Loading...
HomeMy WebLinkAboutADM090001V, it TO511VHAIL Project Name: Application Type: ADMINISTRATIVE ACTION FORM Department of Community Development 75 South Frontage Road Vail, CO 81657 tel: 970-479-2138 fax: 970-479-2452 web: www.vailgov.com PRJ08-0608 CondThPl ADM Number: ADM090001 Parcel: 2101-082-5401-0 Project Description: Participants: PLAT REVIEW OWNER COLANDO CO 01/09/2009 PRIV ANTONIO CHEDRAUI CARAM 248 COL ENCINAL 91180 XALAPA VERACRUZ MEXICO APPLICANT COLANDO CO 01/09/2009 PRIV ANTONIO CHEDRAUI CARAM 248 COL ENCINAL 91180 XALAPA VERACRUZ MEXICO Project Address: 68 E MEADOW DR VAIL Location: SUITES 110 & 602 Legal Description: Lot: Block: 5D Subdivision: VILLAGE INN PLAZA Comments: BOARD/STAFF ACTION Motion By: Action: WITHDRWN Second By: Vote: Date of Approval: Meeting Date: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner: Nicole Peterson DRB Fee Paid: $100.00 ly'IQ I H- r) W i rl ~~r~ w~1 From:Loews Denver Hotel 3037586542 01/0712009 11:20 #009 P.002/002 Apprc ationl for Admiristrative SUbdivision Plat Review Department o(OOmMunlty Development 75 South Frontage Road, Vail, Colorado 81657 te1:970.479'.2139 fax: 970.479.2452 web: www.vzdgov.com Genletraii >:nformabion: It. Is tuttawftll f -.Ahy person, buslr.wm,.or corporation to violate any of the provisions of Title 13, Val! Town code, or to transfer, sell, lease or agree to sell or lease, any lot, tract, parcel, site, separate interest (dncludirg a leasehold interest), interest in commGn, condominium interest, timeshare estate, fractional fee, or tirnftshare license, or any other division within a subdivision within the Town until such subdivision has tieen ails mYW in writing -by the Adrniriistrator, Planning and Environn`Iental Commission armor the Council (whidwer Is applicable) and a ptAt thereof rekoded an t office of the Eagle County Clerk,arid Recorder. Tyrpe of Appftatilan and Ems; 0 DuplexSubdiviislm flat $100 Q Adminlstrative.Plat'*nWi $100 Q Single F"l1v SabdM Plat `);100 tbndominiurn/TowrttspUSe Plat' $100 Desctriptfon of the, R%quest: Lpcatian Of the Propas'ah Lot; O Block; 51? Subdivision: Vail Viill e 1 Physical AcEtassz . 1. E Meacv.Qtrr,-tS.11d 6.02,. VBiI 7 } 21'Il54010 - Unit;#116 Parcel No,,t IfM. . t Inii AWV (Contact Eagle Co. Assessor at 9,70-328-6640 for parcel no.) ~vnlnl~ Soo ~fo. FlOnle(s) ofQwnb*.}: G2100110. QornO y - Unit f110;-VAil Verge In ric - Unit 2 MallingMdress: Cooondo Com an , c,'o PrivAntonio Cheelraui Carasn, #248 C.P. 91'80 Owm9rCs) slgrlaltrtrOWS): UNIT #11 • U T IM©I: AMUMD Wame otl APPIT(mint; ,S~ielman Howard-; C OttTitn N. D ' in Malling.Addrem- , RO §..Fr LAA RQ. We%f.§ i'tta DO lily cb tissfi _ ^t - Pbone: 970-4Zf-7 4#, E-mall Adorers ,tdBMlnMhsrrnanhowald.COm _Fax 970-4.76-7118 Project No,:~ - JAN - 8 2009 FladevIFQRMSkPermkslPlennrngkAdminist alive ActiomhPli't ReAewladmin_ilat correcdor_sutuniltal iec*dQc t271 C13 - VA I L ..Pap l d4 L(09/16/2009) Rachel Friede - RE: Colondo plat Page 1 From: "Devlin, Timothy N." <tdevlin@shermanhoward.com> To: "Rachel Friede" <RFriede@vailgov.com> CC: "J S" <jstaufer@live.com> Date: 9/16/2009 10:47 AM Subject: RE: Colondo plat Rachel, Colondo Company has withdrawn the condo plat. Although Colondo Company terminated the deal to purchase the space, there is a chance that another buyer from the Staufers may move forward with it. I've spoken with George briefly about this, and he informed me that in order to do so, the new buyer (or the Staufers) would need to submit an application for a minor amendment to the approval. I understand that the approval is good for three years from 12/17/08. Thanks Timothy N. Devlin, Esq. I Sherman & Howard L.L.C. 1000 S. Frontage Road West, Suite 200, Vail, Colorado 81657 Ofc: 970.790.1605 1 Fax: 303.298.0940 1 Cell: 303.358.0742 tdevlin@shermanhoward.com THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distributions, forwarding or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by e-mail or telephone at (970) 476-7646 and delete the original message immediately. Thank