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Home My WebLink AboutPEC110026 Project Name:LANDMARK VARIANCE PEC Number: PEC110026 Project Description: VARIANCE TO ALLOW FOR LESS LANDSCAPED AREA THAN IS EXISTING ON THE NORTH DECK OF THE LANDMARK. WE CHALLENGE THAT THE STRUCTURAL CAPACITY OF THE DECK DOES NOT ALLOW FOR MORE LANDSCAPED AREA AND CREATES AN UNDUE HARDSHIP. Participants: OWNER LANDMARK CONDOMINIUM ASSOCIA 04/25/2011 Phone: 970-476-1350 610 WEST LIONSHEAD CIRCLE VAIL CO 81657 APPLICANT LANDMARK CONDOMINIUM ASSOCIA 04/25/2011 Phone: 970-476-1350 610 WEST LIONSHEAD CIRCLE VAIL CO 81657 Project Address:610 W LIONSHEAD CR VAIL Location: NORTH DECK Legal Description:Lot: 1 Block: 1 Subdivision: VAIL LIONSHEAD FILING 3 Parcel Number:2101-063-0700-0 Comments: BOARD/STAFF ACTION Motion By:CARTIN Action: APPROVED Second By:HOPKINS Vote:5-0-1 Date of Approval: 05/23/2011 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0013029 This variance approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. Planner:Bill Gibson PEC Fee Paid: $500.00 t of Community Development 75 South Frontage Road Vail, Colorado 81657 Tel: 970- 479 -21 Fax: 970-479-24 Web: www.vailgov.com 1opment Review Coordinator Variance Request Application for Review by the Planning and Environmental Commission General Information: Variances may be granted in order to prevent or to lessen such practical difficulties and un- necessary physical hardships as would result from the strict interpretation and /or enforcement of the zoning regulations inconsistent with the development objectives of the Town of Vail. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or con- ditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. The Vail Town Code can be found on the Town's website at www.vailgov.com The proposed project may also require other permits or applications and /or review by the Design Re- view Board and /or Town Council. Fee: $500 Description of the Request: We request a variance to allow for less landscaped area than is existing on the North Deck of the Landmark. We challenge that the structural capacity of the deck does not allow for more landscaped area and creates an undue hardship. Physical Address: 6 1 0 W. Lionshead Cir. Vail, CO 81657 Parcel Number: 210106307001 Property Owner: Landmark Condominium Assoc Inc. dge, Rd. C -1 Vail, CO 81657 Mailing Address: c/o Geoff Wright, 610W Lio nshead Cir. Vail, CO 81657 Owner's Signature: Primary Contact/ Mailing Address: 1650 E -Mail: bill @vailarchitects.com Phone: 476 6342 Fax: 476 4901 i v � 1 For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Exp. Date: Auth # Check # Fee Paid: Meeting Date: Planner: Zoning: Location of the Proposal Received From: DRB No.: J -s-tc n l i a (D Project No: , 1 11 — L) I Land Use: l Lot: _ Block : _ Subdivision: V�iL l 1QAS ( F1 LlVJ (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) ne: 476 1350 01 -Jan -1 1 TOWN O WAIL JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications affecting shared ownership properties such as duplex, condominium, and multi- tenant buildings. This form, or similar written correspondence, must be com- pleted by the adjoining duplex unit owner or the authorized agent of the home owner's association in the case of a con- dominium or multi- tenant building. All completed forms must be submitted with the applicants completed application. I, (print name) Geoff Wr ight of property located at 610 W. Lionshead Cir. Vail, CO 81657 approval of the plans dated 4.21.11 a joint owner, or authority of the association, provide this letter as written which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address not- ed above. I understand that the proposed improvements include: A requested variance for the use of less landscaped area than is existing. (Sig �re (Date) Additionally, please check the statement below which is most applicable to you: I understand that minor modifications may be made to the plans over the course of the review process to ensure com- pliance with the Town's applicable codes and regulations. (!