The URL can be used to link to this page

Home My WebLink AboutPEC100014Planning and Environmental Comm'isson ACTION FIRM Tool 0<A%JJH11 E 'VELC)PMF_ H T Depa i'tment of Community nit Development 75 SouLh Frontage Road r Vail r Colorado 81657 tel: 970.479 .,2139 fax,: 970.479.242 web: www.vailgov.com Project Name: MINI GOLF CUP Project Description: Participants: PEC Number: PEC100014 INSTALL MINIATURE GOLF COURSE IN CHILDREN'S SKI YARD (ADJACENT TO CHAIR 8) OWNER VAIL CORP 03/19/2010 IN CARE OF SAMANTHA JONES 390 INTERLOCKEN CRESCENT STE 1000 BROOMFIELD CO 80021 APPLICANT VAIL CORP 03/19/2010 IN CARE OF SAMANTHA JONES 390 INTERLOCKEN CRESCENT STE 1000 BROOMFIELD CO 80021 Project Address: 560 E LIONSHEAD CR VAIL Location: MINI GOLF COURSE, CHAIR 8 Legal Description: Lot: 2 Block: Subdivision: LIONSHEAD 6TH Parcel Number: 2101 - 072 - 2000 -1 Comments: see conditions BOARD /STAFF ACTION Motion By: Viele Second By: Kurz Vote: 5 -0 -1 Conditions: Action: APPROVED Date of Approval: 04/14/2010 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and /or the appropriate review committee(s). Cond:300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0011377 1. The applicant shall install all fully cut -off light fixtures less than 18 inches above grade. Lights shall be turned off when the miniature golf course is closed. 2. The applicant shall install wildlife resistant trash containers on site to match existing trash containers in the vicinity, or shall remove all trash daily in compliance with the Vail Town Code. 3. The applicant shall, if deemed necessary by the Town after a joint site visit once the snow is melted, relocate/ reg rade the east end of the Gore Valley Trail within this project area to provide the safest reasonable configuration to accommodate site distance and provide a reasonable grade for the bike path in this area. 4. The applicant may make minor changes to the layout of the golf course holes and shall submit an as -built plan to the Town of Vail prior to final inspections. Should Town Staff deem the changes to be significant, the Applicant shall submit a changes to approved plans application for review. 5. The applicant shall install sig nage along the pedestrian path crossings per the Town of Vail's sign program for the Gore Valley Trail. Signage on Gore Valley Trail shall be considered "Government signs, including directional signs, to control traffic or for other regulatory purposes" and shall be exempt from the review process. The applicant shall submit a design review application for all other signage on site, including any Business ID signs. 6. The applicant shall install fencing along the Gore Valley Trail a minimum of two (2) feet from the edge of asphalt and shall maintain said fencing during the summer months each year that the miniature golf course is operational. 7. The applicant shall paint crosswalks on the Gore Valley Trail at each crossing within the Miniature Golf Course. 8. The applicant shall submit a weed management plan and gain approval of this plan by Town Staff prior to construction. The approved plan shall be implemented during construction to remove and /or control all noxious and invasive plants. 9. No additional amplified sound shall be permitted to be installed on -site and any noise associated with this project shall not exceed maximum noise levels as outlined in the Vail Town Code. 10. The applicant shall install 4 rail split rail fencing along the Gore Valley Trail. 11. The applicant shall refinish /paint /upgrade the existing split rail fencing to match new quality of newly installed fencing. 