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Home My WebLink AboutDRB090062Design Review Board਍ഀ ACTION FORM਍ഀ MR OF Val਍ഀ C_)e.rJJ'0_Y CC VELCP%4_N-਍ഀ Department of Community Development਍ഀ 75 South Frontage Road, Vail, Colorado 81657਍ഀ tel: 970.479.2139 fax: 970.479.2452਍ഀ web: www.vailgov.com਍ഀ Project Name: DRB Number: DRB090062਍ഀ Project Description:਍ഀ Participants:਍ഀ APPROVED UNIT B ADDITION AND REMODEL AND ENTIRE BUILDING RE-ROOF਍ഀ OWNER DOCKSTADER, RODGERS A. & MAR 03/23/2009਍ഀ PO BOX 2889਍ഀ VAIL਍ഀ CO 81658਍ഀ APPLICANT SNOWDON AND HOPKINS, ARCHITE 03/23/2009਍ഀ PO BOX 3340਍ഀ VAIL਍ഀ CO 81658਍ഀ License: 0000001763਍ഀ ARCHITECT SNOWDON AND HOPKINS, ARCHITE 03/23/2009਍ഀ PO BOX 3340਍ഀ VAIL਍ഀ CO 81658਍ഀ License: 0000001763਍ഀ Project Address: 3987 LUPINE DR VAIL Location: UNITS B਍ഀ Legal Description: Lot: 8 Block: Subdivision: BIGHORN SUB਍ഀ Parcel Number: 2101-122-1901-5਍ഀ Comments: See conditions below਍ഀ BOARD/STAFF ACTION਍ഀ Phone: 970-476-2201਍ഀ Phone: 970-476-2201਍ഀ Motion By: Action: STAFFAPP਍ഀ Second By:਍ഀ Vote: Date of Approval: 04/13/2009਍ഀ 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.਍ഀ Planner: Nicole Peterson DRB Fee Paid: $300.00਍ഀ PLANNING CHECK SHEET਍ഀ Property Information਍ഀ Property Address਍ഀ 3987 Lupine Drive਍ഀ Parcel #s਍ഀ Legal Description਍ഀ Parcel B, Lot 8 Bighorn Subdivision਍ഀ Development Site Area਍ഀ Ac਍ഀ 0.7638਍ഀ Sq Ft਍ഀ 33,271.13਍ഀ Buildable਍ഀ 33,271.13਍ഀ Zoning / SDD #਍ഀ Two-Family Residential (R)਍ഀ Land Use Designation਍ഀ Low Density Residential਍ഀ Known Non-Conformities਍ഀ Na਍ഀ Previous Approvals਍ഀ Hazard Zones਍ഀ Snow Avalanche਍ഀ Powder Blast Zone over most of site਍ഀ Sections 12-12, 12-21, 14-6 & 14-7਍ഀ Debris Flow਍ഀ No਍ഀ Roc all਍ഀ High severity over whole site਍ഀ Excessive Slopes਍ഀ (Site Disturbance 12-21-14)਍ഀ No਍ഀ Flood lain਍ഀ No਍ഀ Wetlands Y/N਍ഀ N਍ഀ o਍ഀ Creeks, Streams਍ഀ Section 12-14-17਍ഀ Gore Creek਍ഀ on north side਍ഀ Setback਍ഀ 50 ft਍ഀ Proposed਍ഀ Meets਍ഀ standard਍ഀ Sidewalks/ Trails਍ഀ None਍ഀ Contact Information਍ഀ Planner/ Date਍ഀ Nicole Peterson 04/10/2009਍ഀ Owner Contact Info਍ഀ Primary Contact/ Owner਍ഀ Representative Info਍ഀ Project Information਍ഀ Project Description਍ഀ Unit A - Replace wood shake roof਍ഀ Unit B: Replace wood-shake roof, 2-story addition, remove existing stair,਍ഀ remodel and new bedroom (910 sf new GRFA)਍ഀ Land Use A lication(s) #਍ഀ DRB09-0062਍ഀ Proposed Uses਍ഀ (As defined b Zoning)਍ഀ Duplex਍ഀ Permitted, Conditional,਍ഀ Prohibited?਍ഀ Perm਍ഀ itted਍ഀ Date Routed/ DRT Meeting਍ഀ Comments received PW 3/26 - no issues, Fire 3/27 monitored fire alarm਍ഀ required.਍ഀ Gross Residential Floor Area (Chapter 15)਍ഀ Total Allowed਍ഀ 8,646.3਍ഀ -Existing਍ഀ 6,867਍ഀ -Proposed਍ഀ 910਍ഀ Remain਍ഀ 869.3 sf਍ഀ 250 or Interior Conversion?਍ഀ No਍ഀ Zoning District Standards਍ഀ Setbacks (perimeter)਍ഀ Minimum Front਍ഀ 20਍ഀ Proposed਍ഀ No change਍ഀ Projections 14-10-4਍ഀ Minimum Side਍ഀ 15਍ഀ Proposed਍ഀ No change਍ഀ Minimum Side਍ഀ 15਍ഀ Proposed਍ഀ No change਍ഀ Minimum Rear਍ഀ 15਍ഀ Proposed਍ഀ No change਍ഀ Site Coverage਍ഀ Maximum਍ഀ 20% (6,654.23)਍ഀ Proposed਍ഀ 14.06% (4,681)਍ഀ Building Height਍ഀ Maximum਍ഀ 33'਍ഀ Proposed਍ഀ No change਍ഀ Landscaping਍ഀ Sections 14-10-8 & 14-10-9਍ഀ Minimum਍ഀ 60%਍ഀ Proposed਍ഀ No change (Area਍ഀ already walkway)਍ഀ Lighting਍ഀ Section 14-10-7਍ഀ Allowed਍ഀ 16 fixtures਍ഀ allowed (unit B)਍ഀ Proposed਍ഀ 11 fixtures਍ഀ existing, 2਍ഀ proposed, total 13਍ഀ - ok (Unit B)਍ഀ Roof Material਍ഀ Sections 12-11-3C & 14-10-5਍ഀ Complies Y/N਍ഀ Replace entire duplex roof - from wood shake to਍ഀ composite shingles - wheathered grey਍ഀ Notes਍ഀ General Information: This application is required for all proposals involving the addition of any floor area, including਍ഀ net floor area and/or gross residential floor area (GRFA). This also includes proposals for 'residential 250 additions' and਍ഀ 'interior conversions'. Applicable Vail Town Code sections can be found at www.vailgov.com under Vail Information -਍ഀ Town Code Online. All projects requiring design review must receive approval prior to submitting a building permit ap-਍ഀ plication. An application for Design Review cannot be accepted until all required information is received by the Commu-਍ഀ nity Development Department, as outlined in the submittal requirements. The project may also need to be reviewed by਍ഀ the Town Council and/or the Planning and Environmental Commission. Design review approval expires one year from਍ഀ the date of approval, unless a building permit is issued and construction commences.