HomeMy WebLinkAboutBIGHORN 5TH ADDITION BLOCK 5 LOT 2A LEGALpdfdlrtnrw DElEL.Ftcllt
Decign Review Soard
ACTIOI{ FORiI
Department of Community DevelopmeBt
75 Soutb Frontage Road. Vail. Cclorado 81657
tef:970.479.2139 fax:97t1.479.e45?
webr wnw.Yailgov.rom
Proiect Name; DECK REPLACEMENT
ProJect Description:
PATIO DECK REPLACEMENT
Pafticipants:
OWNER
DRBNumber: DR8080156
URQUHART, FMNCES T. & BRADF 05lI6l2W8
1754 NORTH BLVD
HOUSTON
TX 77098
APPUCANT URQUHART, FMNCES T. & BRADF 0511612008
1754 NORTH BLVD
HOUSTON
TX 77098
4846 ]UNIPER LN VAIL Project Address:
Legal Description!
Parcel Number:
Comments:
Locationl
Lotl 2 Eloclc 5 Subdivision: BIGHORN 5TH ADDmON
210r-131-0203-7
Motion By:
Second By:
Vote:
Conditions:
BOARD/STAFF ACTION
Acfion: SIAFFAPP
Date of Apptoval: 05/16/2008
Cond:8
(Pl3N); No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
OoM:0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
(PI-AN): DRB approval shall not become valid for 20 days following the date of
approval. puBuant to the Vail Town Code, Chapter 12-3-3; APPFALS.
C.ond:202
(PLAN): Appoval of this project shall lapse and become void one (1) year following
the date of final approval, unless a building permit is issued and construction is
commenced and is diligently pursued toward completion.
Planner: MCHEL FRIEDE DRB Fee Paid: l2O.O0
Pzu o&-otTT Page2 of 4
WtSot ottu
Minor Exterior Alterations
Application for Design Review
Department of Community Development --
ZS Sotrff, Frontage Road, Vail, Colorado 81657
td: 97A.479.2128 fax 970.479.24s2
web: www.vailgov.com
Genetal Information:
N projects requiring OJen rerriew must receive approval Origio.sybmitring a building permit a
refer to the submittal *qiii"r*tt for the partiarl''ai approml that.is requested' An applicadon
@nnot be amepted unul all required infqrmauon is receVea by the Community Dwelopment
ftjfr ;;t;l* n.eo o ue reviiweo by the Tovvn counc1 and/or the Plannlng and Environm
Design review "pp-it Uio[ unress a building permit is'ssued and constrtiion ot
one year of the aPProval'
DescripHon of the
Sa-^ -c-
LocaUonof theProPosal: Lot J Block:
Physical Addrcss:rlb tf&
paret no., R- 2-tOtt3tOZts.t (Conbct Easle Co- Assessor at 970-328-854
Name(s)of owner( s1. knvc* T hnA utx'<f, FtilrbrA fi-' //peuAar-
2 a flfP;hone-
Owner(s) Signatrrre(e
Name of ApPlicant:
7"a' Eox 3o3-Mailing Addrcss: /"9'/@l r-'r - ==_ =-= , : ^')'
f,<tsac> 6 {cao3 Phone: 77c 3e7660/.
Fax: t{oze E-mait AddfeSS:,/atyeau;sf€zz:,<,.tsf..uaf -,FaXi r'va'v€
PluS $1.00 per square foot of total sign area'
For onstruction of a nerar building or demo/rebuik
For an addition wherc square foohge is added t
Type of
n Signs
D
tr New tr Addiuon
t< /,^r t< Lt \\// t*Cft$fetG | \r' '-E
AY i6 2008Ns
WN OF VAI
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Tuesday, May 06, 2008 America Online: FBUrq
Minor Exterior Alterations
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2128 faxt 970.479.2452
web: www.vailgov.com
General Information:
All projects requiring design review must receive approval prior to submitting a building permit application'
-Please
refer to the su'bmittal requirements for the particulai approval that is requested' An application for Design Rwiew
cannot be accepted untii all required information is received by the Community Development Department. The
project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
b.lign r"{ri"* approlal lapses unless a building p€rmit is issued and consbuction commences within
one year of the apProval.
Description of the Request:
Location ofthe Proposal: Lot:Block:Subdivision:
Physical Addressl
Parcel No.:(Contact Eagle Co. Assessor at 970-328-8640 for parcel no')
Zoning:
Name(s) of Owner(s):
Mailing Address:
Phone:
Owner(s) Signature(s):
Name of Applicant:
Mailing Address:
E-mail Address:
Phone:
Fax:
Type of Review and Fee:
D Signs
! Conceptual Review
tr New Construction
D Addition
D Minor Alteration
( multFfamily/com mercial)
D Minor Alteration
(single-family/duplex)
E Changes to Approved Plans
tr Separation Request
$50 Plus $1.00 per square foot of total sign area.
No Fee
$650 For construction of a new building or demo/rebuild
$300 For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions)'
$250 For minor changes to buildings and site improvements, such as,
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For minor changes to buildings and site improvements, such as'
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For revisions to plans already approved by Planning Staff or the
Design Review Boarc.
No Fee
For Office Use Only:
Fee Paid:Check No.:- BY:
Meeting Date:
Planner:
DRB No.:
No.:
*m JOINT PROPERTY OWNER
WRITTEN APPROVAL LETTER
I, (print name), a joint owner of property located at
provide this
letter as written approval of the plans dated which have been
submitted to the Town of Vail Comrnunity Development Depaltnent for the proposed improvements to be
completed at the address noted above. I understand that the proposed improvements include:
(Sigaature)(Date)
Additionally, please check the statement below which is most applicable to you:
D I undestand that minor modificattbns may be made to the plans over the coune of the review
process to ensure compliance with the Town's applicable odes and regulations.
(Initial here)
D I request that all modifications, minor or otherwise, which are made to the plans over the cource
of the review process, be brought to my attention by the applicant for additibnal approval before
undergoing further review by the Town.
(Initial here)
joinl property ou'ner leuer revised I0/18/2006 Er
F:\cdev\FoRMs\Permits\Planning\Old forms\drb-minor-alt-8-28-2007.doc Page 2 of 13
MINOR EXTERIOR ALTERATIONS
TO BUILDINGS AND SITE IMPROVEMENTS
SUBMITTAL REQUIREMENTS
General Information:
This application is required for proposals involving rninor exterior alterations andlor site improvements.
Proposals to add landscaping do not require DRB approval unless they involve the addition of patios,
water features, grading, or the addition of retaining walls'
I. SUBMITTAL REOUIREMENTS**
a Stamped Topographic Survey*
o Site and Grading Plan*o Landscape Planx
D ArchitecturalElevations*o Exterior color and material samples and speciflcations.
o Architectural Floor Plans*o Lighting Plan* and Cut-sheet(s) for proposed fixtures
o -Title report, including Schedules A & B to verifo ownership and easementsx
B Photos of the existing site and adjacent structures, where applicable.
D Written approval from a condominium association, landlord, and joint owner, if applicable
o Site-specific Geological Hazard Report, if applicable*
D The Administrator and/or DRB may require the submission of additional plans, drawings,
specifications, samples and other materials (including a model) if deemed necessary to
determine whether a project will comply with Design Guidelines or if the intent of the
proposal is not clearly indicated.
Please submil three (3) copies of lhe matefials noted with an asterisk (*),
x*For interior conversions with no exterior chanqes, the submittal requirements include a complete set of
existing and proposed floor plans, a title report, and written approval from a condominium association,
landlord, and joint owner, if applicable.
I have read and understand the above listed submittal requirements:
Project Name:
Contractor Signature
Date Signed
F:\cdev\FORMS\PermiE\Planning\Old forms\drb-minor-alt_8-28-2007.doc Page 3 of 13
Topographic survey:. Wet stamp and signature of a licensed surveyor . Date of survey . North arrow and graphic bar scale . Scale of I"=LO'or L"=20'). Legal description and physical address . Lot size and buildable area (buildable area excludes red hazard avalanche, slopes greater than
40o/o, and floodplain). l-ies to existing benchmark, either USGS landmark or sewer invert. This information must be
clearly stated on the survey . Property boundaries to the nearest hundredth (.01) of a foot accuracy. Distances and bearings
and a basis of bearing must be shown, Show existing pins or monuments found and their
relationship to the established corner.. Show right of way and property lines; including bearings, distances and curve information,. Indicate all easements identified on the subdivision plat and recorded against the property as
indicated in the title report. List any easement restrictions.. Spot Elevations at the edge of asphalt along the street frontage of the property at twenry-five
foot intervals (25'), and a minimum of one spot elevations on either side of the lot.. Topographic conditions at two foot contour intervals . Existing trees or groups of trees having trunks with diameters of 4" or more, as measured from a
point one foot above grade.. Rock outcroppings and other significant natural features (large boulders, intermittent streams,
etc.).. All existing improvements (including foundation walls, roof overhangs, building overhangs, etc.).. Environmental Hazards (ie. rockfall, debris flow, avalanche, wetlands, floodplain, soils). Watercourse setbacks, if applicable (show centerline and edge of stream or creek in addition to
the required stream or creak setback). Show all utility meter locations, including any pedestals on site or in the right-of-way adjacent to
the site. Exact location of existing utility sources and proposed service lines from their source to
the structure. Utilities to include:. Cable TV Sewer Gas . Telephone Water Electric . Size and type of drainage culverts, swales, etc.
' Adjacent roadways labeled and edge of asphalt for both sides of the roadway shown for a
minimum of 250' in either direction from property.
. Site and Grading Plan:. Scale of 1"=20' or larger . Property and setback lines . Existing and proposed easements . Existing and proposed gmdes . Existing and proposed layout of buildings and other structures including decK, patios, fences and
walls. Indicate the foundation with a dashed line and the roof edge with a solid line.. All proposed roof ridge lines with proposed ridge elevations. Indicate existing and proposed
grades shown underneath all roof lines. This will be used to calculate building height.. Proposed driveways, including percent slope and spot elevations at the property line, garage slab
and as necessary along the centerline of the driveway to accurately reflect grade.. A 4' wide unheated concrete pan at the edge of asphalt for driveways that exit the street in an
uphill direction.. . Locations of all utilities including existing sources and proposed service lines from sources to the
structures.. Proposed surface drainage on and off-site.. Location of landscaped areas.o Location of limits of disturbance fencing . Location of all required parking spaces
F:\cdev\FoRMs\Permits\Planning\Old Forms\drb_minor_alt_8-28-2007.doc Page 4 of 13
. snow Storage areas.. Proposed dumpster location and detail of dumpster enclosure.. Retaining walls with proposed elevations at top and bottom of walls, A detailed cross-section and
elcivation drawings shall be provided on the plan or separate sheet. Stamped engineering
drawings are required for walls between 4' and 6'feet in height'. Delineate areas to be phased and appropriate timing, if applicable
. Landscape Plan:. Scale of 1" = 20' or larger . Landscape plan must be drawn at the same scale as the site plan.
. Location of existing trees, 4" diameter or largrer, Indicate trees to remain, to be relocated
(including new location), and to be removed. Large stands of trees may be shown (as bubble) if
the strand is not being affected by the proposed improvements and grading'
. Indicate all existing ground cover and shrubs.. Detailed legend, listing the type and size (caliper for deciduous trees, height for conifers, gallon
size for shrubs and height for foundation shrubs) of all the existing and proposed plant material
including ground cover.r Delineate critical root zones for existing trees in close proximity to site grading and construction'
r Indicate the location of all proposed plantings.
. The location and type of existing and proposed watering systems to be employed in caring for
plant material following its installation.o Existing and proposed contour lines. Retaining walls shall be included with the top of wall and
the bottom of wall elevations noted.
. Lighting Plan:. Indicate type, location and number of fixtures.. Include height above grade, lumens output, luminous area . Attach a cut sheet for each proposed fixture,
. REPAINT PROPOSALS
c For all proposals to repaint existing buildings, the following supplemental information is required:
. Color chip or color sample including the manufacturer name and mlor number(s)
. Architectural elevation drawings which clearly indicate the location of proposed colors (ie, siding,
stucco, window trim, doors, fascia, soffiits, etc.)
