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HomeMy WebLinkAboutLIONS RIDGE FILING 3 BLOCK 2 LOT 25A-B GRAND TRAVERSE DAUPHINAIS-MOSELEY LEGALRevised 5/2/92 (PLEASE PBINT OR TYPE)A. APPLICANT Deveropmenl w&tEi VED-JUI g r' ?000 Dale Received by the Community ,,/o /lJ C- APPLICATION FOB DUPLEX SUB DIVISION REVIEW (Chapter 17 .24 Y ail Municipal Code) :C) MATLING ^DDREss k^ /J-li- , d.AtL, cO g4(r,q PHONE y4 gotf B. APPLICANT'S REPRESENTATIVE ADDRESS C. PROPERTY OWNE OWNER'S SIGNATURE MAILING ADDRESS D.LOCATION OF PROPOSAL. cl ,r'[t /roA HONE /r .4 ./ lu QLr+atEA L 1lqt STREET ADDRESS /8 {! FILING E. F. APPLICATION FEE $1OO.OO PAID MATERIALS TO BE SUBMITTED: 1. Two mylar copres and one paper copy ol lhe subdivision plal shall be submilled to the Departmenl of Comrnunity Developmenl. The plat shall include the following: a. -- -ltre itnal plat shaii be orawn by a registereci surveyor in lndta ink, or olher substanlial solulion, on a reproducible medium (preferably mylar) with dimenston ol twenlyJour by thirty-six inches and shall be al a scale of one hundred feet to one inch or larger wilh margins of one and one-half to two inches on the left and one-half inch on all olher sides. b Accurate dimenstons to the nearest one-hundredth of a iool lor all lines, angles and curves used lo describe boundaries, streels. selbacks, alleys, easements, struclures, areas 10 be reserved or dedicated for public or common uses and other important fealures. Ali curves shall be circular arcs and shall be defined by lhe radius, central angle, are scored distances and bearing. All dimensions, both linear and angular, are to be delermined by an accurate control survey in the Jield which must balance and close within a limit of one in ten thousand. Norlh arrow and graphic scale. A systematic identifrcation of all extsling and proposed buildings, units, lols. blocks. and names for all streets. An identification of the streets, alleys, parks, and other public areas or lacililies as shown on the plat, and a dedicalion lhereof 1o lhe public use. An identificalion of lhe easements as shown on the plat and a granl thereof to the public use. Areas reserved for future public acquisition shall also be shown on the plat. A written survey descriplion of the area including the total acreage to lhe nearest appropriate significant figure. The acreage of each lot or parcel shall be shown in ihrs manner as well. A description of all survey monumenls, bolh found and set. which mark the bolndartes of the srrbdivision, and a description of all monr.rmenls used in condLtcting lhe survey. Monumenl perimeler per Colorado slalules. Two perimeter rnonuments shall be established as major control monumenls. the malerials which shall be delermined by the town engineer. A slalement by the land survevor explaining how bearing base was delermined. A certificate by lhe registered land surveyor as outlined in Chapter 17.32 of lhis s h. Lor-Zlelocx Z sueDrvrsroN s fficDJUL262000 tille as 10 the accuracy of the survey and plat, and that the survey was performed by him in accordance wilh Colorado Revised Slatules 1973, Title 38. Article 51" j. A certificate by an attorney admilted to praclice in the State of Colorado. or corporale tttle insurer. lhat the owne(s) of record dedical ng to the public the publlc right-of-way, areas or lacilities as shown lhereon are the owners thereof in fee simple, free and clear of all liens and encumbrances excepl as noled. k. The proper form for filing of the plal with the Eagle County clerk and recorder. L Certificate of dedicalion and ownership. Should the certrficate ol dedication and ownership provide for a dedication of land or improvernents 1o the public, all beneficiaries of deeds of lrust and morlgage holders on said real property wrll be required 10 sign lhe certificale of dedication and ownership in addilion to the fee simple owner thereof . m. All cunent laxes musl be paid prior 1o lhe Town's approval of plal. This includes taxes which have been billed out but are not yel due. The certificale of taxes paid musl be signed on the plal or a slalemenl hom the Eagle Counly Assessors Office musl be provrded wil the submitlal inlormalion stating lhal all taxes have been pard. n. Stonalur€ of owner The plat must conlain the following slalement: "For zoning purposes, the lols crealed by this subdivision are to be trealed as one lol with no more lhan two dwelling unils allowed on the combined area of the two lols." The slatement shall be modified to indicale the number of unils and lols proposed." A copy ol the declarations and/or covenanls relating 10 the subdivision, which shall assure the mainlenance of any common areas which may be crealed. The covenants shall run with the land and shall be in a form suitable for recording wilh the Eagle Counly Clerk and Recorder. 4. SchedulesA & BoJ alille repon. APPROVAL PROCESS, REVIEW CRITEBIA Upon receiving iwo copies oi a conrpieie sui.rmitai alorrg with paymenl <.r[ the appropriate fee, iire zoning administralor shall route one copy of the site map lo the town engineer for his review. The zoning admrnistralor shall lhen conduct this review concurrently. The lown engineer shall review the submittal and return comments and nolifications to the zoning admtnistralor who shall lransrnit the approval, drsapproval or approval with modificalions of the plat within fourteen days to the applicanl. The zoning administrator shall sign the plal if approved or require modificalions on the plat for approval or deny approval due to inconsistencies wilh the originally approved plan or failure to make olher reouired modificalions of the olal. FILING AND RECORDING The Deparlment of Community Development will record the plat and any related covenanls with the Eagle Counly Clerk and Recorder. Fees for recording shall be paid by the applicant. The Communily Developmenl Departmenl will retain one rnylar copy of the plat for their records and will record the remaining mylar copy. lf lhis application requires a separate review by any local, Stale or Federal agency other than the Town of Vail, the application fee shall be increased by $200.00. Examples of such review, may include, but are not limited lo: Colorado Departmenl of Highway Access Permits, Army Corps of Engineers 404, etc. The applicant shal! be responsible for paying any publishing fees which are in excess o1 50% of the applicalion fee. lf, al the applicant's request, any matler is postponed for hearing, causing the malter to be re-published, lhen, the entire fee for such re-publication shall be paid by lhe applicant. Applications deemed by lhe Oommunity Developmenl Departmsnt lo have significant design, land Ltse or other issues which may have a significant impacl on the comrnunity may require review by consuhants other lhan town staff. Should a delerminalion be made by the lown slaff that an oulside consultanl is needed to review any application, the Communily Developmenl may hire an oulside consuhant, it shall €stimate the amounl of money necessary to pav him or her and lhis amorln! shall be forwarded to the Town by the applicanl at the lime he files his applicalion with the Communily Development Departmenl. Upon completron of the review of lhe application by the consultant, any of the funds forwarded by lhe appiicant for paymenl of the consuhant which have not been paid to lhe consultanl shall be relurned lo the applicanl. Expenses incurred by the Town in excess of lhe amount forwarded by the applicanl shall be paid to the 'l-own by lhe applicant wilhin 30 days ol notification by the Town. z. H, PARTYWALL AGREEMENT AND DECLARAT]ON OF COVENANTS, CONDITIONS AND RESERVATIONS FOR Lot25, BLOCK2, LION'S RIDGE STIBDIVISION, FILING NO. 3, ACCORDING TO THE PLAT RECORDED SEPTEMBER IO,I979IN BOOK 290 AT PAGE 794, COLI{TY OF EAGLE, STATE OF COLORADO RECITALS Dauphinais-Moseley Construction, Inc., a Colorado Corporation, (hereinafter referred to as "Declarant") is the owner of the real property situate in the County of Eagle, State of Colorado, described as Lot 25, Block 2, Lion's Ridge Subdivision, Filing No. 3, according to the Plat recorded September 10, 1979 io Book 290 at Page 794, County of Eagle, State of Colorado, subject to the restrictions set forth in the attached Exhibit "A" ("Subject property',). Declarant has constructed on the Subject Property a building consisting of two units, each designed and intended for use and occupancy as a residential dwelling unit, which are sometimes referred to herein separately as "LJnit" or collectively as "{Jnits',. DECLARATION Declarant does hereby publish and declare that the foilowing terms, covenants, conditions, easements, restrictions, use, reservations, limitations and obligations shall be deemed to run with the land described herein, shail be a burden and a benefit to Declarant, his personal representatives, heirs, successors and assigns and any person acquiring or owning an interest in the real property which is described herein and improvements built thereon, his grantees, personal representatives, heirs, successors and assigns. l. DEFIMTIONS. Unless the c,ontext shall expressly provide otherwise, the following terms shall have the following meanings: A. "The Properties" means all of the real estate legally described as Lot 25, Block 2, Lion's Ridge Subdivision, Filing No. 3, according to the Plat recorded September 10, 1979 in Book 290 atPage 794, County of Eagle, State of Colorado. B. "Lot", "Building Site", or "Parcel" means Lot 25-A or Lot 25-B as shown on the Map. C' "Duplex" or "Building" means the two contiguous dwelling units constructed upon the parcels or Lots. D. "Unit" means any one of the two dwellings comprising the "Duplex". E' "Owner" means a person, persons, firm, corporation, partnership or association, or other legal entity, or any combination thereof, owing an interest in the Lots. F. "Map" means the engineering survey of the Properties by Duane D. Fehringer, Colorado P.L.S.26626,entitledDuplex Plat, Lion's Ridge Subdivision, FilingNo. 