਍ഀ Fee: $300਍ഀ Single Family਍ഀ Description of the Request:਍ഀ V Duplex਍ഀ Multi-Family਍ഀ Commercial਍ഀ P7 -਍ഀ -31 yP vz, ~਍ഀ Physical Address: ti t1 v,,1* A਍ഀ Parcel Number: n JDJ~ (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)਍ഀ Property Owner:਍ഀ Mailing Address:, gl~fl 24t(' 6~,5 -਍ഀ Phone:਍ഀ Owner's Signatu਍ഀ Primary Contact/ Owner Representative:਍ഀ Mailing Address:਍ഀ r5਍ഀ 1਍ഀ 1 _ Phone: "T lLP 'G-,W+ (71) 1W W'1 W 1਍ഀ E-Mail:!gPmig ~IJ~i✓~VIS ~Wl Fax: 4Ur I-lig਍ഀ For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Auth # Check # ga਍ഀ Fee Paid: Received From: S "WJDY\ +-1 1Gin਍ഀ Meeting Date: DRB No.: nn Z਍ഀ Planner: Project No:਍ഀ Zoning: 4& Alp Land Use:਍ഀ Location of the Proposal: Lot: Block: Subdivision: A'਍ഀ nws਍ഀ Application for Design Review਍ഀ Additions - Residential or Commercial਍ഀ Addition of sq ft of GRFA (Residential) or sq ft of net floor area (Commercial/ Office)਍ഀ 03/13/2009 13:33 FAX 3037994259 RIM OPERATING INC Q002/002਍ഀ E7 _71 " 7਍ഀ D਍ഀ JOINT PROPERTY OWNER਍ഀ WRITTEN APPROVAL LETTER਍ഀ 7 N/1਍ഀ This form Is applicable to all Design Review applicants that share ownership of the subject property. For exam-਍ഀ pie, the subject property where construction is occurring is a duplex, condominium or multi-tenant building. This਍ഀ form shall be completed by the applicant's neighbor/ joint property owner. In the case of a multiple-family dwell-਍ഀ ing or multi-tenant building, the authority of the association shall complete this form and mail to: Community਍ഀ Development Department, 75 South Frontage Road, Vail, CO 81657 or fax to 970.479.2452.਍ഀ I, (print name) `c • a joint owner, or authority of the association, of property਍ഀ located at provide this letter as਍ഀ written approval of the plans dated਍ഀ which have been submitted to the਍ഀ Town of Vail Community Development Department fior the proposed Improvements to be completed at the ad-਍ഀ noted !~ve I unde nd that *P- proposed i~praove ents Include:਍ഀ e਍ഀ (Date)਍ഀ Additionally please check th~ statement below which is most aMicable to you:਍ഀ D,Tundstand that minor mod+ations may be made to the plans over the course of the revIew prOCISM to en-਍ഀ sure compliance with the Town's applicable codes and regulations.਍ഀ (Initial here)਍ഀ b✓f _request ifrat all mo&rkafyons, minor or otherwise, which are made to the plans over the course of the re-਍ഀ view process, be brought to my attention by the applicant for additional approval before undergoing further re-਍ഀ view by own.਍ഀ (Initial here)਍ഀ (03/31/2009) Nicole Petersen - DRB09-0052 Dockstader Page 1਍ഀ From: Mike McGee਍ഀ To: Nicole Peterson਍ഀ Date: 03/27/2009 11:18 AM਍ഀ Subject: DRB09-0052 Dockstader਍ഀ CC: Fire-Inspectors਍ഀ Fire access to all points of exterior is greater than 150 ft from available staging area.਍ഀ Per IFC 9901.4.3, a monitored fire alarm system is required. RF devices are acceptable in existing rooms not under਍ഀ remodel. All other devices should be hard wired.਍ഀ 03/27/2009) Nicole Peterson - Dockstader Page 1਍ഀ From: Chris Delles਍ഀ To: Nicole Peterson਍ഀ Date: 03/26/2009 2:08 PM਍ഀ Subject: Dockstader਍ഀ Public Works has no issues. I signed off in Permits Plus.਍ഀ PROPOSED MATERIALS II ``1 EE, '਍ഀ 11 V਍ഀ Building Materials Type of Material MAC 2 3 2009 Color਍ഀ J਍ഀ Roof ~,fbz a਍ഀ Siding -rZ9 U.41-6#਍ഀ Other Wall Materials਍ഀ Fascia਍ഀ Soffits਍ഀ C~਍ഀ Windows਍ഀ Window Trim਍ഀ Doors Mon਍ഀ Door Trim਍ഀ L(9ocy਍ഀ Hand or Deck Rails਍ഀ Flues਍ഀ Flashing਍ഀ Chimneys਍ഀ Trash Enclosures਍ഀ Greenhouses਍ഀ Retaining Walls਍ഀ Exterior Lighting਍ഀ Other਍ഀ ~a~'਍ഀ Notes:਍ഀ Please specify the manufacturer's name, the color name and number and attach a color chip.਍ഀ PROPOSED LANDSCAPING਍ഀ Botanical Name Common Name਍ഀ PROPOSED TREES਍ഀ AND SHRUBS਍ഀ Minimum Requirements for Landscaping:਍ഀ Type਍ഀ GROUND COVER਍ഀ SOD਍ഀ SEED਍ഀ IRRIGATION਍ഀ TYPE OF EROSION CONTROL਍ഀ Deciduous Trees - 2" Caliper਍ഀ Coniferous Trees - 6' in height਍ഀ Shrubs - 5 Gal.਍ഀ Square Footage਍ഀ uanti Size਍ഀ MAR 2 3 1909਍ഀ TOWN OF WAIL਍ഀ Please specify other landscape features (i.e. retaining walls, fences, swimming pools, etc.)਍ഀ • L A N D T I T L E G U A R A N T E E C O M P A N Y਍ഀ MARY B. DOCKSTADER and RODGERS A. DOCKSTADER਍ഀ P.O. BOX 2889਍ഀ VAIL, CO 81658਍ഀ Dear Customer:਍ഀ D ~(Q~ E਍ഀ MAR਍ഀ To°rffN਍ഀ Land Title Guarantee Company is pleased to provide you with਍ഀ your Owner's Title Insurance Policy. This valuable document਍ഀ insures good and marketable title to your property. Please਍ഀ review the policy in its entirety. We at Land Title Guarantee਍ഀ Company believe in providing you, our customer, with a quality਍ഀ product which will serve your needs.਍ഀ In the event you do find any discrepancy, or if you have any਍ഀ questions or comments regarding your final policy, please਍ഀ contact the following department and we will gladly handle any਍ഀ request you may have as efficiently and quickly as possible.਍ഀ TITLE DEPARTMENT਍ഀ TELEPHONE # (303)476-2251਍ഀ FAX #(303)476-4534਍ഀ PLEASE REFER TO ORDER NO. V252933਍ഀ Should you decide to sell the property described in Schedule਍ഀ A, or if you are required to furnish a new title commitment਍ഀ for mortgage purposes, you may be entitled to a credit toward਍ഀ future title insurance expenses. Land Title Guarantee Company਍ഀ will retain a copy of the enclosed title policy, and in the਍ഀ event you do need future services, we will be in a position to਍ഀ again serve you promptly and efficiently.਍ഀ Thank you very much for giving Land Title Guarantee Company਍ഀ the opportunity to serve you.