F:\cdev\FORMS\Permits\Planning\Old forms\drb-minor-alL8-28-2007.doc Page 5 of 13
PROPOSED MATERIALS
TYpe of Material Color Buildino Materials
Roof
Siding
Other Wall Materials
Fascia
Soffits
Windows
Window Trim
Doors
Door Trim
. Hand or Deck Rails
Flues
Flashing
Chimneys
Trash Enclosures
Greenhouses
Retaining Walls
Exterior Lighting
Other
ilotes:
Please speciff the manufacturer's name, the color name and number and attach a color chip.
F:\cdev\FORMS\Permlts\Planning\Old forms\drb-minor-alL8-28-2007.doc Page 6 of 13
PROPOSED LANDSCAPING
Botanical Name Common Name OuantiU Size
PROPOSED TREES
AND SHRUBS
EXISTING TREES
TO BE REMOVED
Minimum Requirements for Landscaping: Deciduous Trees - 2" Caliper
Coniferous Trees - 6' in height
Shrubs - 5 Gal.
Tvpe Square Footaqe
GROUND COVER
soD
SEED
IRRIGATION
TYPE OF EROSION CONTROL
Please speciff other landscape features (i.e. retaining walls, fences, swimming pools, etc.)
F:\cdev\FORMS\Permits\Planning\Old forms\drb-minor-alt-8-28-2007.doc Page 7 of 13
UTILITY APPROVAL & VERIFICATION
This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to
veriry service availability and location for new construction and should be used in conjunction with preparing your utility plan and
scheduling installations. A site plan, including gmding plan, floor plan, and elevations, shall be submitted to the following utilities
for appmval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAT OR COMMENTS FROM THE UTIUTY
COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail.
Deyeloper to Prpyide Lot Address fnforrnation:
Lot Address:
QWEST
Subdivision:Lot#:
Date
970.468.6860(tel)
970.a68.0672(fax)
Contacts: Sam Tooley
samuel.toolev(oowest.com
XCEL HIGH PRESSURE GAS
970.262.4076 (tel)
970.468.1401 (fax)
Contact: Rich Sisneros
richard.sisneros@xcelenerqv,com
HOLY CROSS ENERGY
970.947.s471 (tel)
970.945.4081 (fax)
Contact: Diana Golis
dgolis@holycross.com
XCEL ENERGY
970.262.4038 (fax)
970.262.4024 (tel)
Contacts:
Kit Bogert
Kathrvn. Booert(oXCELEN ERGY.com
EAGLE RTVER WATER &
SANITATION DISTRICT
970.476.7480 (tel)
970.476.40A9 $ax)
Contact: Fred Haslee
fhaslee@erwsd.orq
COMCAST CABLE
970.418.8248 (tel)
970.949.9138 (fax)
Contact: David Evans
david evans@cable.comcast.com
NOTES:
1. If the utility approval & verification form has signatures from each of the utility companies, and no comments are made direcUy
on the form, or no action is taken within 2 weeks of the Utility's receipt of the form without explaination the Town will presume
that there are no problems and the development can proceed.
2. If a utility company has concerns with the proposed construction, the utility representative shall note directty on the utility
verification form that there is a problem which needs to be resolved. The issue should then be detailed in an attached letter to the
Town of Vail. However, please keep in mind that it is the responsibility of the utility company and the applicant to resolve
identified problems.
3. These verifications do not relieve the contractor of the responsibility to obtain a Public Way Permit from the Departrnent of
Public Works at the Town of Vail. Utility locations must be obtained before diooino in any public right-of-way or easement
within the Town of Vail. A buildinq oermit is not a Public Wav oermit and must be obtained seoarately.
4. The Developer is required and agrees to submit any rwised drawings to the utilities for re-approval & re-verification if the
submitted plans are altered in any way after the authorized signature date (unless otherwise specifically noted within the comment
area of this form).
Developer's Signature
F: \cdev\FORMS\Permits\Planning\Old forms\drb_minor-alL8-28-2007.doc
Authorized Siqnature Comments
Date
Page 8 of 13
NOTES TO ALL APPLICANTS
Pre-application Meetino
A pre-application meeting with Town of Vail staff is encouraged. The purpose of a pre-application meeting is to
identifo any critical issues pertaining to the applicant's proposal and to determine the appropriate development
review process for an applicaUon. In many cases, the pre-application meeting helps to expedite the
development review process as critical issues are identified and dealt with in the preliminary stages' A pre-
application meeting may be scheduled by contacting loe Suther at9703792L28 or jSulhef@yajlgovCsn
Time Reguirements
The Design Review Board rneets on the lst and 3rd Wednesdays of each month. A complete application form
and all accompanying material must be accepted by the Community Development Department prior to
application deadlines. A schedule of DRB meetings and associated application deadlines may be found on the
World Wide Web at www.vailoov.com For a new residential development, the application deadline is typically
3,5 weeks prior to a Design Review Board hearing,
Review Criteria
The proposal will be reviewed for compliance with the Design Guidelines as set forth in Title 12, (Zoning
Regulations) and Title 14 (Development Standards) of the Town of Vail Municipal Code.
Reouirements for oropefties located in hazard areas
If a property is located in or adjacent to a mapped hazard area (i.e. snow avalanche, rock fall, debris flow,
floodplain, wetland, poor soils, etc.), the C.ommunity Development Department may require a site-specific
geological investigation. If a site-specific aeological investigation determines that the subject property is located
in a geologically sensitive area, the property owner(s) must sign an alfidavit recognizing the hazard report prior
to the issuance of a building permit. Applicants are strongly encouraged to consuft with Community
Development staff prior to submitting a DRB application to determine the relationship of the property to all
mapped hazards.
Required Plan Sheet Format
For all surveys, site plans, landscape plans and other site improvement plans, all of the following must be
shown.
1. Plan sheet size must be 24"x 36", .For large projects, larger plan size may be allowed.
2. Scale. The minimum scale is 1"=20'. All plans must be at the same scale,
3. Graphic bar scale.4, North arrow.
5. Tltle bloc( project name, project address and legal description.
6. Indication of plan preparer, address and phone number.
7. Dates of original plan preparation and all revision dates,
8. Vicinity map or location map at a scale of 1"=1,000' or larger.
9. Sheet labels and numbers,
10. A border with a minimum left side margin of 1.5".
11. Names of all adjacent roadways.
12. Plan legend.
F:\cdev\FORMS\Permits\Planning\Old forms\drb_minor_alt_8-28-2007.doc Page 9 of 13
Desion Review Board Meetino Reouirements
For new construction and additions, the applicant must stake and tape the project site to indicate property lines,
proposed buildings and building corners. All trees to be removed must be taped. The applicant must ensure
that staking done during the winter is not buried by snow. All site tapings and staking must be completed prior
to the day of the DRB meeting.
The applicant, or their representative shall be present at the Design Review Board Hearing. Applicants who fail
to app€ar before the Design Review Board on their scheduled meeting date and who have not asked in advance
that discussion on their item be postponed, will have their items removed from the DRB agenda until such time
as the item has been reoublished.
If the DRB approves the application with conditions or modifications, all conditions of approval must be resolved
prior to the issuance of a building permit.
Staff Aooroval
The Administrator (a member of the planning staff) may review and approve Design Review applications,
approve with certain modifications, deny the application, or refer the application to the Design Review Board for
a decision. All staff approvals are reviewed by the Design Review Board and any staff decision is subject to
final approval by the DRB.
Additional Review and Fees
If this application requires a separate review by any local, state 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 to:
Colorado Department of Highway Access Permits, Army Corps of Engineers 404, etc.
The applicant shall be responsible for paying any publishing fees in excess of 50o/o of the application fee. If, at
the applicant's request, any matter is postponed for hearing, causing the matter to be re-published, then the
entire fee for such re-publication shall be paid by the applicant.
Applications deemed by the Community Development Department to have design, land use or other issues,
which may have a significant impact on the community, may require review by external consultants in addition
to Town staff. Should a determination be made by Town staff that an external consultant is needed, the
Community Development Departrnent may hire the consultant. The Department shall estimate the amount of
money necessary to pay the consultant and this amount shall be forwarded to the Town by the applicant at the
time of filing an application. The applicant shall pay expenses incurred by the Town in excess of the amount
forwarded by the application to the Town within 30 days of notification by the Town. Any excess funds will be
returned to the applicant upon review completion.
F:\cdev\FORMS\Permits\Planning\Old forms\drb_minor_alt_8-28-2007.doc Page 10 of 13
Survey/Site Plan Review Checklist
- Depatment of Community Development
75 South Frontage Road, Vail, Colorado 81657
teli 970.479.2128 faxi 970.479.2452
web: www.vailgov.com
*This checklist must be submitted prior to Public Works review of a proposed developmenL
Owners/Project Name:
Project Address:
Applicant:Phone Number:
Submittal o Stamped survey of property
o GviUSite plans
Survev Requirements:
n Surveyo/s wet stamp and signature tr Date of survey o North arrow
tr Proper scale (1"=10' or L"-201 o Legal description
o Basis of bearings / Benchmark u Spot Elevations B Labeled right of way and property lines;
including bearings, distances and curve
information.
D Lot Size o Buildable Area (excludes red hazard
avalanche, slopes greater than 40olo, and
floodplain)
Site Plan Reouirements:
I. Access (check all)
o Driveway type and finished surface are shown on the site plan.
o Unheated D Heated (portion in ROW in a separate zone)
tr Snow storage areas are shown on the site plan within property boundaries (30o/o of driveway area if
unheated; 10o/o of driveway area if heated)
o All driveway grades, dimensions, radii are clearly noted on the site plan and conform to Development
Standards, p. 11. Steepest Section Driveway Grade (not the average grade):-
tr Parking spaces and turning radii are noted on site plan and conform to Development Standards,
pp.12&14
il. Construction Site (check all)s Location of all utilities and meter pits are shown on the site plan.
o Limits of disturbance construction fencing is shown on the site plan,
o I am aware that approved Staging and Construction Traffic Control Plans, as per the Manual of
Uniform Traffic Control Devices, will be necessary prior to construction.
o I am aware that a Revocable Right of Way Permit will be required prior to construction.
o Landscape plan
o lltle Report (Section B)
o Environmental Hazards (ie, rocKall, debris
flow, avalanche, wetlands, floodplain, soils)o Watercourse setbacks (if applicable)
o Trees a Labeled easements (i.e. drainage, utility,
pedestrian, etc...)o Topography o Utility locations
o Adjacent roadways labeled and edge of
asphalt for both sides of the roadway shown
for a minimum of 250' in either direction
from property.
F:\cdev\FoRMS\Permits\Plannin g\Old forms\drb_minor_alL8-28-Z007.doc Page 11 of 13
iII. Drainage (check all that apply)
o The required Valley Pan is shown on the site plan as per Development Standards, p. 12.
o (Note: Valley pan must not be heated)
tr 4 Foot Concrete Pan o I Foot Concrete Pan
o Positive and adequate drainage is maintained at all times within the proposed site.
o Culverts have been provided and are labeled and dimensioned on the site plan.
a A Hydraulic report has been provided. (As requested by Town Engineer)
IV, Erosion @ntrol (Check all that apply)
o Disturbance area is greater than one half acre.
o A separate Erosion Control Plan has been professionally engineered and PE stamped.
o Less than one half acre has been disturbed, and proper erosion control devices are shown on the site
Plan'
V. Floodplain (check all that apply)
a The project lies within or adjacent to a 100 year Floodplain.
o 100 year Floodplain is shown on the site plan.
o A Floodplain study has been provided. (Reguired if floodplain is within construction limits or as
requested by Town Engineer)
o The. project does not lie within or adjacent to a 100 year Floodplain
VI. Geological/Environmental Hazards (check all that apply)
o The project lies within a Geologi{Environmental Hazard area. (See Development Standards, p. 20)
o A Hazard Report has been provided
o The project does not lie within a Geologic/Environmental Hazard area'
VII. Grading (check all that apply)o ftisting and proposed grades/contours are provided on the site plan.
a All disturbed areas have been returned to a 2:1 grade.g All disturbed areas not returned to 2:1grade have been Professionally Engineered with slope
protection and/or stable soils. PE stamped details are provided within plans.
o Only existing contours are shown on the site plan, there is no proposed grading.