3, aResubdivision ofloiZs, Block 2, Town of Vail, Eagle County, depicting and locating rpecificity thereon the Lots, recorded on 2000 as Reception No.and is hereby submitted to this Declaration. G. "Assessm€nt" means any periodic or one time charge to cover the cost of any expense or charge that becomes due and owing by virtue of this Declaration. 2.Every Contract of Sale, Deed, Lease, Morfgage, Trust Deed, Will or other instrument shall legally describe a Unit or real property interest as follows: Lot 25-A and Lot 25-B (as the case may be), according to the Duplex Plat, Lion's Ridge Subdivision, Filing No 3, a Resubdivision of Lot 25, Block 2, Town of Vail, according to the plat recorded , 2000, as Reception No. _, County of Eagie, State of Colorado. Every such description shall be good and suffrcient for all purposes to sell, convey, transfer, encumber or otherwise affect the Lots and all appurtenant rights, benefits, and burdens thereto as created by the provisions of this Declaration, and each such description shall be so construed. This provision shall apply to the properties as said term (the Properties) is defined in this Declaration. 3. PROPERTY DIVISION. A. Deciarant hereby establishes this plan for the subdivision ofthe Properties into Two (2) Lots for Ownership in fee simple by the individual and separat€ Owners of Lot 25-A and Lot 25-8. B' Lot 25-A and Lot 25-B shall be subject to the easements noted on the map and those set forth herein. C. In the event Lot25-A and Lot 25-B are owned by the same entities, the doctrine of merger shall not apply. D. The parties, if more than one, having the Ownership of a Lot shall agree among themselves how to share the rights and obligations ofsuch Ownership; provided, however, that ifa corporation, partnership, association or other legal entity shall become an Owner or the parties, if more than one, have the concunenr Ownership of a Lot, then such entity or concurrent Owners shail from time to time designate one individual who shall r€present such entity or concurrent owners in all matters conceming all rights and obligatrons pursuant to this Declaration. E. Atty such entity or concurrent Owners shall give written notice to the other Owner designating the individual to act on its or their behalfand such notice shall be effective until revoked in writing iy sucir entity or Owners. Any act or omission by such designate<l individual shall be binding on the*entity or Owners having designated him in favor of the other Owner or any other person who may rely thereon. F- Each Lot shall be considered a separato parcel ofreal property and shall be separately addressed and taxed. 4. ENCROACHMENTS. If any portion of Lot 25-A or Lot 25-B now encroaches upon the other Lot as a result of the construction of any building, or if any such encroachmenl shall occur hireafter as a result of settling or shifting of any building, a valid eas€ment for the encroachment and for the maintenance of the same so long as the building stands, shall exist. In the event any buiidiag shall be partially or totally destroyed as a result of fire or other casualty or as a result of condemnation oi eminent domain proceedings and then rebuilt, encroachments ofparts of the building on the other Lot, due to such rebuilding, shall be permitted, so long as such encroachments are of no greater extent than those previousiy existing, and valid easements for such encroachments and the maintenance thereof shall exist so iong as the building shall stand. 5. PARTY WALL. A. The common wall placed equally divided on the common boundary separating Lot 25-A and Lot 25-B, the footings underlying and the portion ofroofover such wall are collectively referred to herein as the "Party Wall". B. To the extent not inconsistent with this Declaration, the general rules of law regarding party \vails and iiability for damage due to negligence, willful acts or omissions shall apply to the Party Will. C' The Owners of either Lot shall have a perpetual easement in and to that part of the other Lot on which the Party Wall is located, for party wall purposes, including mutual support, maintenance, repair and inspection' In the event of damage to or the destruction of the Party Wall from any cause, then thebwners shall atjoint expense in shares set forth in paragraph 8 below, repair or rebuild said parfy wall, and each Owner, shall have the right to the full use of said party wall so repaired and rebuilt. Notwithstanding anything contained above to the contrary, ifthe negligence, willful act or omission of any Owner, his family, ag€nt or invitee, shall cause damage to or destruction of the Party Wall, such Owner shall bear the entire cost of repair or reconstruction (to the exlent that such damage is not covered by insurance), and an Owner who by his negligent or willful act causes the Party Wall to be exposed to the elements shall bear the full cost of fumishing the necessary protection against such elements. 6. A' Each owner shalt from time to time,-at his sole cost and expense, irrigate, maintain, preserve and replace, as needed, the trees,.shrubs an<i grass located.vithin the boundaries of his Lot conmensurate with the standards set by the originai develop-er's landscaping of the Lots, and each owner shall from trme to time, at his sole cost and expense, undertake such landscaiing und g"n"."l outdoor improvements on his Lot as the owners may jointly deem necessary and proper ror ttre harilonious improvement of the Lots in a common theme' The owner of one Lot shall not unreasonably damage ths value of the other Lot by shoddy upkeep of the Lot, but both owners shall make all reasonable Jtro.t, to preserve a harmonrous common appearance of the Lots. B' Common utility or service connections or lines, common faciiities or other equipment ancl property located in or on either of the Lots but used in common with the other Lot, if any, shati ue owned 3s tenants in common of equal undivided one-half interests by the Owners of each Lot and, except for a'y expense or liability caused through the negligence or willful act of any owner, his family, agent or invitee,which shall be bome solely by such owner, ill "*penr.s and liabilities concemed with such property shail be shared in the proportions set forth in paragraph 8 bclow, The Owner of the Lot on which such propeny ts not located shall have a perpetual easement inand to that part of such other Lot containing su"h propeny as is reasonably necessary for purposes of maintenance, repair, and inspection. C' Each Owner shall be responsible for all necessary maintenance, repair, replacement and improvements, (including snow removal), of all driveway and walkway areas, including any snow melt system, located on his Lot. . D. lriothing provided in this Article 6 shall prevent the lmprovements iocated on either Lot, with the cost to be shared on Owners. Owners from jointly maintaining the an equitable basis as agreed to by the 1. A' Each Owner shall, at his sole cost and expense, provide exterior maintenance and exterior repair upon his Unit and the other improvements located on his Lot as well as the unimproved portions, of the Lot upon which his Unit is located, including, but not limited to, the exterior walls and the roof of the Unit' Such maintenance and repair shall be commensurate with the standards set by the original developer and each Owner shall undertake all maintenance and repair (including periodic painting and staining)necessary and proper for the harmonious appearance of the Lots and Uniti in a common theme. The Owner of one Lot shall not unreasonably damage ihe value of the other Lot