਍ഀ i਍ഀ Form AO 4/95਍ഀ Order No. V252933਍ഀ SCHEDULE A਍ഀ Policy No. LTEH252933਍ഀ Amount $720,000.00਍ഀ Address਍ഀ 1. Policy Date: July 02, 1996 at 5:00 P.M.਍ഀ 2. Name of Insured:਍ഀ MARY B. DOCKSTADER and RODGERS A. DOCKSTADER਍ഀ 3. The estate or interest in the land described in this Schedule਍ഀ and which is covered by this policy is:਍ഀ A Fee Simple਍ഀ 4. Title to the estate or interest covered by this policy at the਍ഀ date hereof is vested in:਍ഀ MARY B. DOCKSTADER and RODGERS A. DOCKSTADER਍ഀ 5. The land referred to in this policy is situated in EAGLE਍ഀ County, Colorado, and is described as follows:਍ഀ PARCEL B, A RESUBDIVISION OF LOT 8 BIGHORN SUBDIVISION਍ഀ ACCORDING TO THE PLAT RECORDED JULY 24, 1984 IN BOOK 390 AT਍ഀ PAGE 317, COUNTY OF EAGLE, STATE OF COLORADO.਍ഀ LAND TITLE GUARANTEE COMPANY਍ഀ Page 1 This Policy valid only if Schedule B is attached.਍ഀ Form AO 4/95 Order No. V252933 Policy No. LTEH252933਍ഀ SCHEDULE B਍ഀ This policy does not insure against loss or damage by reason of਍ഀ the following:਍ഀ 1. Rights or claims of parties in possession not shown by the਍ഀ public records.਍ഀ 2. Easements, or claims of easements, not shown by the public਍ഀ records.਍ഀ 3. Discrepancies, conflicts in boundary lines, shortage in area,਍ഀ encroachments, and any facts which a correct survey and਍ഀ inspection of the premises would disclose and which are not਍ഀ shown by the public records.਍ഀ 4. Any lien, or right to a lien, for services, labor, or਍ഀ material theretofore or hereafter furnished, imposed by law਍ഀ and not shown by the public records.਍ഀ 5. 1996 TAXES NOT YET DUE OR PAYABLE AND ASSESSMENTS NOT YET CERTIFIED TO THE਍ഀ TREASURERS OFFICE.਍ഀ 6. LIENS FOR UNPAID WATER AND SEWER CHARGES, IF ANY.਍ഀ 7. 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 April 28, 1900, IN BOOK 48 AT਍ഀ PAGE 477-਍ഀ 8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE਍ഀ UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED April 28, 1900,਍ഀ IN BOOK 48 AT PAGE 477 AND RECORDED NOVEMBER 22, 1939 IN BOOK 123 AT PAGE਍ഀ 625.਍ഀ 9. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,਍ഀ BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR਍ഀ NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED December 20, 1962, IN਍ഀ BOOK 174 AT PAGE 403.਍ഀ 10. RESERVATION OF A 10 PERCENT NONPARTICIPATING ROYALTY IN AND TO THE PROCEEDS਍ഀ FROM THE SALE OF MINERALS ETC., PRODUCED AND MINED FROM SAID PREMISES AS਍ഀ RESERVED IN DEED FROM GUST KIAHTIPES DATED SEPTEMBER 30, 1962 IN BOOK 166਍ഀ AT PAGE 407.਍ഀ 11. FOR ZONING PURPOSES, THE TWO LOTS CREATED BY THIS SUBDIVISION ARE TO BE਍ഀ TREATED AS ONE ENTITY WITH NO MORE THAN ONE TWO FAMILY RESIDENCE ALLOWED ON਍ഀ THE COMBINED AREA OF THE TWO LOTS. ALLOWABLE GROSS RESIDENTIAL FLOOR AREA਍ഀ FOR THE TWO FAMILY RESIDENCE WILL BE CALCULATED BASED ON THE COMBINED AREA਍ഀ OF THE TWO LOTS.਍ഀ Page 2਍ഀ Form AO 4/95 Order No. V252933 Policy No. LTEH252933਍ഀ SCHEDULE B਍ഀ 12. TERMS, CONDITIONS AND PROVISIONS OF PARTY WALL AGREEMENT RECORDED July 24,਍ഀ 1984 IN BOOK 390 AT PAGE 318 AND AMENDMENT TO DECLARATION RECORDED NOVEMBER਍ഀ 22, 1993 IN BOOK 625 AT PAGE 466.਍ഀ 13. TERMS, CONDITIONS AND PROVISIONS OF CLAIM OF EASEMENT RECORDED October 21,਍ഀ 1994 IN BOOK 653 AT PAGE 195.਍ഀ 14. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE਍ഀ RECORDED PLAT OF A RESUBDIVISION OF LOT 8 BIGHORN SUBDIVISION.਍ഀ 15. EXISTING LEASES AND TENANCIES.਍ഀ 16. DEED OF TRUST DATED June 21, 1996, FROM MARY B. DOCKSTADER and RODGERS਍ഀ A. DOCKSTADER TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF COLORADO਍ഀ STATE BANK OF DENVER TO SECURE THE SUM OF $465,000.00 RECORDED July 02,਍ഀ 1996, IN BOOK 698 AT PAGE 771.਍ഀ Page 3਍ഀ Owner's Policy਍ഀ American Land Title Association Owner's Policy 10-17-92਍ഀ No.਍ഀ >F਍ഀ * SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE਍ഀ * is B AND THE CONDITIONS AND STIPULATIONS,਍ഀ OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company,਍ഀ insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the਍ഀ insured by reason of.਍ഀ 1. Title to the estate or interest described in Schedule A being vested other than as stated therein;਍ഀ 2. Any defect in or lien or encumbrance on the title;਍ഀ 3. Unmarketability of the title;਍ഀ 4. Lack of a right of access to and from the land.਍ഀ The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions਍ഀ and Stipulations.਍ഀ IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly਍ഀ authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company.਍ഀ EXCLUSIONS FROM COVERAGE਍ഀ The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses਍ഀ which arise by reason of:਍ഀ 1. (a) Any law, ordinance or governmental regulation (including, but not limited to, building and zoning laws, ordinances, or regulations) restricting, regulating,਍ഀ prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter਍ഀ erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv)਍ഀ environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the਍ഀ enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the਍ഀ public records at Date of Policy.