you. ----Original Message---- From: Rachel Friede [mailto:RFriede@vailgov.com] Sent: Wednesday, September 16, 2009 10:27 AM To: Devlin, Timothy N. Subject: Colondo plat Tim- Can you confirm that you have withdrawn the Colondo Company condo plat ADM09-0001? Rachel Friede, AICP, LEED AP Planner II Dept of Community Development Town of Vail Ph: (970)479-2440 Fax: (970)479-2452 Rfriede@vailgov.com www.vailgov.com/comdev Application lor Admini ive Subdivision I:nt~lrmadon: R is unlawful for any perm, business, or corporation W Vir~te any of the provisi" eTide 13, VaB Town Code, or to tram sell, lease or agree tD sell or lease, any K tm&, parcel, site, separate xneast (~u~g a' *OehW thereof recorded in tip office of the Fagle County Cledt.aml Recorder. Subdivision Plat Review interest), interest in c moron, wrndwoinrum interest;. Unw share estate, fraabonel its, #.f,r-b, "hare Ikense, or any o#w division within a subx N.Won wRhfn the Tom until such subdwision has Wen approved in wrfling by the Administratm, Planning and ~l Commission and/or the Council (whi Never is applicable) and a plat went ~ ~c►mrounity Deve{opment 75 Sdiih Frontage Road,1'~ail, Colorado 816V te1:97(?.479.22~9 fax: 97G.479.2452 watt: wnlyV~yi.Ugev.aom Type of ApiPlRabl►11 and Fes;, D Duplex Sltbdrvisuxi Plat #100 C7. Administrative. PIatCpfr®GWr #100 O Single Farriify Swkrriiv>CeD Piet $100 X -COndon>inium/TawtJHeize Plat ;:1ii0 Descaipdon at dmii5egraest: Subdizn,,;aiorl r?.t ~If Ihn P{am;tJi~s 8A$, eii~,;l ~ F7. ae~Rirtg in a Owner(s) Sigtlatarjos): Jilan+e of Applieant: Maa;n9.,kaaress: tM;$. Frorltfi6Te M. VM,L,§a a moo vL1. Plitane, 970-476,-7ft,, E-mail Addresst WiDVlihermanhowanl.com _,Fax 97fl-476-711a . E3iYicB Uae DPtICy: F2e -Paid., Chedf;f!fo.• By'h - - Meetf{xj l7aW Atir►Un No: _ - Pla'rxner: Project No., F'ledevTFORMS1PennirllPlarminglAdrniniatrarive AtBOnslPfar Ravle~Nadmk+_pl>,t cenectldn_eubrt~tGrl regeCdac 13L2Bf45 Ppge t d4 fry Application for Administrative Subdivision Plat Review YFl; ?T t1.t} t r> Department of Community Development 'O`' 1s., 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: wvvw.vailgov.com General Information: It is unlawful for any person, business, or corporation to violate any of the provisions of Title 13, Vail Town Code, or to transfer, sell, lease or agree to sell or lease, any lot, tract, parcel, site, separate interest (including a leasehold interest), interest in common, condominium interest, time-share estate, fractional fee, or time-share license, or any other division within a subdivision within the Town until such subdivision has been approved in writing by the Administrator, Planning and Environmental Commission and/or the Council (whichever is applicable) and a plat thereof recorded in the office of the Eagle County Clerk and Recorder. Type of Application and Fee: ❑ Duplex Subdivision Plat $100 ❑ Administrative Plat Correction $100 ❑ Single Family Subdivision Plat $100 X Condominium/Townhouse Plat $100 Plaza Units 602 and 110, resulting in a Description o the Request: Subdivision slon o Village Inn portion of existing Unit 602 (a )pjo?xA 237,s ,_ft becoming art of Unit 110. - - - Location of the Proposal: Lot: O Block: 5D Subdivision: Vail Village Filing 1 Physical Address: 100 E. Meadow Dr.. Units 110 and 602, Vail, CO 81657 210108254010 - Unit #110 Parcel No.: 21Q1.O.g2cL4Q.31 - Unit #SQ2 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: SDD No. 6 Name(s) of Owner(s): Colondo Company.- Upit #11,0: Vail Village Inn. Inc. - Unit #602 Mailing Address: Colondo Company, c/o Priv Antonio Chedraui Ca ram, #248 C P. 91180. Xalapa, Veracruz. Mexico_ _ Phone. 