by improper maintenance and repair of his Unit and Lot, but both owners shill make all reasonable effortsio preserve a harmonious common appearance of the Units and Lots. Nothing provided in this Article 7.A. shall prevent the Owners from jointly maintaining the improvements locatid on either Lot, with the cost to be shared on an equitable basis as agreed to by the Owners. B' Each owner shall be solely responsible for maintenance and repair of the inside of his unit including fixtures and improvements and all utility lines and equiprn"rir*ut"o therein and serving such unit oniy' In performing such maintenance and repair, or in i-prouinj ot Ji.J"g rtir unit, no owner sh-all do any act or work which impairs the structural soundness of either uniior the party wall or which interferes with any easement granted or reserved herein. C' Utility or service connections or lines, facilities or other utility equipment and property located in, on or upon either of the Lots, which are used solely to supply a service or utility to one unit shall be owned by the Owner ofthe unit using such utility or service and "ti "*p"nr", and liabilities for repair and maintenance shall be borne solely by the owner of such unit, who shaii have a perpetual easement in and to that part ofsuch other Lot or.Unit containing such property as is reasonably necessary forpurposes of maintenance, repair and inspection. D' No Owner shall make or suffer any structural or design change (including a color scheme change), either permanent or temporary and ofany type or nature whatsoever to the exterior ofhis unit or construct any additional building structure of any type or nature whatsoever upon any part of his Lot without first obtaining the prior written consent thereto from the other Owner, such consent shall not be unreasonably withheld. In case of darnage or destruction of any Unit or any part thereof by any cause whatsoever, the owner of such Unit shall cause witl due diligence the Unit to be repaired and restored,applying the proceeds ofinsurance, ifany, for that purpose. Such Unit shall be restored to a condition comparable to that prior to the damage and in a harmonious manner to promote the common theme of both Lots. 8' ALLOCATION OF EXPENSES. Costs and expenses of all activities whose cost is anticipated to be shared by both owners, except as caused by negligence of willful act of an owner, shall be allocated in the following proportions: Lot 25-A Lot 25-B 50% s0% 9. A' Except for items incurred as a common expense as provided for herein, if any Owner shall cause any material to be fumished to his Lot or Unit thereon or any labor to be performed therein or thereon, the other owner shall not under any circumstances be liable for tire payment of any expense incurred or for the value of the work done or material fumished; all such work shalibe at the expense of the owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen and other persons fumishing labor or materials to his Lot or any improvements therein or thereon; nothing herein contained shall authorize either Owner or any person dealing through, with or under either Owner to charge the Unit of the other Owner with any mechanic's lien or other iierior encumbrance whatever; and, on the contrary (and notice is hereby given) the right and power to charge any lien or encumbrance ofany kind against one owner or against one owner's Lot for work done or materials fumished to the other owner,s Lot is hereby expressly denied. B' Except as provided for below, if, because of any act or omission of any owner, any mechanic's or other lien.or order for the payment of money shall be filed against the other Owner,s Lot or any improvements therein or thereon or igainst any other owner (whether or not such lien or order is valid or enforceable as such), the owner whose act or omission forms the basis for such lien or order shall at his own cost and expense cause the same to be canceled and discharged of record or bonded ry-u ru."ry company reasonably acceptable to such other Owner, within 30 dals after the date of Iiling thereoli and further shall indemnify and save the other owner harmless from und rguirrrt any and all costs, expenses,claims, losses or damages, including reasonable attorney's fees resultini therefrom. IO. INSURANCE. A' Each Owner shall keep his unit and all fixtures therein insured against loss or damage by fire and extended,coverage perils (including vandalism and malicious mischiefl foithe maximum repiacement value thereof' Any owner may on 30 days'written notice, but not rnore frequently than once every three years, obtain a written estimate of the replacement cost ofthe Units by a hcensed conkactor, and the cost of such estimate shall be split between the Owners on a 50/50 basis. Such contractor shall be a disinterested and independent third party who is unrelated in any manner to either owner whether through joint business adventures or otherwise. B' Each owner shall provide and keep in force, for the protection of himself, general public liability and properfy daLase insurance against claims-for bodily injury or death or property damage occurring in, on or upon, his Lot owned in fee simple and the imptov"m.nts thereon, in a timit of not less than 5500,000'00 in respect of bodily injury or death to *y nu-b". ofpersons arising out of one accident or disaster, o1 for damage-t9 P1optfy, and if higher limits shatt at any tiiie be customary to protect against possible tort liability, such higher limits shall be carried. C' Each owner shall deliver to the other Owner certificates evidencing all insurance required to be carried under this paragraph, each containing agreements by the insurers not to cancel or modify the policies without giving the other owner written notici of at teast i0 days. Each owner shall have the right to insPect and copy all such insurance policies of the other owner *i."quir" evidence of the papnent of premiums thereon. D' Nothing provided in this paragraph shall prevent the Owners from jointly acquiring a single policy to cover any one or more of the hazards requiredin this paragraph to be separately insurei against by each Owner. E' All insurance policies obtained by either Owner shall expressly waive all rights of subrogation as against all other Owners and their respective families and invitees. tl A' In the event ofdamage or destruction to a unit by fire or other disaster, the insurance proceeds if sufficient to reconstruct the Unit shall be deposited into a bank account which requires, for withdrawals,the signatures ofboth the owners, or disbursed directly by the insurance carrier. The owners shall then promptiy authorize the necessary repair and reconstruction work and the insurance proceeds will be appiied bv J!: 9*ners to defray the cost thereof. "Repair and Reconstruction" of Units, as used in paragrapr, t t .e and 1 1 'B herein, means restoring the improvemenls to substantiaily the same condition in which tfrefexisted prior to the damage with each unit having the same boundaries ui b"for". B' If the insurance proceeds are insufficient to repair or reconstruct any damage to a Lot or the improvements constructed thereon, such damage or destruction shall be promptly repaired and reconstructed by the Owner using the insurance proceeds una tl. proceeds of an assissment against the Owner(s) of the damaged Lot(s)' Such assessment shall be equal to the amount by which the cost ofreconstruction oi repair exceeds the sum ofthe insurance proceeds allocable to such Parcel. Such Assessment shall be due and payable forty-five (45) days after the determination of the difference between the cost ofreconstruction and repair and insurance proceeds and all such funds shall be deposited and disbursed pursuant to p*ag*pr,11.A. C' If the owners of Lot 25-A and Lot 25-B and the holders of first mortgages or beneficiaries of first deeds of trust on Lot 25-A and Lot 25-B unanimously agree not to repair or reconstruct damage or destruction to Lot 25-A or Lot 25-B the Properly shall be roia ia the proceeds shall be divided as agreed to at the time of the agreement not to rebuild by the Owners of Lot 25-A and Lot 25-B and the holders of first mortgages and beneficiaries of first deeds of trust on Lot 25-A and Lot 25-B (the ,'Each Ownecs Share of Proceeds"). Each owner's Share of proceeds shall be disbursed as follows: 1. forpaynent oftaxes and special assessment liens in favor ofany assessing entity and customary expenses of sale; 2. 4. for payment of the balance of the lien of any first mortgage or deed of trust; for payment of any sums due under this Declaration: forpayment ofjunior liens and encumbrances in the orderofand to the extent oftheir priority and 5. the balance remaining, if any, shall be paid to the respective Owners. 