਍ഀ (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or਍ഀ encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.਍ഀ 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any਍ഀ taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.਍ഀ 3. Defects, liens, encumbrances, adverse claims, or other matters:਍ഀ (a) created, suffered, assumed or agreed to by the insured claimant,਍ഀ (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the਍ഀ Company by the insured claimant prior to the date the insured claimant became an insured under this policy,਍ഀ (c) resulting in no loss or damage to the insured claimant;਍ഀ (d) attaching or creating subsequent to Date of Policy, or਍ഀ (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.਍ഀ 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal਍ഀ bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:਍ഀ (a) the transaction creating the estate or interest insured by this polity being deemed a fraudulent conveyance or fraudulent transfer, or਍ഀ (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results਍ഀ from the failure:਍ഀ (i) to timely record the instrument of transfer, or਍ഀ (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.਍ഀ Issued through the Office of਍ഀ LAND TITLE GUARANTEE COMPANY਍ഀ 106 SOUTH FRONTAGE ROAD W.਍ഀ P.O.BOX~357਍ഀ VAIL, COLORADO 61657਍ഀ 303/4762251਍ഀ Authorized Signatory਍ഀ ORT Form 402D - ALTA Owner's Policy 10-17-92਍ഀ OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY਍ഀ A Stock Company਍ഀ 400 Second Avenue South, Minneapolis, Minnesota 55401਍ഀ (611/371-1111਍ഀ By 4;~ President਍ഀ Attest f ~Yoz Secretary਍ഀ (Continued from inside front cover.)਍ഀ information designated as confidential by the insured claimant provided to the਍ഀ Company pursuant to this Section shall not be disclosed to others unless, in the਍ഀ reasonable judgment of the Company, it is necessary in the administration of਍ഀ the claim. Failure of the insured claimant to submit for examination under oath,਍ഀ produce other reasonably requested information or grant permission to secure਍ഀ reasonably necessary information from third parties as required in this paragraph਍ഀ shall terminate any liability of the Company under this policy as to that claim.਍ഀ 6 Options to Pay or Otherwise Settle Claims,- Termination of Liability਍ഀ In case of a claim under this policy, the Company shall have the following਍ഀ additional options:਍ഀ (a) To Pay or Tender Payment of the Amount of Insurance.਍ഀ To pay or tender payment of the amount of insurance under this਍ഀ policy, together with any costs, attorneys' fees and expenses incurred by the਍ഀ insured claimant, which were authorized by the Company, up to the time of਍ഀ payment or tender of payment and which the Company is obligated to pay.਍ഀ Upon the exercise by the Company of this option, all liability and਍ഀ obligations to the insured under this policy, other than to make the payment਍ഀ required, shall terminate, including arty liability or obligation to defend,਍ഀ prosecute, or continue any litigation, and the policy shall be surrendered to the਍ഀ Company for cancellation.਍ഀ (b) To Pay or Otherwise Settle With Parties Other Than the Insured or਍ഀ With the Insured Claimant.਍ഀ (i) to pay or otherwise settle with other parties for or in the name਍ഀ of an insured claimant any claim insured against under this policy, together with਍ഀ any costs, attorneys' fees and expenses incurred by the insured claimant which਍ഀ were authorized by the Company up to the time of payment and which the਍ഀ Company is obligated to pay-, or਍ഀ (ii) to pay or otherwise settle with the insured claimant the loss or਍ഀ damage provided for under this policy, together with arty costs, attorneys' fees਍ഀ and expenses incurred by the insured claimant which were authorized by the਍ഀ Company up to the time of payment and which the Company is obligated to pay.਍ഀ Upon the exercise by the Company of either of the options provided for in਍ഀ paragraphs (bpi) or (ii), the Company's obligations to the insured under this਍ഀ policy for the claimed loss or damage, other than the payments required to be਍ഀ made, shall terminate, including any liability or obligation to defend, prosecute,਍ഀ or continue any litigation.਍ഀ 7. Determination, Extent of Liability and Coinsurance.਍ഀ This policy is a contract of indemnity against actual monetary loss or਍ഀ damage sustained or incurred by the insured claimant who has suffered loss or਍ഀ damage by reason of matters insured against by this policy and only to the਍ഀ extent herein described.਍ഀ (a) The liability of the Company under this policy shall not exceed the਍ഀ least of਍ഀ (i) the Amount of Insurance stated in Schedule A. or,਍ഀ (ii) the difference between the value of the insured estate or਍ഀ interest as insured and the value of the insured estate or interest subject to the਍ഀ defect, lien or encumbrance insured against by this policy.