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PZC Packet 011724AVON PLANNING & ZONING COMMISSION MEETING AGENDA A WEDNESDAY, JANUARY 17, 2024 Avon MEETING BEGINS AT 5:OOPM 100 MIKAELA WAY - COUNCIL CHAMBERS C 0 L 0 R A D 0 MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS 4. PUBLIC HEARINGS 4.1. FILE #MJR23005 I MAJOR DEVELOPMENT PLAN 4580 FLAT POINT, WILDRIDGE (PLANNER II, MAX MORGAN) 5. CONSENT AGENDA 5.1. DECEMBER 19, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES 5.2. 2024 PLANNING AND ZONING COMMISSION MEETING SCHEDULE 5.3. RECORD OF DECISION SRU23001 5.4. RECORD OF DECISION CTA23002 5.5. RECORD OF DECISION CPA23001 6. FUTURE MEETINGS 6.1. FEBRUARY 6, 2024 (TUESDAY) 6.2. FEBRUARY 26, 2024 (TUESDAY) 7. ADJOURN MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. TO: Planning and Zoning Commission FROM: Max Morgan, MURP, Town Planner RE: MJR23005 - PUBLIC HEARING DATE: January 19, 2023 PROJECT TYPE: PUBLIC HEARING: LEGAL DESCRIPTION: ADDRESS: ZONING: PROPERTY SIZE: STAFF REPORT OVERVIEW: This staff report contains one application for one new single-family residence in the Wildridge Subdivision and Planned Unit Development ("PUD"), for consideration by the Planning and Zoning Commission ("PZC") SUMMARY OF REQUEST: Jeffrey Manley, AIA, architect with Martin Manley Architects ("Applicant"), is representing the property owners to propose a new single-family residence ("project") on Lot 36 of Block 3 in Wildridge ("site"). The site is currently undeveloped. . vo n COLORADO A Avon C 0 L 0 H A 0 0 Major Development Plan Review Required Lot 36 Block 3 Wildridge 4580 Flat Point Planned Unit Development 74,488 sq ft (Lot) / 6,213.3 square feet (Proposed Home) Figure 1: Vicinity Map 4340 4400 4380 _ 4G60 4290 4657 4391 4644 '313 4280 4281 4480 4 4274 4480 73& 4765 4620 ¢�f- 737 4485 4311 4271 4725 4266 44:1 4711 4266 4495 4263 4Z58 457I1 452.1 4500 4258 4571\ 4.545 4254 4585 4551 4530 4255 4540 4250 45990 45604550 4243 4580 57CJ 'n)110 5016 4235 4220 501'5 4221 5Ci2 Development including residential structures greater than 600 square feet requires a Major Development Plan ("Application") review. Any Major Development Plan review application submitted to the Town initiates a public hearing with the PZC. PROPERTY DESCRIPTION: The property is located in the Wildridge Subdivision and PUD ("Wildridge") on Flat Point- a cul-de-sac with several single-family and residential duplex properties. The site is the largest lot on Flat Point, and extends to 970-748-4014 mmorgan@avon.org Page 1 of 6 . vo n COLORADO the south to meet W Wildridge Rd. The site is characterized by increasingly steep topography The southern portion includes a utility drainage easement owned by Eagle River Water and Sanitation District ("ERWSD"). The site slopes towards the west and has steep grades across the buildable area. Primary views are to the south of Beaver Creek and further down valley to the New York range and Bellyache Ridge. PROJECT DESCRIPTION: The property owners and applicant are proposing a new single-family residence at 4580 Flat Point, which is currently undeveloped. The proposed home is two stories, with a gross area of 6,213.3 sq ft. and a livable area of 5,152 sq ft. 4580 Flat Point Proposed SFR Area Schedule Area Name Size (square feet Garage 817.5 Lower Level 1,517.3 Main Level 2301.1 Upper Level 1333.8 Storage 817.5 Total 6213.3 The proposed four-bedroom home includes a south -facing outdoor deck and stairs with views of the ski area, two powder rooms, a mechanical and storage area, a dining area, and four bathrooms. The plans incorporate low-water landscaping and minimal areas of turfgrass, and the construction of staging plan attempts to minimize visual impacts of construction as well as impacts to native vegetation, particularly in the platted, non -developable area of the lot. PUBLIC NOTIFICATION & COMMENTS: Notice of the public hearing was published in the Vail Daily on January 5, 2024 in accordance with Sec. 7.16.020(4) of the Avon Development Code (ADC). Mailed notice is not required for this application. No comments were received concerning this application. PLANNING ANALYSIS: Review Criteria: The following section includes the applicable commentary and analysis for a Major Development Plan Review application. The Planning and Zoning Commission must consider the following for this application: § 7.16.020(f)(1) Review Criteria shall be considered for all development applications: 1. The development application is complete; 2. The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; The development application complies with the goals and policies of the Avon Comprehensive Plan; and 4. The demand for public services or infrastructure exceeding current capacity is mitigated by the 970-748-4014 mmorgan@avon.org Page 2 of 6 . vo n COLORADO development application. § 7.16.080(g), Development Plan shall be considered as the basis for a decision on development plan applications: 1. Evidence of substantial compliance with the purpose of the Development Code as specified in Section 7.04.030, Purposes; 2. Reserved; 3. The design conforms with the Avon Comprehensive Plan and other applicable, adopted plan documents; 4. Consistency with any previously approved and not revoked subdivision plat, planned development or any other precedent plan or land use approval for the property as applicable; 5. Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations and Chapter 7.28, Development Standards; 6. That the development can be adequately served by city services, including but not limited to roads, water, wastewater, fire protection and emergency medical services; and 7. The development design conforms with the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole GENERAL REVIEW CRITERIA - § 7.16.020(f)(1) 1. The development application is complete; Staff Comments: Staff has determined that this application is complete. 2. The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria: Staff Comments: Staff has determined that this application provides sufficient information to determine that the application complies with the relevant review criteria with the exception of confirmed plans or agreements for driveway access. 3. The development application complies with the goals and policies of the Avon Comprehensive Plan; and Staff Comments: The Avon Comprehensive Plan does not detail specific goals and policies for single- family homes or similar projects, aside from Goal E.1: Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. 4. The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. Staff Comments: The proposed project incorporates an existing roadway that is adequate and able to be served for snow removal and other related city services, as well as emergency services. The Town determined that this lot has an appropriate water allocation in the water budget allocation exercise completed with Eagle River Water & Sanitation District (EWRSD) in 2023. 