011 52-228-814-1A67_ Owner(s) Signature(s): UNIT_#1,10: : UNIT #602_ Name of Applicant: Sherman & Howard LLCI Attn: Timothy N. Devi i-n.,-'Esq1., Mailing Address: 1000 S. Frontage Rd. West, Suite #200, Vail, CO 81657 v Phone: 970-476-7646 E-mail Address: tdevlin@shermanhoward.com Fax 970-476-7118 For Office Use Only: Fee Paid: Check No.: By:.... .._-__y... Meeting Date: Admin No.: a_. Planner:, Project No.: F:\cdev\FORMS\Permits\Planning\Administrative_Actions\Plat Review\admin_plat_correction_submittal_regs.doc 12128105 Page 1 of 4 Application for Administrative Correction Plat Y ;4, Review ~ r ; Submittal Requirements RI C14't GENERAL INEgE TM The purpose of this application is to allow for corrections to previously approved plats where the character and intent of the original plat is not altered. Examples include address changes, plat note amendments, plat title corrections, easement vacations, and other minor corrections. This process is intended to allow for the correction of plat errors and minor plat amendments where no "subdivision" occurs and conformance with applicable provisions of this code has been demonstrated. SUBMITTAL REQUIREMENTS Application Fee: $100.00 - required when the application is submitted to the Community Development Department. ❑ Recording Fee: $il for the first page of the mylar, plus $10 for each additional mylar page; and $6 for the first page of covenants or restrictions, plus $5 per each additional page; a check, written out to the Eagle County Clerk and Recorder, is required to be submitted once the plat has been approved by the Planning and Environmental Commission and prior to the recording of the plat. X Title Report, including Schedules A & B. X written approval from a condominium association, landlord, and joint owner, if applicable. Three (3) copies of the Proposed Plat (the requirements of the final plat are indicated below) ❑ Additional Material: The Administrator and/or PEC may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. II. DETAILED SUBMITTAL REQUIREMENTS FINAL PLAT REQVJR MPNTS After the Administrator has reviewed a paper copy the proposed plat, the applicant must submit two 2 molar copies of the final plat to the Department of Community Development. The final plat must contain the following information: 1. The final plat shall be drawn in India ink, or other substantial solution, on mylar, with dimension of twenty-four by thirty-six inches and shall be at a scale of one hundred feet to one inch or larger with margins of one and one-half to two inches on the left and one-half inch on all other sides. 2. Accurate dimensions to the nearest one-hundredth of a foot for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common uses and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, arc chord distances and bearings. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one in ten thousand. 3. North arrow and graphic scale. 4. A systematic identification of all existing and proposed buildings, units, lots, blocks, and names for all streets. 5. An identification of the streets, alleys, parks, and other public areas or facilities as shown on the plat, and a dedication thereof to the public use. An identification of the easements as shown on the plat F:\cdev\FORMS\Permits\PlanningWAdministrative_Actions\Plat Review\adminplat_correction_submittal_regs.doc 12/28105 Page 2 of 4 .I"L-L=-Lt_n_0 ~._:4l_.t I n: -HtKI'IHf I HU-,1H U r'. L_' L Village Inn Plaza, Phase III, Condominium Association 1(10 East Meadow Drive, Vail, Coloradc) 81657 July 26, 2009 Town of Vai_r. 74 South F7-0n.tage Road Vail, Colorado 81567 Re: 9-emorael grid Addition Plan Blue Line Architects P.C. Chedrui Residence Project # 0814 Sheetn A2.01 t}-irnuc;h. A2. f)4 i`krld A3.01 thrGUgh A3,04 inclusive. near Oirs: This letter is to in.form you that the Board of MatlcigerE of vai..1 Village Tart Plaza, Phase III, ('ondominiurn Association ras approved the conversion of approximately 1500 sq, ft. of commer- cial. space. Currently owned by Joe Staufer r_o x-esidential use to be inrli)ded in and be a part of the Chedraui tTni_t 1;10 vail Villa~je Inn Plaza, Pbase III Condominiums as set f_otrt'h in the plan identified. above as well cis any subwequent modifi.Gations thereto required by the Town of Vail ric)t tC> exceed 1500 sq. ft,-. Sincerely yours, Ax 1 I ri, rieane Hall Jr, President, Board of Managers JUL-23-200" 2=:40 