*ere) I understand that all modifications, m /nor or otherwise, which are made to the plans over the course of the review pro- cess, be brought to my attentlon by the appl /cant for addlt/onal approval before undergo /ng further rev /ew by the Town. (Init /al here) William F. Pierce, Architect Tyson Deardutf, Director of Architecture Kathy He linga, Office Manager Pierce Architects 1650 Fallridge Rd. Vail, CO 81657 970.476.6342 www.vailarchitects.com Town of Vail Community Development Planning and Environmental Commission Application for Variance Explanation of Variance Request PIERCE ARCHITECTS VAIL, COLORADO The North Deck of the Landmark is being renovated to upgrade the appearance and function. The existing layout of the deck is designed to create a pedestrian path to the North Day Lot (now employee housing) that is no longer functional. The proposed design solution shows a landscaping element that smoothly flows over the property line of the Landmark and employee housing. Currently, the deck has 1253 sf of landscaped area. This area is simply turf incased in a curb. The proposed design includes 631 sf of landscaped area that includes multiple sizes and types of plantings as shown in the landscape plan. This area of 631 sf is limited by the structural capacity of the deck below. This deck in question is entirely above a parking garage below. When constructed, this deck was designed to a different structural code, specifically snow load. Since the deck has been build the Town has changed the snow load from 75psf to 100psf. The current landscaping on the deck does not meet this load criterion. We engaged Martin & Martin, PE to do a structural analysis of the twin tee construction of the deck. Their report is included. The current design that shows 631 sf of landscaped area is the maximum amount of landscaping that would meet the current structural design criteria. We request a variance that would allow a renovation on the North deck as proposed with 631 sf based on the inadequacy of the deck to hold more landscaped area. Best Regards, illiam Pierce, AIA, 4ED AP 1650 Fall ridge Road, Suite C -I Vail. Colorado 81657 P: 970.476.6342 F: 970.476.4901 www.vailarchit Lcts.com PLANT LEGEND KEY OTY BOTANICAL NAME COMMON NAME SIZE SHRUBS /ORNAMFNTAI GRASS 5SU 15 4513 SORBARIA SORMFOLIA URAL FALSE 5PIREA 5 GALLON 32 HELIGTOTRICHON 5EMPERVIRENS BLUE AVENA GRASS IGALLON MSG 10 MISGANTHUS 5INEN515 'GRAGILLIMUS' GRAZIELLA MAIDEN GRA55 1 GALLON PE FNNI 1 /GR p ,Q (FAI I TT,, H05TA 'HONEY5ELL5' GREEN PLANTAIN LILY I GALLON PENSTEMON STRICTUS ROCKY MTN. PENSTEMON I GALLON AOUIEGIA GAERULEA ROCKY MTN, COLUMBINE I GALLON HEUGHERA SANGUINEA '5PLENDENS RED CORAL BELLS I GALLON LAMIUM MACULATUM 'PURPLE DRAGON' PURPLE DRAGON NETTLE I GALLON LIGULARIA THE ROCKET' THE ROCKET RAGWORT I GALLON MAHONIA REPENS CREEPING HOLLY I GALLON MONARDA 'CAMBRIDGE SCARLET' RED BEE -BALM IGALLON PHLOM15 CA5HMERIANA HIMALAYAN SAGE I GALLON CAMPANULA ROTUNDIFOLIA 'OLYMPICA' BLUE HAREBELL 4" POT AEGOPODIUM 'VARIEGATUM' B15HOP'S WEED 4" POT ALGHEMILLA MOLL I5 'THRILLER' THRILLER LADY'S MANTLE I GALLON GENERAL NOTES I. LANDSCAPE CONTRACTOR SHALL SUBMIT A WRITTEN DOCUMENT REGARDING ITS POLICY ON PLANT GUARANTEE AND REPLACEMENT TO THE OMER, EACH GUARANTEE SHALL CONFORM TO THE MINIMUM STANDARD OF REPLACING ALL MATERIAL INCLUDING LABOR, DUE TO SICKNESS. DEATH, OR UNSATISFACTORY CONDITION OF A PLANT FOR A PERIOD OF ONE YEAR FOLLOWING INSTALLATION. 2. CONTRACTOR TO HAVE HAVE UTILITIES LOCATED AND STAKED AT LEAST 48 HOURS PRIOR TO BEGINNING CONSTRUCTION, 3. FURNISH AND INSTALL PLANT MATERIAL AS NOTED. ALL PLANT MATERIAL SHALL BE APPROVED BY LANDSCAPE ARCHITECT PRIOR TO INSTALLATION. SHOULD A DISCREPANCY IN OUANTITIE5 OCCUR, PLANT OUANTITIE5 ON PLAN SHALL TAKE PRECEDENCE OVER THOSE IN THE PLANT SCHEDULE. 