970-748-4014 mmorgan@avon.org Page 3 of 6 . vo n COLORADO MAJOR DEVELOPMENT PLAN REVIEW CRITERIA - § 7.16.080(g) 1. Evidence of Substantial Compliance with the purpose of the Avon Development Code ("ADC") Staff Comments: • Access Drive Requirements: The project includes a proposed driveway that is not directly connected to Flat Point. The applicant has indicated that the owners of the neighboring property to the east (4570 W Flat Point) will allow for an access easement connecting the proposed driveway to their own. • Allowed Use: The proposed residential use is permitted in Wildridge (See Attachment B: Final Subdivision Plat of Wildridge). Both Single Family and Duplex residences are permitted on this lot. • Density: The lot is platted for two dwelling units and the density is appropriate. There is a maximum allowance of two dwelling units allocated to this lot; however, the property owners will only be using 1 -dwelling unit for the single family home. • Lot Coverage: Wildridge allows for development only within the platted building envelopes. The project is in compliance with the PUD and the proposed building location is within the platted envelope. • Setbacks: Building setbacks in Wildridge are as follows: Front Lot Line = 25'; Side and Rear Lot Line = 10' each. The project is designed within the appropriate building setbacks. • Easements: The southern -most point of the building envelope includes a pentagonal thirty -foot - wide utility easement, fifteen -feet wide on each side of the centerline. The entire lot is encompassed by a 10' utility and drainage easement that includes one electric transformer near W Wildridge Rd at the southern -most point (See Attachment C: Utility Easement Deed). No portion of the proposed structure encroaches into any of the easements as found on this property. NOTE: The property owners of 4580 Flat Point are currently in conversation with the neighboring property owners at 4570 Flat Point W (Rick & Jennifer Geisman) to negotiate an access easement related to driveway configuration. The proposed driveway for the project necessitates this access agreement, and staff recommends that this is a condition of approval from the PZC. • Building Height: The maximum building height for this property is 35'. The design for the proposed home shows a building height of 34' 10.5", demonstrating compliance with the height limitation for this site. Design Standards specific to Wildridge (§ 7.28.090(e)(3)) state that building heights will be reduced for buildings or portions of buildings with flat roofs however, no flat roofs are proposed with this project. • Grading/ Drainage- Grading and drainage will be assessed by the Town's Engineering Department during the subsequent Building Permit phase. • Parking: This project requires three parking spaces (three per one unit greater than 2,500 square feet). The plans show two interior and one exterior parking space, and the proposed project is in compliance with parking requirements. • Snow Storage: Snow storage requirements are determined by the size of the proposed driveway, and must be twenty percent (20%) of the total impermeable surfaced area of the site, upon which above -ground construction does not occur. The plans indicate a 1,355 sq ft driveway on the property, thus 271 sq ft of snow storage is required. Plans must demonstrate location of snow 970-748-4014 mmorgan@avon.org Page 4 of 6 . vo n COLORADO storage (See Condition 3). • Landscaping: New Town of Avon landscaping standards require increased native vegetation, reduced turf grass and irrigation, as well as considerations for wildfire mitigation (Fire -Free Five). The landscaping plans included in Attachment A present some spirea plantings that potentially encroach in the five-foot buffer surrounding the proposed home. • Lighting: The lighting plan and outdoor wall light included in Attachment A are appropriate for this project and in compliance with Design Standards for exterior lighting (§ 7.28.090(c)(6)). Bulbs are not exposed, and lighting is ensconced to project towards the ground. • Colors and Materials: The colors and materials included in the application are in compliance with the Design Standards for building colors and materials in Wildridge (§ 7.28.090(d)(4)). Colors are earth tone, materials appear suitable for the local environment, and are generally harmonized with the project setting. 3. Design Conformity with the Avon Comprehensive Plan and other applicable, adopted plan documents. Staff Comments: The project complies with Avon Comprehensive Plan (2017). The site is located in the Northern Residential District (District 11 of the Comprehensive Plan), which states, "This residential area contains varying densities located on the south -facing slopes north of the main valley floor. The character for the developed landscape should reflect the area's dry climate and typically steep terrain with low water -requiring plant materials and natural landscaping. Due to the limited number of existing trees and shrubs and the open character of the property, special care should be taken to ensure that all structures are compatible with one another and in harmony with the natural surroundings." 4. Consistency with any previously approved and not revoked subdivision plat, planned development or any other precedent plan or land use approval for the property as applicable. Staff Comments: The proposed plans are in general conformance with the Wildridge Final Subdivision Plat: the project does not encroach in non -developable areas, is an approved density of dwelling units, and meets setback requirements. 6. Capacity for city services, including but not limited to roads, water, wastewater, fire protection and emergency medical services. Staff Comments: The proposed project incorporates an existing roadway that is adequate and able to be served for snow removal and other related city services, as well as emergency services. The Town determined that this lot has an appropriate water allocation in the water budget allocation exercise completed with Eagle River Water & Sanitation District (EWRSD) in 2023. 7. Conformity with the character of the surrounding community. Staff Comments: The proposed project is an excellent representation of the general mountain aesthetic and appears compatible with existing homes in the area. OPTIONS: 970-748-4014 mmorgan@avon.org Page 5 of 6 . vo n COLORADO PZC has the following options: • Approve as outlined below; • Approve with modified findings and conditions; • Continue application to future meeting pending additional details or studies; or • Deny application after formulating justifiable findings. RECOMMENDED MOTION: "I move to Approve Case #MJR23005, an application for Major Development Plan for 4580 Flat Point, based on the findings and including conditions as outlined in Staff's report. " Conditions: An executed Access Agreement between the subject property owner and the neighboring property owner for which the proposed access will be achieved must be provided to the Community Development Department prior to the issuance of a building permit. Failing to provide this document will necessitate the property owner to utilize and provide an alternative access design plan, requiring subsequent Planning approval for this modification. Snow storage areas must be shown on the forthcoming building permit Modify landscaping to adhere to "Fire -Free -Five" distancing, subsequently approved by Staff ILCs required to confirm building height following building construction ATTACHMENTS: A. Application Materials: Written Narrative, Design Plans, Survey, Color Board & Materials, etc. B. Wildridge Final Subdivision Plat C. Utility Easement Deed Thank you, Max 970-748-4014 mmorgan@avon.org Page 6 of 6 ATT NTA MARTIN M A N L E Y ARCHITECTS Narrative To: Town of Avon, Community Development, Planning Dept/P & Z Board From: Martin Manley Architects, Jeffrey P Manley AIA (Agent: JP Manley architect, LLC) PO Box 1587, Eagle, CO 81631 Email: Teff(a)martinmanleyarchitects.com Office Phone: Direct: 970-688-0326 Date: December 13, 2023 Re: New Custom Home at 4580 Flat Point, Wildridge, Block 3, Lot 36 Parcel Number 1943-352-05-024 Narrative Tom and Mary Ellen Wanty (owners), are proposing a new single family home at 4580 Flat Point within Wildridge subdivision. The home has a living area of 5152 s.f. with an oversized 2 car garage of 817.5 s.f. The total building's gross area is calculated at 6213.3 s.f. when adding living area, mech/storage areas and garage. The lot is a downward sloping lot with a flatter section at the top. We are negotiating with the eastern neighbors to create an access easement to connect this home's drive to access rather than accessing from the cul-de-sac of Flat Point. I have shown on the site plan an alternate drive location if an agreement can not be reached that can meet the design requirements of Town of Avon's