12. RIGHT TO LIEN. A' If an Owner, at any time, shall neglect or refuse to perform or pay his share of any obligation required hereunder, the other Owner may, but shall not be obligaied to, aftei 30 days written notice irnless the circumstances require immediate action, make such payment or, on behalf of such other Owner, expend such sum as may be necessary to perform such obligation including, but not limited to, the payment of any insurance premiums required heieunder or the un-dertaking of aiy *o.t required hereunder for repair,restoration or maintenance, and such other owner shall have an easement in and to that part of such defaulting owner's Lot as is reasonably necessary for such repair, restoration or maintenance. B' All sums so paid or expended by an Owner, with interest thereon at the rate of l g percent per year from the date of such payment or expendiiure, shall be payable by the owner so failing to perform (the "Defaulting Owner") upon demand of the other Owner. C' All sums so demanded but unpaid by the defaulting owner shall constitute a lien on the Lot of the Defaulting owner in favor of the othei Owner prior to all other liens and encumbrances, except: (i)liens for taxes and special as_sessments; and, (ii) the lien of any nrst mortgage or frrst deed of trust of record encumbering such lot. The lien shall attach from the date whln the unpaTd sum shall become due an6 may be foreclosed in like manner as a mortgage on real property upon the recording of a notice or claim thereof executed by the Nondefaultrng Owner setting forthth" u*-o*t of the unpaid indebtedness, the name of the Defaulting owner, and a description of the Unit. In any such foreclosure the Defaulting owner shall be required to pay the costs and expenses of such proceedings, including reasonable attome-y,s fees. . ? The lien provided for herein shall be subordinate to the lien of any frst mortgage or deed of trust, including all additional advances thereon. Sale or transfer of either Lot as the result of court foreclosure ofa mortgage,^foreclosure through the public trustee, or any proceeding in lieu offoreclosure,shall extinguish the iien of such assessmenti as to payments thereof wirich becomi due prior to such sale or transfer, but shall not relieve any former owner olpersonal liability therefor. The mortgagee of zuch Lot who acquires title by way of foreclosure or the taking of a deed in lieu thereof, shall not nlJ"r"., be iiable for any past due assessment and shail only become liable for future assessments on the date it becomes the Owner or is entitled to become the Owner of such Lot. No sale or transfer shall relieve such Lot 1iom liability for any assessments thereafter becoming due or from the lien thereof. In the event of the sale or transfer of a Lot with respect to which sums shall be unpai<i by a Defaulting owner, except transfers to a first mortqagee in connection with a foreclosure qf its lien or a deed in lieu ihereof, the purchaser or other transferee ofan interest in such Lot shall bejointly and severally liable with the seljer or transferor thereof for any such unpaid sums. E Upon written request of any Owner, mortgagee, prospective mortgagee, purchaser or other prospective transferee of a Lot, the Owner of the other I-ot sirati issue a written rt#.r"t setting forth the amount he is owed under this paragraph, if any, with respect to such Unit. Such statement is biriding upon the executing Owner in favor of any person who may reiy thereon in good faith. Unless a request fo? such slatement shall be complied with within fifleen days after receipt theieof, all unpaid ,urns *hirh became due prior to the date ofmaking such request shall be subordinated to the lien or other interest ofthe person requesting such statement. 13. USE RESTzuCTIONS. A' Each unit shall be restricted to a residential dwelling as a permitted use, and conditional and accessory uses as defined by the Town of Vail Zoning Ordinance"s. B' No exterior mounted radio, shortwave, television or other type of antenna whatsoever or tank ofany kind, either elevated or buried, or clothesline or.incinerator ofany kind whatsoever or outsid.e storage of any personal property shall be permitted or maintained on either Loi without the pnor written approval of both Owners. C' No animals shall be kept or maintained in, on or upon either Unit, except that each owner may keep and maintain within his Unit domesticated animals; provided, however, that such domestrcated animals are kept under control at all times, do not present a nuisance to the other owner, and are kept controlled in strict compliance with all rown of vaii ordinances that;t apply to such animals. Parking on either Lot ofboats, trailers, campers, motor homes, ATVs or recreational vehicles is expressly prohibited, unless located within an Owner,s'garage. E' No "time sharing", "interval ownership" or similar interest, whereby ownership of a Unit is shared by owners on a time basis, shall be established on either Lot without the prior written approval of both owners and all lienors holding a first mortgage or first deed oftrust of record on any portion of Lot 25-A or Lot 25-8, which approval shall be reflected in a document of record. F' The Ownerslnderstand and agree that potential development rights may exist underpresent or future Town of Vail regulations that may permit expansion of the inits, which development righis have not been utilized to date. The owners of Lot 25-A and Lot 25-B shait be deemed to have exclusive Ownership of any rights as currently are being utilized by their ,.rp""ti,,," Lots. No exercise of any development rights not utilized to date shall be made by one owner without first obtaining the written consent of the other Owner, which consent shall not be unreasonably withheld. The other O-wner, before giving written consent, shall be entitled to review the developmeniplans and any blueprints or surveys prepared in connection wlth the development plans. The Ownir of mt zs-e shall have the exclusive nght to the use of 60Vo of the Development Rights which have not been utilized to date and 60Toof all future Development Rights allowed by the Town of Vail. The Owner of Lot 25-B shall have the exclusive nght to the use of 40% of the Developmenl Rights which have not been utilized to date and 40% of all tuture Development Rights ailowed by the Town ofVail. If either Owner exceeds his developrnent rights, without the consent of the other Owner, and because of this the other Owner is not allowed to utilize hrs fuil development rights, the excess development shall be removed by the owner thereof immediately upon the demand of the other Owner. 14' NOTICE. Each Owner shall register its mailing address with the other Owner and all notices or demands intended to be served upon Owners shall be r"it Uy certifred, registered or overnight mail,postage prepaid, addressed in the name of the Owner at such regiitered mailingiddress. In the alt-ernative,notices may be delivered if in writing, personally to Owners. 15.Each provision contained in this Declaration which is subject to the laws or rules sometimes referred to as the rule against perpetuities or the rule prohibiting unreasonable restraints on alienation shall continue and remain in fuit fo.ce and effect for the period of21 years following the death ofPatrick G. Dauphinais and SuzanneE. Dauphinais andtheirliving issue,oruntil this Declaration is terminated as hereinafter provided, whichever first occurs. All other provislons contained in this Declaration shall continue and remain in full force and effect until January l, 2030 A.D., and thereafterforsuccessiveperiods of10 years each; unless at least I yearpriorto January 1,2030A.D., orat least 1 year prior to the expiration of any such 10 year penod of extended duration, this Declaration is terminated by recorded instrument. directing termination, iigned by all Owaers and all lienors holding a first mortgage or first deed of trust of record on any portion of Lot 25-A or Lot 25-B. l6' AMENDMENT OR REVOCATION. This Declaration may be amended or revoked only upon unanimous written approval in recordable form of all Owners and all lienors holding a first mortgage or first deed of trust of record on any portion of Lot 25-A or Lot 25_B. 17' EFFECT OF PROVISIONS OF DECLARATION. EachprovisionofthisDeclaration and Agreement, promise, covenant and undertaking to comply with each provision of this Declaration, and any necessary exception or reservation or grant of title, estate, right or interest to effectuate any provision ofthis Declaration: (i) shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any portion oflot 25-A or Lot 25-B is granted, devised or conveyed, whether or not iet forth or referred to in such deed or other instrument; (ii) shall, by virtue of acceptarrce of any right, title or interest in any