12. This approval of a conditional use permit shall expire on October 15, 2013. Planner: RACHEL FRIEDE PEC Fee Paid: $650.00 k Conditional Use Permit z Application for review by the MAR 19 2010 Planning and Environmental Commiss General Information: A conditional use permit is required for any use classified as "condi WXffJJVS& ?1f zone districts. Uses listed as conditional uses are subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to other uses or properties. The proposed project may also require other permits or applications and /or review by the Design Review Board and /or Town Council. All PEC approvals shall lapse if con- struction is not commenced within two years of the date of approval and diligently pursued to completion, or if the use for which the approval is granted is not commenced within two years. Fee: $650 Description of the Request v15c w► w+•a►tu -a 4*04 -F' Casv - Oc EA"i -r off' Tit-i Physical Address• ' O IR ' .o - t t --2.o— ooh Parcel Number: Z o - c -" s - I OL - ° cz 3 (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Property Owner: Mailing Address: 7C> !8-0* Phone: ct - - T5 -t - 25 Owner's Signature: Primary Contact / Owner Representative Mailing Address: To 'elo* Z V c Co `) t 4 5 Ib A-c-r" '. \I Z°t Phone: ck 0 - - Z , 5 -i - c.c q E- Mail: J`sn,r�s_ oc� Fax: �c-to - ms's "�— `' W For Office Use Only: Cash CC: AsaX MC Last 4 CC Check # Fee Paid: 16 CO Received From: [dt0\ Meeting Date: PEC No.: Planner: Project No: Zoning: Land Use: Location of the Proposal: Lot:_ Block: Subdivision: L �D 01 -Jan-10 TOWN OF VAIL, COLORADO Statement ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Statement Number: R100000222 Amount: $650.00 03/19/201003:28 PM Payment Method:Credit Crd Init: JLE Notation: JEFFREY BABB ----------------------------------------------------------------------------- Permit No: PEC100014 Type: PEC - Conditional Use Parcel No: 2101 - 072 - 2000 -1 Site Address: 560 E LIONSHEAD CR VAIL Location: MINI GOLF COURSE, CHAIR 8 Total Fees: $650.00 This Payment: $650.00 Total ALL Pmts: $650.00 Balance: $0.00 ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- ------------------------ - - - - -- ------ - - - - -- PV 00100003112500 PEC APPLICATION FEES 650.00 t *M1 THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12 -3 -6, Vail Town Code, on April 12, 2010, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. (PEC100010) Applicant: Pete Knobel, represented by Mauriello Planning Group Planner: Bill Gibson A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Townhouse and Row House District (TRH) District, and setting forth details in regard thereto. (PEC100011) Applicant: Chris Galvin, represented by K.H. Webb Arch itects/Mauriel lo Planning Group Planner: Bill Gibson A request for a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 15, Bishop Park, pursuant to Article 12- 9A, Special Development District, Vail Town Code, to allow for an increase in site coverage, a reduction of the rear setback, and a reduction in landscaping, located at 63 Willow Place /Lot 2, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC100012) Applicant: Douglas and Dhuanne Tansill, represented by K.H. Webb Architects Planner: Rachel Friede A request for the review of a conditional use permit, pursuant to Section 12 -71-1-5, Conditional Uses; Generally (On All Levels Or Outside Of A Building), Vail Town Code, for private outdoor recreation facilities, as a primary use, in the Lionshead Mixed Use 1 District, to allow for