Development Code. The home is a 4 bedroom home with awesome views to the south and west mountain and valley floor. The home is positioned over an area of the site that naturally falls 1 story to create a lower level walk out. One of the goal is to minimize the amount of landscape requiring maintenance and to return as much of the site to a natural vegetated appearance. This will reduce the water use/irrigation required for the site and be in keeping with the Town of Avon's Goals of less water use. The house has a Scandinavian architectural style with the main exterior material of vertical wood siding that is complemented with use of stone and stucco as base/foundational elements. The outdoor space is very important and protection from the Wildridge wind were design considerations. We placed an on grade terrace at the entry approach that will enjoy afternoon sun and be sheltered from the prevailing southwestern breezes up the hill. The home design will compliment the area blending more modern detailing with traditional building forms. We look forward to presenting the project at the Planning and Zoning Meeting. Thank you, Jeffrey P Manley AIA Martin Manley architects 970-688-0326 970.328.5151 info® martinmanleyarchitects.com P.O. Box 1587 Eagle, Colorado 81631 a.-111-4 I,.N p+.as�l c. sw�glxdsNel+Fs ,+e —P—n <wnun+nh–., erouel eul mogfiegnd v+i<+gC+bl+PhenWf.xmp+.il+nd�ew+ubtuk.u+llu+edl a.u........ s�Dy,txe nmsLa�m,on+ �.ae+�+y.nk PROJECT DESCRIPTION A Single -Family Residece proposed.... Style: Scandinavian Mountain Design Footprint- W,ddles getter antl steeper portion of Iol. Complimentary Site Design to neighboring houses. -4 Bedroom office, 4 hath, 2 pmder room, and 2 car Plus garage CODE SUMMARY Thio proied falls antler the iumitliction M: The Town of Avon P and Z Review Board and Building Depedmenl The 2021 Inlematkmal Residential Code (IRC 2021) The 2021 National Electrical Code The Town of Avon Development Code Class of Work: New Construction Type of Occupancy: R-3 (Single -Family) Type of Construction: Type V -b (Sprinklered) Levels: 2 -story over walk -out basement MECHANICAL DESCRIPTION Heating: 82%efficiency (minimum) Fuel: GAS Forced At, ducted system with Air Conditioning Solar Ready roof area EV charging station wghin garage Fire Dept. Notes: Smoke Detectors and Carbon Monoxide alarms must be installed IN ALL DWELLING UNITS, and be installed per 2021 IFC and fire alarm installation standards. AN AUTOMATIC FIRE -SPRINKLER SYSTEM AND MONITORED FIREALARM MUST BE INSTALLED PER CODE and FIRE DEPT. REQUIREMENTS. WUI Notes: Sectio 502.1-. 8 days with slope of<60%= Moderate Hand! for lightfuel Fuel type III., Fuel Model A 605.2 Defensible Space, Fuel Modification Distance= 30' Result: Class 3 ignition resistant c—u—tion ATTACHMENT A mill MARY ELLEN AND TOM WANTY CUSTOM RESIDENCE 4580 Flat Point, Wildridge, Block 3, Lot 36 LLJ m U O W Z M N W u a O _ m Z a LU v_ OC `o D w2 3 W OC W '0 O n Z � O U a NOTE: RENDERINGS ARE FOR ARTISTIC DESCRIPTION OF MASS, SHADE, MATERIAL, AND COLOR SELECTIONS. THE LANDSCAPE MATERIALS ARE NOT MEANT TO BE ACCURATE. PLEASE REFER TO LANDSCAPE PLAN FOR SELECTIONS, LOCATIONS, AND COUNTS. ATTACHMENT A 3 UPPER LEVEL AREA SCHEDULE (GROSS) Name I Aces LOWERLEVRLAREA 1517.3 SF MAIN LEVEL AREA 2301.1 SF UPPER LEVEL AREA 13333 SF MECHANICALAND 243.6SF STORAGE GARAGE 8175 SF Grand total:5 6213.3 SF AREA SCHEDULE (LMNG) Name__ Area LOWER LEVEL AREA 1517.3 SF MAINLEVELAREA 23DIISF UPPER LEVEL AREA 1333.8 SF Grand total:3 5152.1 SF ■ ■ � • I T — � Via- �� MAIN LEVELAREA C� 2 MAIN LEVEL LOWER LEVEL 1/8" = 1'-0" ATTACHMENT A LOT 55 3 h �1 1>,3b8F. agyT X50. 1 SITE PLAN - OVERALL 1" = 20'_0' r we croi a North North 9 5qa s O ° Y CBENTE d F91 ATTACHMENT A R ` a ROOM STREET D'. BUFFE, y\\ 8gss-T\ e 9x _ RIDGE ELEV = Ssos'-v GRIDGE H7.=20'+3' h. ° to p3 A. it g RIDGE HEIGHT CALL N GRA0E=8a8 Fl FINIS EL FINISHED GRADE ---845 - --- RIDGE ELEV. essev RIDGE HT.=22' A-oO—O<Dm m RIDGE HEIGHT CALC 1 NATURALGRADE=6463'6' FINISHED GRADE= N/A—"�� RIGGEELEV-asts•e+vfs• (('k, r RIDGE HT: 32 011118'— 9 5qa s O ° Y CBENTE d F91 ATTACHMENT A R ` a ROOM STREET D'. BUFFE, y\\ 8gss-T\ e 9x _ RIDGE ELEV = Ssos'-v GRIDGE H7.=20'+3' h. ° FINISHED GRADE RIDGE ELEV- es+4• RIDGE Hl 30 101/7 — — D ^• RIDGE HEIGHT CALL - — _. GRA0E=8a8 Fl FINIS EL FINISHED GRADE ---845 - --- RIDGE ELEV. essev RIDGE HT.=22' A-oO—O<Dm m RIDGE HEIGHl NATURALGRAD= h. ° FINISHED GRADE RIDGE ELEV- es+4• RIDGE Hl 30 101/7 — — D ^• - — _. Y' Fl mmrzam—nm - RIDGE HEIGHT CALC NATURAL GRADE= 64el /1 " FINISHED GRADE= 848] W RIDGEELEV.= ss+se+v+e• RIGGE HT.=32'-611116'- A-oO—O<Dm m RIDGE HEIGHT CALC 1 NATURALGRADE=6463'6' FINISHED GRADE= N/A—"�� RIGGEELEV-asts•e+vfs• (('k, r RIDGE HT: 32 011118'— LOT 37 \ \V�J' — - L e.i1 LOT 35 RIDGE HEIGHT CALC NATURALGRADE=84791-V 1N7 FINISHED =WA - RIDGE ELEV.mmatm _ —.. ---- - RIDGE HT -24312' N, �`- CAL--� NATLMEIGRDE 8478W' (Iesslhen306'brflatrooC NATURAL GRADE Unr-O >: �FINISHEDGRADE 84]80' MURAL GRADE 8482-0'- RIDGE ELEV. �R RIDGEEDGRADE -1 _RAMRALEG p DGE HT. 33 513n6" R4DGE Rpe4]'tsess._— N---seovrH"s�rFexc"1'rso.cbtarn ��_�_ �LiSNilielM65�ATW SigSM. _ RIDGE HEIGHT CALL ss16�` j �'� NISHED GRADE=6474-0' RIDGE ELEV. esor-+atm RIDGE HT.= 28' -1012' _ Mass", 30'-O'Wfie mW of Ins the 8450 RIDGE HEIGHT C&O NATURAL GRADE- 6486.0' FINISHED GRADE= 849!7-0' RIDGEELEV es+a e• RIDGE HT=27 6' (less than 30'-O" W14 sl S' �I 848, j V Ci I 5-r ll sT e O en ULu ° O blwy<mm rr �o=�mwzym mmrzam—nm ° ° A-oO—O<Dm m,��m000 mmr07.��0 1 LOT 37 \ \V�J' _ SITE PLAN 1" = 1!N_ -1 V W True Project North North iswa FW - °p x� m. 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I ,I.... io . �¢ow u.,xai>wa.oe.del>rl ,eam.,a � ,ubd m: :reamn.w,a i iswa FW - °p x� y ( as aena" a<a . xraM�eEEDMM.nmNMa.awmu,b ...:..m tea. y tvaawbweu�i"a�r.a" m�'aneaF;e° a an - nw • w N .a<w i ": e W�F,:mmm<:.mb,Paamnemwmum.:, omm,:mNbaa:a„bmnee,.Naaeep Aa waren m,":,nm ea�bx w e.ae. cmee anm� N.,en.e'N�eu'Na�m a"Nbnee aaN .m N,es xa m a.anm a awe rvcea. uiwrs"'wm,Ew e zsxsxapraxmlFuva veiny eax """ P>,a,. wwa d�bmst=mmnar�na Pedmmre�Nnmwaa�nwmaNmax< _ �°:einem'nna:a°""n"ynmemem�je�nomau..ma,mwv:eeea:.ama nmemmemroaae<va�<nmaewams::a. y __ txc .vein Nmwmnem mnw.m"�+n N N.�woa»-�NFwmm.:+NNna,z,inn.rreNm„umxwre,ae:aawa,....�xN.aw.ae:aNeaer.ae.mn.eme>mN v� —� - a�; ATTACHMENT A 9 1 o EXTERIOR LIGHTING LEGEND n lm.� y0 LANDSCAPE BOULDER WITH AD DRESS ATWESTn RECESSED BE'�"Su CAN rtx� SIDE OF DRIVE ENTRY /(IN FRONT OF PHONE oicKaeove0u+iaeuoxel F Pi F aw PEDESTAL) \ ° MW¢e'mErwF Gnn xpEG rLex FELpx O eIDWrt—d0� ONE —TGE)i / e / oF O�3ya, O ���pw.wrtW+ _ �aF.ENFENcen*,aMrtE ¢➢ O ® My \ j r — c o — Ee�«�E� an.EnOR " o �� «Fo ro� oEFEx nL NE 1� i rc cW xFO —� ARE ° �ciaeE �xFo N �a g ❑l \` clim IT, D,_om — z°aPam°zz eFa NF \ mw m o0 _ e, xI�_im r A wD m o x ¢ p R4 o a --a F4 m z a r. 0 nL _.. s—S Tse KI. ------------ 4 C F 8 80 �pT 37 V/ W True Projed North North <a O 8g7p Aarwd x.o. x�panre 1 � Spuw rykwap.wnz) � Ba'Z ru•,FI IMFLLw81flEM11LOCf6) M °bel lrea fwgmu�e wm tali rae na(�Ireenbr rear ,Fb3F °IL B mgmamedM ror>�„mm�.m neA� m�m„r E ooe°ww J �WaPwgLa°Wwsmresa°a+Bapge� MBniu, (is�sPuwamnssrf s rym>wBf mekeuee aiammapeatmiawwrbeamra a>w.+kr>umrwe nr.'auaypreawnzm. ED -1- ru io ce ma>°I.baoat=eae>.>z>nrwa>i1,,,wabwwax.eBe>n) iPn"c oonsWuwf a�ww rm>mem,P i�ssaanxamwnresss re>.ewmx �rwwrl «so - ,„ dada assvFH�°sn°flMs�n�P uBmfn uM aema piaev,A> a>e B�awi Baer. siorvEcaoP.ca ePwcP.— 1-vsLkow—rnnva�sow,nxo Low McBiu �� ' _—vanwnm) micnos way as m> aq L°c+iwM .rl= EBEO e_irv13 w EVEw1pb°Ex1O nava lucre) ,srlaspae •• u�ns�osst°wcnwrns wra;� :n�Ag,.ae>r aaaMbma,ram. rer�Ak, a.aaea.am,a� ma ,.q aeMr epmdmpva ememA ream na de 11 � esuped wopeTy. ine verunf ofargaq mamrfafnetapsw ace aumouza�rufu m ma,> ��� cy waAm q aa�.a ree sgn mat ps�m�m w� . o i maw, amu �i�me� _ s��e m.m'aornmr� a>�wme A.s«i pz�ne aroaea m>smeramwm pm <qa�'> ,a>a NW appitee mt cmena am nmaiesmwmrewamwegmupeaagnqan. I11M epwnegant sfenornynwrabaue� �mineeuix �a'wn0ona� Mu�`a» doa�a ur:am '�"s�a.a arpaeua: ww�rw.w��.... mmxauarem dae°gi mwslalg� s�mmbnwn.emvbi.iw B 1. al rvla=1. . W esyeurrwga iM=nxr M °bel lrea fwgmu�e wm tali rae na(�Ireenbr rear FOFf qp pxo B mgmamedM ror>�„mm�.m neA� m�m„r E ooe°ww J iafngKKaa+�.r �.