WII. Parking (check all)
u All residential and commercial parking spaces conform to the Development Standards, pp. 12&15.
il, Retaining Walls (check all that apply)
o All retaining walls conform to the standards in the Development Standards, p. 19.
D All retaining walls and combination walls over 4 feet have been Professionally Engineered and a PE
stamped detail has been provided within the plans.
o All retaining walls are shown on the site plan, with labeled top and bottom of wall elevations and type
of wall construction.o No retaining walls are required for this project.
X. Sight Distance (check all that apply)
o Proper sight distance has been attained and shown on site plan as per Development Standards, p.12.
o Proper sight distance has not been attained. Explanation why:
Additional Comments
Please provide any additional comments that pertain to Public Works Review.
Applicants Signature
F : \cdev\FORMS\Permits\Planning\old forms\drb-minor-alL8-28-2007.doc Page 12 of 13
t\\t./..1 TIWNETMV HOW DID WE RATE WITH YOU?
Please take the time to tell us how we performed during the development review process. We will use
this information to recognize our employees who serve you and we will also use it to improve our level of
service. Please know we do care and will react to your suggestions. Thank you for your comments.
George Ruther
Director of Community Development
l. What seryices did you use at Community Development today? Check all that apply
Admin- Building
-
Environmerlt
-
Fire- Housing
-
Planning
-
P.W.
2, Was your visit today as ar
u Homeowner- Contractor- Architect- Other
3. Please rate your satisfaction with the following aspects of the Community Development
Department. Use a scale from 1 to 5 where 1 means 'not at all satisfied" and 5 means 'very satisfied" to
rate each of the following items. Please use DK (Don't KnodNo Opinion) as appropriate. Please circle
Your res'onse' Not very Satisfied Satisfied
Friendly and Courteous
Knowledgeable
12345DK 12345DK
TimelyResponserCallsReturned 1 2 3 4 5 DK
OverallExperience I 2 3 4 5 DK
4, Was the review process clearly explained to you? (i.e., how the Design Review Board and/or
.Planning and Environmental Commission works, when they meet, what you need to have when you apply
for the planning and/or the building process, how long review times generally take, housing and/or
environmental health policy, etc.) YES NO
lf NO, what additional information would have been helpful?
5. Did the planning process meet your expectations? YES NO
6. Did the building permit review process meet your expectations? YES NO
7. Did the inspection process meet your expectations? YES NO
8. Did you feel the pKtcess was fair and efficient? YES NO
Please explain your response(s).
9, lf you were looking for information (i.e,, legal address file, plat map, plans, etc.) was the
information in a format that was helpful / user friendly? YES NO
10, Are you aware of thE Community Development Dept. information available at
http://www,vailqov.com? YgS NO
Thank you for taking the time to complete this evaluation. lf indicated below, we will personally contact
you on specific concerns. lf it is your desire, you may contact the director by telephoning,970479-2145.
Please feel free to use the back for additional comments.
Name:Company:
Address:Telephone:
Date:City:_ State:_ Zip Code:_
F:\cdev\FORMS\SU RVEYS\comdev_survey_o91 907.doc
fi@:'a',€? {at
*i'*****{.*r 'r.'r'ri* * *'r * r'l 'r****{.***t**ra'ti*{.t,***f ll*****************'r*************+******tl******+
TOWNOFVAIL, COLORADO Statement
*************t****{.**,t*tri.*'t*{.'tt t ti'tr*{.{r***************a**************'3*******+****a*1********
statement Number: RoSoo0o?1"8 Amount: $20.00 05/f6/2oo8f2t57 PNI
Pa)rment Method: Check
RODEEN
fnit: SAB
Notation: 1792,IEFFREY
Permit No:
Parcel No:
Site Address :
LocaEion:
This Pa)ment:
ACCOUNT ITEM LIST:
Account Code
DRB080ls5
2L01-131-0203-7
4845
'ruNIPER
I,N
qrpe ! DRB-Minor Alt, SFR/DUP
VAIIJ
'.***+*'a********{.+'f t 't *t * * * * * * {. + * * * * * * * * * {. * '} * * * * * * {' {' ,t *****{'+*************************f**{*f+*+
$20.00
Descript ion
TotaL Fees;
To!a1 AIJI, PmIS :
Balance;
$20.00
$20.00
s0.00
Current Pmts
DR 00100003 ]-12200 DESIGN RSVIEW FEES 20.o0
B,;n*" 6"
t'/ l, ar' {
ProjectName: KOMPPASrUCCO DRBNumber: DR8050382
Project Desaiption:
MIINOR DCERIOR ALTERATION TO REPUCE EXISTING WATER DAMAGED STUCCO WITH
MATCHING WOOD SIDING
Participants:
owNER KOMppA, V. MICHAEL & GLORIA 08/01/2005
47OLEL CAMINO DR
ENGLEWOOD
co 80111
APPUCANT KISKER CONSTRUCTION LTD 0e/0U2005 Phone: 926-0624
PO BOX 672
AVON
coLoRADo'81520 81632
License: 823-8
CONTMCIOR KISKER CONSTRUCION LTD 08/01/2005 Phone: 926-0624
PO BOX 672
AVON
coLoRADO'81620 81632
License: 823-8
Project Address: 4846 JUNIPER LN VAIL Location: 4846 JUNIPER I-ANE
Legal Description: Lot: 2 Block 5 Subdivlsion: BIGHORN sTH ADDmON
Parcel Number: 2101-131-0203-8
Comments: Approved per plans submifted
BOARD/STAFF ACTION
Motion By: Action: STAFFAPR
Second By!Vote: DateofApProval:08/09/2005
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s)'
Cond: 0
(P|-AN): DRB approval does not constitute a permit for building. Please consuft with
Town of Vail Building perconnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
@nd:202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Planner: George Ruther DRB Fee Paid: 92O.OO
I
J
LI-arg l\ r sKen
Minor Exterior Alterations
Application for Design Reviewl
bartment of Community Development- --
zs Soiltft Fronbge Road, Vail, Colondo 81657
tef : 970.479.2128 fax: 970'479 'zcSZ
web: www-vailgov'com
ffilr:#"t*Jn"f;""1;" review mu* reaeive approvar prior to submitting a buirdins p€rm* apprication. Please
refer to the submittal ,"quir"runs for the partiotlat upptouui ttit is *quoi"a' An application for Design Revie$'
cannot be accepted ,nUf aft ilJr"J infor*ution is riceVe-J UV tn" Cd*tunity Deviiopment Deparbnent' The
project may atso need to ue'rlliJla";t th; i-gr:rf Co,n.-n'tillot-t6t pianning and Environmental commission'
D€sign review approyal taps€s unl€ss a building p"r-i fr L""a and cinstruction commences within
Description of the
,r*ffi
one year of the aPProval'
P' -)a- cr (,,\) .l l:4,'?cl Y / UVZbUb Z.r
Locatlon of Proposal: tott Z ab.k, 5 subdivision:
Physical Address:
parcel No.: 2 /O / /3 / OJ2 3 I (Contact Eagle C-o. Assessor at 970-328-8640 for parcel no')
Name(s) of Owner(s):
Mailing Address:
t,d q
o
(rr
I p tr
D
tr
Faxt &zrZH
$50 Plus $1"00 per square foot of total sign area'
No Fee
$650 For construction of a new building or demo/rebuild'
;;00 r- i" "oJitio"
where square rootage is added-to any residenbal or
commercial building (includes 250 additions & interior aonveBions)'
$250 For minor changes to buildings and site im provements, sucn as'
re-roofing, painting, window additions, landscaping, fences and
refdining walls, etc.
$20 For minor changes to buildings and site imprcvements' such as'
rR'roofing, painting, window additions, landscaping' fences and
retaining walls' etc,
$20 io, ,"risont to plans already approved by Planning staff or the
Design Review 8oard.
No Fee
F
o
E
j Owner(s) Signature(s):
Name of Applicant:
Mailing Address:
E-mail Address:
Type of Review and Fee:
n Signs
D conceptual Revle\ /
New Construction
Addition
Minor Alteration
(m u ld-family/commercial)
Minor Alteration
(single-family/dudex)
Changes to Approved Plans
Separatlon Request
20
g" ***9,' & ur' ft:stl{1
Meains oate: ?'? -oS DRB No.:
b'l-('rsd
6S-O
t. . {l :i
at\' ."':
*t+*************.**************+******f,********+****+*+*******************J.*************1.***{.
TOWN OF VAIL, COLORADO Statement
Statement Number I R050001191 Amount: $20.00 08/O!/2OO5I1 :37 AM
Palment Method: caah rni!: ,JS
Notation: $/KISKER
CONSTRUCTION IJTD
Permit No: DRB050382 Type: DRB-Minor A1ts, SFR/DuP
Parcel No: 2101- 131- 02 03 - 8
Site Address: 4846 JUNIPER LN VATL
Location: 4845 JIJNIPER LANE
Total Fees: $20.00 This Pa]tment: $20.00 Total ALL, Pmts: $20.00 Balance: 30,00
ACCOIJNT ITEM LIST:
Account Code Description Current Ptnts
DR OO1OOOO3I722OO DESIGN REVIBW FEES 20.00
. J.rJU!.
tl i:t U-': '' . P I'|<NU ANO |- l<HI.t UKLIUHHK I
2005t i I :39Al.ll craig Kisken
'/r3 5ZC SAHU
s70e2Eo62l0'
JOTNT PROPERTYOWNER
WT'TTTEN APPROVAL LETTER
T0l14\I
A.U&utt-*<-f
v{ Fq;:oint owner of property located 6t (address/legal
I further snderstand that mlnor modificadons may be made to the plans over the course of t}e review
process to ensure compliance wi$ the Townk applicable codes and regulatlons.
description) 3331 T.a;re. / ' F'/,-A.J?F{7 ?at&. f '^ //3/@o'?< '
prDvidetiisletteraswfiRenapprovalof$lepp*a*"aMwhictrhave
been submltted to tf(e Town of Van Crmmunicy Development Dcparunenf fur the proposed lmprwemenb
to be completed at the address noted ahve- I und€rstand that the proposed lmprovemenls induEle:
P-c.
tut f, t P.2
n
27 dz'n J4os-
(Dale)
Fage 2 of 73106/o6las
,r*m
MINOR EXTERIOR ALTEMTIONS
TO BUITDINGS AND SITE IMPROVEMENTS
SUBMITTAL REQUIREMENTS
General Information:
This application is required for proposals involving minor exterior alterations and/or site improvements.
Proposals to add landscaping do not require DRB approval unless they involve the addition of patios,
water features, grading, or the addition of retaining walls.
I. SUBMITTAL REOUIREMENTS**
o Stamped Topographic Survey*' D Site and Grading Plan*a Landscape Plan*o Architectu ra I Elevations*o Exterior color and material samples and specifications.tr Architectural Floor Plans*o Lighting Plan* and Cut-sheet(s) for proposed fixtures D Title report including Schedules A & B to veriff ownership and easements*
-d Photos of the existing site and adjacent structures, where applicable,
F Written approval from a condominium association, landlord, and joint owner, if applicable o Site-specific Geological l-lazard Repo4 if applicable*D The Administrator and/or DRB may require the submission of additional plans, drawings,
specifications, samples and other materhls (including a model) if deemed neces$ry to
determine whether a project will comply with Design Guidelines or if the intent of the
proposal is not clearly indicated.
Please sabmit three (3) copies of the mateials noted with an asterisk (*).
**For interior conversions with no exterior changesf the submittal requirements include a complete set of
.existing and proposed floor plans, a title repoft, and written approval from a condominium association,
landlord, and joint owner, if applicable.
I have read and understand the above listed submittal requirements:
Project Name:
Contractor Signature_
Page 3 of 13/06/06/05
a
a
a
a
a
a
a
a
a
a
I
a
a
I
a
a
Topographic suryey:
Wet stamp and signature of a licensed surveyor
Date of survey
North arrow and graphic bar scale
Scale of 1"=10'or t"=20)
Legal description and physical address
Lot size and buildable area (buildable area excludes red hazard avalanche, slopes greater than
4Qo/o, and floodplain)
Ties to exisUng benchmark, either USGS landmark or sewer invert, This information must be
clearly stated on the survey
Property boundaries to the nearest hundredth (.01) of a foot accuracy. Distances and bearings
and a basis of bearing must be shown. Show existing pins or monuments found and their
relationship to the established corner.