portion oflot 25-A or Lot 25-B by an Owner, be deemed accepted, ratified, adopted and declared as a personal covenant ofsuch Owner and, as a personal covenant, shall be binding on ,urh Owner and his heirs, personal representativ€s, successors and assigns; and shall be deemed a personal covenant to, with and for the benefit of each Owner of any portion of Lot 25-A or Lot 25-B; and (iii) shall be deemed a real covenant by Declarant, for itsel{ its successors and assigns, and also an equitable servitude, running, in each case, as a burden with and upon the title to each and every portion of Lot 25-A and Lot 25-B. 18. ENFORCEMENT AND REMEDIES. A. Court Proceedings. Each provision of this Declaration shall be enforceable by any Owner by a proceeding for a prohibitive or mandatory injunction or by a suit or action to recover damages- If court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith, including reasonable attomey fees. B. Venue of Court Actions. Each Owner hereby agrees that any and all actions in equity or at Iaw which are instituted to enforce any provision hereunder shall be brought in and only in the DistriciCourt of Eagle County, State of Colorado. C. Waiver. Failure to enforce any provision ofthis Declaration shall not operate as a waiver of any such provision, the right to enforce such provision thereafter, or of any other provision of this Declaration. 10 19' EXERCISE oF RI9HT$. Any exercise of any right granted hereunder by one owner with respect to the other owner's unit including but not limited to th-e ui of any easement granted herein shall be exercised in a manner which shall not u-nreasonably hinder, impede or impose upon such other owner,s use of his Unit. 20' SUCCESS9RS AND ASSIGNS. Except as otherwise provided herein, this Declaration shall be binding upon and shall inure to the benefit of each owner *d tn" heirs, personal representatives,successors and assigns ofeach. 2l ' SEVERABLUTY. Invalidity or unenforceability of any provisions of this Declaration in whole or in part shall not effect the validity br enforceable part ora provislon orthis Declaration. 22' CAPTIONS. The captions and headings in this instrument are for convenience only and shall not be considered in construing any provisions of this Declaration. 23' CONSTRUCTION. Whennecessary forproperconstruction, themasculineofanywordused in this Declaration shall include the feminine or neuter gena"., an<i the singular the plural and vice versa. IN WITNESS WHEREOF Decrarant has executed this Declaration this _ day of 2000. DAUPHINAIS-MOSELEY CONSTRUCTION. INC,, a Colorado Corporation ATTEST: Suzanne E. Dauphinais, Secretary STATEOFCOLORADO ) Patrick G. Dauphinais, President By: ) SS. coLNTY OF EAGLE ) Subscribed and sworn to before me this - day of ---, 2000 by patrick Dauphinais as President and Suzanne E. Dauphinais as Secretary of nuuplinars-rvrosaey Construction, Inc., a,Colorado Corporation. Witness my hand and official seal. My commission expires on: NotaryPublic II The undersigned holder ofa certain deed oftrust upon the propertlr covered by this Declaration and Parrywall Agreement, recorded on october 8, 1999 under Recepti- r.i". 7ri:zg ofthe records in the office of the Eagle county, colorado, clerk and iecorder, hereby consentr toiir" foregoing Deciaration and Partywall Agreement and subordinates its interest in the property described therein to the rights and obligations created hereby. Notwithstanding such consent and subordination, all the rights ofDeclarant in and to such property shall remain encumbered by such deed of trust. FIRSTBANK OF VAIL (sEAL) STATE OF COLORADO COLNTY OF EAGLE By: President ) ) SS. ) by The foregoing instrument was acknowledged before me this dav of President of FirstBank of Vail. Witness my hand and official seal. My Commission expires on: Notary Public 2000 72 t. TO PARTYWALL AGREEMENT AND DECLARATION OF COVENANTS. CONDITIONS AND RESERVATIONS FOR LOT 25, BLOCK 2, LION'S RIDGE SI-,tsDIVISION, FILINGNO. 3, ACCORDING TO T}IE PLAT RECORDED SEPTEMBER 10.1979IN BOOK 2gO AT PAGE7g4, COUNTY OF EACLE, STATE OF COLORADO Lien for taxes or assessments, not yet due and payable. 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 August 16, 1909, in Book 48 atPage 542. Right of way for Ditches or Canals constructed by the authority of the United States as reserved in United States Patent recorded August 16, 1909, in Book 4g atpage 542. Restrictive covenants which do not contain a forfeiture or reverter clause, but omitting restrictions,ifany, based on race, color, religion, sex, handicap, familial status, or national origin, unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 ofthe United State Code or (b) relates to handicap but does not discriminate against handicaped persons, as contained in Instrument recorded September 20,19"72,in Book 225 atPage 443 and as amended in Instrument recorded September 29,1972, in Book 225 atPage565 and aJrerecorded in Instrument recorded January 22, 1974, in Book 233 atpage 53. Utility Easement as granted to Holy Cross Electric Association, Inc., in Instrument recorded August 25,196l inBook2lI atPage 103andrecordedJune 19,lg73inBook229atpage655andrecofued July 31, 1973 in Book 230 at Page 351. Agreement befween Tayvel Environmental Land Company and Mountain States Telephone and Telegraph Company providing for Telephone Installation and Service throughout Lion's Ridge subdivision, Filing No. 2, recorded September 27, 1973 in Book 23r at page 291 . Easements, reservations and restrictions as shown or resewed on the recorded Plat of Lion s Ridee Subdivision, Filing No. 3. Terms, conditions and provisions of Trench, Conduit and Vault Agreement recorded November 16, 1994in Book 655 atPage 184. 2. J. 1 5. 7. 6. 8. 13 t o ?* $rVl+ro*s Chicago Title Insurance Company ALTA COMMITMENT Scledule A Property Address: LOT 25A, BLOCK 2, LIONS RIDGE SUBDIVISION, FILING NO. 3 1. Effective Date: Apil27,2000 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: 'ALTA" Owner's Policy 10-17-92 Proposed Insured: TERRY J. SCHMID AND JUDITH C. SCHMID Our OrdcrNo. V26n2l Cnst. Ref.: $900,000.00 3. The estate or interest in the land described or referred lo in this Commitment and covened herein ls: A Fee Simple 4. Tftle to th€ €state or lnterest covered henein ls at the effective date hermf vested in: DAUPHINAIS-MOSELEY CONSTRUCTION INC.. A COLORADO CORPORATION 5, The land referred to ln this Commitment is descrtbed as follona: LOT 25A, BLOCK 2, LION'S RIDGE SUBDIVISION, FII.JNG NO. 3, A R3SUBDIVISION OF LOT 25, BLOCKZ, LION'S RIDGE SUBDIVISION, ACCORDING TO THE PLAT RECORDED RECEPTION NO. _. NOTE: SAID LEGAL DESCRIffiON WILL CHANGE UPON COMPLIANCB WITH THE REQUIRzuENTS SET FORTH IN SCHEDULE B-SECTION I HERBIN. o I ALTA COMMITMENT ScheduleB-Sectionl @equirements) Our Order No. V269321 The folbwing are the rtquirements to be complied with: Item (a) Payment to or for the account of the gnm0ors or mortgago$ of the full coDsideration for the estate or interest to be insured. Item O) Proper instrument(s) creating the estate or interest to be insurctl must be executed and duly filed for tecord, to-wit: Itexn (c) Payment ofdl trxes, cbarges or assessments levied and assessed against the subject premises which arc due and payable. Item (d) Additional requirements, if any disclosed below: 1. RASUBDTVISION PLAT AND PARTYWALL AGREEMENT. ACCEPTABLE TO THE COMPANY. TO BE RECORDED IN EAGLE COUNTY. 2. PARTIAL RELEASE OF DEED OF TRUST DATED OCTOBER 08, 1999, FROM DAUPHINAIS-MOSELEY CONSTRUCTION INC.. A COLORADO CORPORATION TOTHE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF FIRSTBANK OF VATL TO SECURE THE SUM OF S865,000.00 RECORDED OCTOBER 20,1999, UNDER RECEPTION NO. 7T2328, DISBURSER'S NOTICE IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED OCTOBER 20, 1999, UNDER RECEPTION NO. 7 12329. 3. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 4. WARRANTY DEED FROM DAUPHINAIS-MOSELEY CONSTRUCTION INC., A COLORADO CORPORATION TO TERRY J. SCHMID AND JUDTTH C. SCHMID CONVEYING SUBJECT PROPERTY. NOTE: SAID DOCUMENT MUST BE EXECUTED BY THE PRESIDENT, VICE-PRESIDENT OR SECRETARY OF THE CORPORATION, IF AN ASSISTANT VICE-PRESIDENT OR ASSISTANT SECRETARY EXECUTES SAID DOCUMENT, A CORPORATE RESOLUTION MUST BE PROVIDED TO LAND TITLE GIVING SAID ASSISTANT AUTHORIZATION. NOTE: DELETION/MODIFICATION OF GENERAL EXCEPTIONS ARE FOR THE OWNERS POLrcY. o o ALTA COMMITMENT ScheduleB-Section2 @:rcepions)Onr Oriler No. Y269321 The policy or policies to be ls$ed will coniain exceptions to ihe following unless the same are disposed of to the satisfaction of the Company: l. Rights or clains of panies in possession not shown by the public records' 2. Easements, e1 sleims of easements, not shown by the public records. j. Discrepancies, conflics in bourdary lines, shortage in area, encroachments, aDd 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 senices, labor or rnaterial theretofore or hereafter fumished, imposed by law and not shown by the Public records. 