`°�`a waa�aa. �e.ane.m..ne.ammmyrww. �rwe po:gdaaeq�o�awewaa aRBAN=Bsi.BUB° ) qe)Mur�nonww.dmwmegr.'mArmewnnwaaumnuz'mAaom a �waeas e.cwf:igagmoL rym>wBf mekeuee aiammapeatmiawwrbeamra a>w.+kr>umrwe nr.'auaypreawnzm. ED -1- ru io ce ma>°I.baoat=eae>.>z>nrwa>i1,,,wabwwax.eBe>n) iPn"c oonsWuwf a�ww rm>mem,P wssux aermea'wre m.> w pa�e>q.re,aaau. e> - ,„ dada slow ,MB , way as m> aq L°c+iwM Ire fee � a.wawme fl ,m�a,f:aaB,arw eB�,m:� zwx BpmNmcredmwnaaAra>lewaw�r=n>Mwml M siq�fyq �r.uwm fawa. ram re� �.m».m �ywm.aaP� znm, mare ta, b up ieMgeAroau w a weeon .'ryof wi�ypes. zsx soda re>aaleawmm;m� � N Buungrezz wen Aermiretiain ta3f ayz.wa aaageabumsoamnagonsmorsgrcefbrmeuz'wncmAdembwmaiaevr� sox wrerew nn M1agm wreew� p Bu��mzwnprmi�Iminxfoeaya onedme mufabeN oven Arewnad'�aenapWabe.saermerymzaeeiMalmab h �� n>fmz ImrymmeMnreaem. fsx chow.we raaaac°.ae®rea.nump.remm�i.rf ory /� sur,>gm>wmmrmbmrebi.raw>p.wawuaoaeeeiaermnam rew�ree snawaw. P>nann mr>ae.mmfea�Msae. h awsmmMmer w:mw'aa>'°ae:': amPw.:fu,a,re.swefaabarw,pm.weaa�.earym.A+eaaemrew.,�e.wroea,reeeeenow,w LANDSCAPE LEGEND 1/8" = 1t_0" tLl 84 ATTACHMENT A a e / ENTRY ('IT -.'PHON AQ V � 5.0' ® \ °ass\ C ",ft, CD 84/0 846C LOT 37 W U m O W Z LU M N � m O U) m Z o LU z 3 0 ;O % vJ w o p m U v II _ II _J • 1. Phase Construction. Constmdion ffi Will, such 1111111119, 6.Pbs,de silt fendW.l.ag besides of the limits d dbents— II I Mffl leading and al east and west sides at drain .flows. etilhas Phased in a 2. Soil Stabilization. All dishawd areas and soil —pill shall ac�a 10 � V \ z larneM•est, awe . •. ,. f M1nT potya 7H- _ 4�" ,aa ATTACHMENT A II . _ \ _J • 1. Phase Construction. Constmdion ffi Will, such 1111111119, 6.Pbs,de silt fendW.l.ag besides of the limits d dbents— abiding "dwaetasotion.andinstallation shallbe leading and al east and west sides at drain .flows. etilhas Phased in T. PrWde straw bales wfthin difcch bolloms and drainage flows as 2. Soil Stabilization. All dishawd areas and soil —pill shall required. larneM•est, awe . •. ,. f M1nT potya 7H- _ 4�" ,aa ATTACHMENT A II . _ EROSION CONTROL STANDARDS 1. Phase Construction. Constmdion ffi Will, such 1111111119, 6.Pbs,de silt fendW.l.ag besides of the limits d dbents— abiding "dwaetasotion.andinstallation shallbe leading and al east and west sides at drain .flows. etilhas Phased in T. PrWde straw bales wfthin difcch bolloms and drainage flows as 2. Soil Stabilization. All dishawd areas and soil —pill shall required. bepast ad Imm erosive l if they Will remain asp, aetl and inactive for ped.. lunger than (14) days. S. Provide strew cover At all saad,d areas. mvN need V wilt wnN stablization rrttting on sloped areas. 3. DisWibed areas shall be muldred, orseeded antl mulched. Oresa a a— muldi shall be crimped in place. emain in pe and maai 4. Erosion central methods are to rlac inned until landscape and revegitatlon Ira. been rtestablished 4, Sediment and MW Control. Sediment and mutl well be prevented from leaving the condiudil site by immediMe Q O placement of and pads in access mutes. MW pads shall be g m r w (20) feel in land, antl ..pd-af r lar rock. w aooaa�a a 5. Adacenl pmpedies shall be protected by usiW sediment zo v` fences, strew bales, and silt (reps. Z 3 0 �O�acsws* _ -� iyEciaClcPaYdr� L—� pvsesrveeoaa*+i CI tsvawus+eesossiu Raax+aw"` W m wnN \..J / ) o s„aramsEwo�.aaa'°.a z m N Z W tvYi o7i Q O .lwrwe g m r w app,wae = w aooaa�a a _ zo v` — _ a-- Z 3 0 0 o 0 f" aa�°`aa�F p�Rpaascw«saa�'"eew�eeoa�'.�x+m�""°uwa�a O J� N u :•, fie` i O� E O G ATTACHMENT A / 5° 90' -- / / PRIMARY BATH I Y � / I I.. ATTACHMENT A 21 LU J E Wrg oM t y M dont of ih n use — Z ewind protected and ie aflemoon sun) u. Qj z E Lj MDR F _ °orpuNOA,wd n .dn.. - east nfeesighbors W J g 6°H'ST�LL rease�mentnd Th' CLOSEr — — - — a I — — - —� ° ve radCo e 3°/D drive 9r — 4 3 /O dr 9dCO W eR®„� -- o r bNcsr o LU z o w Z W Q Q o PRIMARY BEDROOM g to v g ai Z ESIDENT _ q � ______ ______ ____i KITCHEN �i _ ENTRY 1A� �.__--w �— / O W ` � w - 1 — 1-n 29n7 - Z C7 1 1)NUDROOM S g w YCCOVE •M 1 U V ----------- a- 555 LMNG I 1 T �� _ �Q •xr r El L DINING cI------------ 0�5� I 1 \ b �y �� \ \� T -a — ..a• Y -Y /FLOOR PLAN - MAIN LEVEL g N 1/a" =1'-0" True Project North North ry ATTACHMENT A on ©® ��FLOOR PLAN - UPPER LEVEL.=1_0T,�e voie�c North North ' DpWxBPWT�TO�ixE / bp`'QiQ1 �I — / � nr 4B2 1 aI l 6' I. ATTACHMENT A EA�sxo,EE---EO— > W `\ J c .tt ) Z o � Q I � � I-GxT;a- THH I I _ 5 o=, Lp� �P —_pow osEuixaor"Tro N' a p� anTroxs. \ s a • 1 ROOF PLAN ------ 1/4" ---1/4x = 1.10" 1n.oi— A co a%drive ra 1J m d W U z o w Z Q m Y N o71 /I 3Qoa Lu m ¢wa 0 _L_ " 112 x,.oso xEw p � 2uiocw� m o U a _ 5 o=, Lp� �P —_pow osEuixaor"Tro N' a p� anTroxs. \ s a • 1 ROOF PLAN ------ 1/4" ---1/4x = 1.10" 1n.oi— A ATTACHMENT A T'wa�FLGEG ERIE " "Axow�wF �ry MNz,l���F°RL—FANREs«ERxcEs ml +T�RRRER�xsx xxR =E E"IRRR4� _ _ PLATE `L uurvaovso wcexFswrtx 0.ow PUGEtro e[AL PAxE. roNATcxvxueEcaal)- — \ \ 8509' Ll .OLARARRAY ,v�500ER LEVEL _ —--- rvsxix c �-_ ----_- UPPER LI8P-734OY-7 �- ONE-1—T0eE'SwpStONF AMAIN LEVEL _ — --- _ _MAIN�LEVE is V eoso. o V 8490-G..—�- .s et _ LOWER LEVEL LOWER LEVEL 8479'-b" EAST ELEVATION srs 11°ING I n RNI wc. psoiAa UG—ENT..reMFRAxFw+RaoEsx .,NG ��TxAx D—WIN—) 1 NORTH ELEVATION 1�—--- g� _ PLAT A_TE 8503'-87/8 / UPPER LEVEL 8500' - ] 3/4G:SNn' — ❑D [ —E.THE 1 sTOrvEwAUG,AG ProF=R MAIN LEVEL J— - - -. 8490'_0" �PLATE X8509'-8]%8" - UPPER LEVEL 8500'-73/4" 9 MAIN LB 8490'-0" ---------------- WEST ----_ WEST ELEVATION 1/4" - V_0" ---- — — ATTACHMENT A _ PIAT 8509•-87/8" _ UPPER LEVE 8500'-73/4" MAIN LEVE 8490'-0" _LOWER LEVEL n -8479• - 6" V FU1 8509'-87/8" /t. I!I ■ OL lig i :-UO E'RgLT 110101 molSOUTH ELEVATION. ATTACHMENT A 8511'-67/8° PLATE _ ROOF 8516' -101%2" tem PLAT i vu � S � UPPER LEVE_ Lr_ _--- UPPER LEVEL 8500'-]3/4" - - _ MAINLEVEL _ MAIN LEVE 8490' - 0" ppgTNG GPIGe LOW11 LIVE LOWER LEVEL n . ... G 84]9'79'-6"i I G 8079,-6.. BLDG SECTION THRU LIVING LOOKING WESTBLDG kCTION THRU PRIMARY BATH & UPPER BDR.M CLOSETS ,o s ,�3ns• -s>ns-s,ns6 e,3ns. ROI— ROOF^ 8516' -101/2" V • Lem -PLATE PLATE 8509'- sso87/g°V — BLDG SECTION THRU LIVING LOOKING EAST 1/4'' - 1'-D– -- --- UPPER LEVEL 73/4 _ o•-• _ S MAN LEVEL —� ,4.—� — V 3LDG SECTION THRU PRIMARY-BpRM—AND UPPER LVlBDRM_ _ oweRrE -- 8079'-6" 1/4" = 1'-0" ATTACHMENT A 2 BLDG SECTION THRU GARAGE AND MUDROOM _ __ PLATE ,& 8509'-87/8" MAIN LEVEL —8490'-0" _!OWER LEVE_ L n 8479'-6" V ) BLDG SECTION THRU GARAGE AND KITCHEN 1/4" = 1'-0" ROOF A-101/3" V _ PLATE 19 )9'-87/8" V IAM THIS VE R -W, PER LEVE 70•_ 3/4" O� IAIN LEVEL y�J� 8490'_ LOd hOQ OA A °N VER LEVEE G 8x79'-6" E ? isle,rill liji£ 8 z Nq m g �qgp H o.Zia 1,2 g g s M! 2"�:j g § yR` S o6g Ng01 ti A a$Tit DLED is'�Ao�� is ��IMIRAWTY 'aft NANCY BRONW4•)ryh 1999 of 4hc . '+cert T$0 said COO DIA$ C htY of IIAN` -I Atari XT 3c and stare or FZ,0RZ0A An EN WAN. N'l1 esacdladdress .Grantor, ant is 24 L-4 aVRST RVI OFth LOTFpdN. LrK County 1 0f wITNE5g, and State of Valu that thg grantor el and tseldna Agra • 8rantee: of the svm or ncd xep dcrahwt gra �ah•he ba g1)" d eah4eyed, and by and assigns ro If any, DOLLARS.flare nad other gored end the rccript.nd situate,ei' nn tbgsc lyin rarer, [ in Itna hey in corrunvn 8 and being in e eney OF x•h ett is hcrcby I resenasdors gran[, yv bargain the said C but in LOT oratory of 8)IGL,a 3 6 ws`d sr11, crane t joint tenxnr 5. all the rctil ey and wdf nn. unto the PmpenY, , ]6I,q 3 and Slane of C fteNer with imprur—enls• clvradv desuihed as [nllvws: , �z L4RibGS $T7$I72VI8YDN also lrn0wn by street and nurrtbcr.,; 4580 FLAT:?OIC• AVON CO 81621) TOCIFTR E R wi ah 