Show right of way and property lines; including bearings, distances and curve information.
Indicate all easements identified on the subdivision plat and recorded against the property as
indicated in the title report. List any easement restrictions.
Spot Elevations at the edge of asphalt, along the street frontage of the property at twenty-five
foot intervals (25'), and a minimum of one spot elevations on either side of the lot.
Topographic conditions at two foot crnlour intervals
Existing trees or groups of trees having trunk with diameters of 4" or more/ as measured from a
point one foot above grade.
Rock outcroppings and other significant natural features (large boulders, intermittent streams,
etc.).
All existing improvements (including foundation walls, roof overhangs, building overhangs, etc,).
Environmental Hazards (ie. rockfall, debris flow, avalanche, wetlands, floodplain, soils)
Watercourse setbacks, if applicable (show centerline and edge of stream or creek in addition to
the required stream or creak setback)
Show all utility meter locations. including any pedestals on site or in the right-of-way adjacent to
the site. Exact location of existing utility sources and proposed service lines from their source to
the structure. Utilities to include:r Cable W r Telephone
Sewer
Water
Gas
Electric o Size and type of drainage culverts, swales, etc,r Adjacent roadways labeled and edge of asphalt for both sides of the roadway shown for a
minimum of 250' in either direction from propefi.
. Site and Grading Plan:. Scale of 1"=20'or larger . Propery and setback lines o Existing and proposed easements . Existing and proposed grades . Existing and proposed layout of buildings and other structures including decks, patios, fences and
walls. Indicate the foundation with a dashed line and the roof edge with a solid line.r All proposed roof ridge lines with proposed ridge elevations, Indicate existing and proposed
grades shown underneath all roof lines. This will be used to calculate building height.. Proposed driveways, including percent slope and spot elevations at the property line, garage slab
and as necessary along the centerline of the driveway to accurately refled grade.. A 4' wide unheated concrete pan at the edge of asphalt for driveways that exit the street in an
uphill direction.. Locations of all utilities including existing sources and proposed service lines from sources to the
structures.
Page 4 of 13/06/06/05
Buildinq Materials
PROPOSED MATERIALS
Tvpe of Material
Roof
Siding
Other Wall Materials
Fascia
Soffits
Windows
Window Trim
Doors
Door Trim
Hand or Deck Rails
Flues
Flashing
Chimneys
Trash Enclosures
Greenhouses
Retaining Walls
Exterior Lighting
Other
Notes:
Please speciff the manufacture/s name, the color name and number and attach a color chip.
Color
dln.fr>
Page 6 of r3l06l06l0s
o Proposed surface drainage on and off-site.o Location of landscaped areas.r Location of limits of disturbance fencing o Location of all required parking spaces
' Snow storage areas.. Proposed dumpster location and detail of dumpster enclosure.r Retaining walls with proposed elevations at top and bottom of walls. A detailed cross-section and
elevation drawings shall be prwided on the plan or separate sheet. Stamped engineering
drawings are required for walls between 4'and 6'feet in height.. Delineate areas to be phased and appropriate timing, if applicable
. landscape Plan:. Scale of 1" = 20' or larger . Landsope plan must be drawn at the same scale as the site plan.o Location of existing trees, 4" diameter or larger, Indicate trees to remain, to be relocated
(including new location), and to be removed. Large stands of trees may be shown (as bubble) if
the strand is not being affected by the proposed improvements and grading.. Indicate all existing ground cover and shrubs.. Detailed legend, listing the type and size (caliper for deciduous trees, height for conifers, gallon
size for shrubs and height for foundation shrubs) of all the existing and proposed plant material
including ground cover.. Delineate critical root zones for existing trees in close proximity to site grading and construction.. Indicate the location of all proposed plantings.. The location and type of existing and proposed watering systems to be employed in caring for
plant material following its installation.o Existing and proposed contour lines. Retaining walls shall be included with the top of wall and
the bottom of wall elevations noted.
. Ughting Plan:r Indicate type, location and number of fixtures,. Include height above grade, lumens output, luminous area r Attach a cut sheetfor each proposed fixture.
r REPAINTPROPOSALS
e For all proposals to repaint existing buildings, the following supplemental information is required:
. Color chip or color sample including the manufacturer name and color number(s)r Architectural elevation drawings which clearly indicate the location of proposed colors (ie. siding,
stucco, window trim, doors, fascia, soffiits, etc.)
Page 5 of 13/06/06/05
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Proiect Name: SUTPHIN ADDffiON DRB Number: DRB05018B
Project Description:
RENOVATION OF EXISTING STAIRWAY AND HOIST INSTALLATION OF NEW STAIRWAY AND
RJNICULAR CHAIR STRUCTURE
Patticipants:
owNER SUTPHTN/ EUZABETH B, 0510912005
4842 MEADOW LN
VAIL
co 81657-5473
APPUCANT MPP DESIGN SHOPPO BOX4227 O5IO9I2OO5
EDWARDS
co 81632
ProjectAddress: 4842 MEADOW LN VAIL Location:
4842 MEADOW LANE
Legal Description: Lot: 10 Block: 7 Subdivision: BIGHORN sTH ADDmoN
ParcelNumben 2101-131-0400-9
Comments:
BOARD/sTAFF ACTION
Motion By: Action: WITHDRWN
Second By:vote: Date ofApproval:
Conditions:
Cond: 8
(PLAN)t No changes to these plans may be made without the written consent of Tonn of
Vail staff and/or the appropriate review committee(s).
Cond: 0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Planner: Elisabeth Eckel DRB Fee Paidi $3OO.OO
hofTr fu
Itflo, t l!-7
ProjectName: PEC Number: PEC050046
PECType: SUTPHIN CUP
Project Description:
FINAL APPROVAL OF A CONDMONAL USE FOR THE RENOVATION OF EXSTING STAIRWAY
AND HOIST INSTALLATION OF NEW STAIRWAY AND FUNICULAR CHAIR STRUCTURE
Participants:
OWNER SUTPHIN, ELIZABETH B. 06/01/2005
4842 MEADOW LN
VAIL
co 8L657-5473
APPUCANT MPP DESIGN SHOPPO BOX4227 06/01/2005
EDWARDS
co 81632
PrcjectAddress: 4842 MEADOW LN VAIL Location:
4842 MEADOW LANE
Legal Description: Lotl 10 Block 7 Subdivision: BIGHORN 5TH ADDflON Parcel Number: 2101-131-0400-9
Comments:
BOARD/STAFF ACTION
Motion By: Actionl WITHDRWN
Second By:
Vote: Date ofApproval:
Meetang Date:
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 commiRee(s).
Cond: 300
PEC approval shall not be not become valid for 20 days following the date of
approval.
Planner: Elisabeth Eckel PEC Fee Paid: $650.00
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75 soulh lronlage road
Yail. colorado 81657
(303) 479-2138 ot 479-2L39
TO:
FROM:
DATE:
SUBJECT:
ottlce ol communlly developmenl
ALL CONTRACTORS CURRENTLYL REGISTERED WITH THE
TOWN OF VAIL
TOWN OF VAIL PUBLTC WORKS/COMMUNITY DEVEIOPMENT
MARCH 16, 1988
CONSTRUCTION PARKING & MATERIAL STORAGE
rn summary, ordinance No. 6 states that it is unlawful for any person to litter, track or deposit any soil , rock, sand., debris or material , including trash dumpsters, portable ioilets and workmen vehicles upon any street, sidewallc, alley or public p1?9e or any portion thereof" The right-of-lvay on al1 Town of Vail streets and.roads is approxinateJ-y s ft" 6ff pavemenc.This ordinance will be strictly enforced by the Torrrn of vail ng!]ic works Department. persons found violating this ordir".,""will be given a 24 hour written notice to rernove said materiar.rn the event the person so notified does not comply with the notice within the 24 hour time specified, the puutic works Department wiLr remove said urateriar at the expense of person notified- The provisions of this ordinance suirr not be appricabre to construction, maintenance or repair project,s of any street or alley or any utilities in the right-a-way.
To review ordinance No. 6 in full, please stop by the Town of vail Buitding Departrnent to obtain a copy. tirani< you for your cooperation on this mat-ter.
acknowledged
n/Relationship to Project (i.e. contractor, owner)
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AttgineeringLtd.
June 2. 1989
Mr. John N ilsson
P-O- Box 105ti
Vai1, CO 81658
Re: Ditch Capaci-ty
Lol. 2, Block S,Bighorn 5th
Project No- 89164E
Dear John:
Pursuant to your request, we have investigated the caPacity
of the existj-ng diich on Lot 2, Block 5, Bighorn 5th' This
investigation eonslsted ot comParing the caPacity of this ditch
to the culverts which are immediately upstream and downstream of
thie gection. This criteria wag established by Mr- Greg HaLl'
P.E. who is the Engineer for the Town of vail in a telephone
eonversation laet ThursdaY.
The size location and slope of the culverts was measured on
May 31, 1989 by a survev crew from this office' Their
approximate location is shown on a vicinity map on page 6 of the
computations which accompany this letter. The surveyor noted
that both culvertg were silted in at their outlets' cleaning thie
out woul-d increase their capacity, therefore, for the PurPose of
these calculati'ong, we assumed that the culverts were clean'
straight & in new condition.
The cul-vert under Juniper Lane has a ca-Lculated capacity ot
13 cubic feet per second lcfs) and the culvert under Meadow Drive
Lacfs- This assumes that no water will top the roadway- ( refer
to attached computations for details of these computations ) -
We then calculated the theoretical caPacity of the existing
ditch using mannings equation. we examined the flattest portion
of the ditch, and assumed norrnal flow & a steady gtate condition'
Based rrn theee conditions the ditch hag a capacity of 37 cfs,
which, j-s Eireater than the culverts-
Box No. 978
Avon, Colorldo 81C20
9.195072 Dcnvrr 8991531
1420 venco Streel
Lakowood, Colorado 8{r215
Phono: 2310158
Mr. John Nilsson
Ditch tJapacity
Project No- 89f64E
Page i;
You a.l-so noted that you may wish to relocate thie ditch- If you dr:, you may wi.sh to consider.a Trapezoidal channel with a 2'
wi-de flat bottom and 3. hori-zr:ntal to 1- vertical side slopes-
The depth should be at least 2-3- Thj-s channel will adequately handle the 13 cfs which is delivered by the culverts- A sketch ,:t this channel can be seen on page 3 of the computations.
I hope this provides you wrth the informaiion whieh you
requested- Thi-s analysie is of ditch capacity only and ig not a flood study- If we can provide addi-ti-onal information. pleage
eall -
S ince re Iy ,
cc: Greg Ha1l, P.E.
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APPLICATION FOR
DUPLEX SUBDIVISION REVIEt,l
A.NAME OF
MAI LING
ADDRESS
AppttcANT L, NbE't /Nrc:r.*D Dueap
@/a IorvJ Nlz-:<l,t)
Pa. Eoy losL
PHONE 3o3-476- 48Sal
8.
c.
PHONE
NAME OF
otlN ER' S
MAI LING
Ot,{NE PROPERTY ( pri nt tvpe )
SI GNATU
ADDRESS
- l/o
'6 _.b*,.)tJ te'p,J
t/Atr-,
D.LOCATION OF PROPOSAL
LOT I BLOCK 5 SUBDIVISI0N 3ic*,rrqr.,t
FEE $1oO.Oo "'-
cl( # ot
F. MATERIAL TO BE SUBMITTED
1. Two my'l ar copies of the duplex subdjvision plat follow.i ng the
reguirements of Section |7.16.f30 (C), .|,2,3,4,6,7,8,9,.|0,11,13
and l4 of the Subdivision Regulations.
2. The plat must contain the following statement:
"For zoning purposes, the two lots created by this subdjvjsion are to be treated as one entity with no more than one two-family
residence allowed on the combined areas of the two lots.,, The
statement must be modified according to the number of lots created.-'----\
/5. ,,1 n copy of the declarations and,/or covenants proposed to assure the (----'' maintenance of any common areas. The declaration and,/or covenants shal'l specifjcal'ly address the painting of the exteriors of the units so that the units wil1 be painted the same color and maintained in the same manner.