਍ഀ (b) In the event the Amount of Insurance stated in Schedule A at the਍ഀ Date of Policy is less than 80 percent of the value of the insured estate or਍ഀ interest or the full consideration paid for the land, whichever is less, or if਍ഀ subsequent to the Date of Policy an improvement is erected on the land which਍ഀ increases the value of the insured estate or interest by at least 20 percent over਍ഀ the Amount of Insurance stated in Schedule A. then this policy is subject to the਍ഀ following:਍ഀ (i) where no subsequent improvement has been made, as to any਍ഀ partial loss, the Company shall only pay the loss pro rata in the proportion that਍ഀ the amount of insurance at Date of Policy bears to the total value of the insured਍ഀ estate or interest at Date of Policy, or਍ഀ (ii) where a subsequent improvement has been made, as to any਍ഀ partial loss, the Company shall only pay the loss pro rata in the proportion that਍ഀ 120 percent of the Amount of Insurance stated in Schedule A bears to the sum਍ഀ of the Ama"t f Insurance stated in Schedule A and the amount expended for਍ഀ the improvement.਍ഀ The provisions of this paragraph shall not apply to costs, attorneys' fees਍ഀ and expenses for which the Company is liable under this policy, and shall only਍ഀ apply to that portion of any loss which exceeds, in the aggregate, 10 percent of਍ഀ the Amount of Insurance stated in Schedule A.਍ഀ (c) The Company will pay only those costs, attorneys' fees and expenses਍ഀ incurred in accordance with Section 4 of these Conditions and Stipulations.਍ഀ & Apportionment਍ഀ if the land described in Schedule A consists of two or more parcels which਍ഀ are not used as a single site, and a loss is established affecting one or more of਍ഀ the parcels but not all, the loss shall be computed and settled on a fro rata਍ഀ basis as if the amount of insurance under this policy was divided pro rata as to਍ഀ the value on Date of Policy of each separate parcel to the whole, exclusive of਍ഀ any improvements made subsequent to Date of Policy, unless a liability or value਍ഀ has otherwise been agreed upon as to each parcel by the Company and the਍ഀ insured at the time of the issuance of this policy and shown by an express਍ഀ statement or by an endorsement attached to this policy.਍ഀ 9. Limitation of Liability.਍ഀ (a) If the Company establishes the title, or removes the alleged defect,਍ഀ lien or encumbrance,`{r cures the lack of a right of access to or from the land, or਍ഀ cures the claim of unmarketability of title, all as insured, in a reasonably਍ഀ diligent manner by any method, including litigation and the completion of any਍ഀ appeals therefrom, it shall have fully performed its obligations with respect to਍ഀ that matter and shall not be liable for any loss or damage caused thereby.਍ഀ (b) In the event of any litigation, including litigation by the Company or਍ഀ with the Company's consent, the Company shall have no liability for loss or਍ഀ damage until there has been a final determination by a court of competent਍ഀ jurisdiction, and disposition of all appeals therefrom, adverse to the title as਍ഀ insured.਍ഀ (c) The Company shall not be liable for loss or damage to any insured਍ഀ for liability voluntarily assumed by the insured in settling any claim or suit਍ഀ without the prior written consent of the Company.਍ഀ 10. Reduction of Insurance,' Reduction or Termination of Liability.਍ഀ All payments under this policy, except payments made for costs, attorneys'਍ഀ fees and expenses, shall reduce the amount of the insurance pro tanto.਍ഀ 11. LiabilityNan-cumulative.਍ഀ It is expressly understood that the amount of insurance under this policy਍ഀ shall be reduced by any amount the Company may pay under any policy insuring਍ഀ a mortgage to which exception is taken in Schedule B or to which the insured਍ഀ has agreed, assumed, or taken subject, or which is hereafter executed by an਍ഀ insured and which is a charge or lien on the estate or interest described or਍ഀ referred to in Schedule A, and the amount so paid shall be deemed a payment਍ഀ under this policy to the insured owner.਍ഀ 12. Payment of Loss.਍ഀ (a) No payment shall be made without producing this policy for਍ഀ endorsement of the payment unless the policy has been lost or destroyed, in਍ഀ which case proof of loss or destruction shall be furnished to the satisfaction of਍ഀ the Company.਍ഀ (b) When liability and the extent of loss or damage has been definitely਍ഀ fixed in accordance with these Conditions and Stipulations, the loss or damage਍ഀ shall be payable within 30 days thereafter.਍ഀ 13 Subrogation Upon Payment or Settlement.਍ഀ (a) The Company's Right of Subrogation.਍ഀ Whenever the Company shall have settled and paid a claim under this਍ഀ policy, all right of subrogation shall vest in the Company unaffected by any act਍ഀ of the insured claimant.਍ഀ The Company shall be subrogated to and be entitled to all rights and਍ഀ remedies which the insured claimant would have had against any person or਍ഀ property in respect to the claim had this policy not been issued. If requested by਍ഀ the Company, the insured claimant shall transfer to the Company all rights and਍ഀ (Continued on back cover.)