4. PROVIDE A STAKED LAYOUT OF ALL PLANTING LOCATIONS FOR REVIEW BY LANDSCAPE ARCHITECT PRIOR TO BEGINNING WORK. 5. PLANTING BEDS SHALL BE MULCHED WITH I" (DEPTH) SOIL PEP. SHRUBS TO BE MULCHED WITH 2" SHREDDED CEDAR ABOVE ROOT13ALLS 6. PLANTING BAGKFILL AND SOIL MIX USED IN SHALLOW PLANTING AREAS ABOVE GARAGE TO BE DETERMINED. T. ALL LANDSCAPING SHALL BE IRRIGATED BY MEANS OF AN AUTOMATIC UNDERGROUND IRRIGATION SYSTEM. TREES, SHRUBS, AND ORNAMENTAL GRASSES SHALL BE DRIP IRRIGATED. PERENNIAL FLOWERS AND GROUNDGOVER SHALL BE IRRIGATED WITH POP -UP SPRAY HEADS. macDesign LANDSCAPE ARCHITECTURE SITE PLANNING P.O. BOX 6446, AVON, CO 81630 910.513.9345 V _Z _J LL p m Q Q ENO Z m00 Q J J DATES DE9GRIPTION� 10190/10 PREL M l 9/79/11 REV. PRELIM PLAN 9MAI REV. PRgIM. PLAN 341111 REV PRELIM PLM O 0 AIL Scolw I" a 10' -0" Nq-y, NORTH DECK LANDSCAPE PLAN L -1 OJ /I1 /10 d!B 04 /OI /it Oa /Zt /II PEE PEc EXISTING SITE PLAN s xce•.to Li C �e < O p �2 Z �> J `o PEE OF CO! ��o i B- Q C�S M�� F ITZLEN E R C E ARCHITECTS ^'SITEPLAN ' A100EX eu/a��a aee oa /m /n oaa ELEVATION 1 NEW PEDESTRIAN COATING SECTION 2 sc :; - I . _o. PROPOSED SITE PLAN s— l'- so.-a• Q S C C - Q J - `o e m ARCHITECTS 5 ^ ITEPLAN , L EE pp ppp- William F. Pierce, Architect Tyson Deardutf, Director of Architecture Kathy Heslinga, OtTiee Manager Westwind C/o Jeff Jacabs 548 S FRONTAGE RD VAIL, CO 81657 Subdivision: FIRST WESTWIND BK -0453 PG -0939 WD 12 -03-86 Lifthouse c/o Packy Walker 000555 E LIONSHEAD CIR Vail, CO 81657 Subdivision: LIFT HOUSE Arrabelle c/o Brian Austin 000675 LIONSHEAD PL Vail, CO 81657 Subdivision: ARRABELLE AT VAIL SQUARE RESIDENTIAL CONDOMINIUMS West Lionshead Plaza Concert Hall Plaza W LIONSHEAD CIR Vail, CO 81657 Subdivision: CONCERT HALL PLAZA CONDO BK -0591 PG -0494 MAP 10 -15 -92 BK -0591 PG -0493 DEC 10 -15 -92 R844172 PTD 08 -14 -03 Hughes Land Holding Trust Attn: Kim Hughes 1826 State St. Santa Barbara, CA 93101 Montaneros C/o Carrie Henderson 000641 W LIONSHEAD CIR MONTANEROS CONDOMINIUMS Unit: BK -0260 PG -0564 WD 09 -29 -77 BK -0586 PG -0485 QCD 07 -29 -92 R200605316 EAS 03 -03 -06 LIONSHEAD INN LLC c/o Benjamin Jarrell 705 W LIONSHEAD CIR Vail, CO 81657 Subdivision: VAIL LIONSHEAD FIL 3 Block: 2 Lot: 1 PT OF BK -0645 PG -0597 DEED 05 -04-94 Vail Resorts Employee Housing Corporate Office 390 Interlocken Crescent Broomfield, CO 80021 1650 Fallridge Road. Suite C -I Vail, Colorado 81657 P: 970.476.6342 F: 970.476.4901 www. vailarcliitects.coni PIERCE ARCHITECTS VAIL, COLORADO MARTI N / MARTI N CONEULTING ENGINEERS April 25, 2011 Mr. Bill Pierce Pierce Architects 1650 Fallridge Road, Suite C -1 Vail, Colorado 81657 Re: Landmark North Deck Variance Application Martin/Martin Project No: 22916.5.02 Mr. Pierce, It is my understanding that the Town of Vail is requesting a larger area of landscaping be installed on the north plaza of the Landmark Property than previously approved by my structural evaluation report dated 3/28/2011 (copy attached). The previously approved landscape section (SK -01 in attached report) results in loads onto the structure that approach the maximum capacity of the precast double tee members. Adding the proposed 7' -0" extension of soil and ground cover would overstress the structure and cannot be approved without performing structural modifications. Please contact me if you have any questions regarding this report. Sincerely, Ben Bromiel, P.E. Investigative Engineer Attachment: p ppppp- MARTIN/MAR CONSULTING ENGINEERE Mr. Bill Pierce Pierce Architects 1650 Fallridge Road, Suite C -1 Vail, Colorado 81657 Re: Landmark North Deck Landscape Plan Martin/Martin Project No: 22916.S.01 Mr. Pierce, I have completed my structural evaluation of the existing structure for the addition of the landscaping area to be installed on the north plaza of the Landmark Property in Vail, Colorado. Previously, I reviewed the original structural drawings dated February 28, 1973. The drawings indicate that the design live load for the plaza area was 100 pounds per square foot (psf). The Town of Vail currently requires a 100 psf allowance for snow loads on exposed surfaces. Since any landscaping materials applied to the surface would be additional load over and above the snow load allowance, further investigation and analysis was required to approve the proposed landscape plan. On March 9, 20111 visited the property to perform an investigation of the structure on the north end of the plaza level that would support the proposed landscaping materials. The structure under the proposed area consists of 8 foot wide x 18" deep precast concrete double tees (8DT18). These double tees span north -south and are supported by a cast -in -place concrete foundation wall on the north and a precast