a miniature golf course located at 560 East Lionshead Circle /Lot 2, Vail Lionshead 6"' Filing, and setting forth details in regard thereto. (PEC100014) e Applicant: Vail Resorts, Inc., represented by Jeff Babb Planner: Rachel Friede The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970 -479 -2138 for additional information. Like nothing on earth: ADJACENT PROPERTY OWNERS LIST Name: Parcel #: Legal Summary: Address: Section 7 Township: 5 range: Town of Vail 2101 - 071 -00 -003 80PCLIN W1/2NE1/4 BK -0165 75 S Frontage Rd., Vail, CO 81657 BLDG A PK SP16 Subdivision: Treetops Condominium TREETOPS CONDO Unit: 2A BK- Association 2101 - 064 -04 -003 0226 450 East Lionshead Circle, Vail, CO 81657 Vail Lionshead Centre Subdivision: VAIL LIONSHEAD Condominium CENTRE CONDO Unit: 209 BK- Association 2101 - 071 -03 -010 0306 PG -0927 520 East Lionshead Circle, Vail, CO 81657 Subdivision: LION SQUARE Lion Square Lodge .2101-072-01-008 CONDO Unit: 8 BK -0221 PG -0176 660 West Lionshead Place, Vail, CO 81657 Lion Square Lodge DESC: PHASE II Subdivision: Condominium LION SQUARE CONDO Unit 2 BK- Association 2101 - 072 -02 -002 0248 PG0890 660 West Lionshead Place, Vail, CO 81657 DESC: LOT 1 Subdivision: VAIL Arrabelle @ Vail Square 2101 - 063 -26 -001 SQUARE 675 West Lionshead Place, Vail, CO 81657 Post Office Box 7 • Vail, Colorado 81658 • 970- 754 -2500 • www.vaii.com I od� %( MAR 19 2010 Chicago Title Insurance Company ALTA COMMITMENT Schedule A TOWN OF VAIL Our Order No. VC273511.19 -9 Cust. Ref.: Property Address: GONDOLA AREA, NORTH DAY LOT, STREAM TRACT AND LIONSHEAD CORE {CONDEMNATION) VAIL, CO 81657 1. Effective Date: Iuly 21.2005 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 10 -17 -92 Proposed Insured: PARCEL A: THE VAIL CORPORATION, A COLORADO CORPORATION PARCEL B: THE VAIL CORPORATION, A COLORADO CORPORATION PARCEL C: THE VAIL CORPORATION, A COLORADO CORPORATION AND THE TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION AS THEIR INTERESTS MAY APPEAR PARCEL D: THE VAIL CORPORATION, A COLORADO CORPORATION PARCEL E: THE VAIL CORPORATION, A COLORADO CORPORATION AND THE TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION. AS THEIR INTERESTS MAY APPEAR PARCEL F: THE VAIL CORPORATION, A COLORADO CORPORATION PARCEL G: THE TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION NOTWITHSTANDING THAT THIS COMMITMENT IS OTHERWISE AN INFORMATION BINDER, THE PROPOSED INSURED NAMED ABOVE AND ALSO VAIL RESORTS DEVELOPMENT COMPANY AND ITS CORPORATION AFFILLIATES, MAY RELY UPON THIS COMMITMENT AS AN ACCURATE AND COMPLETE LISTING OF ANY RECORDED MINERAL ESTATES. AND MINERAL ESTATE OWNERS, AFFECTING THE LAND DESCRIBED HEREIN FOR PURPOSES OF C.R.S. 24- 65.5 - 104 (2) 3. The estate or Interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: SEE ATTACHED 5. The land referred to In this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No. VC273511.19 -9 4. Title to the estate or interest covered herein is at the effective date hereof vested in: PARCEL A: THE VAIL CORPORATION, A COLORADO CORPORATION PARCEL B: THE VAIL CORPORATION, A COLORADO CORPORATION PARCEL C: THE VAIL CORPORATION, A COLORADO CORPORATION AND THE TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION AS THEIR INTERESTS MAY APPEAR PARCEL D: THE VAIL CORPORATION, A COLORADO CORPORATION PARCEL E: THE VAIL CORPORATION, A COLORADO CORPORATION AND THE TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION. AS THEIR INTERESTS MAY APPEAR PARCEL F: THE VAIL CORPORATION, A COLORADO CORPORATION PARCEL G: THE TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION NOTWITHSTANDING THAT THIS COMMITMENT IS OTHERWISE AN INFORMATION BINDER, THE PROPOSED INSURED NAMED ABOVE AND ALSO VAIL RESORTS DEVELOPMENT COMPANY AND ITS CORPORATION AFFILLIATES, MAY RELY UPON THIS COMMITMENT AS AN ACCURATE AND COMPLETE LISTING OF ANY RECORDED MINERAL ESTATES, AND MINERAL ESTATE OWNERS, AFFECTING THE LAND DESCRIBED HEREIN FOR PURPOSES OF C.R.S. 24 =65.5- 104 (2) s o F Our Order No: VC273511.19 -9 LEGAL DESCRIPTION PARCEL A: LOT 4 BLOCK 1, VAIL/LIONSHEAD FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL B: TRACT D, VAIL/IJONSHEAD FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL C: TRACT C, VAIL/LIONSHEAD FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL D: TRACTS G AND H. VAIL/LIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL E: TRACT C, VAIL/LIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. EXCEPT THAT PORTION OF SAID TRACT C INCLUDED WMETTHIN CONCERT HALL PLAZA CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP RECORDED IN BOOK 286 AT PAGE 698, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL F. LOT 2, BLOCK 1, VAIL/LIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL G: TRACT A, VAIL/LIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VC273511.19 -9 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, If any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. Liens for unpaid tivater and sewer charges, if any. 8. In addition, the owner's policy will be subject to the mortgage, it' any, noted in Section 1 of Schedule B hereof. 9. 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 MAY 24, 1904, IN BOOK 48 AT PAGE 503 AND IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 10, RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24,19D4. IN BOOK 48 AT PAGE 503 AND RECORDED SEPTEMBER 4, 1923 IN BOOK 93 AT PAGE 98 AND JULY 13, 1939 IN BOOK 123 AT PAGE 617. (THE ABOVE ITEMS AFFECT ALL PARCELS) 11. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED MAY 18, 1970, IN BOOK 217 AT PAGE 675 AND AS AMENDED IN INSTRUMENT RECORDED JULY 30, 1970, IN BOOK 218 AT PAGE 334 AND AS AMENDED IN INSTRUMENT RECORDED OCTOBER 15, 1970, IN BOOK 218 AT PAGE 899. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VC273511.19 -9 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (THE ABOVE ITEM AFFECTS ALL PARCELS) 12. UTILITY EASEMENT 25 FEET IN WIDTH ALONG THE WEST LOT LINE OF SUBJECT PROPERTY AS SHOWN ON THE RECORDED PLAT OF VAIULIONSHEAD FIRST FILING. (THE ABOVE ITEM AFFECTS PARCELS A AND C)' 13: EASEMENT AS CONTAINED IN DEED RECORDED NOVEMBER 12, 1971 IN BOOK 222 AT PAGE 258. (THE ABOVE ITEM AFFECTS PARCEL C) 14. RESERVATION AND RESTRICTIONS AS CONTAINED IN AGREEMENT RECORDED AUGUST 16, 1991 W BOOK 560 AT PAGE 180. (THE ABOVE TEEM AFFECTS THAT PORTION OF PARCEL C CONVEYED TO THE TOWN OF VAIL) 15. TERMS, CONDITIONS AND PROVISIONS OF QUIT CLAIM DEED RECORDED OCTOBER 07, 1988 IN BOOK 492 AT PAGE 636, VAIL ASSOCIATES, INC. IS THE LESSOR ON SAID DOCUMENT. (THE ABOVE ITEM AFFECTS PARCEL A) 16. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE. COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 15, 1971, IN BOOK 221 AT PAGE 991 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 12, 1977, IN BOOK 258 AT PAGE 453. (THE ABOVE ITEM AFFECTS PARCELS D, F AND G) I7. UTILITY AND DRAINAGE EASEMENTS AFFECTING SUBJECT PROPERTY AS SHOWN.ON THE RECORDED PLATS OF VAILILIONSHEAD, FIRST FILING AND VAIUI.IONSHEAD, THIRD ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VC273511.19 -9 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: FILING. (THE ABOVE ITEM AFFECTS PARCELS C AND E) 18. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED AUGUST 25, 1972 IN BOOK 225 AT PAGE 183. (THE ABOVE ITEM AFFECTS PARCELS A, D, E AND F) 19. UTILITY AND DRAINAGE EASEMENT AFFECTING SAID TRACT AS SHOWN ON THE RECORDED PLAT OF VAIULIONSHEAD, THIRD FILING. (THE ABOVE ITEM AFFECTS PARCELS D, E AND G) 20. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED AUGUST 29, 1996 IN BOOK 703 AT PAGE 954. (THE ABOVE ITEM AFFECTS PARCEL B) 21. TERMS; CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED MARCH 23, 2001 AT RECEPTION NO. 752849. (THE ABOVE ITEM AFFECTS PARCELS A, B AND C) 22. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED MARCH 02, 2001, UNDER RECEPTION NO. 750938. (THE ABOVE ITEM AFFECTS PARCELS A, B AND C) TERMS. CONDITIONS AND PROVISIONS OF COMMERCIAL LEASE BETWEEN SUNBIRD OF I VAIL, INC. AND CAN -AM OF COLORADO, INC. RECORDED MARCH 02, 1988 IN BOOK 479 AT PAGE 784. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VC273511.19 -9 The policy or policies to be Issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company; 24.) TERMS, CONDITIONS AND PROVISIONS OF LEASE WITH AUTOMATIC LAUNDRY COMPANY, -Y LTD. RECORDED NOVEMBER 18, 1998 AT RECEPTION NO. 676693. 25. EXISTING LEASES AND TENANCIES. (THE ABOVE ITEMS AFFECT PARCEL F) 26, TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED OCTOBER 01, 2004 AT RECEPTION NO. 893086. 27. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT PREMITTING ENCROACHMENTS RECORDED OCTOBER 3, 2003 AT RECEPTION NO. 862694 AND ENCROACHMENT AGREEMENT RECORDED JUNE 01. 2005 AT RECEPTION NO. 917760. 28. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED JUNE 01, 2005 AT RECEPTION. NO. 917762. (THE ABOVE ITEMS AFFECT PARCEL C) 29. (ITEM INTENTIONALLY DELETED) 30. (ITEM INTENTIONALLY DELETED) 31. (ITEM INTENTIONALLY D ELETED 32, TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY ACCESS EASEMENT RECORDED DECEMBER 18, 2000 AT RECEPTION NO. 746397. (THE ABOVE ITEM AFFECTS PARCEL G) 33. TERMS. CONDITIONS AND PROVISIONS OF RESTRICTIVE COVENANT RECORDED JUNE 01, 2005 AT RECEPTION NO. 917761. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VC273511.19 -9 The policy or policies to he issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (THE ABOVE ITEM AFFECTS PARCEL Cl. 34. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED JUNE 22, 2004 AT RECEPTION 140.881473. (THE ABOVE TEEM AFFECTS PARCELS B AND C) 35. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 05. 1978 IN BOOK 279 AT PAGE 340. (THE ABOVE ITEM AFFECTS PARCELS A, $ AND C) 36. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED FEBRUARY 21, 1984 IN BOOK 378 AT PAGE 915. (THE ABOVE ITEM AFFECTS PARCEL D) Account Account: R058105 Location Orr.�l�rtin Parcel Number 2101- 072 -20 -001 Owner Name VAIL CORP Tax Area SC202 - VAIL (TOWN) & In Care Of Flame SAMANTHA JONES LIONSHEAD TIF - SC202 Owner Address 3901NTERLOCKEN Situs Address 560 E LIONSHEAD CIR CRESCENT STE 1000 Legal Summary Subdivision: LIONSHEAD BROOMFIELD, CO 80021 SIXTH FILING Lot: 2R937664 MAP 11 -21 -05 R937666 QCD 11- 10-05 8200733761 EAS 12 -31 -07 R200812308 DEC 06 -12 -08 R200912309 DEC 06 -12 -08 Transfers No Transfer Documents Images • I_jww • Dj'3 Page 1 of 1 AjunmcW IUsbory Actual (2009) $6,220 Primary Taxable $1,800 'Tax Area: SC202 Mill . Levy: 44.2270 Type Actual Assessed Acres Land $6,220 $1,800 1.777 http: // property .eaglecounty.uslassessorltaxweb /account jsp ?accountNum - 03/08/2010 A L T A C O M M I T M E