਍ഀ CONDITIONS AND STIPULATIONS਍ഀ 1. Definition of Terms.਍ഀ The following terms when used in this policy mean:਍ഀ (a) "insured": the insured named in Schedule A. and, subject to any਍ഀ rights or defenses the Company would have had against the named insured,਍ഀ those who succeed to the interest of the named insured by operation of law as਍ഀ distinguished from purchase including, but not limited to, heirs, distributees,਍ഀ devisees, survivors, personal representatives, next of kin, or corporate or਍ഀ (b) "insured claimant": an insured claiming loss or damage.਍ഀ (c) "knowledge" or "known": actual knowledge, not constructive਍ഀ knowledge or notice which may be imputed to an insured by reason of the਍ഀ public records as defined in this policy or any other records which impart਍ഀ constructive notice of matters affecting the land.਍ഀ (d) "land": the land described or referred to in Schedule A. and਍ഀ improvements affixed thereto which by law constitute real property. The term਍ഀ "land" does not include any property beyond the lines of the area described or਍ഀ referred to in Schedule A, nor any right, title, interest, estate or easement in਍ഀ abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing਍ഀ herein shall modify or limit the extent to which a right of access to and from the਍ഀ land is insured by this policy.਍ഀ (e) "mortgage mortgage, deed of trust, trust deed, or other਍ഀ security instrument.਍ഀ (f) "public records": records established under state statutes at Date of਍ഀ Policy for the purpose of imparting constructive notice of matters relating to real਍ഀ property to purchasers for value and without knowledge. With respect to਍ഀ Section 1(agiv) of the Exclusions from Coverage, "public records" shall also਍ഀ include environmental protection liens filed in the records of the clerk of the਍ഀ United States District Court for the district in which the land is located.਍ഀ (g) "unmarketability of the title": an alleged or apparent matter਍ഀ affecting the title to the land, not excluded or excepted from coverage, which਍ഀ would entitle a purchaser of the estate or interest described in Schedule A to be਍ഀ released from the obligation to purchase by virtue of a contractual condition਍ഀ requiring the delivery of marketable title.਍ഀ Continuation of Insurance After Conveyance of Title.਍ഀ The coverage of this policy shall continue in force as of Date of Policy in਍ഀ favor of an insured only so long as the insured retains an estate or interest in਍ഀ the land, or holds an indebtedness secured by a purchase money mortgage਍ഀ given by a purchaser from the insured, or only so long as the insured shall have਍ഀ liability by reason of covenants of warranty made by the insured in any transfer਍ഀ or conveyance of the estate or interest. This policy shall not continue in force in਍ഀ favor of any purchaser from the insured of either (i) an estate or interest in the਍ഀ land, or (ii) an indebtedness secured by a purchase money mortgage given to਍ഀ the insured.਍ഀ 3 Notice of Claim to be Given by Insured Claimant਍ഀ The insured shall notify the Company promptly in writing (i) in case of any਍ഀ litigation as set forth in Section 4(a) below, (ii) in case knowledge shall cone to਍ഀ an insured hereunder of any claim of title or interest which is adverse to the਍ഀ title to the estate or interest, as insured, and which might cause loss or damage਍ഀ for which the Company may be liable by virtue of this policy, or (iii) if title to the਍ഀ estate or interest, as insured, is rejected as unmarketable. If prompt notice shall਍ഀ not be given to the Company, then as to the insured all liability of the Company਍ഀ shall terminate with regard to the matter or matters for which prompt notice is਍ഀ required: provided, however, that failure to notify the Company shall in no case਍ഀ prejudice the rights of any insured under this policy unless the Company shall਍ഀ be prejudiced by the failure and then only to the extent of the prejudice.਍ഀ Defense and Prosecution of Actions, Duty of Insured Claimant to਍ഀ Cooperate.਍ഀ (a) Upon written request by the insured and subject to the options਍ഀ contained in Section 6 of these Conditions and Stipulations, the Company, at its਍ഀ own cost and without unreasonable delay, shall provide for the defense of an਍ഀ insured in litigation in which any third party asserts a claim adverse to the title਍ഀ or interest as insured, but only as to those stated causes of action alleging a਍ഀ defect, lien or encumbrance or other matter insured against by this policy. The਍ഀ Company shall have the right to select counsel of its choice (subject to the right਍ഀ of the insured to object for reasonable cause) to represent the insured as to਍ഀ those stated causes of action and shall not be liable for and will not pay the਍ഀ fees of any other counsel. The Company will not pay any fees, costs or਍ഀ expenses incurred by the insured in the defense of those causes of action which਍ഀ allege matters not insured against by this policy.