inverted tee beam on the south. The clear span of the double tee members between the inverted tee and exterior wall is approximately 17' -5 ". While on -site, I performed non- destructive testing of the existing double tees and composite topping slab above to obtain additional design parameters. I discovered that the topping slab above the double tees has an average thickness of 3 inches and the double tees in question contain two (2) bonded prestressed tendons per double tee stem (4 total tendons per double tee). The tendons are located at 2 inches and 8 inches from the bottom of the double tee stems. The tendons are not harped, but rather maintain their offset from the bottom of the double tee stem throughout the length of the beam. I was unable to confirm the existence of any shear reinforcing within the double tees and have therefore assumed none is present for my analysis. While on -site, I performed a brief visual assessment of the condition of the structure. I observed that water was leaking down the face of the north foundation wall in select locations. In one particular area, the water collected in and around the bearing pockets of the double tee beams. This has caused the steel bearing plates at the base of the double tee stems to corrode and deteriorate. The concrete on four (4) double tee stems has cracked and spalled (photos 1 & 2). Because of the deterioration to the structure at these locations, the double tees do not have their full original structural capacity. Repairs to the (4) double tee stems will be required to re- establish their original structural integrity prior to the addition of any new landscaping materials above. I also observed the waterproofing membrane applied to the top surface of the deck has deteriorated and begun to delaminate directly above the damaged tee stems previously discussed. I recommend that the failed waterproofing materials be removed, the existing concrete surface repaired (if necessary) and a new coating be applied to the area to protect the repairs to the double tee stems, as well as to prevent additional water from entering into the garage. In addition to performing the site observations and assessment discussed above, I met with design engineers from Rocky Mountain Prestress (RMP) to better estimate the original structural capacities using specialized double tee design software, as well as to better understand the industry standards for reinforcement patterns in double tee beams that would have been used at the time the building was constructed. I based my final analysis of the existing double tees on my discussions with RMP, my field observations, measurements, and the following assumptions: • The approximate locations of the landscape materials will be installed as shown on the attached space plan dated 3 -23 -2011. • The planting medium used shall be limited to a maximum compacted soil density of 95pcf. • The foam filler to be used as shown on the attached sketch SK -01 shall be limited to a maximum weight of 1psf per inch thickness. • The stone veneer used to cover the CMU wall will have a maximum weight of 12.7 lbs /cu. ft. per inch of thickness. • No mulch will be used in addition to the soil and compost shown on the attached detail. • Repairs to the damaged double tee stems and waterproofing coating are to be implemented prior to the addition of any landscape materials or features. • The maximum dimensions shown on the attached sketch SK -01 will not be exceeded. Based upon these design parameters, I have concluded that the existing structure is capable of supporting the weight of the landscaping materials to the extent shown on the attached sketch SK -01. Provided the dimensions outlined in this sketch can be met, no structural modifications to the double tees and their supporting structure are required. Please contact me if you have any questions regarding this report. Sincerely, Ben Bromiel, P.E. Investigative Engineer 3/28/2011 Related Photos: rno[o i : ueterioratea clouble tee stem bearing locations ►iuw /-: %-,iusC up or corroaea nearing plate MM JOB 8 :2916 S.01 DEMNERS B� B—d PRINCIP4 J- Lod DATEPRINTED WM201171029AM Wt—AW, PR3JLl%;\-,23jE 01 \ReA(\229 1 b s 01 �ld,wk N,th