5. Defects, liens encumbrances, adverse claims or other matters, ifany, created, first appearing in the public records or attaching zubsequent to the effective date hereof but prior to the date the prcposed insured acquires of record for value the estate or interest or mortgage thercon covered by this Comminnent' 6. Taxes or qlecial assessmenrs which are not shown as existing liens by the public records. 7 . Liens for unpaid water aDd sewer charges, if any. 8. In addition, the owrer's policy will be subject to the mortgage, if any, noted in Section t of Schedule B hereof' 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 PATBNT RECORDED AUGUST 16, 1909' IN BOOK 48 AT PAGE 542. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16' 1909, IN BOOK 48 AT PACE 542. RFSTRICfiVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTtsR CI-AUSE' BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR' RELIGION' SEX, HANDICAP, FAMIUAL STATUS OR NAfiONAL ORIGIN UNLESS AND ONLY TO THE BXrBnr rrur SAID covENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATB AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 20,INL,IN BOOK 225 AT PAGE 443 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 29,IN2IN BOOK225 AT PAGE 565 AND AS RERECORDED IN INSTRUMENT RECORDED JANUARY 22,I914IN BOOK 233 AT PAGE 53. UTILTTY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION' INC.' INC. IN INSTRUMENT RECORDED AUGUST U, 19(i1 IN BOOK 211 AT PAGE IO3 AND 9. 10. ll. 12. o o ALTA COMMITMENT ScheduleB-Section2 (Exceptiors) Our Order No' V269321 The poticy or policies to be issucd will contain exceptlons to the following unless the same are disposed of to the satisfadion of the Company: RECORDED JUNE 19, 1Yl3 IN BOOK 229 AT PAGE 655 AND RECORDED ruLY 31, 193 IN BOOK23O AT PAGE 35I. 13. AGREEMENT BETWEEN TAYVEL ENVIRONMENTAL LAND COMPANY AND MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY PROVIDING FOR TELEPHONE INSTALLATION AND SERVICE THR0UGHoUT LIoN's RIDGE sUBDIvIsIoN, FILING No, 2 RBCORDED SEPTEMBER 27, Iy/3 IN BOOK 231 AT PAGE 29I. 14. EASBMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN AND RESERVED ON TIIE RECORDED PLAT OF LION'S RIDGE SUBDIVISION, FILING NO. 3. 15, TERMS. CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECOR.DBD NOVEMBER 16,I94IN BOOK 655 AT PAGE 184. 16. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE RESUBDIVISION PI-AT RECORDED RECEPTTON NO. -.17. TERMS, CONDITIONS, AND PROVISIONS OF PARTY WALL AGREBMENT RECORDED . RECEPTION NO. o o ALTA COMMITMENT ScheduleB-Sectionl (Requirenrents) Our Order No' V269321 Continued: NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS WILL BE DELETED UPON RECEIPT OF AN APPROVED SURVEY. MATTERS DISCLOSED BY SAID SURVEY MAY BE ADDED TO SCHEDULE B-2 HEREOF. DUE TO THE PROPERTY INSURED HEREIN CONTAINING NEW CONSTRUCTION' IN ORDER FOR STANDARD H(CEPTION #4 TO BE DELETED, A SATISFACTORY LIEN AFFIDAVIT AND AGRBEMENT AND A TEMPORARY CERTIFICATE OF OCCUPANCY WILLBE REQUIRBD' NfiE: ITEM 5 OF TI{E GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE RBCORDS THE DOCUMENTS REQUIRBD UNDER SCHBDULE B-I. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITBM 6 WILL BE AMENDED TO READ: TAxEsANDAsSEssMENTsFoRTHEYEAR2000ANDSUBSEQUENTYEARS. ITEM 7 UNDER SCHEDULE B-2 WILL BE DELBTED UPON PROOF THAT THE WATER AND SEWER CHARGES ARE PAID UP TO DATE' {I o De sign Revidifi Action Form TOWN OFVAIL Project Name: Lot 25, Glacier Court Proj ect Description : New Primary/Secondary Residence Owner, Address and Phone: Pat Dauphinias, P.O. Box 1515, Vail, Colorado, 81657 476-8055 Architect/Contact, Address and Phone: Project Strcet Address: 1854 Glacier Court Legal Description: Lot 25, Block 2, Lionsridge #3 Parcel Number: 210312204025 Buildins Name: Comments: Project#: lJoard r Stall'.\ctiurr Motion by: Pierce Action: Approved Seconded by: Woldrich Vote:3-0 Conditions: Approved pre revised plans dated 6/3/99 Town Planner: George Ruther Date:613199 DRB Fee Pre-Paid: $200.00 eucstions? Cilh. Planning staff at 479-2128 APPI,ICATION I.'OR DESIGN REVIEW APPROVAL CENERAL INFORMATION lLris fiptlcatlon is for any projcct rcquiring Dcsign Rcvicrv approval. Any pro.lcct rcquiring dcsiglt rcvicw mu'st rccci'c Dcsign Rcvicw approval prior to subrnitting for a buiiding pcrrnit. For spccific infornration, scc thc subrnittal rcquircrrrcrrt.s for thc partrcullr approval that is rcqucstcd. 'l'hc afpiication carrnot bc acccptcd until all thc rcquircd inf<r..atiop is subntittc4. 't hc piojcct nray also nccd to lrc rcvicwccl by thc I'orvn Courrcil and,/or thc Plannirrg and llrrviron nrcrrtll Cornmission. Dcsign ttcvicw Board approval cxpircs onc yeal'aftcr final approval unless a building pcrmit is issucd and construclion is startctl. DESCRlprroN or; r'r'rF. RIQUI]Sr: lleuo fl,' purlt* ll. cl. D, u. LOCATION OF PROPOSAI-: LOT: PIIYSICAL ADDRESS: PAI{C]EL #: ZONINC: NAME OF OWNE,R(S): MAII-INC ADI)IIESS: 0\\/NER(S) StGN A'il.JttE(S) : (Contact Eaglc Co. Asscssors Ollicc at 970-328-tt640 for parccl l/; t: (;. gtbE P- Pilirrur,, 476- #O({ NAME OF APPLICAN'|: MAILING ADDRESS: Pl{oN[: I'YPE OF REVITIW AND FEE: B Xew Constrrrction - $200 Constnrction of a ncw building. D Addition - $50 Includcs any addition whcrc squarc footagc is addcd to any rcsidcntial or cornnrcrcial builtling. O N.linor Altcration - $20 Inoludcs nrilror ohangcs to buildings and sitc intprovcmcnts, such as, rcroofing, painting. rvindow additions' landscaping' fcnccs and rctaining walls. ctc. DRB fecs arc to bc paid at thc tirnc of submitlal. Latcr, rvhcn applying fora building pcnnit, pleasc idcntify rirc accuratc valuation of thc projcct. ThcTownof Vail will adjust thc fcc according to thc projcct valrrntion P|,EASE SUBMIT THls APPt,lCATIoN' ALL SUBMITTAL REQUIRENInNTS AND THE FEE TO THE DEPARTMENT OF COMMUNITY DEVI]I,OPMBNl.l 75 SOUTH FRONTAGE ROAD' VAIL. COI,ORADO EI657. H. TOl'i/N OF VAIL BUILDING MATERIALS: Roof Siding Othcr Wall Matcrials Fascia Soffits Windows Windorv Trirn Doors Door Trinr Fland or Dcck Rails Flucs Flash ings Chinrncys Trash Enclosurcs Grccnhouses Retaining Walls Extcrior Lighting** Othcr Vs#+- v'k h)i n+l CbvndoL ill\owr Broon 'Dqr- b\ t.goarrebtn .)arl4huc iz+<l*t't:d+olltr 9onrcbyn rfsh qfeC{t 424 -\ (t-KrJ -r;) rrn \\riunav c(,rLoR:* 4,ro-n {A,t^tr $A'^[-- t^l (,hlrtatrrrzp' n .l -b"ll'etcf ort Ftrtu' . I,r G .t)e'r. * Please specify the manufacturer's color, number and attach a small color chip ** All extcrior lighting must meet the Torvn's Lighting Ord"inance 18.54.050(J). If cxterior lighting is proposed, please indicate the number offixhres and locations on a separate lighting plan. Identify each fixture type and provide itt. l.igt t above grade, lumens output, luminous area. and attach a cut sheet of thc lighting fixhres. LIST OF PROPOSED IVIATERIALS TYPE OF MATERIAL: ?v,bf',"fi FS fe t4v l( tl,h Tl /t. 6r PROPOSED LANDSCAPING Botanical Nanrc Conrnron Nantc Quantity S izc* PROPOSED TREES AND SHRUBS:4 t uul*qfra*- EXISTINC TREES TO BE REMOVED: *Mininrunr rcquircmcnts for liurdscaping:dcciduous trccs - 2 inch caliPcr conifcrous trccs -'6 fcct in hcight shnrbs - 5 gallons Scluarc Footagc Tync GROUND COVER SOD SEED IRRIGAT]ON TYPE OR METHOD OF EROSION CONTROL OTHER LANDSCAPE rEATURES (retaining walls, fenccs. swimnrirrg pools, etc.) Pleasc spccifo. l:,diicate top and bottonr clevations of retaining walls. Maximunr height of lvalls lvithin the front sctback is 3 feet. Mar:imum height of walls elservhere on thc property is 6 feet. T'TII,ITy I,OCATION VERI IIICATION 'l'ltis forlrl is to vcrily.scrvicc nvailatrility lntl lor:ation for nov con:,^lnrction lr<l shoultl bc u.scd in cotiunctioq rvitlr prcpnring yotrr trtility plan antl schcdtrling irr.slallltions. Tlrclocltiorr nrrcl avlilabilityol'utilitic.s,rvlctlcr thcy bc rrtitin tnrrtk lirtcs or pr'oposcd lirrcs, nrust bc approvcd anrl vcliflcd lry thc follorving utilitic.s for :[c acconrpiuryirtg sitc plnn. Arrtholizctl S ign llr rrc Bitte tJ.S. Wc.st Clorrrnru n icatiorrr- I -tio0-9?-2- I 9tt7 46S-61J60 or 949-4530 Publ ic .Scrvicc Cgrtrpany 949.57U 1 Grry l-lall lloly C)ro.ss Elcclric Assoc, 949-5 ti92 Tcd l-lLrr-ky/J oltrt lloyd T.(:.1. 