 - Release Date: 9/24/2008 6:29 AM਍ഀ