E.P IROJECT—GER 8en8—, -n K ;! " 0 X > cf) > 0 0 M 3 0 z > m F < m m 0 - -3 p z M x 0 z m n m m )> z > x 0 x C) III III III III 4 MIN -n FOAM FILLER 0 z 0 6" MAX n > A m 4 M � ;a m -u OVER FOAM C m 0 M > 0 M III r > 0 2 00 > --i 0 0 MAX m z I III �I�II 0 0 m 0 n III % -u Cl) E0 z C) m Z cl) 0 E K > m C) C() X C , ) C, > U) z on -a --i G) C - 0 � C/) M � s: -0 - > m -j :-.:: m 2 F 0 --, wl -:, I t-1 C = T - m 0, iz > 0 -) c m > Cl ( C) co Z m m — 0 M c') 0 m 1 m - n m 2r 3� o � m � -� a 0 STANFORD 11 PARKING 6 o > GARAGE REPAIR RTl N I" @Tl� R macDesign LANDSCAPE ARCHITECTURE SITE PLANNING P.O. BOX 6446. AVON, COS 1620 970.513 9345 PLANT LEGEND KEY OTY BOTANICAL NAME OOMMON NAME SIZE SHRUBS /ORNAMENTAL GRA55 55U 15 SORBARIA 5DRBIFOLIA URAL FALSE 5PIREA 5 GALLON H58 30 HELIGTOTKIGHON SEMPERVIRENS BLUE AVENA GRA55 I GALLON M56 15 MISCANTHU5 5INEN515 'SARABANDE' NARROW LEAF MAIDEN GRASS I GALLON PLKENNA 5 /GR lu /pA TI U HOSTA 'HONEYBELL5' GREEN PLANTAIN LILY I GALLON PENSTEMON STRICTUS ROCKY MTN. PEN5TEMON IGALLON AOUIEGIA CAERULEA ROCKY MTN. COLUMBINE I GALLON HEUCHERA SANGUINEA 'SPLENDEN5 RED CORAL BELLS IGALLON LAMIUM MAGULATUM 'PURPLE DRAGON PURPLE DRAGON NETTLE I GALLON LIGULARIA THE ROCKET' THE ROCKET RAGWORT I GALLON MAHONIA REPEN5 CREEPING HOLLY I GALLON MONARDA 'CAMBRIDGE SCARLET' RED BEE -BALM I GALLON PHLOMIS CASHMERIANA HIMALAYAN SAGE I GALLON CAMPANULA ROTUNDIFOLIA 'OLYMPIGA' BLUE HAREBELL 4" POT AEGOPODIUM VARIEGATUM' P'S W 515HOEED 4" POT ALCHEMILLA MOLLS, THRILLER' THRILLER LADY'S MANTLE I GALLON GENERAL NOTES I. LAND5GAPE CONTRACTOR SHALL SUBMIT A WRITTEN DOCUMENT REGARDING ITS POLICY ON PLANT GUARANTEE AND REPLACEMENT TO THE OWNER. EACH GUARANTEE SHALL CONFORM TO THE MINIMUM STANDARD OF REPLAGIN6 ALL MATERIAL INCLUDING LABOR DUE 70 SICKNESS, DEATH, OR UNSAT15FACTORY CONDITION OF A PLANT FOR A PERIOD OF ONE YEAR FOLLOWING INSTALLATION. CONTRACTOR ONTRACTOR TO HAVE HAVE UTILITIES LOCATED AND STAKED AT LEAST 45 HOURS PRIOR TO BEGINNING CON5TRUGTION, 3. FURNISH AND INSTALL PLANT MATERIAL AS NOTED. ALL PLANT MATERIAL SHALL BE APPROVED BY LANDSCAPE ARCHITECT PRIOR TO INSTALLATION. SHOULD A DISCREPANCY IN QUANTITIES OCCUR, PLANT QUANTITIES ON PLAN SHALL TAKE PRECEDENCE OVER TH05E IN THE PLANT 5CHEDULE. 4. PROVIDE A STAKED LAYOUT OF ALL PLANTING LOCATIONS FOR REVIEW BY LANDSCAPE ARCHITECT PRIOR TO BEGINNING WORK. 5. PLANTING BEDS SHALL GON515T OF ORGANIC MULCH. MULCH SHALL BE SHREDDED CEDAR AT 3" DEPTH, EXCEPT IN PERENNIAL FLOWER AND GROUNDCOVER AREAS, WHERE MULCH SHALL BE SOIL PEP AT 2" DEPTH. b. PLANTING BACKFILL AND SOIL MIX USED IN SHALLOW PLANTING AREAS ABOVE GARAGE TO BE DETERMINED. �. ALL LANDSCAPING SHALL BE IRRIGATED BY MEANS OF AN AUTOMATIC UNDERGROUND IRRIGATION SYSTEM. TREES, SHRUBS, AND ORNAMENTAL GRASSES SHALL BE DRIP IRRIGATED, PERENNIAL FLOWERS AND GROUNDCOVER SHALL BE IRRIGATED WITH POP -UP SPRAY HEADS. V Z J LL P m V QO in Y�of �00 Q m�v �JJ DATG� DESLRIITION� arsono PAFy1MINARY RAN 9/3'J/11 RV 'IIGLIM RAN 0 to I Scab 1" . 10' -0' North NORTH DECK LANDSCAPE PLAN L - I y � ,From Land Title (56) Thu OG Jan 2005 03:33:25 PM MST Page 5 of 10 Our Order No: VCS0008091) l: COMMON AREA, LANDAlARK -VAIL CONDO)NILNIUATS, ACC:ORDIN(; TO THE CONDOMINIUM MAP THEREOF. RECORIN - U) NOVEIUB ;R 1, 1974, IN BOOK 237 A'C PAGI; 177 AND TI II; SUI'PLTTIF,NT '1' lERL"I'O R,CORDLAD A1A.RCH 11, 1975, IN BOOB 233 AT PAGE 918 AND ACCORDING TO 111, CONDOMINIUM DECLAIOATION FOR LANDAURK -VAIL CONDONIINTUNIS, RECORDED JULY 17, 1973, fN ROOK 230 AT PAGE 129, AS AA4II,ND1 I) RI' A11. rNTDN•II1:NT TO DECLAIWITON OF COWNAN'fS, CONDITIONS AND MTRICT10NS R,COItllL1) S1iYFENIBER 17, 1973, IN BOOK 231 AT PAGE 111, AS FURT TER AMENDID BY SECOND AA1I;NDA NT TO DECLARATION OF COVENANTS CONDITIONS AND 117'STRICTIONS RECORDED) ITRRUARY 8, 1974, IN ROOK 233 AT PAGT 335 AND AS F UKIUER AAiEND,O BY TH RI) A1\11:ND1\1L+;NT TO D.ECLARATJON OF CONIENAN'IS, CONDITIONS AND RESTRICTIONS ESTABLISHING, A PLAN FOR CONDONUNIUM ONVNI RSHIP OF 1,ANDN•IARK -VAIT, CONDOMiNIUN•IS, RECORDED SEE TN1IBER 23, 1.974, IN ROOK 236 AT PAGT 573, COUNT]' Ole EAGLE, S1AT1 Ole COLOIvUWO SUBJ,CT TO TH T1 RNIS, CONDITIONS AINI) ,STIPULATIONS OF SAID CONDOMINIUM DECT ARATTON. if ■ L w From