N T SCHEDULE A Our Order No. V19465 -5 For Information Only - Charges - Alta Lender Policy FEDERAL EXP INCOME - VAIL Tax Report CLASS 3 PROP. RESEARCH CLASS 4 PROP. RESEARCH - - TOTAL - $43,649.00 $90.00 $1,245.00 $1,500.00 $3,000.00 $49,484.00 * ** *WITH YOUR REMITTANCE PLEASE REFER TO OUR ORDER NO. V19465- 5. * * ** 1. Effective Date: September 22, 1992 at 8:00 A.M. 2. Policy to be issued, and proposed Insured: "ALTA" Loan Policy $74,200,000.00 1987 Revision (Amended 1990) Proposed Insured: CREDIT LYONNAIS, NEW YORK BRANCH, AS TRUSTEE 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: THAT INTEREST IN SUBJECT PROPERTY RESERVED FOR EASEMENTS FOR PEDESTRIAN BRIDGES, SKI LIFTS AND SKIER CROSSINGS AND THE RIGHT TO CONSTRUCT, REPAIR, MAINTAIN AND OPERATE SKI LIFTS AS DESCRIBED IN PROTECTIVE COVENANTS RECORDED MAY 18, 1970 IN BOOK 217 AT PAGE 675 (AS TO PARCEL 38), THAT INTEREST IN SUBJECT PROPERTY RESERVED FOR EASEMENTS FOR PEDESTRIAN BRIDGES, SKI LIFTS AND SKIER CROSSINGS AND THE RIGHT TO CONSTRUCT, REPAIR, MAINTAIN AND OPERATE SKI LIFTS AS DESCRIBED IN PROTECTIVE COVENANTS RECORDED OCTOBER 15, 1971 IN BOOK 221 AT PAGE 989 (AS TO PARCEL 39), THAT INTEREST IN SUBJECT PROPERTY RESERVED FOR EASEMENTS FOR PEDESTRIAN BRIDGES, SKI LIFTS_AND SKIER CROSSINGS AND THE RIGHT TO CONSTRUCT, REPAIR, MAINTAIN AND OPERATE SKI LIFTS AS DESCRIBED IN PROTECTIVE COVENANTS RECORDED OCTOBER 15, 1971 IN BOOK 221 AT PAGE 991 (AS TO PARCEL 40), AN EASEMENT (AS TO PARCEL 44) A FEE SIMPLE (AS TO THE REMAINDER). PAGE 1 A L T A C O M M I T M E N T SCHEDULE A Our Order No. V19465 -5 4. Title to the estate or interest covered herein is at the effective date hereof vested in: BEAVER CREEK ASSOCIATES, INC., A COLORADO CORPORATION (AS TO PARCELS 15, 18, 20 AND 22) BEAVER CREEK HOTEL COMPANY, INC., A COLORADO CORPORATION (AS TO UNITS M -14 AND M -17 PARCEL.33), AND VAIL ASSOCIATES, INC., A COLORADO CORPORATION (AS TO THE REMAINDER) S. The land referred to in this Commitment is described as follows: PARCEL 1: TRACT E, VAIL VILLAGE, FIFTH FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. (CHAIR 16) PARCEL 2: PARCEL 1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT PARCEL; ACCORDING TO THE PLAT RECORDED JANUARY 15, 1987 IN BOOK 455 AT PAGE 934, COUNTY OF EAGLE, STATE OF COLORADO. EXCEPTING THEREFROM, THE EXISTING LEASE PARCEL DESCRIBED AS FOLLOWS: A PART OF TRACT F AND A PART OF GORE CREEK ROAD CUL -DE -SAC VAIL VILLAGE FIFTH FILING, COUNTY OF EAGLE, . STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF TRACT F, SAID POINT BEING ALSO THE NORTHWESTERLY CORNER OF LOT 19, BLOCK 1, VAIL VILLAGE FIRST FILING; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID TRACT F AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 161.92 FEET, A CENTRAL ANGLE OF 28 DEGREES 43 MINUTES 00 SECONDS, AN ARC DISTANCE OF 81.15 FEET TO A POINT OF REVERSE CURVE; THENCE ALONG SAID NORTHWESTERLY LINE AND ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 166.05 FEET, A CENTRAL ANGLE OF 03 DEGREES 11 MINUTES 13 SECONDS, AN ARC DISTANCE OF 9.24 FEET TO A POINT OF TANGENT; THENCE ALONG SAID NORTHWESTERLY LINE AND ALONG SAID TANGENT NORTH 44 DEGREES 58 MINUTES 13 SECONDS EAST, 84.80 FEET TO A POINT OF CURVE; THENCE ALONG SAID NORTHWESTERLY LINE AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 80 DEGREES 36 MINUTES 13 SECONDS, AN ARC DISTANCE OF,28.14 FEET TO A POINT OF REVERSE CURV8; THENCE ALONG THE NORTHERLY LINE OF SAID TRACT F AND ALONG A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 30 DEGREES 41 PAGE 2 A L T A C O M M