231 a rad singular the hcr'editamtnt5. and appurlenanovs thereto belrn and rcversinns, remainder and remainders rcnu, issues and profits th s0cvcr v[ the gin& ar to attywisc ter tt, cl'i g, and the reversion grantor, either in law or p �C, and all the estate,theh10lick, interest, d jpp and equity, pF Of, in and to the above bargained premises, wkth the he dcmarwl+rhat- TO 1iAVE , A the HOLD tate said prxtnisrs above hargained and described, raltumen[s and a assigns Fo tenet. virh yhoa PDenrnaxca, And the granmr, for himself, his heirs, and personal representatives, does mPetnrtt6anccs, unto ib, grantee• hi, hetrs and the grantee, his heirs and assigns, [hal at the timeaFlhe tnscali an grant. bargain, and a conve cd, ng d delivery of 11no presents, he is Well seized of theg remyt aryl with Y has good, sure, pe rCsc[, ah3Olutc and i[tdefeasible estate oT inhc[iFance, in law, in fee si !e, p ahavc law Cu I authority r0 grant, hargai n, Selland Convey the same in manner and form as atorgsald, and tha and has good rigtn, full pawcr aml former and other grant$, bargains. Sales, liens, [ the a8aae are Erce and clear f earn a;3 Thos a matter ta.Yes. assesatnents, encermbrance5 and ;estrietions of whatever kind or nature menet, "cem $ set forth 1n Exhibit A attached hereto and nada a Part hereof. The grantor shaiI and will W ARRANT AND FOREVER DEFEND the above• bergaited yremlSts in die quiet and peaceable pvssg sieh OF the g-nrea, his heirs and assigns, againA all and every person or WSW* lawfully claming int whole Or any part thercoF. The singular *umber shall include the plural, the plural the singular, and the use of any gender shall be applicable (gall gcndrrs. TN WIT;YESS WHEREOF, the gra nrar has execuled this decd on lire date ser Fvrta above. l7ENNIIS FRD TH NANCY FRO VV Sralcof f:ivf;0A J County of TA Lk +tee } The foregoing inslrumenr was acknowledged before rat: this day 0' by DENIMS FROMTS AND NANCY FRONRATH Witness my hand artd Rc !seal. M }• J_ DONNA L OO[LINS • -.� MYCOMId1SVONIccM1M r � EXPIRES; Aupusl2 }, 20P2 ref Svu�� � Notary Public AT,SY = qen,. T."d PudlC Vnaknntrn File No.49017878.0 sle+wA TIlle of ! sg}c Cdunly, Inc. Na -921A WApjLA:MpEED(PaJoint Teoants) Rrr. 9N7 EXHIBIT A ATTACHMENT A Attached tQ W NANcyCZ ra,ad, a ntee �}RA�THd,mGrantor(aj,artcto THOMASf WarrantyA C. WDeed DENNISFRONRATH AND fromNTY ANI7 MARY ELLEN WAN'TY All taxes _ eta for year 3999, which ar 'a lien not yet payable_ F€es atio the ns ox exceptions in Patents, in Acts z,irig �'aY forudite thereof, including the reservation ofaari unite Sta ekes or canals constructed toy the authority of of Nov d ,,, as reserved in United States Patent recardedhe 7844:L. 23� 1949 in Book 134 at Page 524, as Reception No. Reservation to mineralsthe United States of all the coal, and other Book 134 as set forth in Patent recorded November 23, 1949 in the coal at Page 524, as Reception No. 78441, as follows. rtAlI nd other minerals in the lands so entered and patent, together with the right to Prospect for, mine and remove the same purs ant to the provision and limitation for the Act of De'Cember 9, 1915. (30 STAT 862)." f EaSements for all purposes, restrictions, land use, set back for imProvements, definitions, limitations, and burdens as set forth or disclosed on the plats of wildridge recorded in Book 288 at Page 124, as Reception No. 184525, and recorded in Book 303 at Page 466, as Reception No. 199852, and recorded in Book 330 at Page 78, as Reception No. 226437. Restrictions as contained in instrument recorded July 12, 1979 in Book 288 at Page 123, as First Amendment thereto recorded June 2, 1980 in Book 303 at Page 465, ,Amendment recorded October 8, 1981 in Book 330 at Page 77, as Reception No. 226436, Amendment recorded September 4, 1982 in Book 345 at Page 844, as Reception No. 242188. Terms, conditions, restrictions, and stipulations as contained in Subdivision Improvements Agreement recorded July 12, 1979 in Book 288 at Page 125, as Reception No. 184526. 'Perms, conditions, reservations, restrictions and as contained. in Town of Avon Ordinance No. 84-9, 'Series 1984, recorded August 8, 1985 in Book 421 at Page 894, as Reception No. 318162 and Town of Avon Ordinance No. 90-14, recorded September 12, 1990 in Book 537 at Page 433 as Reception No. 433585 and Town of Avon Ordinance No. 90-6, recorded January 9, 1991 in Book 545 at Page 415 as Reception No. 441559. Easement granted to Capper Eagle Valley Sanitation District as contained in the instrument recorded October 29, 1980 in Book 311 at Page 878 as Reception No. 208255. ATTACHMENT A INVOICE Land Title Guarantee Company Pq 5975 Greenwood Plaza Blvd Suite 125 Land Title Greenwood Village, CO 80111 GUARANTEE COMPANY 970-476-2251 W WW. LT GC. C 0M MARTIN MANLEY ARCHITECTS MARTIN MANLEY ARCHITECTS PO BOX 1587 EAGLE, CO 81631 Reference Your Reference Number: TBD Commitment - 50070740 Our Order Number: VA -16252 Our Customer Number: 82735.0 Invoice Requested by: MARTIN MANLEY ARCHITECTS Invoice (Process) Date: December 14, 2023 Transaction Invoiced By: Web Services Email Address: system@ltgc.com Invoice Number: VA -16252 Date: December 14, 2023 Order Number: 50070740 Property Address: 4580 FLAT POINT AVON 81620 Invoice Charges Service: TBD Commitment $265.00 Ref: 50070740 Addr: 4580 FLAT POINT Party: THOMAS C. WANTY AND MARY ELLEN WANTY Total Amount Invoiced: $265.00 Less Payment(s): $0.00 Balance Due: $265.00 Due and Payable upon receipt Please make check payable to Land Title Guarantee Company and send to the address at the top of Page 1. Please reference Invoice Number VA -16252 on your Payment Page 1 invoice.odt 14420 07/2015 07/30/13 11:06:43 AM Land Title GUARANTEE C:O.MPAW ATTACHMENT A Customer Distribution IR 0 Prevent fraud - Please call a member of our closing team for wire transfer instructions or to initiate a wire transfer. Note that our wiring instructions will never change. Order Number: V50070740 Property Address: 4580 FLAT POINT, AVON, CO 81620 For Closing Assistance Seller/Owner THOMAS C. AND MARY ELLEN WANTY Delivered via: Electronic Mail Date: 12/14/2023 For Title Assistance Land Title Eagle County Title Team 610 WEST LIONSHEAD CIRCLE #300 VAIL, CO 81657 (970) 477-4500 (Work) eaglecountyrequests0itgc.com Consultant JEFF MANLEY PO BOX 5668 EAGLE, CO 81631 (970) 688-0326 (Cell) (970) 328-0592 (Work) jeff@martinmanleyarchitects.com Delivered via: Electronic Mail ATTACHMENT A Land Title 4l ...EL 1O.1- ,S'ina r967 Estimate of Title Fees Order Number: V50070740 Property Address: 4580 FLAT POINT, AVON, CO 81620 Seller(s): THOMAS C. WANTY AND MARY ELLEN WANTY Buyer(s): Date: 12/14/2023 Thank you for putting your trust in Land Title. Below is the estimate of title fees for the transaction. The final fees will be collected at closing. Visit Itac.com to learn more about Land Title. Estimate of Title Insurance Fees "TBD" Commitment $265.00 TOTAL $265.00 Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the documents on your property. Chain of Title Documents: Eagle county recorded 05/20/1999 under reception no. 696682 Plat Map(s): Eagle county recorded 10/08/1981 under reception no. 226437 ATTACHMENT A ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Property Address: 4580 FLAT POINT, AVON, CO 81620 1. Effective Date: 12/08/2023 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: Order Number: V50070740 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 estate or interest covered herein is at the effective date hereof vested in: THOMAS C. WANTY AND MARY ELLEN WANTY 5. The Land referred to in this Commitment is described as follows: $0.00 LOT 36, BLOCK 3, WILDRIDGE ACCORDING TO THE FINAL SUBDIVISION PLAT, RECORDED OCTOBER 8, 1981 IN BOOK 330 AT PAGE 78, COUNTY OF EAGLE, STATE OF COLORADO. Copyright 2006-2023 American Land Title Association. All rights reserved. - AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing ASSOCIATION as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. n ATTACHMENT A ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: V50070740 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ATTACHMENT A ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: V50070740 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 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 of 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. 