land Title (Std) Thu 06 Jan 2005 03:33:25 PM MST A I 't' A C O f%l M. I T D I U, N '1' Schedule It - Section 1 (Requirements) The following; are the requirements to be complied with: Page G of 10 Our Order No. VC50008090 Item (a) Payment to or fur the Recount of UK g ,Mons or,rxirig;agors of lire fall comidcrn(ion for Uic cs(ate or iuteir -it to be imtued. Item (b) Proper inslnunenl(s) creating the estate or interest to be irk4ured must be executed and duly Bled for rrcard, to- 11-it: Iic!rrt (c) Payrncni of ail iaxcs, chafgm or assmsrnetws levied atxi assessed a�oainst lbe sub mA pruntises which am (tile and payable. Item (d) Additional re(ptirements, if any disclose! Ixdow: THIS COD2114IIMENT IS F OR INFORNUTION ONLY, AND NO POLICY W LL BE ISSUIW PURSUANT HERM). rrom Land Title (S6) Thu 06 Jan 2005 03:33 :7.5 PM MST Page 7 of 1.0 A 1, T A C0AltAl ITMEN T Schedule R - Section 2 (Exc•epti<u1.$) Our Order No. VCS0008(19O The policy or policies to be issued will Cou"'rl excepti0llfi to the r011011ing 11111CS8 (lie santC arC disposed 01• (4) the satisfaction of the Company: I. Rights fir claims of partfcs in possession na( shown by file public recorYls. 2. r6clncl1K or clairl's of casclrlents, not shown by Ole public recorils. 3. Discrepancies, conflicts in ImumlarT lilxs, shortage in area, en and nitij facts Ni 1»ch a cnmr ct s l uveti oral inspection or U1e premises would disclose and which are twit sllotii-11 by the public records. 4. Any lien, or right to a lieu, for set lalxlr or nutterial theretofore or hereafter fiunished, imposed by law lmd not shown by the public records. 5. Defects, liens, encunibratxes, adverse clahns or outer matters, if arty, crzatt�, fist appeatit>e in the ptllllic records or attaching subsequent to the effective date hereof bnt prior to the date the pr-olxlsed insured acquires or moral for value the esta(c or interest or mortgage therron covered by Wis Coirurlibilent. 6. Taxes or special assessments which are not sl,owu as existing liens by Ole public records.o the Treasurres office 7. Liens for unpaid water aid sewer clmyes, if any.. B. In addition, the owner's policy h'ilI be sut�iec.t to We alortgagc, if any, laded in Section 1 of Scaleclule B hereof. 9. FJGL-I1' 01' PROPIUETOR OF A VEIN OR LODE TO EXTRACT AND R[sl1'IOVE 1 O R13 THEIM' to lv1 SHOULD THE SAA1E BE FOUND TO PENETRATE OR INTEILSECT IME PRE 1ISG5 AS ItF.SERVED iN UNM?,D STATES PATENT RFCORDi ) IN ]BOOK 48 AT i'AGE. 503 AND iN BOOK 123 AT PA 617. 10. RIGHT OF WAY FOR DITCl1ES OR CANALS CONSTRUCTM BY TI1L AUTI1O1t11`Y OF TLw UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED IN BO(W 48 AT PAGE? 503 AND IN BOOK 123 A'1' PAGE 617. 11. RESTRICi'IVE COVENANTS NVHTCA DO NOT CONTAIN A FORMITURE OR RI;VT;IZTi;R Ci,AUSE,, BUT U11U TLNGANY COVENANT OR I(ESTRICTION BASED ON RACE, COLOR, RLL1G10N, SEX, HANDICAP, FAN11LIAL STATUS OR NATIONAL OIU(;IN UNLESS AND ONLY TO THE I:t rEN'r'FHAT SAID COVENANT (A) IS li-XRAllyr UNDER CHAM1.1142, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIARNATE AGAINST HANDICAP PERSONS, AS CONTA WF.I) iN INSTRUA1i:NT RECORDED OCTOBER 15, 1971, IN ROOK 221 AT PAGE 991. 12. THOSEPROVISIONS, COVENANTS AND CONDmONS, R'.ASESNTEN7S, AND RESTRICTIONS, Wl•I.ICH ART, A BURDEN TO - 1 - HE CONDOMWIUM UN.1T DI;SCR1.13ED W SCIWDUIX A, ItCI'I' OMIITIN(, ANY COVENANT OR RLST111CTI()1N BASED ON RACE, COLOR, RELIGION, 5I:.1', HANDICAP, FATWff IAL, STATUS OR NATIONAL, ORIGIN UNLESS AND ONi.Y TO - nFf i x- n, -.N•r from Land Title (S6) Thu 06 Jan 2005 03:33:25 PM MST Page 8 of 10 ALTA COMM1TDIENT Schedule IS - Section 2 (Exceptions) Our Order No. VC- 50008090 The policy or policies to be issued will coutain exceptio"S to the rollowim) unless the same are disposed or to the Satisfaction ol• the Company: 'IIIATSAID COVENANT (A) IS EXENLI -f UNDER C73A1''1'ER d2, SECTION 3697 01i '111E UNITED STATES CODE OR (B) RI?.LATFS TO HANDICAP BUT DOIs'S NOT D1SCRiA- UNA113 AGAINST HANDICAPPED PERSONS, AS CONTAINf:D IN INSTRUNU.NT RECORDED JULY 17, 1973, IN BOOK 230 AT PAGE 129 AND AS AAl LADED IN .INSTRUMENT RECORDED SEI'IMIBER 17, 1973, IN BOOK 231 AT PAGE 131 AND AS AMENDED IN INSTRUMENT RECORDED = RUARY 08, 1974, IN BOOK 233 AT PA GM 335 AND AS AA47 NDr.D IN 1NSTRUMLN T RLCOW)FID SEFrEMISUR 23, 1974 'IN BOOK 236 AT PACT; 573. 