I T M E N T l SCHEDULE A Our Order No. V19465 -5 TRACT A, VAIL VILLAGE, SIXTH FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. (BWANA SKIER RUNOUT) PARCEL 37: LOT 4, BLOCK 1, TRACT A, SIXTH AMENDMENT TO THE FIRST FILING AND SEVENTH AMENDMENT TO THE FIFTH FILING, BEAVER CREEK SUBDIVISION, ACCORDING TO THE PLAT RECORDED APRIL 4, 1988 IN BOOK 481 AT PAGE 618, COUNTY OF EAGLE, STATE OF COLORADO. (CHAIR 12 MAZE) PARCEL 38: THAT PORTION OF-TRACT B, VAIL /LIONSHEAO, FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF; COUNTY OF EAGLE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID TRACT B, SAID POINT ALSO BEING THE NORTHEAST CORNER OF TRACT D, SAID VAIL /LIONSHEAD, FIRST FILING; THENCE THE FOLLOWING FOUR COURSES ALONG THE NORTHERLY LINE OF SAID TRACT B! (1) S 28 DEGREES 12 MINUTES 50 SECONDS W 128.90 FEET; (2) S 64 DEGREES 06 MINUTES 05 SECONDS W 401.79 FEET; (3) S 04 DEGREES 35 MINUTES 58 SECONDS E 7.50 FEET; (4) S 39 DEGREES 39 MINUTES 00 SECONDS W 77.99 FEET; THENCE, DEPARTING SAID NORTHERLY LINE, S 04 DEGREES 35 MINUTES 58 SECONDS E 73.88 FEET, TO THE SOUTHERLY LINE OF SAID TRACT B; THENCE THE FOLLOWING SIX COURSES ALONG SAID SOUTHERLY LINE: (1) N 46 DEGREES 22 MINUTES 30 SECONDS E 211.67 FEET; (2) N 83 DEGREES 35 MINUTES 00 SECONDS E 59.50 FEET; (3) S 78 DEGREES 13 MINUTES 30 SECONDS E 158.00 FEET; (4) N 54 DEGREES 34 MINUTES 00 SECONDS E 89.00 FEET; (5) N 11 DEGREES 02 MINUTES 30 SECONDS E 153.50 FEET; (6) N 17 DEGREES 10 MINUTES 30 SECONDS E 100.50 FEET; THENCE DEPARTING SAID SOUTHERLY'LINE, N 70 DEGREES 45 MINUTES 17 SECONDS W 34.95 FEET, TO THE POINT OF BEGINNING. (SKIER BRIDGE) PARCEL 39: THAT PORTION OF TRACT B, VAIL /LIONSHEAD, SECOND FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT B; THENCE THE FOLLOWING FOUR COURSES ALONG THE SOUTHERLY LINE OF SAID TRACT B; (1) N 63 DEGREES 24 MINUTES 00 SECONDS E 245.00 FEET; (2) N 82 DEGREES 24 MINUTES 00 SECONDS E 148.00 FEET; (3) N 54 DEGREES 34 MINUTES 00 SECONDS E 72.00 FEET; (4) N it DEGREES 34 MINUTES 00 SECONDS E 252.00 FEET; THENCE, DEPARTING SAID SOUTHERLY LINE, N 47 DEGREES 32 MINUTES 30 SECONDS W 45.18 FEET, TO THE NORTHERLY LINE OF SAID TRACT B; THENCE THE FOLLOWING SIX COURSES ALONG SAID NORTHERLY LINE; (1) S 17 DEGREES 10 MINUTES 30 SECONDS W 100.50 FEET; (2) S 11 DEGREES 02 MINUTES 30 SECONDS W 153.50 FEET; (3) S 54 DEGREES 34 MINUTES 00 SECONDS W 89.00 FEET; (4) N 78 DEGREES 13 MINUTES 30 SECONDS W 158.00 FEET; (5) S 83 DEGREES 35 MINUTES 00 SECONDS W 59.50 FEET; (6) S 46 DEGREES 22 MINUTES 30 SECONDS W 141.60 FEET TO THE NORTHWEST CORNER OF SAID TRACT B; THENCE S 04 DEGREES 35 MINUTES 58 SECONDS E 78.27 FEET, ALONG THE WEST LINE OF SAID TRACT B, TO THE POINT OF BEGINNING. (SKIER BRIDGE) PAGE 11 A L T A C O M M I T M E N T SCHEDULE B -2 (Exceptions) Our Order No. V19465 -5 262.THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, AS CONTAINED IN INSTRUMENT RECORDED June 07, 1990, IN BOOK 531 AT PAGE 35 AND FIRST AMENDMENT THERETO RECORDED OCTOBER 25, 1990 IN BOOK 540 AT PAGE AND SECOND AMENDMENT THERETO RECORDED JANUARY 10, 1991 IN BOOK 545 AT PAGE 474 AND THIRD AMENDMENT THERETO RECORDED MARCH 20, 1991 IN BOOK 549 AT PAGE 705. 263-EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE CONDOMINIUM MAP OF ST. JAMES PLACE, A CONDOMINIUM RECORDED FEBRUARY 5, 1991 IN BOOK 547 AT PAGE 242 AND SUPPLEMENT THERETO RECORDED MARCH 28, 1991 IN BOOK 550 AT PAGE 543. 264-EASEMENT AS GRANTED TO HOLY CROSS'ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED JANUARY 10, 1991 IN BOOK 545 AT PAGE 491. _ (ITEMS 253 THROUGH 264 AFFECT PARCEL 35) 265.