From: Fax To: Tim Devlin Sherman Howard Fax: 303-298-0940 Phone: P70-47K 7646 Date; 7/29/2008 To ::-;HERMAt•J HOWARD P. 112 From; Robby Fax; 970-477-2155 Phone: 970-477-2153 Pages: 2 Subject: Association Approval Letter Portion Unit 602 Village Inn Plaza (Chedraui) Notes: Please find a fax copy of the letter from D. Dean Hall Jr. President Village Inn Plaza, Phase III Condominiurrr Assoc., Board of Directors Land Title Guarantee Company Date: 12-19-2008 Land Title Our Order Number: V50023072-6 tUANAN T CL C0h1 VAN 1' Property Address: A PORTION OF CONDOMINIUM UNIT 602, VILLAGE INN PLAZA, AS DEPICTED ON EXHIBIT TO CONTRACT VAIL, CO 81657 Buyer/Borrower: COLANDO COMPANY, A CAYMAN ISLANDS CORP Seller/Owner: VAIL VILLAGE INN, INC., A COLORADO CORPORATION Wire Information: 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: Jennifer Nolan 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 wwwAtgc.com lul UIl ULUUIIJ LU dIIV Ul UU1 JY 0111L U IUL.d LIUIIJ. ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 $2,706.00 Deletion of Exceptions 1-3 (Owner) $40.00 Deletion of General Exception 4 (Owner) $10.00 Tax Report R009888 $25.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $2,781.00 Form CONTACT 06/04 THANK YOU FOR YOUR ORDER! Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50023072-6 Schedule A Cust. Ref.: Property Address: A PORTION OF CONDOMINIUM UNIT 602, VILLAGE INN PLAZA, AS DEPICTED ON EXHIBIT TO CONTRACT VAIL, CO 81657 1. Effective Date: December 11, 2008 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: COLANDO COMPANY, A CAYMAN ISLANDS CORP 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: VAIL VILLAGE INN, INC., A COLORADO CORPORATION 5. The Land referred to in this Commitment is described as follows: NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND IS SUBJECT TO CHANGE UPON COMPLIANCE WITH THE REQUIREMENTS UNDER SCHEDULE B-1, HEREIN. CONDOMINIUM UNIT 751 AND A PORTION OF CONDOMINIUM UNIT 602, VILLAGE INN PLAZA, ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED NOVEMBER 19, 1982 IN BOOK 349 AT PAGE 11, AND AS DEFINED IN THE CONDOMINIUM DECLARATION RECORDED NOVEMBER 19, 1982 IN BOOK 349 AT PAGE 12, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50023072-6 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 prenlses which ar# due and payable. Item (d) Additional requirements, if any disclosed below: 1. RECORDATION OF THE CONDOMINIUM MAP FOR RESUBDIVISION OF UNIT 602, VILLAGE INN PLAZA. 2. RECORDATION OF AMENDMENT TO THE CONDOMINIUM DECLARATION FOR VILLAGE INN PLAZA RECORDED NOVEMBER 19, 1972 IN BOOK 349 AT PAGE 12. 3. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 4. CERTIFICATE OF GOOD STANDING OF COLANDO COMPANY, A CAYMAN ISLANDS CORP, ISSUED BY THE SECRETARY OF STATE OR OTHER APPROPRIATE OFFICER OF CAYMAN ISLANDS, A FOREIGN COUNTRY. 5. CERTIFIED COPY OF RESOLUTION OF THE GOVERNING BOARD OF COLANDO COMPANY, A CAYMAN ISLANDS CORP (AUTHORIZING THE PURCHASE OF SUBJECT PROPERTY AND EXECUTION OF NECESSARY DOCUMENTS) AND RECITING THAT THE BOARD HAS BEEN DULY AUTHORIZED IN THE PREMISES. SAID RESOLUTION MUST BE PROPERLY CERTIFIED BY AN OFFICER OF THE CORPORATION WITH THE CORPORATE SEAL AFFIXED. SAID RESOLUTION MUST BE SUBMITTED TO AND APPROVED BY LAND TITLE GUARANTEE COMPANY BUT NEED NOT BE RECORDED. PARTIAL RELEASE OF DEED OF TRUST DATED FEBRUARY 01, 2005, FROM VAIL VILLAGE INN, INC., A COLORADO CORPORATION TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF UNITED HERITAGE LIFE INSURANCE COMPANY, AN IDAHO CORPORATION TO SECURE THE SUM OF $1,300,000.00 RECORDED FEBRUARY 03, 2005, UNDER RECEPTION NO. 905245. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50023072-6 Continued: SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED FEBRUARY 03, 2005, UNDER RECEPTION NO. 905246. WARRANTY DEED FROM VAIL VILLAGE INN, INC., A COLORADO CORPORATION TO COLANDO COMPANY, A CAYMAN ISLANDS CORP CONVEYING SUBJECT PROPERTY. NOTE: SAID DOCUMENT CAN BE EXECUTED BY THE PRESIDENT, VICE-PRESIDENT OR CHAIRMAN OF THE BOARD (CEO) OF THE CORPORATION. IF ANY OTHER OFFICER OF THE CORPORATION OR AGENT EXECUTES SAID DOCUMENT ON BEHALF OF THE CORPORATION, A POWER OF ATTORNEY/RESOLUTION MUST BE PROVIDED TO LAND TITLE GRANTING SAID AUTHORIZATION. 