13. EASIME NTS, COVENANTS, CONDMONS, RESTIUC11ONS, RESERVATIONS AND NOTES ON THE CONDOAIINIUM rvL2P OF LANDMARK-VAIL CONDOA•19NIUATS AND SUPPLF. MWI S THERM). 14. TERMS, CONDITIONS AND PROVISIONS Or CARI.d? 119.I:VI:SION EASEUVIENT AND MAIMENANCE AGI t llENT RECORDED JUNE 08, 1994 IN BOOK 642 AT PAGE 337. 15. TERMS, CONDITIONS AND PROVISIONS OF CONVEYANCI43 OF EASEMENT RLCORDED EBRUARY 21, 1984 IN BOOK 378 AT PAGE 904. From Land Title (56) Thu 06 lan 2005 03:33:25 PM M5T Page 9 of 10 LAN1) TITLh GUARANTEE. C01�IPANY DISC'LOSUI I; STATE MEN1;S Note: PunuaN In CRS 10 -11 -122, ix►lice is hereby given Drat: A) 71ie subject real properly n►ay lie located in a special taxing district. If) A Certificate of Taxes Due listirr, cacti fixing juris(licliou may be obtained from We County Trta s authorized agent. C) The information regarding special districts arxl Uie boundaries of such districts may be obIathied from the Pond of Counly C onnnissioucrs - , die Comity Clerk aad Record or the Couuly Assessor. Note: Effective September 1, 1997, CRS 30 -10 -406 requires Drat all documents received for recording or filing in Uic clerk aril reconler's office shall cordain a top margin of al Icasl one inch nod a left, right and bottom margin (►1' at least one toilE of an inch. The cleric and recorder may refuse to record or file any document Uuit does riot conform, except that, die recnrivement for (lie top margin shall not apply to docwnents using forim on ti'Inich space is pruvided for recording or filing iiirorrriation at tlic trip margin of die do ciinciit. Note: Colorado Division of Insurance Regtilations 3-5 -1, Paragraph C of Article VIJ requires titat 'T fiUc culity shall be responsible for all matters which appear of record prior to We time of recording whenever the Ulle entity conducts die closing and is responsible for recordiug or 1 - fling of legal docwtients resulting from lire transaction which was closed ". i'rovided that J.and 7511e Guarantee Comphu>.v corxlucts Vic closing of We insured trairtaction and is responsible for mcordiug We legrd doctmienls from the transaction, exception ntunber i will not appear on die (hiiwes Title Policy axl the fenders Policy when issued. Note: Affirmati ve irxxluuuc's lieu pmtection for the Owuer may be available (typically by deletiou of Exception no. 4 of Scliedrile R, Section 2 of die Commitment from (lie Owner's Policy to be issued) upon compliance with We rollowirrg conditions: A) The laird described in Sebedtde A of Uris cunimitmcul runs( be a single family residence wldch includes a condon»niwn or townhouse unit 13) No labor or maleriads lurve Irccu furnished by mecluurim or nuiteriad -mein fur purposes (if coustrucdou on the land descrilx:d in Schedule A of (Us Commitment widdu Ure bast 6 nn►nUrs. C) The Cornpairy incrust. receive an appropriate affidavit itideiniufying the Company against wi -filed mechanic's and inalcrial -men's Crcus. D) The Company nutst receive payment or the appropriate pnmiruu. E) If U►ere has been construction, impirtiveinents or major reirairs widertaken on Uie property to be ptircl►ased witfin six months prior to Ure Date of the Conn ilment, the rcgwrrmenls to obtain coverage for uruec:oWW. liens will include: disclosure of certain constriction information; financial information as to the seller, the builder aixt or Uie contractor, payinent of We appropriate premiwn fully executed Weinnhy Agreements satisfactory to die company, acrd, any additional requirements as may 1x: necessary alter an emuninatiou or Uie rd'omsaid information by the Company. No coverage will be given under any cireunistances fur labor or nnateriad for which Uie insured has coutructe d for or agreed to pay. Note: 1'rusuant to CRS 10.11 -123, notice is lfcreby given: 'Mis rx►tice applies to owner's policy conmiitrnents containing a ndiveral severance inshlwrent exception, or exceptions, in Schedule R, Section A) TIM there is recorded evidence that a minciaiI estate Iras been severed, leased, or oUrcrnvise conveyed from the stuface eslate rind that Uiere is a substantial like llo that a third parity liolds some or all interest iii