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HomeMy WebLinkAboutADM0800235 '� fl Ti74f�V0RAIL 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 Project Name: MORIIZ /GILMARTIN PLAT REVIEW Application Type: DupSubPl ADM Number: ADM080023 Parcel: 2101- 063 - 0106 -1 Project Description: DUPLEX PLAT Participants: OWNER MORITZ, TERRY F. & CAROL L. 10/29/2008 100 BELLE AVE HIGHLAND PARK IL 60035 -2504 APPLICANT TERRY BOWEN 10/29/2008 1801 CALIFORNIA ST #4300 DENVER CO 80202 Project Address: 788 POTATO PATCH DR VAIL Location: Legal Description: Lot: 13 Block: 1 Subdivision: VAIL POTATO PATCH Comments: BOARD /STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 11/20/2008 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). Cond: CON0010470 The applicant shall delete the Planning and Environmental Commission plat certificate, complete plat note #4, and revise plat note #5 to refer to the Town of Vail rather than Eagle County. Planner: Bill Gibson DRB Fee Paid: $100.00 FILE COPY TOWNOFYZV Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970 -479 -2138 FAX 970 -479 -2452 www.vailgov.com November 20, 2008 Terry Bowen, Esq. Senn Visciano Kirschembaum P.C. 1801 California Street, Suite 4300 Denver, CO 80202 RE: Mortiz Trust Duplex Plat (ADM08 -0023) 788 Potato Patch /Lot 13, Block 1, Vail Potato Patch Subdivision Dear Terry, The Town of Vail Staff has reviewed the proposed duplex plat application for the property located at 788 Potato Patch. The following is a summary of the comments from that review: The applicant shall delete the Planning and Environmental Commission plat certificate. The applicant shall complete plat note #4. The applicant. shall revise plat note #5 to refer to the Town of Vail rather than Eagle County. Please make the above listed corrections and then submit two signed mylar copies of the plat with all certificates completed, except the Administrator Certificate and the Clerk and Recorder Certificate. Also submit a final signed copy of any deed restrictions or covenants to be recorded with the plat. Additionally, please submit a check paid to the order of the Eagle County Clerk and Recorder in the amount of the recordation fees. Once these items have been submitted to the Town of Vail, the Town Clerk will record the approved plat with the Eagle County Clerk and Recorder. If you have any questions, please feel free to contact me directly at (970) 479 -2173. Sincerely, Bill Gibson, AICP Town Planner Town of Vail �� RECYCLED PAPER Application for Administrative Subdivision Plat Review N N O O F iV4k , D epartment of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.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: It Duplex Subdivision Plat $100 ❑ Administrative Plat Correction $100 ❑ Single Family Subdivision Plat $100 ❑ Condominium /Townhouse Plat $100 Description of the Request: Approval of Second Amended Final Plat to create Parcel A -1 for exclusive use of Parcel A Location of the Proposal: Lot: 13 Block: 1 Subdivision: Vail /Potato Patch Physical Address: 788 Po tato Patch, Vail, CO 81657 Parcel No.: 210106 301062 (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Zoning: Two - Family Primary /Secondary Residential (PS) Name(s) of Owner(s): Carol L. Moritz Trust; and Ann Gilmartin Mailing Address: (see attached Addendum) Phone: (see attached Addendum) Owner(s) Signature(s): (see attached Addendum) Name of Applicant: Terry R. Bowen, Esq. of Senn Visciano Kirschenbaum P.C Mailing Address: 1801 California Street, Suite 4300, Denver, CO 80202 Phone: 303 - 298 -1122 E -mail Address: TBowen@SennLaw.com Fax 303 - 296 -9101 For Office Use _Only: O��Z Fee Paid: ! _ Check No.: �- J By: 1 Meeting Date: Admin No.: Planner: 0 -� Project No.: (�J C f r n- 4x" ri� F: \cdev\ FORMS\ Permits \Planning\Administrative _Actions \Plat Review \adm OCT cover.doc 12/28/05 VV V I TOWN OF VAIL, COLORADO Statement Statement Number: R080002073 Amount: $100.00 10/29/200802:36 PM Payment Method: Check Init: JLE Notation: 8849 TERRY MORITZ ----------------------------------------------------------------------- - - - - -- Permit No: ADM080023 Type: Administrative Parcel No: 2101 - 063 - 0106 -1 Site Address: 788 POTATO PATCH DR VAIL Location: 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 At> M og ooa3 SENN • VISCIANO • KIRSCHENBAUM P.C. ATTORNEYS AT LAW 1801 CALIFORNIA STREET, SUITE 4300 DENVER, COLORADO 80202 -2604 TELEPHONE (303) 298 -1122 FACSIMILE (303) 296 -9101 www.SennLaw.com October 28, 2008 Town of Vail Department of Community Development 75 South Frontage Road Vail, CO 81657 VW 1 E I D OCT 2 9 2008 I 'OWN OF VAIL TERRY R. BOWEN TBowen @SennLaw.com Re: Application for Administrative Subdivision Plat Review Our File No. 3968 -002 Dear Sir or Madam: I am an attorney representing the Carol L. Moritz Trust with respect to its proposed amendment of the subdivision plat for Vail /Potato Patch, Lot 13, Block 1. The following are enclosed for submittal to the Town of Vail in this regard: 1. Application for Administrative Subdivision Plat Review (Duplex Subdivision Plat), which has been approved and signed by both owners of the Lot; 2. A check payable to the Town of Vail in the amount of $100.00 as payment of the Application Fee; A check payable to the Eagle County Clerk and Recorder in the amount of $47.0 a payment of the Recording Fee; C A&Ai W ID alcx - v T,zrrj 4. Title Report pertaining to this Lot, prepared effective September 25, 2008 by Stewart Title Guaranty Company; and 5. Three (3) copies of the proposed Second Amended Final Duplex Plat. Please do not hesitate to contact me at 303 - 298 -1122, or by email at tbowen(a)sennlaw.com if you have any questions or need to discuss this application. Very truce yours, Tefrv/R/Zbw6n TRB /Irw Enclosures