94 9-5510 l:loyd Sirllzar jaglc Rivcr Watcr & Sarritutiun Distlict + tl76-'74110 Frccl I'lrslcc * Plcasc bling a sitc plan. lloor plarr, and clcvatiorrs rvhcrr obtaining Uppcr Eaglc Vallcy Watcr & Srnititiorr signllurcs. Firc florv nccd.s nlu.st bc adrlrc.sscd. NOTES: flJf,.l,lr{r,s nou do{U -+A*Lf le'^'pdlt) @ lfthc trtility vcritication fornr has sigrraturcs lionr cach otthc u(ility conrpanics. and no conllllcllts arc nndc dircctly on thcJbrrn, thc Torvn rvill prcsurnc that thcrc arc no problr:lns an1| thc dcvclopnrcnt can procccd. If a trtility conlpany has cotrccnrs with tlrc proposcrl constnrction, thc utiliby rcprcscntat.vc slrall notc dircctly on the utilify vcriflcation lbnn that thcrc is a problcnt rvhich needs to bc rcsolvcd. Thc issuc shotrld then bc dctailcd irr an attachcd lcttcr to thc Town of Vail. Horvcvcr, plcasc kccp in ntind that it is thc rcspolrsibility ofthc utility conrpany and thc applicant to rcsolve idcntificd problcnrs. Thesc veril'ications do not relicvc thc contractor of thc rcsponsibility to obtain a l\rblic Way Pcrnrit fronr thc Dcpartnrent of Public Works at thc Torvn of Vail. UtilitlLlocations must be L 2. obtaincdbcforedigginginanypublicright-of-rvayorcascnrcntrvithintheTorvnofvail. A a o T DAUPHINAIS-MOSALEY CONSTRUCTION rNC. ' A COLORADO CORPORATTON Recorded date of deed in to above owner: october 02' 19BB Documentary Fee on above deed: $65'65 r LegaI DescriPtion: PARCEL A: DAUPIIINAIS-MOSELEY SUB, FILING NO. l-, AccoRDrNG TO THE PLAT RECORDED AUGUST 23, 1990 rN BOOK 535 AT PAGE 221-' COUNTY OF EAGLE' STATE OF coLoRADo' (PREVIOUSLY KNowN As LoTs 1' 2' 3' 4' 5' 6t 7' B' 9' 1o' 11' L2' 13,|4,15,16,L7,1-B,AND19LIoN'sRTDGESUBDIVISIoN,FILINGNo.3 ACCORDING'IO TIIE PLA'I'RECORDED SEPTAMBER 1.O, 1979 rN BOOK 29O AT PAGE 794') PARCtrL B: I,O'I'S 20, 2L, 22, 23, 24, 25 ANI) 26, BIjOCK 2' I.,TON'S RTDGE SUB., FILING No. 3, ACCottDING'fo'IIIE PLAi'REC9RDpD SEPTI1MBER 10, 1979 rN BooK 29o AT PAGB 794, COUNTY OF EAGL,ll, STAI]B OF COLORADO. EXCEPT FOR: LOTS l"' 3' 4' 5,2I,23AND24'DAUpIIIN^IS-MoSBLEYsUBDIvIsIoN'IIILINGNo.].,ANDPARcEt c: pARCEI-, D, A fi,ESUBDIVISION OF pARCEL D LIONSRIDGE suB' FILING NO. 3 AND TRACT C DAUPHINAIS-MOSELEY SUB, FILTNG NO. 1 ACCORDING TO TIIE PLAT RECORDED APRIL 1.4, L994 IN BOOK 637 AT PAGE 540, COUNTY OF EAGLE' STATE OF COLORADO' We find the following documents of record affecting subject property! LAND TI LE GUARANTEE OMPANY o c Representing old Republic National Title Insurance company OWNERSTIIP AND ENCI'UBRANCE REPORT Order No. OEO2253 Thls report is baeed on a s€arch made of documents affectinq the record tibte to rhe pt;;;;iy-Jescrinea hereinafter, searched by lergal deecrlption and not by the names or grantor or grantee. Consequently, the information a6 to record owner is taken from the most recent recorded Vr::sting Deed, and ih" ir,fo.mation as to existing encumbrances reflects only those docurnents of record which specificallf describe the subject property. by legaL deecription. Bncurnbiances not included are those of record r'rhich refer to the owner of the properly or any ot-n"t person having an .i-nterest therein which are filed [V h"."-onty ana clo not include the lega'L description.of the property. N; infornalion is .furnished rel-ative to ea€tenents, coven;nt;, c6nditions and restrlctions. --Charges--O&ERePort Thls Certificate is dated : Address: Record owner: $75. oo Augu6t, 30, 1994 at 8:00 A.M. PAGE oo LAND TITLE GUARANTEE COMPANY Representlng olrt Republlc National Tltle rnsurance Company OT{NERSTIIP AND ENCWBRANCE REPORT order No. 0802253 DEED OF TRUST RECORDED July 1-3, 198i IN B9OK 5O9 AT PAGE 816. ASSIGNMENT OF RENTS AND OTHER RIGHTS RECORDED JUIY 13, 1989 IN BOOK 5O9 AT PAGE 817. EXTENSfON oF.DEED oF TRUST RECORDED February 12, 1990 fN BoOK 522 AT PAGE 948, EXTENSION oF DEED of'TRUST RECoRDED August 05, 1990 IN BoOK 535 AT PAGE 63. DEED OF TRUST RECORDED August 27, 1990 rN BOOK 536 AT PAGE 382. ASSIGNMENT OF RENTS AND OTITER RTGHTS RECORDED August 27' 1990 IN BOOK 536 AT PAGE 383, EXTENSION OF DEED OT TRUST RECORDED February 20, 1991 IN BOOK 548 AT PAGE 8. EXTENSION OF DEED OF TRUST RECORDED Auguet 09, 1991 IN BOOK 559 AT PAGE 503. DEED OF TRUST RECORDED Ocbober 08, 1993 IN BOOK 621 AT'PAGE 679' ASSIGNI,IENT OF RENTS AND OTHER RIGHTS RECORDED OCIObCT 08' 1993 IN BOOK 621 AT PAGE 680. NOTICE BY DISBURSER RECORDED October 08' 1993 IN BOOK 621 AT PAGE 681' PARTTAI, RELEASE OF ASSIGNMENT OF RENTS RECORDED DECEMbET 20, 1993 IN BOOK 627 AT PAGE 874. PARTIAL RELEASE OF ASSIGNI{ENT OF RENTS RECORDED DCCCMbCT 2O' T993 IN BOOK 627 AT PAGE 875. REQUEST FOR PARTIAL RELEASE OF DEED OF TRUST RECORDED ;ranuary 28, 1994 IN BOOK 630 AT PAGE 981. REQUEST FOR PARTIAL RETEASE OF DEED Or TRUST RECORDED January 28' 1994 IN BOOK 630 AT PAGE 982. STATEI{ENT OF LrEN RECORDED May 13, Lggl rN BOOK 640 AT PAGE 272. DEED OF TRUST RECORDED May 20, ]-g94 IN BOOK 54O AT PAGE 73'l . ASSIGNMENT OF RENTS AND OTHER RIGHTS RECORDED MAY 20, L994 IN BOOK 540 AT PAGE 735. PAGE 2 LAND TITLE GUARANTEE COMPANY Representing old Republlc National Title Insurance company OWNERSHTP AND ENCI,I'|BRANCE REPORT Order No. 0802253 NOTICE BY DISBURSER RECORDED May 2O, 1994 rN BOOK 640 AT PAGE 736. Thla report does not include the reeults of any search under the namee of the property owner(s) or the ceneral Index. Should such a search be desired pleaee contact us for a separate general Index report. I-,tabllity of Land Title Guarantee Company under thls Owner and Encumbrance report is linited to the fee received. uv. Jh)v)ug'I{a'LllL' effint PAGE 3 I V- LANII TITLE [iUAIlANTEE I-: t:II'I 11 A\NY ll rs r"'r |ir s e n t i rr 1r 'f i tle I rixrlr'arrcs tl':'ttrt.&r'ri' {, l: ylIttrrrgsc,hql Tl.lANl{: Yr:ru t:rJR Y':|UR ERnER Arisust !4' t':/ElE tlrrr' rJrder': Vtt435 TTUYER! I]ALIPI'IINAI:]-NI:I:JELEY I:|]N5TF(UI::TII:IN INT-:.' A I:I]LI]RAIIO r-:llRFr:tRAT I frN EELLER! EI:II"IMERI]IAL TTENERAL :SAVINIJ:' ANN LOAN A:il]f,IATI']N AtltrRESS! rjt_IFER ANn Cr:rl"lFANY DELIVER IN VAIL RUN:] 1 AttN: I]RAN FALNATEER r::LrtBER t Attn: BAIL C:I:IP I EE: 1 f\ttrrr MINNESOIA TITLEA 5440 Ward Road Arvoda, CO 00002 420-0241 3300 So. Parker Rd', Suite 105 Aurora, CO 80014 75 | -4 336 l8l0 30lh Slreel Boulder, CO 8030 | 444- jl | 0l 200 Norlh Ridge P. O. Box 2280 Breckenritlgc, CO 80424 453-2255 5 I 2 Wilcox Caslle Rock, CO 80104 688.6363 21 2 Norlh Wahsalch Colorado Springs, CO 8O903 631-4821 LASID TTTLE CommitlnentTo Insure GUNI:IAN]'EE CCA4I?ANY lssued thrwgh the 0ffin of:Soulh Fronrage Rood P.O. Box 357 Vail, CO 8l 657 47 6-22s I 3030 S. Collega Avenue Suile 201 Forl Collinr, CO 80525 482-0915 710 Kipling Slreet tokewood, CO 80215 232-3 | | | 3609 So. Wadsworth Suilo I l5 Lakewood, cO 80235 988-8550 I l99O Granl Slreel Suile 220 Norlhglenn. co 80133 452-01 49 | 9590 East Msin Parker, CO 80134 B4l-4?OO 108 Soulh Fronlage Road W' P.O. Box 357 Vail, CO 81 657 476-2251 w.t0B P. O. Box 5440 Denver, CO 8021 7 321-1880 Sanlord Place 2 Suile 30 | 7979 Easl lulls Denver, CO 80237 779-0220 8333 Greenwood Eoulevard Denver, CO 8O221 427-9353 I 20 | Maln Avenue Durango, CO 81301 247-5860 685 | South HollY Circle Englewood, CO 801 12 770'-9596 r"An![} T'|!rn.;h GUATIANIEE MINNESOTA t,rT4\ Cturritruelrt'lir lttsure AUA Cur unitrnorrt- 1 $i0 tlcv. Tllt.[ INSUnANCE C0MPANY 0F MlNl,,l[SOtA, a Minnesota cotporation. herein cailed the Company, for a valuaIle corrsirftxalion, herclry conrmits to issue its policy or policies of title insutance, as identified in SrJrcr6kl A. irr lavrrr o[ tltr: grro;xrsrll lrsrrrr:rl narrrul in Sr;hcrhrle A. as owncr or mortgagee of the estate or irrlerest covcrcrl Scre[y irr tite ialrl descrifcrl or relerretl to in Scltedule A, upon paytnenl ol tlre_premiunrs and drarges l|erefor; all subject to thc provisions of Schedules A and B and to the Contlilions and Stipulations lxtrtxr[. Tlis Cornnrihrcnt shall be ellective only when the idr:ntity ol lhe proposed Insured and the amount or the polrr:y or policigs contmitterl for have lnen inserted in Sr;hedule A hereol $ tlre Cornpany, eitlrct al lhe time of tlru issuarrce o[ this Comtniltnent or by subscquent endorsement. . This Commiltnent is preliminary to the issuance of such policy or policies ol tille insurance and all liability and oSlrlyatrlns hercuntlci sftall r:caio anrl tennirrato six monihs alter the effective date heteof or when the policl or rxrlir;ics collrri ed ftrr shall issuc, whiclrover [irsl occttrs. ltrttvidetl tllat lha laihno lo issue srtdt politl ot policies is not the lault of the Con4rany. CONIJI] IONS ANt] SIIPUI-AIIONS L The tenn "m0rt0a0e", wlEn used herein, slrall inchrrle tleerl of trust, trust deed,0r 0ther security inslrument. 2. ll tle proposerl ins'urcrl las or acqtrires aclual knowledlle ol any dcfcct, lien, encumltrance, advetse claim or 0llter malter affectirrg (he estatc or interesl or nrortl;ogu il'.,oon rnuu,ed by this iommitrnent 0thet tltan llmse shown in Schedule B hereof' and shall lail Comfrany at incurred pursuant to paragraph 3 of these Conrlitiotls and Stipulations. 3 Lia5ility oi the Cornpany unrler this Comrnitment shall be only to the named ptoposed Insured and such paiiesinc|urledundeltlret|efinitionof|nsulet|irrthekrrmrrfpo|icyo po|irorpo|iciesco|nmittcdfo;infavrrroltheprr4xrsed.|nsuretJwhic|raroherclryincorrated$r exptessly modilied hetein. 