਍ഀ (b) The Company shall have the right, at its own cost, to institute and਍ഀ prosecute any action or proceeding or to do any other act which in its opinion਍ഀ may be necessary or desirable to establish the title to the estate or interest, as਍ഀ insured, or to prevent or reduce loss or damage to the insured. The Company਍ഀ may take any appropriate action under the terms of this policy, whether or not it਍ഀ shall be liable hereunder, and shall not thereby concede liability or waive any਍ഀ provision of this policy. If the Company shall exercise its rights under this਍ഀ paragraph, it shall do so diligently.਍ഀ (c) Whenever the Company shall have brought an action or interposed a਍ഀ defense as required or permitted by the provisions of this policy, the Company਍ഀ may pursue any litigation to final determination by a court of competent਍ഀ jurisdiction and expressly reserves the right, in its sole discretion, to appeal਍ഀ from any adverse judgment or order.਍ഀ (d) In all cases where this policy permits or requires the Company to਍ഀ prosecute or provide fbr the defense of any action or proceeding, the insured਍ഀ shall secure to the Company the right to so prosecute or provide defense in਍ഀ the action or proceeding, and all appeals therein, and permit the Company to਍ഀ use, at its option, the name of the insured for this purpose. Whenever਍ഀ requested by the Company, the insured, at the Company's expense, shall give਍ഀ the Company all reasonable aid (i) in any action or proceeding, securing਍ഀ evidence, obtaining witnesses, prosecuting or defending the action or਍ഀ proceeding, or effecting settlement, and (ii) in any other lawful act which in਍ഀ the opinion of the Company may be necessary or desirable to establish the਍ഀ title to the estate or interest as insured. If the Company is prejudiced by the਍ഀ failure of the insured to furnish the required cooperation, the Company's਍ഀ obligations to the insured undet the policy shall terminate, including any਍ഀ liability or obligation to defend, prosecute, or continue any litigation, with਍ഀ regard to the matter or matters requiring such cooperation.਍ഀ 5. Proof of Loss or Damage.਍ഀ In addition to and after the notices required under Section 3 of these਍ഀ Conditions and Stipulations have been provided the Company, a proof of loss or਍ഀ damage signed and sworn to by the insured claimant shall be furnished to the਍ഀ Company within 90 days after the insured claimant shall ascertain the facts਍ഀ giving rise to the loss or damage. The proof of loss or damage shall describe the਍ഀ defect in, or lien or encumbrance on the title, or other matter insured against by਍ഀ this policy which constitutes the basis of loss or damage and shall state, to the਍ഀ extent possible, the basis of calculating the amount of the loss or damage. If਍ഀ the Company is prejudiced by the failure of the insured claimant to provide the਍ഀ required proof of loss or damage, the Company's obligations to the insured਍ഀ under the policy shall terminate, including arty liability or obligation to defend,਍ഀ prosecute, or continue any litigation, with regard to the matter or matters਍ഀ requiring such proof of loss or damage.਍ഀ In addition, the insured claimant may reasonably be required to submit to਍ഀ examination under oath by any authorized representative of the Company and਍ഀ shall produce for examination, inspection and copying, at such reasonable times਍ഀ and places as may be designated by any authorized representative of the਍ഀ Company, all records, books, ledgers, checks, correspondence and memoranda,਍ഀ whether bearing a date before or after Date of Policy, which reasonably pertain਍ഀ to the loss or damage. Further, if requested by any authorized representative of਍ഀ the Company, the insured claimant shall grant its permission, in writing, for any਍ഀ authorized representative of the Company to examine, inspect and copy all਍ഀ records, books, ledgers, checks, correspondence and memoranda in the custody਍ഀ or control of a third party, which reasonably pertain to the loss or damage. All਍ഀ (Continued on inside back cover.)਍ഀ aaau Auadoid jo uosiad Aue lsuiefie saipawai਍ഀ (Continued from inside cover.)਍ഀ remedies against any person or property necessary in order to perfect this right of਍ഀ subrogation. The insured claimant shall permit the Company to sue, compromise਍ഀ or settle in the name of the insured claimant and to use the name of the insured਍ഀ claimant in any transaction or litigation involving these rights or remedies.਍ഀ If a payment on account of a claim does not fully cover the loss of the਍ഀ insured claimant, the Company shall be subrogated to these rights and਍ഀ remedies in the proportion which the Company's payment bears to the whole਍ഀ amount of the loss.