8. RIGHTS OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 23, 1949, IN BOOK 134 AT PAGE 524. 9. RESERVATION OF ALL THE COAL AND OTHER MINERALS IN THE LAND TOGETHER WITH THE RIGHT TO PROSPECT FOR MINE AND REMOVE THE SAME PURSUANT TO THE PROVISIONS AND LIMITATIONS OF THE ACT OF DECEMBER 29, 1916 AS RESERVED IN DOCUMENT RECORDED NOVEMBER 23, 1949 IN BOOK 134 AT PAGE 524. 10. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 14, 1982, IN BOOK 345 AT PAGE 844. 11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE WILDRIDGE SUBDIVISION FINAL PLAT RECORDED OCTOBER 8, 1981 IN BOOK 330 AT PAGE 78. Land Title CUARANTFL C4WRANY —.1'nne +9G ATTACHMENT A Land Title Guarantee Company 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 will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (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 8-1-2 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 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: ATTACHMENT A This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-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 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. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio -video communication technology. You may choose not to use remote notarization for any document. Land Title CUARANTFL CC.M11ANY —.1'nne +9G ATTACHMENT A Joint Notice of Privacy Policy of Land Title Guarantee Company Land Title Guarantee Company of Summit County Land Title Insurance Corporation and Old Republic National Title Insurancy Company This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. 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 your 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 obtain either 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 may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. • 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 assess 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 STATED ABOVE OR 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. ATTACHMENT A 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. ATTACHMENT A Commitment For Title Insurance ** Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE * POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. COMMITMENT CONDITIONS DEFINITIONS (a)"Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b)"Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g)"Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h)"Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a)the Notice; (b)the Commitment to Issue Policy; (c)the Commitment Conditions; (d)Schedule A; (e)Schedule B, Part I—Requirements; and (f) Schedule B, Part II—Exceptions; and (g)a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a)The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company's written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. (b)The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c)The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d)The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e)The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g)In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a)Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b)Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. ATTACHMENT A (d)The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at htip://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 59-45 Craig B. Rants, Senior Vice President OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 16121371-1111 / ' `/� I/l President Attest �Q/ L�� –WA Secretary This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ATTACHMENT A MATERIALS & COLORS Roofing: 50 -Year Asphalt shingle, Charcoal Elk-Gaf, Timberline HDZ® RS shingles Cool Roof Rating (CRRC). Flashing and Gutters:Paint lock aluminum Color: dark bronze Decks: Synthetic Gray Terraces and Entry walk: Flagstone on 4" concrete: #12 Sandlewood concrete slab at south terrace with 4' score joints Drive: Asphalt drive Windows: Aluminum Clad windows and doors Color: BLACK Vertical Siding, 1X8 ShiplapSiding Color: gray weathered (Vintage Woods) Timbers, Belly Band and fascia, 2x8 and 2x10 Wood Fascia Trim, 2x12 Belly Band Color: to match Dark Bronze of metal roofing Railing, Cable Pickets and 2x2 top rail and newels black steel (sealed) Cement Stucco f _ ; Very Light Hand Trowel -freeform. square corners Sto- Burnt Ash 11403 LRV 32 Mpenemn swdstmv rvRM Stone Veneer #363 Cottonwood SBSF thin veneer, drystack set or #339 Aspen Bark Sandstone, thin veneer, drystack Stone wall cap to be 3" sandstone ATTACHMENT A O N cn V) E N J r6 Q 0 ATTACHMENT A Ul) 4� a� Q N U 0 N x O a -J p i Ln - } O> O E0 L – m a) E o LOL f i U 072 U C 41 Q) Lo O O N ate--+ �'> E U � N rp E 3 E a� 0 J E O �; >, 4- +J t4 N N - °' o ® _ ro 0 C >> E i Cp O f6 U 1. U �� \ c 3 m N 3� a, 3 E o M >°o o E N N E��p p o �>, D o E> Ln 0 Z3 N u U 0 E O E W O U 0 O 0')E E W 0 N .� a� �' � C U U .. o E �, a� E U v <L 0 N N N x -0 _U 4? r6 4-1 4- Q O O _ U i N 0 OL :3* O (1) X M E 0 E 0 0 N4-3 U, Fn Q (n o W (nl J O O D U O '-0 i 4- �; W 0 i > O OL N D U J U }, O E O j Q 0 0 +, 0 > 0 O O O O � N 00) Ln O N -c E U N xU Q p'� � � Ln `� p N U N .61 a) 0 U E L..E 4-jvi N� U W 3 4 N� E E p Ln Q 0 p U J N c ` N U U E E N X 0 0 L O E W i U W U rp m M W LL m U Q (n r6 J Q UY"-- Q • • • • • • • • • • r6 Q 0 Ul) 4� a� Q N U N p Ln - } O> O E0 L – m a) E o LOL f U 072 U C O N N .�_ 4J �'> E U o E 3 E a� J 0 a - �; >, 4- +J t4 N N - ® C >> i Cp O f6 U c 3 _ �° > 41 0 a, 3 E o >°o o E -0 p o :;o o .� Ln E. Z3 N 3 — E O a� O U 0 O LL 0) a) J W N .� a� �' � C U U E �' O o E �, a� E U v <L 0 Y N N i -0 _U 4? r6 4-1 4- N -_ 3 _ U i 0 OL :3* >, QBE (1) Ld '� Oi011 M E 0 0)-0� U U, Fn Q (n -Q U N� (nl ATTACHMENT A >, p LU � J fu w V) V) W N N � N p U V c O O O U c O O OLO O Q Li LFZ- U 4-J +- U U a E 0O O Q L L N V N 0 O L-- E � c O U QJ O N OLf) Z Q � LL a� m f6 U U U Q }' U � O (n d ATTACHMENT A >, p LU � J fu w M X 00 0 c L N Q m U C m ATTACHMENT A i 0 m n w J M,, . J J, Ln o N E O O O > Q N � U v) Ln 4 O W O J �4-j +J c _N � U 0) J N ATTACHMENT A N 0 V) _O N 4-1 } U -Ln i Q n O U E m :3 O .c: U E N � �) d U 0 W RP N O U Q M U U N a--+ 4 - fu N M x m ►7 IN M N O M N N U � Z ►7 O C N ro O O +- � � O U O N N O J C7 E Q 0 w 3u O >Ln r6 O 00 J E O Nro O N �1 4-j :3 U -c Q Z •— UO O04 4-jN O �O 4 O O O O m p +� Q U O C m E OU rM J ° a� ATTACHMENT A N 0 V) _O N 4-1 } U -Ln i Q n O U E m :3 O .c: U E N � �) d U 0 W RP N O U Q M U U N a--+ 4 - fu N M x m ►7 IN M N O M N N U � Z ►7 O vi ro O +- � N O U O N N 0= J C7 E Q Q 'Fn > O >Ln O L O Q) ro.� D -Z- Z UO L 4 N O O , N +� C o E ° a� W a� O -0 N O O 4- C >, �O O � a -J .� — ( N O r6 Q � N i V) _ 4 N U -F Q Q N a--+ U U m >+ O O O 4' 0 E i U O *+ U c 4 z D ?