4. Any action or actions or rights of action that the proposed Insured.may have or may bring against the. Company arising out of the status ol the title t0 the eslate or inrerest or the iratus of the mortgage thereon co'rered by this Commltment must be based on and are subiect io the provisions of this Cornmitrnenl. STANDAND F}CEPIIONS In addition to lhs mailers containsd in ths C0nditions and Stipulations irnd Exclusions from Covorago above referred to, this Committnent is also srrbject lo the following: l. Rights or clairns o[ parties in poisession n't sh'wn by the pullic records. 2. Eisernents, or claims of easetnents, n't show' try tlre public recordri. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachrnents, and any {acts which a correct survey anrl inspection of the prentises woultl tlisclose anrl which are not sh0wn by the public records'' 4. Any lien, or riglrt to a lien, lor services, labor or material theretofore or hereafler furnished. irnposed by law and noi shown bv the nubli;lclllli'rrr, encunrrrrances, adverse crairns or otrrer marrers, if any, creared, tirsr appearing in tlre public records or attaching subsetluent to the elfeclive date hereof but prior to the date the proposed insured acqulres oi iecordlor varue trre estats or intsrest ii,'ffilifl,ttfrtffl'r'dl6'r:i',ir''HliiX::'iilil'|f,$ or Minnssora has caused irs corporare name and seal to be heraunto affixed by its duly authorizerl officers on the dats shown in Schedule A, to be valid when countorsigned bv a validating oflicer or olltsr authorired signat.rv' TIrLE rNsuRANcE c'MpANy oF MTNNES0TA AStrckfunpary 400 Saond Amnus Sou th Mi/fl'eplb, Mimosols 55101 Au orir€d S(9na(ory TIM Form 25Ez -24"-{-}:7e-=- hosideoa Allesl Seaetary o ALT'A r:r:rl4f'l 1Tt{ HNT E;r:l"lEllllt-E A Appl icatiarr N,:,. V1:435 Ft r' Inf t'rnratitn CtnlY - tl:harsres - ALTA fiuner' Frrl icr $716.00 I'lll:fll With vorlr' renritt rrc€ pleaFr: ref rsr t'o Vl14itS' 1. Ef f gctive l-ratrr: Augrlst l.t.t' 1:?fiE a.t Ll: (:10 A. fl. ?. Pgl icv to br-= issuedr a[rrJ Fr't,Ft:rsL"tJ Irtsuredt "ALTA" tlNnc"r.'s Frrl icr, #6.16,5(:ltJ. Lltl Forrrr B-1?7{:l (AmenduO tqt-17*7tlt ) F'ropnsed l rrstlred l NAUFHINAIE*MflEELEY *EI{I3TRI.II:TIt]N INI:. ' A I]:I]ILI]IRANR E']FTFIIRATII]N g. Tfie estate,rr.irrterr.'st in the land ds"scribe,J r,r'r'efL'r'red tr, irr thls tl,rnrnri.tnrent arrd c'lver'ed hereirr is: A Fee '.3inrnl e 4. Title t- 'r the ertate r-, r interest covered her'rgirr ig at the el:fcchive date herenf vested irrl I:trI'IPIERI:IAL I:ENERAL 1SAVING:3 ANN LffAN ASOI:IATIT-IN 5. The land relier.r.ed tc, in thls cunrnritnrerrt is des,:ribc-d as f,:llotrrs! t-r-JT !. 11"11-1gl-lr3H ANn If'll::Lt-llrING t-nt !6' L1l c,ck 'l LIr:rN"E FtInL-iE SLIFNIVISICIN, FILINIJ N8. 3, AC:C:I:IRNING TI] THE F'LAT RET:ORT'EN :3EFTENBER 1(-r, l.p7? IN Br:il:r]r. tpo AT FAriE 7?4' r::r:r|JNTY OF EA6LE' $TATE 0F r-:OLt:rRAFfl. FAGE 1 o ALT'A I:I:I PI I'I ITMEI{T :ir::l-lFnLlLE n'- 1 (['(eqrji,r'errerrt'5) flppl icatir-,rt N']. Vt't435 The fc, I l*uirrs ar'€ the requir'€nlerr.ts tr: t'e ccrrpl irsd u'ith: 1. Paynterf t tO Of. t1r-, r. the aCC,:rJnt' ,rf t'hg grr'ant'rr'g *r' nr':'r't'gagrr-rr's t:r l: tfre f ul I cr,rrsitJer'ati,rn .Fgr. tfue estate ':'r irrt'ergst t1 be instrted. 2,. Froper.irrstrrlnrent(s) cr'€a.tins ttre esta.te 'rr inter'est to L'e insureeJ nrr.ts t l,e executed arrd dr:l'r f i led f r'r' r'et':tr'd' tr'r-ui t: :3. EVTT'ENEE $ATISFAL]TLIRY TO T'HE t::fiNFANY THAT TI-IE TEfII'1.9' fiI:INTIlTIflN''1 ANTI FRr:rViErIffNEi tlF THE TOtIN tJF VAIL TRAFIEFER TAX I-IAVE BEEN BATI!;[:IEn. 4. I^IARNANTY I]EEN FRI:IT,I I.:I:IF'IIVIERI::IAL T:ENEFAL fiAVII\|LJI] ANN LI]AN A:iI:II::IATII:IN TU IIAUFI'{INAIET-'|"lO$Et-EY f:l-rNr:iTl'1ur:TIr:rN INr:., A t:oLr:rRArrtt |:|:TFPCTRATI[rN |]CrNVEyINrS El-lg"1p6''' []fll:TFERTY. === T}-IE I]:I:ILINTY I:I-E.RI{ ANII I1EI:iI]FNEFE fiFFII:I! FEAI.IIRE,S T{ETIJRN ABITREEiEES fiN trnr:;Ul'lENTS'.!|EN'I Fl]tl llEt:0Rn1$t-'i! | FA'JE T o A l_ T A r:: r:r l'l l"l I l- I:L:l ltll-rLll.-.[: l:t -.-:;:: ( E:r:;'- g P {; i u rr sr ) I'l E t,l T Pc' I icY ot- Ft'l icies t-n lnuirrs l.trrl ess tttrg 5 a.ttrr." l::n rrrPa n 1' : Appl:i,:ati,:rr N,r. V l.'14:::15 b r:, issue,J rrr i I I c,:'rrtain c" l':c e p t i r-, rt s tc' thr-- a.r'e r:li.sp,rsr:,1 trl: trl the s a t i s f a ': t i r-' rlr i: The l:r I tlie I ls. ., !tafrrl:rr.rl []:,,:r:ept'ic,tiS l. thr'r'r.tgli $ r'rifrte,J 'lrt tftu'r:'LVgf'Sheet'' Talies antl agsessrtents r|ltt i'et du€ ':'f' Pai'aL'l rs and spr'':ial itsis€$sfiren tgr rr,:rt'r'et cer't:if ie,l t,: tJre T r'easrJr'er'' 5 r:f i:ir:€' Ant urrt'ai,l ta){c's c.r' assessnrents agai rtst 5ai d I arrd ' Liens l:c,r' rJrrpai,J ulater' ;J.lirJ seuler' ':har'stes' it an"i' .7. rTII:i},IT I:I]: F'R[F.T{IETI:IR IJF A VEIN I:IR LI:ITIE TI:I EXTIIAI::T ANTI REI"IEVE I.I IE ORE Tl{E[11.Ftir:rH:illr:rt-[-t.1 Tl.tE:::r\t"tE pp [[l-llrlll Tr:r trEhl[:TRATH r:rR INTER:jEr:T Tl-lE FREMI:1E::r A:i liL.:::t:llvl:tl Il\ l-.lNITt:fi 5I/\l-EL:: FAI'El!T li[:l:r:rR[r[:l] Arisust 1/i" 7-!ttc't' Il! Flt:tl:Jl'i 4E AT PALiE :;4 .:. 10. nItjHT t:rF tiAy [:LrR [r ITr::l'lE::i t:tF{ |::ANAI-5 t:r:lN::;1-Fil-h:TEl-1 EtY T}-lE AUTHIJRITY nF THE LtNI rEtr E;TAT[:l:; A::i REti[:riv[:tr IN LrNIT[ttr STATE:; FATENT lrEr]:r-rRtrELt Auer-rst 14'' l'.t-',c)-fl' IN Firlr:r]':: 4B a\-r I'Arlli:j4i:" 1. 1. ttES-rFiIr:TIVE: r:-:r:lvENAttTri, t'll-tIr:l-{ t-[:l l!r:r'l- r::r-lNTAIt,t A Ft]FiFEIT;1frg r:rR F{EVEF{TER t::l_AU:iE, Lit-tl't:rl'l l'fTINlil R;:E'Il'{Ir::TIfrN5, IF Al{Y, frA::;EIr r:rN IlAl'E' r--:ULnR' FELICiIT:rl!' r:rR NATIuflfit- r:rr{IE1l.l , A::r r:ul.,tTAlNE:l;r l:Fl 1.1!:i"rF{l-ll'l[:NT nEl::r:tnlJElJ:::eFtelf'L'er !{(:}' 1.':t7'}, IN ljrll|t,::;1tt5 AT;:r6r-i[ 44:.1 AN[r A:]:i Al'l[:NI-rEL] IN INfTRUI'IENT REr::l:rr{trE[l ::reFt.1n1lrL:',r'!lir'' 7..:.r7..:) t l Fl Frtr:rl,; :;:::5 /-\'l' f:.Ar-iE iili::, Al!tl A::; riE--[iEr::r:lF([tEn 1N I NSTFI-IMENT tlEt--:tJFinEn ,-rarruar'r'ij:, l't74., Jt,l llt.rr:rl,i:.-l:33 AT l-'.,Ar-iE 5::r. 12. l-ITILITY EA:;EMENT:I Tt^lENl'Y FEET IN l,'lInTH, TEN FEET r:rN EAr::Fl 5I',JE rlF ALL IN'I'EIIII-IR LI:IT LINE:] ANN A FIF EEN FI-ILIT LITILITY EA::;EI'IENT ALL]N:l ANN AETUTTINI:i tJN ALL t:XTERI,T-rtl t'LrT l.-INEri A5 FE::;EFtVliLr r:rN TllE r{EL:r:tRnEIJ FLAT FrJri LIr:rN':i RITTGE SLlBtrI V I 5I r:rN, p 11- 1p;r l,lii. :-i. 1.:]. UTILlTY [:A::;EMEN'T /\B I]RANTELI 'ID I-IL]I..Y I:RL-IE::: EI.EI:1-F"(ILl AEiI::I:II:IATII:IN' INI]' IN INS:Tr{LrHENtrrlEr::r:rRrr[:tlAl.-lr:iu::;-l':.::4,1';'/:,7INFl:rLtl':?llATPAIiEl(rtANrlREr::l:rR[rEIl ,-ll.-tNE 1..7, l.--r-/'.1 t.N l:lr:Jr:rli: ;t:t';, /\T flArft: {.:i5 /\Nrr FEr:t:tlltlEIJ .-ll-lLY =1' 1'77':r IN Fjr:rr:r}':: :::r(l AT F'AriE 351. I.4. AIJREET{ENT BETI^JEET'I -TAYVEL ENVIF{ONI'IENTAI- LANI-J I: ]IMF'ANY ANN HI]I'INTAIN :3TATE:J TELEH-iflNE ANtr TELEfiRAF.t"t r::LrMpANy FRr:rVIIrINr:i Fr:rR TELEFHL-INE IN::;TALLATILTN ANII ::titlVIl::E -fl-tRr:rl-l*l'lr-Jl-l"f L-Ir:r|.1 ':3 RInriE :::l-lllnIVI::.: I r:rl'1, ItIl-It'lri Nt-l' ': fiE|]|-RLrEtl :::EFTEt"llJ[:t1 t7, 1 1773 I ].1 ljr:rr:rl': 131 A-r PAri I :1:? I . .:l PflrlrE o /\LTA r:tll,l NITl,l EtlT €:l:lJE[rLlLE Lt--:: (EH,:eptions ) Appl i,:at'iorr Nu. V13435 I IRIN6 ANF CIT}'IEFWI::IE ;1PE5'ATING LITILITIE* SITI-IATI:LI I]TI ANTI I.IIIFET{ ::IAIIJ F'T{I:IT.ERTY IJEEI-:RIFEN IN INETRUMENT REI::I]FNED FEBRLTARY 14, Lp77 llt t3r:il-rlr: :51 AT FAriE $55. 1/j:,. EA$ENEN'I'Fr_rR /\r::r::E:i:l At'l[r ErjFE:;:-:i r:rN -r]lE Flr:rAtrW/\Y r::flNriTFl-lrlTEt' ANr' -qITl-lATEn ALI]NTi TI.IE NIIFTHEAS ERLY EII-ILINIIAT{Y I:IF S;UF.-IEC:T FFIFERTY NESC:RIFEN IN LNSTRT-|i|ENT ttEr.--:r:rtllrEf-r FEBFtI-lAltY 14, L?7'/ IN llr:illt:: :J53 AT FAL-iE F55' ,\Nn AE EiHr-Jl,lN t:rl,,| flEr::(:rlluElr frLAT FnR LIr-rl\,1 'lr:i FIFr:iE Sl.llltrIVISILrN FILII.IG Nr:r . 3. 17. I"IATTEIIS I-:IJI!1-AINET {-IR NHT:ERRET]'TIJ LIN TIIE F'LA'I |fF LII:IN'S RINISE EUFNIVISII]N FILINE hII:t. :3 RET:LIRUEII 5EF]'EI"IEER IO, I':/'7? IN BLIOP{ ??CI AT FATJE 7174' EUT NI:IT t_I1,4 I-rEt' l'r:l: A. TI,IENTY [:FUT EA$EMENT FI]R EXI'.:;TINIJ flfiAI-I ANN,5EI^IER ENERI]AI::III'IENT AI:FO:3S A FART fiF TI-IE::;I:ILI }{FT{LY FDTiTINN CIF I-Ut I, B'I OI}I 3 AEi GHI:IWN CtN TIIE PLAT. L1. ll,lEN"l'Y ]:tlr:rT t:iEHElt EA:::E:MENI Tt{Rilr-rr:il{ Lr:rT:] t/t /\NLr 15, tjLr:r|]]{ l A:]; ::;l'lDt^lN r:rN TI.IE PLAT. t::. RE:IERVATI']N I:I]IITAINE:N fiN TI.IE T,LAT hIFIEKEFY FUILNINIJ FERI'IIT:3 FI]R LOT:J 1 THRL'lLrr:iH ?7, BLr:[::|.:2 WILL Nr:rT ErE I5E:LlEn LINTIL LC|TS 2'.8, BLO':1.: ? I:3 I'EE|Il::ATEt' T'l TtlE T':rl^lN r:rl: VAIL. tB. TEFIMF, r:FNtTITITJNE AFILI F'RrJVI.5I[NE LrF ANNEXATIT]N AT]FEEMENT FEr:DRnEtr N{rvenrber' OI, I?85 IN BIJLII{ 4IE! AT F'A']E ?34 ANN IN BIJCII':4iIB AT F'AI]E 937' 1?. EAEEMENTS, FE'.JERVATII]NS ANLI IIE:JTRII::TIUNE AS EiI-II:IWN ANEI IIESERVEN I:IN TI-IE IlEtrfiRtrEF F,LAT OF LIr:rN"S RIn6E SUBETIVISIT:|N, FILINL] Nr:r.3. , t.l t' "1 FAIiE 4