G. APPROVAL PROCESS, REVIEI.I CRITERIA
These can be found in chapter 17.24 of the Subdivision Regulat.i ons.
ax
co Stbs/
SuB FILING 5
BY E.
H. FILiNG AND RECORDING
The Department of Community Development wili be responsible for promptly
recording the plat and accompanying documents with the Eagle County Cleik
and Recorder upon Town of Vai'l approval .
/tr.tDSeV
DECI,ARATION OF COVENANTS, CONDTTIONS AND
RESTRICTIONS OF PARTY WALL AGREEI.IENT FOR FINAL PI,AT
AND RESUBDIVISION OF IST 2, BI-,OCK 5, BTGHORN
SUBDIVISION, FIFTH ADDITION
THIS DECLARATIoN is made this day of
l-99o by Lindsey/Nilsson, Development, Inc.,
Corporation hereinafter referred to as ItDeclarant.rl
WITNESSETH
WHEREAS Declarant is the owner subdivision, Fifth Addition, Town of (the Property) and
A Colorado
of Lot 2, Block 5, Bighorn Vail, Eagle County, Colorado
WIIEF€AS Declarant has constructed upon the property a duplex
residential dwelling (the Building) and
WHEREAS Declarant desires to impose covenants, conditions
and restrictions on the property
Now THEREFORE, declarant hereby declares that Lot 2, Block 5, Bighorn Subdivision, Fifth Addition, VaiI Colorado shall be held, sold and conveyed subject to the following easements,
restrictions, covenants, conditions, and obligations, which are for the purpose of protecting the value and desirability of the property, and which shal-l be appurtenant to and run with the land, and shall be binding on aI1 parties having any right, title or interest in the property or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each
owner thereof.
DEFINITIONg
Unless the context shall expressly provide otherwise the following terms strall have the foltowing meanings:
A. rrThe Propertiesrr means all of the real estate described
on Exhibit rfArr attached hereto.
B. rrl,otrr or rrBuilding Sitetr means Parcel A and Parcel B, as
shown on Exhibit rrArr together with all appurtenances. rtl,otn and trParcelr shall be used interchangably throughout this document.
c. trDuplexrr means the two (21 contiguous dwelling units constructed upon the Lot.
D. rUnitil means one of the two dwelling units comprising the rrDuplextr.
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E. rrCommon open Spacerr means conmon Parcel- C as shown on
Exhibit rrArr which shall be owned equally by both ttre owners of
the Lots, each having an undivided interest in and to the connon
Open Space.
F. rrowtlerrr means a person, persons, firm, corporation,partnership or association, or other legal entity, or any
combination thereto, owning an interest in one or both Lots.
ARTICI,E I
Description and Reservation
Every Contract of Sale, Deed, Lease, Mortgage, Trust Deed,Will or other instrument shall Iegally describe a Lot or real property i-nterest as follows.
Parcel A or B (as the case may be), together with an
undivided one-half (L/2, interest in Common Parcel C, Fina1 PIat and Resubdivision of Lot 2, Block 5, Bighorn
Subdivision, Fifth Addition according to the Plat recorded in Book , Page _r of the records of the
Clerk and Recorder of Eagle County, State of Colorado.
Every such description shall be good and sufficient for all purposes to se11, convey, transfer, encumber or otherwise effect not only the Building Site and ttre real property interest, but 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.
ARTICLE II
Property Division
1-. Attached hereto as Exhibit A is a map of the property
indicating three (3) parcels of real estate thereon; Parcel A, B,and Common Parcel C and 1ega1 descriptions of each of the parcels.
2.Declarant hereby establishes this plan for the subdivision of the Property into the aforesaid three (3) parcels
for ownership in fee sirnple consisting of Parcel A and Parcel B and the co-ownership by the individual and separate owners of Parcels A and B as co-tenants of the remaining Conmon Parcel C which commonly owned property is hereinafter defined and referenced as Common Open Space.
-2-
3. The Common Open Space shall be subject to the easernents
noted on the map and these set forth herein.
4. Parcels A and B shalL each be appurtenant to an
undivided one-half (L/2) interest in Common Parcel C and Parcel A
and B together with their undivided interest in Common Parcel C
sha11 be inseparable and may be conveyed, leased, devised or
encunbered only as such undivided interest.
5. No owner shall bring any action for partition or
division of Parcel A and B or of said lots from their appurtenant
interest in C.
6. In the event Parcels A and B are owned by the same
entities, the doctrine of merger shall not appLy.
ARTICLE III
Drivewav Easement
L. common Parcel C as described on the map is hereby
designated as a conmon driveway. There is hereby created a reciprocal easement for driveway purposes on Common Parcel C as
noted on the map.
2. The cost of maintenance of driveway including snout removal shall be shared equally by the owners of the duplex units.
ARTICLE IV
L. Partv wall Easements. Mutual reciprocal easements are hereby established, declared and granted for all party walls
between improvernents constructed on the Lots, which reciprocal
easements shall be for mutual support and shall be governed by this Declaration and more particularly the succeeding sections of this Articl-e. Every Deed, wlrether or not expressly so stating,shal1 be deemed to convey and to be subject to such reciprocal
easements.
2. General- Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the I-,ots sha1l constitute a party wa11, and, to the extent not inconsistent with the provisions of this Article, the general rules of law
regarding party walls and liability for property damage due to
negligence or willful acts or omissions shal1 apply thereto.
-3-
3. Sharinq of Repair and Maintenance. The cost of
reasonable repair and naintenance of a party wall shall be shared
by the onners equalJ-y.
4. Destruction by fire or other casualty. If a party waII is destroyed or damaged by fire or other casualty, the owners shall restore it and they shall contribute egually to the cost of restoration thereof without prejudice, however, to the right of
each owner to call for a larger contribution from the other under
any rule of law regarding liability for negligent or willful acts or omissions.
5. Weatherproofinq. Notwithstanding any other provision of this Article, an owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the cost of furnishing the necessary protection against such elernents.
5. Right to Contribution Runs with the Iand. The right of
any Owner to contribution fron the other owner under this Article strall be appurtenant to the land and sha11 pass to such Ownerrs
successors in title.
ARTICLE V
Exterior Maintenance
1. Exterior maintenance of the Units and Common Open Space including, but not linited to, paint, repair, replacement, and care for roofs, gutters, downspouts, exterior building surfaces,trees, shrubs, grass, walks, and driveway shatl be the joint
obtigation of the owners of the duplex unit. Such exterior
maintenance shall not include cleaning or replacingT glass
surfaces, doors, or exterior damage caused intentionally or negligently by an Owner, his family, guests, or invitees.Cleaning and replacing glass surfaces and doors within a particular unit shaII be the responsibility of the individual Owner. Repairs of exterior damage caused by an Owner or his
family, grrests, or invitees shall be repaired by such Owner at his expense. In the event the need for rnaintenance or repair is
caused through the willful or negligent act of the owner, his family, guests, or invitees, or if an Owner fails to replace glass surfaces, in either case, after ten (10) daysr notice from the other Owner, the other Owner shall have the right, but not the obligation, to have the repairs or maintenance performed and the cost of such rnaintenance, replacenent, or repairs shall be a lj-en on the interest of the defaulting owner which may be evidenced by a notice thereof recorded in the Eagle County
records.
2. If any Owner fails to pay its share of any cost for
maintenance, replacement, or repair of an iten described
specifically or generally in Paragraph 1 above and if the other
Owner has paid one hundred percent (l0ot) of the cost thereof,
the other owner shall have a lien on the interest of the
defaulting owner for the defaulting ownersr share which may be
evidenced by notice thereof recorded in the Eagle County records.
The debt evidenced by such lien shall be the personal obligation
of the defaulting Ovitner and the other O!'mer shall have the right
to sue to collect the debt or to foreclose the lien as a
rnortgage, the prevailing party in such action shall be entitled
to its attorneysr fees and costs. Any sun paid on behalf of a
defaulting Owner shall bear interest at the rate of eighteen percent (fBS) per annum frorn the date said sum vas paid by the
nondefaulting Owner.
ARTICLE VI
Exterior Decoration and L,andscaping
l-. The exterior decoration and landscaping of the building
including, but not liurited to, color and texture of paint, stone,
woodwork, paneling, roof materials, siding, and the current
exterior landscaping consisting of natural rnountain grasses and
trees and sodded areas shall not be changed from that originally utilized on the property and in the building without the prior
written consent of both Ohrners. The color of draperies, shades or curtains visible from outside the building shall be the personal taste of the separate owners but shall be nraintained in
a clean and neat fashion in harmony with the surroundings.
ARTICLE VII
Utilities
Lots A and B have separate water, selrer, electric and
telephone and cable T. v. and billings for each service shall be the individual obligation of the owner to whom the services were
rendered.
ARTICI,E VIII
Architectural-Aesthetic Control
l-. No exterior additions or alterations to any exterior
improvements, landscaping or _changes in fences, walls or other
structures, shall be conmenced. erected or rnaintained until and
unless the plans and specifications showing the nature, kind'
shape, heights, rnaterials, floor plans, exterior color scherne and
location of such structure and the grading plan and finished
grade elevations of the site to be built upon shall have been
subrnitted to and approved in writing by each of ttre owners. Each
Owner shall have the right to refuse to approve any such plans or
specifications for grading or landscaping the lands which are not suitable or desirable in his opinion, for aesthetic or other
reasons, and in so passing upon such plans, specifications, and
grading and landscaping plans, the ottners shall have the right to
take into consideration the suitability of ttre proposed building or other improvernent and of the materials of which it is to be buiLt, the site upon which it is proposed to erect the same, the
harmony thereof with the surroundings, the topography of the land
and the effect of the residence structure or other improvements
as proposed on the adjacent or neighboring property and with the general residence plan of the properties.AlL subseguent
additions to or changes or alterations in any residence, fence,wall or other structure, including exterior scheme and all
subsequent additions to or changes or alterations in any grading
or landscaping plans shall be subject to the pr5-or written
approval of both owners.
2. Fencing landscaping, exterior maintenance, and other
improvernents erected or placed by Declarant at its expense, shall
thereafter be maintained by the Owners equally.
3. No exterior mounted radio, short wave or television or other type of antenna shall be perrnitted except on an interior roof, the elevation of which is lower than the surrounding roof so that such antenna installation is not visible from any other sites, from the Common Open Space and from the streets.
4. No tanks of any kind, either elevated or buried, shall
be erected, place or perrnitted upon any site, except those initially installed by Declarant, if dDy, or upon written
approval of the owners.
5. No clotheslines or incinerators shall be pernitted or
uraintained on the Properties.
6. A11 storage piles, equipment, furniture, tools and other personal property shall be concealed from view frorn any other sites, fron the Cornmon Open Space and from the streets.
7. Any fences furnished and installed by the Declarant may not be removed.
8. No nobile home, shack, detached garage, barn or out building of any kind shall be permitted on the Properties.
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ARTICLE IX
Easements
L. Reciprocal Easernents. The Declarant hereby reserves for
itself, its successors and assigns, a right of way and easement for the installation and continued operation, maintenance,repair, alteration, inspection and replacement of utility lines,including, but not limited to, water lines, sewer lines, gas
lines, telephone lines, television cable, antenna lines and such
other utility lines and incidental equipment thereon, over, under
and across that portion of any site, building site, or the
Properties, situate between any residence and the street adjacent thereto. Perpetual reciprocal easernents for the continuance and
maintenance of said aforenentioned utility lines shall exist both for the benefit and burden of both of the owners of residences situate within the properties.
2. If any utility line referred to in this Article is
destroyed or damaged, the owners shall cause the same to be
restored forthwithi subject, however, to the right of any owner to damages from another Owner under any rule of law regarding liability for negligent or witlful acts or omissions.
Notwithstanding any other provision in this Declaration, an owner
who by his negligence or willful act causes danages to such utility line or lines shall bear the cost of restoration thereof,
and any other darnages allowed by law, The right of any owner to contribution or damages from any other Olrner shall be appurtenant to the land and shall pass to such ownerrs successor in title.