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 September 04, 1923, IN BOOK 93 AT PAGE 98. 266.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED September 04, 1923, IN BOOK 93 AT PAGE 98. 267.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER.., CLAUSE, BUT OMITTING RESTRICTIONS, IF'ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED June 05, 1964, IN BOOK 183 AT PAGE 1 AND AS AMENDED IN INSTRUMENT RECORDED July 14, 1964, IN BOOK 183 AT PAGE 141. 268-EASEMENTS, RESERVATIONS AND RESTRICTION AS SHOWN OR RESERVED ON THE RECORDED PLAT OF VAIL VILLAGE, SIXTH FILING. i 269.UTILITY EASEMENT AS GRANTED TO VAIL WATER AND SANITATION DISTRICT IN INSTRUMENT RECORDED August 15, 1966, IN BOOK 197 AT PAGE 461. (ITEMS 265 THROUGH 269 AFFECT PARCEL 36) 270.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 May 24, 1904, IN BOOK 48 AT PAGE 503 AND IN UNITED STATES PATENT RECORDED September 04, 1923, IN BOOK 93 AT PAGE 98. PAGE 43 A L T A C O M M I T M E N T SCHEDULE B -2 (Exceptions) Our Order No. V19465 -5 271.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED May 24,'1904, IN BOOK 48, AT PAGE 503 AND RECORDED.September 04, 1923, IN BOOK 93 AT PAGE 98. (ITEMS 270 AND 271 AFFECT PARCELS 38, 39 AND 40) 272.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED May 1970, IN BOOK 217 AT PAGE 675 AND AS AMENDED IN INSTRUMENT RECORDED July 30, 1970, IN BOOK 218 AT PAGE 334 AND AS AMENDED IN INSTRUMENT RECORDED OCTOBER 15, 1970 IN BOOK 218 AT PAGE 899. (ITEM 272 AFFECTS PARCELS 38 AND 39) 273.UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY LOT LINE OF TRACT B AS IT MAY AFFECT SUBJECT PROPERTY AS SHOWN ON THE RECORDED PLAT OF VAIL /LIONSHEAD, FIRST FILING. 274.USE RESTRICTIONS FOR TRACT B AS RESERVED ON THE RECORDED PLAT AND AS SET FORTH IN THE PROTECTIVE COVENANTS OF VAIL /LIONSHEAD, FIRST FILING. (ITEMS 273 AND - 274 AFFECT PARCEL 38) 275.RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS,'IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED October 15, 1971, IN BOOK 221 AT PAGE 989, 276.UTILITY EASEMENT TEN FEET IN WIDTH ALONG A PORTION OF THE NORTHERLY LOT LINE AND A UTILITY EASEMENT TEN FEET IN WIDTH TRAVERSING THE SOUTHERLY PORTION OF SUBJECT PROPERTY AS SHOWN ON THE RECORDED PLAT OF VAIL /LIONSHEAD, SECOND FILING. (ITEMS 275 AND 276 AFFECT PARCEL 39) 277.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED October 15, 1971, IN BOOK 221 AT PAGE 991 AND AS AMENDED IN INSTRUMENT RECORDED August 12,. 1.977, IN BOOK 258 AT PAGE 453. PAGE 44 Account Account: R057430 jeormion Parcel Number 2101- 072 -19 -003 Tax Area SC103 - VAIL (TOWN) - SC103 Situs Address Legal Summary Subdivision: VAIL LIONSHEAD FIL I TRACT B PART OF FILING 1; TRACT B PART OF FILING 2; TRACT B PART OF FILING 3 BK -0217 PG -0675 MAP 0540••70 BK -0217 PG -0676 BK -0221 PG -0990 MAP 10 -15.71 BK -0221 PG -0992 MAP 10.15 -71 BK -0389 PG -0502 QCD 06 -19 44 BK -0391 PG -0882 QCD 07 -11 -84 BK -0625 PG -0653 BSD 11-22-93 R750938 EAS 03 -02 -01 R897251 DEC 11 -09 -04 R937650 EAS 11 -21 -05 R937657 EAS 11.21 -05 R200733761 EAS 12 -31 -07 «ner Information Owner Name VAIL CORP In Care Of Name THE FIXED ASSETS DEPARTMENT Owner Address 390INTERLOCKEN CRESCENT STE 1000 BROOMFIELD, CO 80021 Transfers Images • GIS No Transfer Documents Page I of I Amessment Fiistorr•, Actual (2009) $7,460 Primary Taxable $2,160 Tax Area: SC103 Mill Levy: 44.2270 Type Actual Assessed Acres Land $7,460 $2,160 2.132 http: / /propeity.eaglecounty.tisl assessor / taxweb laccount.jsp ?accountNum= RO57430 03/08/2010