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 LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF VAIL VILLAGE INN, INC., A COLORADO CORPORATION. CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF COLANDO COMPANY, A CAYMAN ISLANDS CORP. 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 AND ASSESSMENTS, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2008 AND SUBSEQUENT YEARS. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50023072-6 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 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. (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 that 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. EXISTING LEASES AND TENANCIES, IF ANY. 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 OF RECORD IN INSTRUMENT RECORDED JULY 12, 1899 IN BOOK 48 AT PAGE 475. 10. 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. 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 ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50023072-6 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: CONTAINED IN INSTRUMENT RECORDED IN BOOK 174 AT PAGE 179. 12. EASEMENT AND RIGHT OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., IN INSTRUMENT RECORDED NOVEMBER 19, 1971 IN BOOK 222 AT PAGE 321, AND AS SHOWN ON THE CONDOMINIUM MAP RECORDED NOVEMBER 19, 1982 IN BOOK 349 AT PAGE 11. 13. EASEMENT GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., IN INSTRUMENT RECORDED JANUARY 21, 1983 IN BOOK 352 AT PAGE 397. 14. 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 19, 1982, IN BOOK 349 AT PAGE 12 AND AS AMENDED IN INSTRUMENT RECORDED 15. ENCROACHMENT OF PARKING GARAGE INTO TEN FOOT EASEMENT AS SHOWN ON MERRICK AND COMPANY SURVEY DATED NOVEMBER 13, 1981, JOB #322 - 4219. 16. RECIPROCAL EASEMENT AGREEMENT BETWEEN VAIL VILLAGE INN, A COLORADO CORPORATION, JAMM LTD., A COLORADO LIMITED PARTNERSHIP AND VAIL VILLAGE INN ASSOCIATES, A COLORADO GENERAL PARTNERSHIP RECORDED JANUARY 3, 1983 IN BOOK 351 AT PAGE 324. 17. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 09, 1983 IN BOOK 367 AT PAGE 833. 18. EASEMENT BETWEEN VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION, A COLORADO NON-PROFIT CORPORATION, VAIL VILLAGE INN, INC., A COLORADO CORPORATION, AND F & L VAIL VILLAGE PARTNERSHIP, A COLORADO GENERAL PARTNERSHIP IN DOCUMENT RECORDED JULY 10, 1984 IN BOOK 388 AT PAGE 862. 19. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50023072-6 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 RECORDED PLAT OF VAIL VILLAGE FIRST FILING. 20. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED CONDOMINIUM MAP OF VILLAGE INN PLAZA. 21. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE CONDOMINIUM MAP OF A RESUBDIVISION OF UNIT 602, VILLAGE INN PLAZA RECORDED NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. 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. DISCLOS'RE 09/01/0-- NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies / Chicago Title Insurance Company Security Union Title Insurance Company July 1, tool We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy 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 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 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 Fidelityy 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 TOWN OF VAIL, COLORADO Statement Statement Number: R090000028 Amount: $100.00 01/09/200903:43 PM Payment Method: Check Init: SAB Notation: 2864 SHERMAN & HOWARD Permit No: ADM090001 Type: Administrative Parcel No: 2101-082-5401-0 Site Address: 68 E MEADOW DR VAIL Location: SUITES 110 & 602 Total Fees: $100.00 This Payment: $100.00 Total ALL Pmts: $100.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts PV 00100003112500 Administrative Fee 100.00