3. If any portion of the building encroaches upon either Lot, a valid easement therefore shall exist for the encroachment
and for the maintenance thereof. In the event the building is partially or totally destroyed and then rebuilt, minor
encroachment of parts of the building due to construction shall
be permitted and valid easement therefore and for the naintenance thereof shall exist.
4. Each Lot and the Common Open Space shall be subject to an easement in favor of the o\rners, including their agents,employees, and contractors for providing the maintenance
described in Article IX hereof.
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ARTICLE X
Insurance
1-. The owners jointly or each owner independently of the
other o!"ner (but then shall also name the other Owner as an
insured as his interests appear), shall obtain and maintain at all times insurance of the type and kind bereinafter provided: A policy of property insurance in an amount egual to the fu11
replacement value (i.e. loOt of current trreplacernent costrr
exclusive of land, and other iteurs nonnally excluded frorn
coverage) of the improvements located on each Lot with an rrAgreed
Amount Endorseruentrt or its equivalent, such insurance to afford protection against at least the following:
a. loss or danage by fire and other hazards covered by
the standard extended coverage endorsernent, and for debris
removal , cost of denolition, vandalism, malicious mischief,
windstorm, and water danage; and
b. such other risks as shall customarily be covered with respect to projects similar in construction, Iocation and
use.
2. Other Insurance to be Maintained by Owners. Insurance
coverage on the furnishings and other itens of personal property
belonging to an Ordner and public liability insurance coverage within each Unit and upon each Lot shalt be the responsibility of the Owner thereof.
3. Insurance on Conmon Open Space. The Olrners shall maintain insurance covering all improvements located or constructed upon the Common Open Space. The Owners shall maintain the foltowing types of insurance on the improvements
located on the Common Open Space:
(a) A policy of property insurance in an amount equal
to ttre full replacement value (i.e. 100* of current rrreplacement
costrr exclusive of land, excavation and other items normally
excluded from coverage) of the inprovements located on comnon
Open Space with an rrAgreed Anount Endorsementrr or its equivalent,a trDemoLition Endorsementtr or its eguivalent, and if necessary,an |tlncreased Cost of Construction Endorsementrr or rrContingent
Liability from Operating of Building Laws Endorsementrr or the equivalent, such insurance to afford protectj-on against at least the following:
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I. loss or damage by fire and other hazards
covered by the standard extended coverage endorsenent and by
sprinkler leakage, debris rernoval , cost of denolition, vandalism,
malicious mischief, windstorm and water danagei and
II. such other risks as shall customarily be
covered with respect to projects sinilar in construction,
location and use.
(b)A comprehensive policy of public liability
insurance covering all of the corunon Open space insuring the
owners in an amount not less than one Hundred Thousand Dollars ($r00,000.00) covering all claims for personal injury and/or property damage arising out of a single occurrence, such coveraqte to include protection against water danage liability, liability for non-owned and hired autourobiles, liability for property of others, and, if applicable, garagekeeperrs liability, host liquor Iiability and other risks as shall customarily be covered with
respect to projects similar in construction, location and use.
(c) A11 such policies of insurance shall contain waivers of subrogation and waivers of any defense based on invalidity arising fron any acts of an owner and shall provide that the poticies may not be cancelled or substantially rnodified without at teast ten (10) days prior written notice to all insured, including the nortgagees of any Lot.Duplicate originals of all policies and renewals thereof, together with proof of payrnent of preniums shalt be delivered to any first
mortgagee of any Lot upon written request. The insurance shall be carried in blanket forns naming both the Ohrners as the
insured.
4. ReaBpraisal . The owners sha1l, at least every year,
obtain an appraisal for insurance purposes which shall be
rnaintained as a permanent record, showing that the insurance in any year represents one hundred percent (f-00*) of the full
replacement value of the improvernents on each Lot and for the insurable Comnon Open Space.
5. Notice of Damaqe. The Owners shall notify each first
mortgagee of a Lot whenever: (1) damage to any improvement on a
Lot exceeds one Thousand Dollars (S1,000.00), and (2) damage to the Common Open Space and the improvements situated thereon
exceeds Ten Thousand Dollars ($l-o,ooo.oo). Said notification shall be delivered within twenty (2o) days after the event
causing the damage.
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ARTTCLE XI
Damaqe or Destruction
1. Destruction of Improvernents on Lot
(a) In the event of damage or destruction to a horne
due to fire or other disaster, the insurance proceeds, if
sufficient to reconstruct the trome, shall be deposited into a
bank account which requires, for withdrawals, the signatures of
both the onners. The Owners shall then promptly authorize the
necessary repair and reconstruction ltork and the insurance
proceeds will be applied by the owners to defray the cost
thereof . rrRepair and Reconstructionrr of the hornes, as used
herein, neans restoring the improvements to substantially the
same condition in which they existed prior to the damage with
each hone having the same boundaries as before.
(b) If the insurance proceeds are insufficient to
repair and reconstruct any damaged home, such darnage or
destruction shall be promptly repaired and reconstructed by the
owner using the insurance proceeds and the proceeds of a special
assessment against the Owners of the damaged hornes. Any such
assessnents shall be equal to the amount by which the cost of
reconstruction or repair of the home exceeds the sum of the
insurance proceeds aLlocable to such home. Such assessment shall
be due and payable not later than forty-five (45) days after
written notice thereof. The special assessment provided for herein shall be a debt of each Owner and a lien on his Lot and
the improvenents hereon and may be enforced and collected by
foreclosure proceedings in the Courts.
(c) Notwithstanding the above, the Owners and first
mortgagees of any or all of the destroyed or damaged homes rnay
agree that the destroyed or damaged homes shall forthwith be
demolished and all debris and rubble caused by such denolition be
removed and the Lot(s) regraded and landscaped. The cost of such
landscaping and denolition work shall be paid for by any and all insurance proceeds available. Any excess insurance proceeds
shall then be disbursed to such Owners and their first rnortgagees jointly.
2. Damacre to Common Open Space. In the event of darnage or destruction to all or a portion of the Common Open Space due to fire or other disaster, the insurance proceeds if sufficient to reconstruct or repair the darnage, shall be applied by the owners to such reconstruction and repair. If the insurance proceeds
with respect to such common Open Space damage or destruction are insufficient to repair and reconstruct the damage or destroyed
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Common open Space, the ovmers shall consider a special
assessrnent. If such assessment is approved by each Ownerr the
owners shall make such assessment and proceed to make such
repairs or reconstruction. If such assessment is not approved,
the insurance proceeds may be applied in accordance with the
wishes of the onners, except that the proceeds sha1l not be
distributed to the owners, unless nade jointly payable to owners
and the first rnortgagees of their respective Lots, if any. The
assessrnents as to each Ovmer and Lot shall be equal to the
assessment against every other osner and Lot. Suctr assessment shall be due and payable not sooner than thirty (30) days after
written notice thereof. The assessment provided for herein shall be a debt of each Owner and a lien on his I.ot and the
improvernents thereon and may be enforced and collected by
foreclosure proceedings in the Courts.
ARTICLE XII
Common open Space
1. Ownersr Easements of ouiet Eniovment. Every Orvner shall
have a right and easement of guiet enjoynent in and to the common
Open Space which shall be appurtenant to and shalt pass with the title to every Lot, subject to the following provisions:
(a) the right of the owners to dedicate, sel1 or transfer all or any part of the common Open Space to any public
agency, authority or utility for such purposes and subject to
such conditions as may be agreed upon by all the Owners and first
mortgagees,
(b) any owner rnay delegate his right of enjoynent to the conmon open space and facilities to the members of his fanily, his tenants, or contract purchasers who reside on the property, and
(c) ownershj-p of each lot shall entitle the owner or
owners thereof to the use of not more than two (2) automobile parking spaces, which shall be as near and convenient to said Lot as reasonably possible, together with the right of ingress and
egress in and upon said parlring area.
(d) except as hereinabove provided, the Common Open
Space shall not be sold, abandoned, subdivided, hypothecated,transferred or otherwise encumbered by the Orirners without the written consent and approval of both owners and alt first
mortgagees.
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L.
ARTICLS XIII
llaintenance Assessments
Creation of the Lien and Personal oblicration of
Assessments. The Declarant for both Lots owned by lt within the properti.es hereby covenants and each owner of each L'ot by
acceptance of a Deed therefore, whether or not it shall be so
expressed in any such Deed or other conveyance, be deemed to
covenant and agree to pay ttre annual assessrnents or ctrarges. The
annual assessment. together with such interest thereon, and costs of collection thereof as hereinafter provided, shall be a charge
on the land and shall be a continuing lien upon the property
against which each such assessment is made.Each such
assessment, together with such interest thereon and cost of collection thereof as hereinafter provided. shaLl also be the personal obligation of the person who was the ohlner of such property at the tine shen the assessment fell due, The total
assessnents shall be charged one-half (L/2) to each Lot.
2. Purpose of Assessments.
Common Open Space. The assessments tevied by the
owners strall be used for the purpose of pronoting the recreation,health, safety and welfare of both owners of the Lots and in particular for the improvement and maintenance of properties,
services, and facilities devoted to this purpose and related to the use and enjoyment of the Common Open space and easement areas, including, but not linited to the palnaent of taxes and
insurance thereon, repair, replacement and additions thereto, and for the cost of labor, eguipment, materials, managenent and
supervision thereof.
3. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the owners
rnay levy, in any assessment year, a special assessment applicable to that year only for tlre purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or
replacement of a capital improvement upon the Common Open Space,including fixtures and personal property related thereto.
4. Basis and Pavment of Assessrnents.
(a) The annual assessment with respect to Parcels A and B within the Properties shall be estimated by the owners prior to the beginning of each year or fiscal year and the
assessment shall be payable in advance in egual guarterly or nonthly installnents as determined by the Owners.
assessments made shall be based upon the estimated cash
-L2-
The
requirements deened to be such aggregate sum as is detennined to
be paid by both of the O!'tners in order to provide for payment of
aII estimated expenses consistent with the purposes set forth in
the Declaration including any deficit.
(b) The Ohmers shall deternine from time to tine
during the course of an ensuing year whether a deficit or surplus
exists or will result based upon its current estimate and shall
make appropriate revision thereof. A deficit shall be borne by
both owners and shall be reflected in the next quarterly
installment to be paid by the owners.
(c) Written notice of installments and the amount
thereof shall be sent to both owners and such installments shal1
be due and payable on or before the tenth (lOth) day of the next
month. The owners are empowered to assess a late charge of not
more than ten percent (l-ot) of the amount of each delinguent
installment.
5. AII assessnents shall be fixed at a uniform rate for
both sites.
6, The annual assessment (or revised assessrnent, including
any deficit) and other separate charges provided in this
Declaration (hereinafter referred to as rrassessments'r) shall be a
ctrarge on the entire real property interest of each Ortner and
shall be a continuing lien upon such real property interest against which each assessment is made and such continuing lien shall be superior to aII other liens and encumbrances except only for (i) taxes and special assessment liens, on the real property
interest in favor of Eagle County, Colorado or any assessing unit, and (ii) except as provided in Paragraph 8 below.
Upon the failure of an owner to pay one or more installments of the annual assessment, the other ohrner shall assume and pay
the unpaid indebtedness, then imnediately notify by registered rnail the defaulting Owner including a full legal description of
his property interest and the action taken. Such Notice shall be
signed by the non-defauJ.ting ohrner and shall be recorded in the Office of the C1erk and Recorder of Eagle County, Colorado. Such
lien for the cornmon expenses sha1l attach from the date of the
faiture of paynent of the assessment. Such lien rnay thereafter be enforced by the foreclosure of the defaulting Ownerrs real property interest by the other owner in l-ike manner as a mortgage on real property subsequent to the recording of the Notice of Lien. In any such Notice of Lien proceedings the defaulting
owner shall be required to pay the costs, expenses and reasonable attorneyrs fees in an amount not less than seventy five dollars
-L3-
($75.00) incurred for filing the lien, and in the event that a
foreclosure proceeding is subseguently brought, the additional
costs, expenses and the amount incurred for reasonable attorneyrs
fees shall be paid by the defaulting or,rner. The Owner of the
real property interest being foreclosed shall be required to pay
the subsequently accrued and accruing nonthly installments
(assessments) during the period of foreclosure. The other Owner
sha1l have the power to bid in the real property interest at
foreclosure or other legal sale and to acguire and hold, lease,
mortgage, convey or otherwise deal with the same.