਍ഀ If loss should result from any act of the insured claimant, as stated above,਍ഀ that act shall not void this policy, but the Company, in that event, shall be਍ഀ required to pay only that part of any losses insured against by this policy which਍ഀ shall exceed the amount, if any, lost to the Company by reason of the਍ഀ impairment by the insured claimant of the Company's right of subrogation.਍ഀ (b) The Company's Rights Against Non-insured Obligors.਍ഀ The Company's right of subrogation against non-insured obligors shall਍ഀ exist and shall include, without limitation, the rights of the insured to਍ഀ indemnities, guaranties, other policies of insurance or bonds, notwithstanding਍ഀ any terms or conditions contained in those instruments which provide for਍ഀ subrogation rights by reason of this policy.਍ഀ 14. Arbitration.਍ഀ Unless prohibited by applicable law, either the Company or the insured਍ഀ may demand arbitration pursuant to the Title Insurance Arbitration Rules of the਍ഀ American Arbitration Association. 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. All਍ഀ arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be਍ഀ arbitrated at the option of either the Comparry or the insured. All arbitrable਍ഀ matters when the Amount of Insurance is in excess of $1,000,000 shall be਍ഀ arbitrated only when agreed to by both the Company and the insured.਍ഀ Arbitration pursuant to this policy and under the Rules in effect on the date the਍ഀ demand for arbitration is made or, at the option of the insured, the Rules in਍ഀ effect at Date of Policy shall be binding upon the parties. The award may਍ഀ include attorneys' fees only if the laws of the state in which the land is-located਍ഀ permit a court to award attorneys' fees to a prevailing party. Judgment up n the਍ഀ award rendered by the Arbitrator(s) may be entered in any court having਍ഀ jurisdiction thereof.਍ഀ The law of the situs of the land shall apply to an arbitration under the Title਍ഀ Insurance Arbitration Rules. A copy of the Rules may be obtained from the਍ഀ Company upon request.਍ഀ 15. Liability Limited to this Policy,• Policy Entire Contract.਍ഀ (a) This policy together with all endorsements, if any, attached hereto਍ഀ by the Company is the entire policy and contract between the insured and the਍ഀ Company. In interpreting any provision of this policy, this policy shall be਍ഀ construed as a whole.਍ഀ (b) Any claim of loss or damage, whether or not based on negligence,਍ഀ and which arises out of the status of the title to the estate or interest covered਍ഀ hereby or by any action asserting such claim, shall be restricted to this policy.਍ഀ (c) No amendment of or endorsement to this policy can be made except਍ഀ by a writing endorsed hereon or attached hereto signed by either the President,਍ഀ a Vice President, the Secretary, an Assistant Secretary, or Validating Officer or਍ഀ Authorized Signatory of the Company.਍ഀ 16. Severability.਍ഀ In the event any provision of the policy is held invalid or unenforceable਍ഀ under the applicable law, the policy shall be deemed not to include that਍ഀ provision and all other provisions shall remain in full force and effect.਍ഀ 17. Notices, Where Sent.਍ഀ All notices required to be given the Company and any statement in writing਍ഀ required to be furnished the Company shall include the number of this policy਍ഀ and shall be addressed to its Home Office: 400 Second Avenue South,਍ഀ Minneapolis, Minnesota 55401, (612) 371-1111.਍ഀ _ ~਍ഀ L ll 11 ER ❑ P UQ kHOME l1 1I AI਍ഀ P.O. Box 3340 9.7,0-476-2201਍ഀ Vail, Colorado 81658 FAX 476-7491਍ഀ 'I਍ഀ t਍ഀ MR 2 Luu'਍ഀ rrJJ ~Iv w਍ഀ WE ARE SENDING YOU Attached ❑ Under separate cover via਍ഀ Xcopy of letter ❑ Change order ❑਍ഀ ❑ Shop drawings Prints ❑ Plans਍ഀ DATE ✓L D~਍ഀ JOB NO.਍ഀ ATTENTION਍ഀ RE:਍ഀ "N& t7p~' 05F਍ഀ the following items:਍ഀ ❑ Samples਍ഀ ❑ Specifications਍ഀ COPIES DATE NO. DESCRIPTION਍ഀ Bl~ i 5 S਍ഀ ~j 5 GU S਍ഀ THESE ARE TRANSMITTED as checked below:਍ഀ ❑As requested਍ഀ ❑ Returned for corrections਍ഀ ❑਍ഀ For your use਍ഀ ❑ Approved as noted਍ഀ ~਍ഀ {਍ഀ hJ For approval਍ഀ ❑ Approved as submitted਍ഀ ❑ For review and comment਍ഀ ❑਍ഀ ❑ FOR BIDS DUE਍ഀ 20਍ഀ REMARKS਍ഀ ❑PRINTS RETURNED AFTER LOAN TO US਍ഀ COPY TO਍ഀ SIGNED਍ഀ it enclosures are not as noted, 61ndlk notin us .+t once਍ഀ ❑Return corrected prints਍ഀ ❑Submit copies for distribution਍ഀ ❑ Resubmit copies of approval਍ഀ t,਍ഀ i191~11!liillf~l ::I~'T਍ഀ t);,,਍ഀ op,਍ഀ C਍ഀ ~r~ i਍ഀ t਍ഀ d਍ഀ ਍ഀ .1਍ഀ a਍ഀ .y J '਍ഀ i,਍ഀ a਍ഀ j਍ഀ G7਍ഀ 4,100% 71਍ഀ i਍ഀ r { lr,l ~ rrL{/ ~Ii਍ഀ 12਍ഀ ~ r ;i~rf if r i਍ഀ [j਍ഀ i਍ഀ .P •F਍ഀ ~?i 9T਍ഀ ~ L਍ഀ E਍ഀ s਍ഀ }਍ഀ !5਍ഀ E਍ഀ t਍ഀ r a਍ഀ r~~ S਍ഀ - m਍ഀ ii, i਍ഀ r _਍ഀ 1 _਍ഀ -s i਍ഀ OOOF_.਍ഀ TOWN OF VAIL, COLORADO਍ഀ Statement਍ഀ Statement Number: R090000262 Amount:਍ഀ $300.00 03/23/200911:19 AM਍ഀ Payment Method: Check਍ഀ Init: JLE਍ഀ Notation: 891 SNOWDON &਍ഀ HOPKINS ARCHITECTS਍ഀ ਍ഀ Permit No: DRB090062 Type:਍ഀ ਍ഀ DRB - Addition of GRFA਍ഀ Parcel No: 2101-122-1901-5਍ഀ Site Address: 3987 LUPINE DR VAIL਍ഀ Location: UNITS A & B਍ഀ Total Fees: $300.00਍ഀ This Payment: $300.00਍ഀ Total ALL Pmts: $300.00਍ഀ Balance: $0.00਍ഀ ACCOUNT ITEM LIST:਍ഀ Account Code Description਍ഀ ਍ഀ Current Pmts਍ഀ ਍ഀ DR 00100003112200 DESIGN REVIEW਍ഀ ਍ഀ FEES 300.00਍ഀ