>> u N -S-2 ° Q } J Q E ATTACHMENT A N 0 V) _O N 4-1 } U -Ln i Q n O U E m :3 O .c: U E N � �) d U 0 W RP N O U Q M U U N a--+ 4 - fu N M x m ►7 IN M N O M N N U � Z ►7 O ro +- O O N r O J C7 w Q L _O > O U �p M U VV� 1 fe Ez Ir JLL Y Ez Ir JLL do 1* mi IA kS � 0 W-� I G t I ATTACHMENT,�- F LA� rJ . #t u• m 71 4 '0 a |* 14 Jr If' off it'll %lLlw H:2e :n-'' 1 161 <IN pr LLL C4 U- oc t w -Wave OWL 2 E 00 w g!e ad: me 1SIIWI 1 OiVN W3AId 311- 4M E A Ka mm 1 69 'T t -A Veh a It EP -005J. il 1, ;7;i WE -15 It pVA 1 i 'I S 46 C. -"Q -<8'M p� H:2e :n-'' 1 161 <IN pr LLL C4 U- oc t w -Wave OWL 2 E 00 w g!e ad: me 1SIIWI 1 OiVN W3AId 311- ATTACHMENT C S — LOT 36, BLK. 3, WILDRIDGE Easement Deed Book 311 .Page 878 208256 Recorded at 9:00 A.M. October 29, 1980 Fee $6.00pd Recorder: Johnnette Phillips, EASIEHUT DEED ATTACHMENT C ,)'lA KNUW ALL NEN BY THESE THAT NICOLAS as " C r a a t o r " ) , for TEN the receipt of w'hich f conveyed, and by these unto the Upper Eagl corporation of the Sta P.O. Box Y Colorrdo, $1_620 _ fullowing real propert Colorado, to -wit: Eagle County LT- QLe 3 t,�1 LOtZt oC�E �n��FI-I�►�r D�� 5ftllE i ttittElliAHP FHA permanent OCT.;9 1980 agsewert tr s..1� 5/— in, on,Ove --described I incorporated herein by this reterence. hereinafter referred to valuable consideration, bargained, sold and and convey and confirm a quart -municipal is "Grantee"), the •lc , State of Ingress and tir and maintain I appurtenances, ad more particularly ched herato and A:gether with ail and singular heredltnments and appurtenances thereto belonginG, or iu anywise appertaining, and the reversion and reversions, remaioder, and remainders, rents, issues and profits thereof; and all the estate,figirt, title, interest, claim and demand whatsoever, of the Grantor, either 1n,law or.La equity, of, in and to the above -bargained real property interest, with the hereditaments and appurtenances. Tu HAVE AND TU HOLD the real property interest above -bargained and described with appurtenances, unto the Grantee, its succeusurs and assigns forever, Arid the Grantor, for itself, its heirs, successors and assigns, covenants, grants, bargatng and agrecs to and with the Grantee, its successors and assigns, that it' has good right, full power and authority to grant, bargain, sell and convey the same In manner and form as aforesaid, and that the same are free and clear of all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatsouver kind and nature, subject to those liens, taxes, assessments and encunbrunces of record, if any; said above -bargained and described real property interest to remain in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lavfully claiming or to claim the whole or any part thereof, by or through the Grantor, which Grantor shall and will WARRANT AND VOREVER DEFEND. Urantur, Its heirs, successors, and/or assigns, shall not erect nor place any permanent building, structure, improvement, fence or tree on the above-descrLbed earcericnt, and Grantee e11:111 not be liable for their removal if they are so placed. Acceptance of this Easement by Grantee shall constitute its agreement and consent as follows: 1. At such time ;tad In the event Utnt the casement described herein shalt be ab.,ndoned, Grantee's real property iutereat In the easement shall Immeditely revert to and be thereatter merged with the servient estate. Book 311 208256 Recorded at 9;00 A.M. October 29, 1980 pee $6.00pd Page 878 Recorder; Johnnette Phillips, Eagle County Tom.— ATTACHMENT C EASEMENT DEED K7 UW ALL MEN BY THESE PRESENTS: i THAT NICOL.AS SHAD (hereinafter referred to as "Grantor"), for TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto tltc _j1R2er_ Fogle Valley Sadonitation - DISTRICT, a quaal-munieLpal corporation of the State of Celoru, whom: legal address is P.O. Dox Y -- -- _ _ Avon _ Colorado, $�20 — (hereinafter referred to as "Grantee"), the following real property situate in the County of Eagle State of Colorado, to -wit: UAIE S6�vjl jAnrrLtA permanent casement together with the right of ingress and OC rov 1980 egress, to construct, reconstruct, operate, repair and maintain a sewer transmission main line and related appurtenances, in, on, over under and through that tract of land more particularly _described in "Exhibit A", which exhibit is attached hereto and incorporated herein by this reference. Together with all and singular hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder, and remainders, rents, issues and profits thereof; and all the estate, figiu, tittle, Interest, claim and demand whatsoever, of the Grantor, either in'law or. in equity, of, in and to the above real property interest, with the. -hereditaments and appurtenances. TO HAVE AND TO BOLD the real property interest above -bargained and d::scrtbed with appurtenances, unto the Grantee, Its successors and assigns forever. And the Grantor, for Itself, its heirs, successors and assigns, covenants, grants, bargains and agrees to and with the Grantee, its successors and assigns, that Lt' has good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear of all former ;And other grants, bargains, sales, liens, taxes, as+:ossmento and encumbrances of whatsoever kind and nature, subject to those liens, taxes, assessments and eneumbrdnees of record, if any; said above -bargained and described real property Interest to remain in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by or through the Grantor, which Grantor shall and will WARRANT AND FOREVER DEFEND. Grantor, Its heirs, successors, and/or assigns, shall not erect nor place any permanent bulldtng, structure, improvement, fence or tree on the above-described ca!;ement, and Grantee shall not be liable for their removal if they are so placed. Acceptance of tills Easement by Grantee shall constltuto its agreement and consent as follows: 1. At such time and in the event that the casement described herein shall IN abandoned, Grantee's real property interest in the easement shall immcditely revert to and be thereafter merged with the servient eetatu. 4 t+ ATTACHMENT C 1. The facilities installed In the above-described easement shall be Installed, malnLaiaed, and operated so as to permit maximum use and enjoyment of the surface by Grantor, its heirs, successors and assigns. in the event it is necessary to repair or replace the facilities, Grantee shall restore the surface of Lhe land as nearly as may be practicable to the same condition it was prior Lo such repair or rupincement, pruvided no permanent building, structure, lmprov.•meut, fence or tree shall be placed thereon by Grantor. SIGNED AND DELIVERED this day of 1980. GRANTOR: / NICOLAS SHAD BY: STATE Of COLORADO ) )ss. WUNrY OF 0 ) The foregoing EASESEN"r DEEDD was acknoulodreed before me this 19�x day of 19SN by Witnegy my hand and official seal My commission explras: ' 1l (seal) Notary Pubii'••.,,.,.. ` _ EXHIBIT A ` ATTACHMENT LFILITY EMEIVEA1T T•,6 M LeT -U.' 131 3 WILE)CIDAE 6118DIVI-Ma1 AVZU,/n► n0AD6 ��AE+ur Df=x.>�Irlrlpu A UTILITY EASEIIE14T WITHIN LOT 36, BLOCK 3, 30 FEET WIDE, 15 FEET EACH SIDE OF THE IULLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 36, WHENCE THE NORTHEAST CORNER BEARS N 11°39'30" W, 360.58 FEET; THENCE S 87°28'36" W. 81.28 FEET; THENCE S 21°45'53" W. 76.48 FEET TO THE ENDING POINT, ON THE COMMON LINE OF SAID LOT 36 AND WILDRIDGE ROAD WEST k I GtiT-OF-NAY. nor L roe 5447 AVON PLANNING & ZONING COMMISSION Avon MEETING MINUTES FOR TUESDAY, DECEMBER 19, 2023 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS BRAD CHRISTIANSON, KEVIN HYATT, BILL GLANER, ANTHONY SEKINGER, AND OLIVIA COOK WERE PRESENT. ALSO PRESENT WERE TOWN MANAGER, ERIC HEIL, PLANNING DIRECTOR MATT PIELSTICKER, AICP, SENIOR PLANNER JENA SKINNER, AICP, PLANNER 1+ MAX MORGAN, AND APPLICANTS CHRIS GREEN AND NICOLE MURAD. COMMISSIONER TOM SCHAEFER WAS NOT IN ATTENDANCE. 2. APPROVAL OF AGENDA THE AGENDA WAS APPROVED AS PUBLISHED. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS THERE WERE NO CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION. 4. PUBLIC HEARINGS 4.1. FILE #DEB23001 I DEVELOPMENT BONUS: BURTON HOUSE - TO BE CONTINUED TO JANUARY 3, 2024 (SENIOR PLANNER JENA SKINNER ACTION: COMMISSIONER SEKINGER MADE A MOTION TO CONTINUE THE APPLICATION TO THE JANUARY 3, 2023 PZC MEETING. COMMISSIONER COOK SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5- 0. 4.2. FILE #SRU23001 I SPECIAL REVIEW USE 630A W BEAVER CREEK BLVD ADU (SENIOR PLANNER JENA SKINNER ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE APPLICATION WITH THE CONDITIONS AS PRESENTED. COMMISSIONER CHRISTIANSON SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0. 