Any encurnbrancer holding a lien on a real property interest
may pay, but shall not be required to pay, any unpaid assessments payable with respect thereto, and upon such paynent such
encumbrancer shall have a lien on such real property interest for
the amounts paid of the same rank as the lien of his encurnbrance.
upon the reguest of a first mortgagee of any site, the owners shall report to such first urortgagee any unpaid assessments or other defaults under the terms of this Declaration which are not
cured by said mortgageers mortgagor within (30) days after the
date of default.
7. Ownerrs Personal Obligration for Payment of Assessments.
The amount of the assessment shall be the personal and individual debt of the Owner thereof, No Owner may exempt himself from the liability for the assessment by waiver of the use or enjolrurent of the Common Open Spaces or by abandonment of his real property
interest.In the event of default in the palment of an
assessment installment, the owner shall be obligated to pay
interest at the rate of eighteen percent (L88) per annum of the
amount of the installrnent from due date thereof, together with aII costs and expenses, including attorneyrs fees incurred,together with late charges. Suit to recover a money judgenent
for unpaid common expenses may be maintainable without foreclosing or waiving the lien securing same.
8. Assessment Certificate. The owners shall, upon request of any owner, rnortgagee or contract purchaser, issue its certificate certifying whether or not assessment installnents with respect to any site or real property interest have been paid
or if they are in arrears, oEr if in arrears, the total amount
owning as of the date of the certificate. Such certificates shall be conclusive evidence thereof in favor of any third person
relying therein in good faith, and the owner shall not be held liable for such disctosure or error therein.
9. Subordination of the Lien to Mortqacres. The lien of the
assessments provided for herein shall be subordinate to the lien
-L4-
of any first nortgagee. Sale or transfer of any site shall not affect the assessment lien. Hohrever, the sale or transfer of any
site as a result of court foreclosure of a mortgage' foreclosure
through the Public Trustee, or any proceeding in lieu of
foreclosure, shall extinguish the lien of such assessments as to
palmrents thereof which became due prior to such sale or transfer,but shall not relieve any former owner of personal liability therefore. No sale or transfer shall relieve such site from
liability for any assessments thereafter beconring due or fron the lien thereof.
ARTICLE XIV
Administration and Manacrement
L. Both ownerrs Responsible - Ultimate Control Resolution.
Both Lot owners shall be jointly responsible for the
administration and management of the obligations created
hereunder. However, in the event bottr oqtners cannot mutually
agree when a decision is reguired by this Declaration, the
irnpasse shall be resolved as follows:(a) Decision required in even numbered year:
ownerr decision is binding.(b) Decision reguired in odd numbered year:
ownerrs decision is binding.
Lot 2A
Lot 28
2. override. In the event an Owner believes, based on the
standard of the reasonabl-e man, (i) that an impasse decision has
been rnade incorrectly or contrary to the Declaration or (ii) that the owner in ultirnate control is guilty of mis- or non-feasance with respect to this Declaration then the aggrieved owner shall petition the Eagle County District Court for a judicial
determination of the controversy which decision shall be binding
upon both Owners. The Court may assess costs and any reasonable attorney fees as rnay have been incurred by the parties based upon the merits of the case.
ARTTCLE XV
Riqht of First Refusal
1. In the event that the Owner of either Lot A or B elects to sell, transfer or convey his Lot or any interest therein,excluding (i) the creation of a lien or encumbrance, ii) a
transfer by gift, devise, descent or by operation of law upon the
death of a joint tenant, or (iii) the grant of a leasehold interest of three (3) years or less not containing an option to
purchase or,
-L5-
In the event that the Owner of either l-,ot receives a bona
fide offer to purchase his L,ot or any interest therein, as
aforesaid, frorn a third PartY, said owner shall give written
notice thereof to the o!'tner of the other Lot (rtAdjoining ownerrr),
who sha1l have ten (10) days from the tirne such notice is given
to agree in writing to acquire the said Lot upon the same terms
and conditions as set forth in the said bona fide offer.
2. In the event that the Adjoining owner shall fail to
agree to acguire the said Lot within ten (10) days, as aforesa-id,
then the Owner shall be free to accept the offer of said third party and convey his I,ot free form any claim of the Adjoining
Owner.
3. For the purpose thereof written notice is deemed to have
been given if it is personally served upon the Adjoining owner
pursuant to RuIe 4 of the Colorado Rules of Civil Procedure, as it exists upon the date hereof, which RuIe is incorporated herein
by this reference, or in the alternative when the same has been
placed in the United States Mails, Certified Mail, Return Receipt
Requested, Postage prepaid thereon, addressed to the Adjoining
Owner.
ARTICLE XVI
Condemnation
Condernnation. If at any tirne or times during the
continuance of ownership pursuant to this Declaration all or any part of the Common open space shal,l be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions of this Article shall apply:
(a) Proceeds. All compensation, damages or other
proceeds therefrom, the sum of which is hereinafter called the rrCondemnation Awardrr shall be payable egually to the owners.
(b) Complete Takinq.In the event that all of the
common open Space taken or condernned, oE sold or otherwise
disposed or, in lieu of or in avoidance thereof, the Condemnation
Award shall be apportioned among the owners egually and payment
of said apportioned amount shall be made payable to the owner and
the first rnortgagee of his Lot jointly.
(c) Partial Takincr. In the event that less than the entire Common Open Space is taken or condemned, or sold or
otherwise disposed of in lieu of or in avoidance thereof, ttre
-l_6-
Condemnation Award shall first be applied by the owners to the
rebuilding and replacement of those improvements on the Common
open space danaged or taken by the condemning pubtic authority,
unless both of the Owners and the first mortgagees of each Lot
agree otherwise. Any surplus of the award or other portion
thereof not used for rebuilding the replacement shall be used by
the owners for ttre future maj-ntenance of the Common Open sPace
and exterior naintenance of the Duplex situated on each Lot.
ARTICLE XVII
Terrnination of Mechanie ! s r,ien Ricrhts -- Indennif ication
No labor performed or materials furnished and incorporated into a Unit with the consent or at the request of the O!,rner of
such Unit, his Agent, his contractor or subcontractor shall be
the basis for filing of a lien against the common oPen Space or
against a Unit or any other Unit owner who did not expressly
consent to or request the services or rnaterials. Each owner
shall indernnify and hold harmless the other oltner from and
against all liability arising frorn the claim of any lien against the Unit of another or against the cornmon open Space for
construction performed or for labor, materialsr services or other
products incorporated in a Unit upon the consent or request of
such Unitrs owner.
ARTICLE XVIII
separate Assessment and Taxation -- Notice to Assessor
Declarant shall give written notice to the Eagle County
Assessor of the creation of the real property ownership units
defined herein and taxation shall be as follows: Lot 2A and 28'
each together with its undivided one-half (L/2t interest in
comnon Parcel C shall each be deemed a separate taxation parcel ,subject to separate assessnent and ad valoren taxation.
ARTICLE XTX
General Conditions, Stipulations and Protective Covenants
The following general conditions, stipulations and
protective covenants are hereby inposed upon the Properties.
-L7-
1. Except for the business of the Declarant in connection
with the development of the properties, no trade, business or
activity shall be conducted, carried out or practiced on any Lot
or in a residence constructed thereon, and the Oltner of said Lot
sha1l not suffer or pernit any residence erected thereon to be
used or ernployed for iny Purpose that will constitute a nuisance
in law or -that will detract from the residential value of said
Lot or the other Lots.
2. The covenants and restrictions of this Declaration shall
run with and bind the Properties and shall inure to the benefit
of and be enforceable by the owner of any Lot subject to this
Declaration, their respective lega1 representatives, heirs,
successors and assigns, for a term of twenty (20) years from the
date this Declaration is recorded, after which tine said
covenants shalt be automaticalty extended for successive periods
of ten (10) years. The covenants and restrictions of the
Declaration may be amended by an instrument signed by both of the
Lot owners, and in all cases by one hundred percent (l-00t) of the
first mortgagees of record. Any amendment must be properly
recorded. No part of the Declaration may be amended in such a
manner that it will adversely affect the existing right of any
owner or rnortgagee with particular respect, but not limited to,
party walls, unpaid assessments or the lien of any mortgagee.
3. Enforcernent of these covenants, restrictions and other
provisions shall be by an owner by any proceeding at law or in
equity against any person or persons violating or atternpting to
violate any covenant or restriction, either to restrain violation
and/or recover darnages and against the Properties to enforce any
lien created by these covenants. The omission or failure of any
owner to enforce any covenant or restriction set forth in this
Declaration shall in no event be deemed a waiver of the right to
do so thereafter.
4. If any of the provisions of this Declaration or any
paragraph, sentence, clause, phrase or word, or the application
thereof in any circumstance be invalidated, such invalidity sha11
not affect the validity of the remainder of this Declaration, and
the application of any such provision, paragraph, sentence,
clause, phrase or word in any other circumstances shall not be
affected thereby.
5. Whenever used herein, unless the context shall otherwise
provide, the singular number shall include the plural, the plural
the singular, and the use of any gender shall include all
genders.
6. The books and records kept pursuant to this Declaration
shall be open to inspection by each owner and his mortgagee at
any time during reasonable business hours.
-1.8-
7. Declarant and all subsequent owners of any interest in
the Property by accepting a Deed to any interest thereto waive
the homestead exemption or any other exemption of the laws of the
state of Colorado or any federal law only as it relates to any
lien filed by any ohtner pursuant to this Declaration other wise,
such exceptions are not hereby waived.
8. Each owner shal1 register his nailing address with the
other owner and all notices or denands intended to be served upon
eittrer owner shall be sent by certified urail, postage prepaid,
addressed in the name of the Owner at such registered nailing
address. In the alternative, notices nay be delivered if in
writing personally to owners. Prospective purchasers of Units
shall be entitled to determine if a selling owner is in default
with respect to any maintenance obligation or any other
obligation under these covenants by delivering a written inquiry
with respect thereto to the Owner of the other Unit. If no
response is received to such inguiry within (1o) days of the date
said notice is received, the non-selling owner shall be deemed to
have waived any clairn of lien or clairn for damages. The
existence of a recorded notice of lien, however, shall constitute
notice to a prospective purchaser of a claim by an ovtner of the
other Unit, and sha}l not be affected by the foregoing reguest
for infornation.
9. Any first mortgagee of any site within the property nay jointly or singularly pay any taxes or other charges which are in
default and which may or have become a charge against the
Properties and may pay overdue premiums for trazard insurance
policies or secure new hazard insurance coverage on the lapse of
such policy for such Properties and any first mortgagee upon the
rnaking of such payment shall be irnmediately owed reimbursernent
therefor from the Owner.
IN WITNESS WHEREoF the Declarant has set their hands the day
and year first above written.
LINDSEY/NTLSSON DEVET,oPMENT, rNC.
A colorado Corporation
Douglas H. Lindsey, Pres.
-L9-
Prolect Application t-
Date J, /7'Y1
Proiect Name:
Phone
Proiect Description:
Contact Person and
Owner, Address and Phone:
Architect, Address and Phone:
Legal Description: Lot Block 5 ririnoBslmx 5( ,zon" P/<
Comments:
Design Review Board
Date
Motion by:
Seconded by:
APPROVAL DISAPPROVAL
Summary:
Stalf Approval
I
'l
VACATION AND ABANDONMENT OF DASEMENT
This vacaEion and abandonmenE of easement is made this $Yaav of.
duu- ' 1989, by the Town of Vai1, a colorado munici-pal corporaEion (Ehe
ttTowntt) and Lindsey/Nilsson Developdent, Inc. (the t'owner,').
