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HomeMy WebLinkAboutADM090004~.-.. ~_; ': 5. 4 ~: ~'~ qil 1~ Td4i1V 4F IAIL 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 LODGE AT LIONSHEAD CONDO PLAT CondThPl ADM Number: ADM090004 Parcel : 2101-064-0600-1 Project Description: AMEND CONDOMINIUM PLAT Participants: OWNER MID-OHIO SECURITIES CORP CUS 02/26/2009 C/0 MICHAEL J BERLAND 10 BANK ST STE 631 WHITE PLAINS NY 10606 APPLICANT LIONSHEAD PHASE II CONDO ASS 02/26/2009 SAM ECKER PO BOX 15 AVON CO 81620 Project Address: 380 E LIONSHEAD CR VAIL LODGE AT LIONSHEAD Phone: 970.479.8698 Location: Legal Description: Lot: 7 Block: Subdivision: LODGE AT LIONSHEAD Comments: BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 03/13/2009 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: CON0010598 The applicant shall correct the Administrator Certificate and Clerk and Recorder Certificate to reference the condominium "plat". Planner: Bill Gibson DRB Fee Paid: $100.00 "~ ~ ~j ~` 7~ 5/~1# ~~ 1T~ f } Application for Admi Subdivision Plat Department of Community Develop en 75 South Frontage Road, Vail, Colorado te1:970.479.2139 fax: 970.479.2452 web: www.vailgov.com i~ ~: ~ I ~ ~ ~~' ~~ i~.~ ~,. ~ative e~~ 2 ~ ~0~9 '',,~;I JI ~cavvr~ c~F d~~~~. ~ 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 ~i~thin 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 ~ Condominium/Townhouse Plat $100 Desciription of theTR_e'quest: Location of the Proposal: Lot: ~' Block:_L_ Subdivision: YMV ~ ~ ~~~SH~ / s' ~~~ Physical Address: ~ ~ ~. 4 r4.-~SK~/~ G i1u `G Parcel No.: Z~or o 6Y o6 oa ~ (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: Name(s) Of Owner(s): L /~IH~'~77 I~KA-sc' ,I~ c~.~-~oa~'"~~'j~~^ A~~G. ,r~~. Mailing Address: 3 `dam E~ LI~~SN~y e ~/ic~ ~' Phone: y ~'6 • Z ~ Owner(s) Signature(s): :T .~~"f'-~ Name of Applicant: - ,SAs~- (%~~ ~-~r/~- Mailing Address: Phone: E-mail Address: ,SFb~ trr~tdlLiWf.~, tv~ Fax: ~/~7 ' a ~ s'S~ For Office Ube Or~ily: .~ a~ By: ~+~0'~S~ ~(n.r.gC. ~- Fee Paid: (DG~ Check No.: Meeting Date: Admin No.: Planner: fflA ProiectNo.: 1~J0°!•et1 ~ F:\cdev\FORMS\Pertnits\Planning\Administrative_Actions\Plat Review\condo_th~lat.doc Page 1 of 4 12-6-2005 TOWN OF VAIL, COLORADO Statement Statement Number: 8090000195 Amount: $100.00 02/26/200904:37 PM Payment Method: Check Init: JLE Notation: 7955 LIONSHEAD PHASE II CONDO ASSOC ----------------------------------------------------------------------------- Permit No: ADM090004 Type: Administrative Parcel No: 2101-064-0600-1 Site Address: 380 E LIONSHEAD CR VAIL Location: LODGE AT LIONSHEAD 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 Y Chicago Title Insurance Company ALTA COMMITMENT Schedule A Property Address: VAIL LIONSHEAD PHASE II Z ~ 1 G7 ~°/ 1. Effective Date: September 17, 003 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: Information Binder Proposed Insured: LIONSHEAD PHASE II CONDOMII~TIUM ASSOCIATION, INC. 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: LIONSHEAD PHASE II CONDOMINIUM ASSOCIATION, INC. 5. The Land referred to in this Commitment is described as follows: THE LODGE AT LIONSHEAD ACCORDING TO THE CONDOMIIVIUM MAP THEREOF RECORDED JUNE 22, 1976 IN BOOK 247 AT PAGE 107 AND ACCORDING TO THE CONDOMINIUM DECLARATION FOR THE LODGE AT LIONSHEAD THEREOF RECORDED JANUARY 12, 1971 IN BOOK 219 AT PAGE 495 AND SECOND SUPPLE1b1E1~TT TO THE CONDOMINIUM DECLARATION THEREOF RECORDED MAY 4, 1976 IN BOOK 246 AT PAGE 165, AND THIItD SUPPLEMENT THERETO RECORDED AUGUST 7, 1991 IN BOOK 559 AT PAGE 492,COUNTY OF EAGLE, STATE OF COLORADO. MO'~l OoCJ"fi Our Order No. VC50002953 Cast. Ref.: `1 D _ ;~ ~,~' I ~~ '~ ~~ • ALTA COMMITMENT Schedule B -Section 1 (Requirements) Our Order No. VC50002953 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 in. imen+(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 product is for informational purposes only and does not constitute any form of title guarantee nor ins~u~ance. The liability of the company shall not exceed the charge paid by the applicant for this product, nor shall the company be held liable to any parry other than the applicant for this product. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B -Section 2 (Exceptions) Our Order No. VC50002953 The policy or poli©es to be issued will rnntain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to •the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, if any.. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTINGANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIlv1INATE AGAINST HANDICAPPED PERSONS, AS CONTAINED IN INSTRUMENT RECORDED MAY 18, 1970, IN BOOK 217 AT PAGE 675 AND AS AMENDED IN INSTRUMENT RECORDED JiJLY 30, 1970, IN BOOK 218 AT PAGE 334 AND AS AMENDED IN INSTRUMENT RECORDED OCTOBER 15, 1970 IN BOOK 218 AT PAGE 899. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 11. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASID UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABII.ITY, 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 MAY 18, 1970, IN BOOK 217 AT PAGE 675 AND AS AMENDED IN INSTRUMENT RECORDED JiJLY 30, 1970, IN BOOK 218 AT PAGE ALTA COMMITMENT Schedule B -Section 2 (Exceptions) Our Order No. VC50002953 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: 334 AND AS AMENDED IN INSTRUMENT RECORDED OCTOBER 15, 1970, IN BOOK 218 AT PAGE 899. 12. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS; AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN. SCHEDULE A, AS CONTAINED IN INSTRUMENT RECORDED JANUARY 12, 1971, IN BOOK 219 AT PAGE 495 AND AS AMENDED IN INSTRUMENT RECORDED MAY 04, 1976, IN BOOK 246 AT PAGE 165 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 07, 1991, IN BOOK 559 AT PAGE 492 AND AS AMENDED IN INSTRUMENT RECORDED OCTOBER 14, 1994 IN BOOK 652 AT PAGE 526 AND AS AMENDED IN INSTRUMENT RECORDID OCTOBER 25, 2001 UNDER RECEPTION NO.770775 ~~ ~Y~-. 10 / Z~-' ~ 13. EASEMENTS, COVENANTS, CONDITI0IVS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED AMENDED CONDOMINIUM MAP OF THE LODGE AT LIONSHEAD RECORDED SEPTEMBER 24, 1974 IN BOOK 247 AT PAGE 107, AND AMENDMINTS THERETO. 14. TERMS, CONDITIONS AND PROVISIONS OF MDU BROADBAND SERVICES AGREEMENT - RECORDED APRIL 24, 2003 AT RECEPTION NO. 831108. 15. EXISTING LEASES AND TENANCIES. 16. ANY AND ALL ENCUMBERANCES WHICH HAVE BEEN CREATED BY THE INDIVIDUAL CONDOMINIUM UNIT OWNERS. ~~ . 'rZ~ .,~~+.J O'er /1f''f'~ L_. ~.P,... ~ ~ ~I ~~ ~~ a g ~agz/y ~ -~ 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 regazding special districts and the boundaries of such districts may be obtained from the Boazd 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 appeaz 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 aze fully satisfied. Form DISCLOSURE 09/01/02 NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies /Chicago Title Insurance Company Security Union Title Insurance Company July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the uirements of applicable federal and state privacy laws. ~e believe that ma~n~ you aware of how we use your non.pub~c personal information ("Personal Infonnation'~, 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; * Fmm our intereet 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 hmit 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 busmess`purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, sach 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 regiested; , * 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 fi~ 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 actlvities. 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. Stich documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Company shall be in writing, and delivered to the following address: Privacy Compliance Officer Fidelityty National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Form PRIV.POL.CHI NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D/B/A LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d!b/a Land Title Guarantee Company -Grand Junction. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is o~ of our highest priorities. We recognize .that maintaining your trust and confidence is the bedrock of our business. We maintain and regulazly review internal and external safeguards against unauthorized access to non-public personal information ("Personal l.nformation'~. In the course of olir 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 govermreT!rat 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 fo 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 azbitration 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