4.3. FILE #CTA23002 I CODE TEXT AMENDMENTS FOR COMMUNITY HOUSING ZONE DISTRICTS (SENIOR PLANNER JENA SKINNER 4.4. FILE #CPA23002 I COMPREHENSIVE PLAN AMENDMENTS FOR COMMUNITY HOUSING (SENIOR PLANNER JENA SKINNER ACTION: COMMISSIONER HYATT MADE A MOTION TO APPROVE BOTH APPLICATIONS TOGETHER AS PRESENTED. COMMISSIONER GLANER SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0. 5. CONSENT AGENDA 5.1. DECEMBER 5, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER CHRISTIANSON SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0. 6. STAFF UPDATES 6.1. HOLIDAY PARTY 7. FUTURE MEETINGS 7.1. JANUARY 3, 2024 (WEDNESDAY) 7.2. JANUARY 17, 2024 (WEDNESDAY) 8. ADJOURN ACTION: MEETING ADJOURNED AT 7:08PM THESE MEETING MINUTES ARE ONLY A SUMMARY OF THE PROCEEDINGS OF THE MEETING. THEY ARE NOT INTENDED TO BE COMPREHENSIVE OR TO INCLUDE EACH STATEMENT, PERSON SPEAKING OR TO PORTRAY WITH COMPLETE ACCURACY. THE MOST ACCURATE RECORDS OF THE MEETING ARE THE AUDIO RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK'S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST. APPROVED: FAR CHAIRPERSON Planning and Zoning Commission 2024 Schedule MONTH DATE DAY January 3 -Jan W 17 -Jan W February 6 -Feb Tu 26 -Feb M March 11 -Mar M 25 -Mar M April 8 -Apr M 22 -Apr M May 13 -May M June 10 -Jun M 24 -Jun M July 8 -Jul M 22 -Jul M August 12 -Aug M 26 -Aug M September 9 -Sep M 23 -Sep M October 14 -Oct M 28 -Oct M November 11 -Nov M 25 -Nov M December 9 -Dec M 23 -Dec M PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF PUBLIC HEARING TYPE OF APPLICATIONS: PROPERTY LOCATION: FILE NUMBER: APPLICANT: December 19, 2023 Special Review Use 630A W Beaver Creek Blvd SRU23001 Nicole Murad A AVo n GOLOFA�9 This Record of Decision is made in accordance with the Avon Development Code §7.16.010(F)(1) PZC DECISION ON #SRU23001: Approval With Conditions FINDINGS: SRU23001: 1. The application for an Accessory Dwelling Unit qualifies as a viable use to be reviewed per to §7.16.100 Special Review Use of the Avon Development Code. 2. The proposed ADU application complies with the provisions of §7.24.070, Accessory Uses and Structures. 3. The proposed use is consistent with the Comprehensive Plan and all applicable provisions of this Development Code and applicable state and federal regulations as conditioned. 4. The proposed Accessory Dwelling is consistent with the purpose and intent of the zoning district in which it is located and any applicable use -specific standards in the Development Code in that Accessory Dwelling Units are a permittable use within the lower density zoned areas of the Town of Avon, which includes Resident Duplex zoning. 5. The proposed use is compatible with adjacent uses in terms of scale, site design and operating characteristics, as the ADU is contained within an existing conforming structure. 6. There are no significant impacts to adjacent or on-site uses as conditioned. 7. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection and roads and transportation, as applicable) are available to serve the subject property and will not necessitate upgrades or cause additional demand beyond existing levels of service for this development; and 8. Adequate assurances of continuing maintenance is satisfactory. GENERAL CRITERIA FINDINGS: The development applications is complete. The development application provides sufficient information to allow the reviewing authority to determine that the development applications comply with the relevant review criteria. The development application complies with the goals and policies of the Avon Comprehensive Plan; and The demand for public services or infrastructure exceeding current capacity does not require mitigation. PZC Record of Decision: SRU23001 CONDITIONS: 1. This property is limited to only one (1) Short Term Rental (Full) License for the property owner of 630A W Beaver Creek Blvd., which can only be used for a single unit. If the owner desires to short term rent both units simultaneously, a second Short Term Rental (Limited) License must be obtained by the owner before the onset of STIR use for both the primary and secondary units. Parking shall be limited to one (1) vehicle for this use. This parking space shall be made available by the property owner for people renting this unit, at all times. 3. This SRU approval for an Accessory Dwelling Unit shall run with the property, regardless of ownership. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY: PZC Chairperson PZC Record of Decision: SRU23001 17_19:9 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF PUBLIC HEARING: December 19, 2023 TYPE OF APPLICATIONS: Code Text Amendment PROPERTY LOCATION: N/a FILE NUMBER: CTA23002 APPLICANT: Town of Avon A AVo n GOLOFA�9 This Record of Decision is made in accordance with the Avon Development Code §7.16.010(F)(1) PZC DECISION ON #CPA23001: Recommendation for Town Council to Approve FINDINGS: CTA23002: The text amendment promotes the health, safety and general welfare of the Avon community by focusing on Community Housing by providing distinct zone districts to accommodate this use; This text amendment promotes and strengthens the implementation of the updated goals and policies of the Avon Comprehensive Plan and supporting plans, and increases the synchronicity between these documents; The text amendment consistently promotes or implements the purposes stated in this Development Code with the new language proposed for Community Housing Zone Districts; and The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions, as Community Housing is recognized as being a priority for Avon. GENERAL CRITERIA FINDINGS: The development applications is complete. The development application provides sufficient information to allow the reviewing authority to determine that the development applications comply with the relevant review criteria. The development application complies with the goals and policies of the Avon Comprehensive Plan; and The demand for public services or infrastructure exceeding current capacity does not require mitigation. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY: PZC Chairperson PZC Record of Decision: CPA23001 DATE: PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF PUBLIC HEARING TYPE OF APPLICATIONS: PROPERTY LOCATION: FILE NUMBER: APPLICANT: December 19, 2023 Comprehensive Plan Amendment N/a CPA23001 Town of Avon Avo n COLOFA�9 This Record of Decision is made in accordance with the Avon Development Code §7.16.010(F)(1) PZC DECISION ON #CPA23001: Recommendation for Town Council to Approve FINDINGS: CPA23001: 1. The proposed amendments to the Comp Plan are compatible with the goals and policies of the entirety of the Avon Comprehensive Plan, as recognizing certain properties may be suitable for receiving Community Housing projects on Town owned lands does not alter this Plan's general development intentions for Avon; This amendment complies with the Review Criteria outlined in Section §7.16.030(c) of the Development Code, and offers increased support for Community Housing efforts and protections for Avon's gateway area; 3. The proposed amendment bolsters the purpose statements of the Development Code in increasing its support for Community Housing; and 4. The proposed amendment promotes the health, safety, and welfare of the Avon Community by supporting working families and building a stable community with opportunities for families and young professionals. GENERAL CRITERIA FINDINGS: The development applications is complete. The development application provides sufficient information to allow the reviewing authority to determine that the development applications comply with the relevant review criteria. The development application complies with the goals and policies of the Avon Comprehensive Plan; and The demand for public services or infrastructure exceeding current capacity does not require mitigation. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: III -A114 PZC Chairperson PZC Record of Decision: CPA23001