oil, gas, other rninehals, or geothervnal energy in the property; acid 11) 'lluit such mineral estate may incauck !lie right to enter and use Uie property willxiid. the stu owner's permission. Nothing herein contained will be decined to obligate Uic company to provide any of We coten►ges referred to herein tuiless the above condiflom am fully satisfied. Toren DZSCLOSUFX 09/01/02 From Land Title C56) Thu 06 )an 2005 03:33:25 PM MST Page 10 of 10 .iOINT NOTICE OF PRIVACY POLICY ,Fidelity National hurancial Group of Companies /Chicago Title Iarsurance Company and Laud Title Guarantee Compauy .tally 1, 2001 We recognize and respci:t the privacy expectations of today's consuniers and Hie m(kiireuxufs of applicable federnt and slate. privacy Jaws. We believe that mild you aware of hoyv we use l afi note -public peesonal iufornnation ( "1'enoreal lufornialion "), and to whom it is disclose will funs We IxrSis for a rclationrship of trust, Ixhvccn us runt lire public that wr serve. '11»s Privacy Statement provides titul cxplarnr►liori. We reserve IJr.: right tr change this Privacy Slateuieut from time to tinnc consistent with applicable pnvaey laws. In Elie cuurse of our busiuess, we may collect Personal lurorniation about you from Elie following sources: From applications or other forms vile receive from you or your auQxirized representative; * Froin your titusactirons with, or fi the services Ix +ing pci.forined hy, its, ore rilTiliates, or olJicr�; From our intcnuE web sites; * From the public records uuainlauned by govemi nental entities that we either obttin directly from those entities, or from our alliliates or others; and * From Consumer or other reporting agencies. Our Policies Regarding the Protection or the Confidentiality and Security or Your Personal Information We niaiutain physical. ekxttonic and procedural safeguards to protect your J'er�oivtl lnforerurtion from uiuu►thorizad access or innfnas,ou. We limit access to Elie Pcrsoual hil'onnation only to those employees who need such access in connection with providing product~ or services to you or for other lcgitimaw business purpeises. Our Policies and Practices Regarding the Sharing of Your Personal information We may share your Personal Information with our affiliales, such as insur -pace ronnpanies, agents, and other real estate settlement service ptoviders. We also may disclose your Personal Information: to agents, brokers or representatives to provide you will► services you have requested; * to Oritd -party contractors or service providers who pronidt services or perform nuuiu.Qng or other functions on our i ciialf; and ". to other~ with whom we enter into joint marketing agrecirx:nt5 for products or services that we believe you nc►y rind of interest In addition, we will dis your hifonnation w het. vote direct or give cis peruiission, when we am re quired by law Iii do so, or when we susliect fraudulent or criminal activi ties. We also may disclose your Personal laronnalioa -,vbcn otherwise permitted by applicable privacy laws such as, for example, when disclosure.: is needed to enforce our right~ arising out of any agrecmeut; transaction or relationslrip with you. One of Elie important nwp iisihilifies (if some of our affiliated ccrmparries is t► n documc:uts in the public domain Such documents ,rwy contain voter Penomil Infonuation. Right to Access Your Personal lnforrnaliou and Ability to Cornet Lrrors Or Request Changes Or Deletion Certain slates afford vote the right to access your Fersoual Information crud, under certain cirrutnstances, to Turd out to whom your Personal Information 13m been clisclosed. Al ltio certain states afford y ou the right to r quest correction, ame invent or deletion of ,voter Personal Information. We reserve We right, where pcnnitled by law, to c:lunbe a reasonable fee to cover the costs inc:urr d in nwpouding ha such ittiluests. All requests submitted to flu 11delily National l4inaanciad Group of Corupanies/Chic.ngo title Insurnace Company shall he in writing, and delivered to the following address: Privacy Conipliarice Officer 49P zw via wis " ! Aw sit Sim J f , 1.41 is 'l oil am j OM Aw sit Sim J f , 1.41 is 'l -1' P"I.L A AP 1 * 6 11110,00, ti M!