cc: Terry F. Moritz (w /out encl.) Frank Gilmartin (w /out encl.) .9 I ell, Z�-Ilq P' \3968 \002 \com \TRB L -Vail Dept of Community Development. doc ADDENDUM TO 2 n I I TOWN OF V AIL APPLICATION FOR ADMINISTRATIVE SUBDIVISION PLAT REVIEW (Page 1) Town of Vail, Colorado Lot 13, Block 1, Vail /Potato Patch 788 -A Potato Patch: Name of Owner: Carol L. Moritz Trust Mailing Address: 100 Belle Avenue Highland Park, IL 60035 Owner Signature: Carol L. Moritz Trust B Carol L. Moritz, Truste Addendum — Page 1 P: \3968 \002 \doc ADDENDUM to Subdivision Application.doc A--�>w wao�5 TO APPLICATION FOR ADMINISTRATIVE SUBDIVISION PLAT REVIEW (Page 2) ADDENDUM Town of Vail, Colorado Lot 13, Block 1, Vail /Potato Patch i I r 788 -B Potato Patch: Name of Owner: Ann Gilmartin Mailing Address: 105 Leroy Avenue Darien, CT 06820 Owner Signature: I Ann Gili n Addendum — Page 2 PA3968 \002 \doc\NDDENDUM to Subdivision Application.doc 4T)MMd0J:?> ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE Issued by � tle guaranty Stewart Title Guaranty Company, a Texas Corporation ( "Company "), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: Anlhoriaed Cmmter iparore Stewart Title of Colorado, Inc. Vail Division 97 Main Street, Suite W -201 Edwards, Colorado 81632 Phone: 970- 926 -0230 Fax: 970 - 926 -0235 Order Number: Moritz ��t title guaranty company ALTA Commitment (6/17/06) Senior Chair��man��of t e Board Chairman of the Board �A� President COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: September 25, 2008, at 7 :30 A.M. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (b) A.L.T.A. Loan Order Number: Moritz Amount of Insurance 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: CAROL L. MORITZ TRUST, DATED JUNE 3, 1988, as to Parcel A ANN GILMARTIN, as to Parcel B 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Statement of Charges: These charges are due and payable before a Policy can be issued: Search Fee: $150.00 Order Number: Moritz ALTA Commitment (6117/06) — Schedule A Pagel of 2 title guaranty company SCHEDULE A LEGAL DESCRIPTION Parcel A, AMENDED FINAL PLAT AND RESUBDIVISION OF LOT 13, BLOCK 1, VAIL /POTATO PATCH According to the plat recorded March 7, 1989 in Book 501 at Page 627 as Reception No. 397815. COUNTY OF EAGLE STATE OF COLORADO Parcel B, AMENDED FINAL PLAT AND RESUBDIVISION OF LOT 13, BLOCK 1, VAIL /POTATO PATCH According to the plat recorded March 7, 1989 in Book 501 at Page 627 as Reception No. 397815. COUNTY OF EAGLE STATE OF COLORADO Order Number: Moritz S Ww4Y t ALTA Commitment (6/17/06) - Schedule A Page 2 of 2 title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: Moritz The following are the requirements to be complied with: I. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. None, this report has been prepared for informational purposes only. Order Number. Moritz r � ALTA Commitment (6117106) — Schedule B 1 Page 1 of 1 title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: Moritz The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to 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 the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Reservations or exceptions in Patents, or in Acts authorizing the issuance thereof, including the reservation of a right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded August 15, 1935 in Book 93 at Page 278. 11. Protective Covenants recorded March 5, 1974 in Book 233 at Page 628 as Reception No. 129526 and as amended in instrument recorded September 24, 1975 in Book 241 at Page 950 as Reception No. 138069. 12. All matters shown on the plat of Vail/Potato Patch, recorded in Book 233 at Page 629 as Reception No. 129527. Order Number: Moritz rt ALTA Commitment (6/17/06) - Schedule B 2 Page 1 of 2 title guaranty company 13. All matters shown on the plat recorded February 5, 1988 in Book 478 at Page 393 as Reception No. 374604 and on the plat recorded March 7, 1989 in Book 501 at Page 627 as Reception No. 397815. 14. Party Wall and Common Maintenance Declaration recorded February 5, 1988 in Book 478 at Page 394 as Reception No. 374605. Order Number: Moritz Y Y ALTA Commitment (6/17!06) - Schedule B 2 I Page 2 of 2 title guaranty company Order Number: Moritz DISCLOSURES Note: Pursuant to C.R.S. 10 -11 -122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3 -5 -1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Colorado, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule 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 materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfilled mechanic's and Materiahnen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10 -11 -123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy comrnitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Order Number: Moritz Disclosures Stewart Title Guaranty Company Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm - Leach - Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non - financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Stewart Title of Colorado, Inc. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm- Leach - Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title of Colorado, Inc. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non - financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and ,procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Stewart Title of Colorado, Inc. DISCLOSURE The title company, Stewart Title of Colorado, Inc. - Vail Division - Edwards in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, 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 shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http: / /www.alta.org. I - st ewar t title uaran company 9 tY P Y All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252.