WHEITUAS, a cerEain easemenE on Ehe recorded plat of Bighorn Subdivision,
Fifth Addition, more fu1ly descri-bed on Exhibit "A" attached hereEo and
'incorporated herein by reference (the r?easemenE"), is currenEly encumberlng
'a certain parcel of real estate (the "property'r) more ful1y described as
follows:
LoE 2, Block 5, Bighorn Subdivision, Fifth AddiEion,Tom of Vai1, Eagle County, Colorado, and
WHEREAS ' Ehe easemenE allows Ehe Tom the use thereof for the consErucrion,
maintenance and reconstruction of naEural drainage ways; and uEilities,
WHEREAS ' the easement i,s noE present.ly used for consErucgion, maintenance
and reconstrucEion of act.ual drainage ways, and utili,ties,
I,'THEREAS, neither Ehe owner nor the Town reali.ze any benef i.cial use in
allowing Ehe easemenE Eo remain;
ua oe o.a
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I
t0 Lrt i F1 Fl Olrr;NZ i sz i $I I aa l f "l I
NOW, THEREFORE, IN CONSIDEMTION OF TEN DOLLARS, ThE
and promises conEalned herein and oEher good and valuable
receipt and sufficiency of which is hereby acknowledged by
the Town and the oerner covenant and agree as follows:
1. The Town, on behalf of itself, iEs successors and
instrunent hereby forever abandons, vacates, releases and
easement and hereby conveys all the right, EiEle, inEeresc
mutual coverranCs
consideraEion Lhe
Ehe parEies hereto,
assigns, by this
terminates the
in and Eo the
ce
easement to the ol^rner.
2. The ovmer hereby accepcs and raEifies Ehe vacaEion, abandonment,
release, Eermination and granE of the easement.
3. This vacaEion shal1 be binding upon and inure to the benefic of che
Tovm and of the or^mer and their respeccive successors and assigns.
EXECUTED ON THE DATE AND YEAR FIRST ABOVE WRITTEN.
municipal corporation
Rondall V.llips, Town
-L-/';r,
tt
-2-
STATE OF COLORADO
COIJNTY OF EACLE
\
) ss.
)
'/ t-. . n s 1989, by Kent R. Rose, Mayor of the Town of Vaj-l,- ;71fkL
Colorado and Rondall V. Phillios. Town Manager of the Town of VaIl' Colorado
Clerk of the Town of Vail,
The foregoing instrumenc rras acknowledged before me this J2 U- day of
ss.
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COTfiTC OF EAGLE
'',. ''l 'rh" foregoing lnstrument was acknowledged before me this /qft day of
, 1989, by LINDSEY/NILSSON DEVELOPMENT, INC., Douglas I{.
Wltness nv hand and official
My comnission expires:
n/1 '
Llndsey, PresidenE.
LINDSEY/NILSSON DEVELOPUENT, INC.
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!]XI{IBLT A
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4fl4(!79 B-5O7 P-897 tilF,/te/gg t?e49
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EASEMENT DEED
KNOW ALL MEN BY TTESE PRESENTS:
LINDSEY/NILSSON DEVELOPMENT, INC. (hereinafter referred to as 'rGrantor"),for TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt
of which 5"s hereby acknowledged, has granted, bargained, sold and conveyed, and
by these presents does grant, bargain, sel1, convey and confirm unto the TOWN
OF VAIL, a Colorado Municipal Corporation, whose 1egal address is 75 South
Frontage Road, Vail, Colorado 81657 (hereinafter ref ened to as 'rGranteet'), Ehe
following real property situated in the Counfy of Eag1e, Stafe of Colorado, to
Ttit :
A perpetual- non-excluslve easement over the. property described
on the attached Exhibit "A", for the purpose of utility and
drainage access.
TO IIAVE AND TO IIOLD the real property interest above bargained and
described with appurtenances, unto Che Grantee, lts heirs, successors and
assigns forever. And the GranEor, for himself, his successors and assigns,
covenants, grants, bargains and agrees to and with the GranEee, its heirs,
successors and assj-gns, does hereby grant, bargain, sell and convey the same in
manner and form as aforesaid, subJect to those 1lens, taxes, assessments and
encumbrances of record, if any; said above bargained and described real
property intere€E to remain in the quiet and peaceable possession of Grantee,its heirs, successors and assigns, against all and every person or persona
lawfu11y claim:ing or to cla{m the whole or any part thereof, by or through
the Grantor, which Grantor shal1 and will WARMNT AND FOREVER DEFEND.
Acceptance of this easement by Grantee shall constitute its agreement
and consent as follows:
1.The Grantee sha11 maintain the area of the easement that ls on
Che exEerior of lhe north property line. The Grantor sha11
mainEain Ehe porEion of ttle easement on the interior of the
north property line.
At such time and in the event that the easement described
herein shal1 be abandoned, Granteers real property interest
in the easement shall revert to and be thereafter merged
with the servient estate.
gf
H
f oregoing
:
day
H.
Signed and delj.vered on rhis fi! day of fu4 , 1989.-----------i-
GRANTOR
)
) ss.
)
Easement
,1989,of
Lindsey, President.
Witness my hand and official seal.
Deed was acknowledged before ne C.his
by Lindsey/Nilsson DevelopmenL, Inc. ,
ilssom Dev
My Connnissi " "*ort"" {4r1?
EXHIBIT A
LEGAL DESCRTPTION - UTII-lTY
4A4AAA B-5O7 p-Agg e6/r?/As 1pr57 trGaoFe
''. . .,r'. "'
'..: : .., -,.. '.',i
"'ti.:-
1":-,-.i.'-:- ;!:.':".'.'i ' ,1.1':')a: ".('J' "-' r'*'-t J . 'aeeinnins . at a :point on ttri .south ipioperfr; .11T: _?1i5.:!-,1:.iii,i,.,Block 5r. Bighorn .Subclivision'' Fitth:.Addition','saicl lP?llii:ttolti':.'.-;I.;;
crl tJ
DATE: 5'/0,t?
LEGAL DESERTPTTOI_ :- LoT- 2-
ZONE CHECK
FOR
SFR, R, R P/S ZONE DISTRICTS
20'
15'
15'
(30)(s0)
..1112
L07a t'S zeyn.J
(300) (600)
(eoo)( 1200)
(50 ) (1oo )
(25)(so)
( 2oo ) (4oo )
Block 5 Filing B,sAoury 5 4A
PROPOSED USE
LOT SIZE
Hei ght
Total GRFA
Primary GRFA
Secondary GRFA
Setbacks: Front
Si des
Rea r
I'later Course
Slte Coverase Ctd
Landscapi ng
Fence/Retai ni.ng hlal I Herlghts
Parki ng
Credits: Garage
Mechani cal
Ai rl ock
Storage
Solar Heat
Drive: Slope Permitted
Envi ronmental /Hazards :
Proposed
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1101 r'11'/z'- 1153'/z
2664
l'710 * 11//z= 1'.177t/z
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t/
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6'j)gD,@,r)O')=€rD
€7I"i\
ED €o\
Q')
Qoo])
G')
87"Slope Actual Z Y?o
Avalanche N/n
Flood Plain w/n
Slope ry/R
l.Jetl ands
Geol og i c
Comnents:
ARCH I TECT
zot'tE otst Phon"
Al I owed
@@
1476
2677
l'l?7
Hazards u/n
Zoning: Approved/Disapproved
Date:
ffi
APPLICATION DATE:
OF t)RB I4EETIIIG:
DRB APPLICATION
*****THIS APPLICATION l,JILL IIOT 8E ACCEPTED UNTIL ALL INFORMATION
be resoived befo.re a building permit js issued.
A. PROJECT DESCRIPTION:
I. PRE-APPLICATI0N MEEIING: ..' '
A pre-application meeting with a planning staff member.is strongly suggested to . determine if any additionai infonnat'i on is needed. No applicat'i on wjll be accepted
unless it is compl'ete (must include ail items requjred by the zoning administrator).
It is the applicant's responsibility to make an appointnent with the staff to find
out about additionai submittal requirements. Please note that a COMPLETE applica- r tion rvil'l streamljne the approvai process for your proiect by decreasing the number
of conditions of approval that the DRB may st'ipulate. ALL conditions of,approval m of conditions of approval that the DRB may st'ipulate. ALL conditions must
i.'ni.;I:
)'!1dot
w1u+ tl , n Ri '*.*
U - '' '.. i|i
,t..':*ti:
. . :.i.;.=. ..:l,l?,:;
I C Ct tRlllTTFn*ff*t
B'lock
B. LOCATION OF PROPOSAL:
Address
Legal
Zoni ng
Descri oti on Lot
C. I|AI4E OF APPLICAI,IT:
a Fi'ling 5
V.tt^rrrt Wczt-
tel ephone.Addres s
D. NAI'IE 0F
Address
E. NAME OF
1./.156
anirr r,.r.r+ra ArrLl uAt\ | J KErKE)LlYlAl lVr.:
a,!a 6u e --,,*Jiif vre- ve s./
r.
Si gnature
Address
ORB FEE: The fee wi l'l
VALUATION
tel ephone
tel ephone
be paid at the time a buiiding permit is requested.
rEE
$ 0-$ 10,000
$10,001 -$ 50,000
$:.50,001 - $ 150,000
$150,001 - $ .500,000
$500,001 - $1,000,000 $ 0ver $1,000,000
$ 10.00
$ 2s.00
$ 5o.oo
$100.00
$200.00
$300.00
IMPORTANT NOTICE REGARDING ALL SUBMISSIONS TO THE DR8:
1. In addition to meeting submittal requirements, the applicant must stake the site
to indicate property lines and building corners. Trees that wil'l be removed
shouid also be marked. This work must be completed before the DRB visits the . si te.
2. The review process for NEi,l BUILDINGS will normally involve two separate meetings of the Design Rev'iew Board, so plan on at least two meetings for their approval .
3. Peopie who fail to appear before the Design Review Board at their scheduled
meeting and who have not asked for a postponement will be required to be
republ i shed.
17L - tt 8s
4. The following items no longer have to be presented-to.the Design Review Board'
'' ittiy,-no".u.i, nive io Ue iresented io-thb Zoning Adrninistrator for approval:
a. windows, skylights and similar exterior changes that do not alter the
ex'i sti ng p'lane of the bui'ldi ng; and
b. Building addjtions that are not viewed from any other lot or public space,
wn'i ch have had letters submitted from adioining property owners approvinq
the addition; and/or approvai from the agent for'' or manager of a condominium
associ ati on .
5. you may be required to conduct Naturai Hazard Studies on your property. You should
check with a Town Planner before proceeding.
Project Application
Proiect Name:
Proiect Description:
Contact Person and -\rx,.*' ';rlssr^/ *1 t/b-4Yt4
Owner. Add ress and Phone:
Architect, Address and Phone:
Legal Description: Lot l-Block
'o.l r J(.
Filing 1'r,llh,rr{r 3 - ,2on"
Commenls:
Design Review Board
DISAPPROVAL
Summary:
Town Planner
/)'F1
E star Approval
I. NEl,l CONSTRUCTION
MATERIAL TO 8E SUBMITTED
Topographic map and site plan of site containing
1. Licensed surveyor,s stanD.
+c:
-i
. . i-i:
the following (2 copies):
2. C<ihtour intervais of not more than 2' unless the parcel consists of 6 acres or
more, in which case, 5' contour intervals will be accepted. :.
3, Existing trees or groups of trees having trunks with dianeters of 4" or more
one foot above grade :...
4. Rock outcroppings and other significant naturai features (large bouiders,intermittent streams, etc. ).
5. Avalanci\e areas, 100 year flood plain and slopes 40% or nore,'if applicable.
6. Ties to exist'ing benchmark, either USGS landmark or sewer invert.
7-. Locations of the following:
_._4. Proposed surface drainage on and off site showing size and type of culverts, swales, etc.
b. Exact locations of all utilities to include existing sources and proposed
service Iines from sources to the structure. Utiiities to include:
cable TV . Telephone
sewer
water
gds
ei ectri c
c. Property lines showing distances and bearings and a basis of bearing
d. Proposed driveways with percent slope and spot elevations
e. All easements
8.. Existing and finished grades.
9. All existing and proposed improvements includ'ing structures, landscaped areas,
service areas, storage areas, walks, driveways, off-street parking, loading
areas, retaining wails (with spot elevations), and other s.i te improvemenEs.
10. Elevations of top of roof ridges (with existing grade shown underneath) to
determine height of building.
B. A statement from each utiljty verifying location of service and avai'l ability. To
be submitted with site pian.
C. Preliminary tit'le report to accompany al1 submittals, to insure property ownership ' -and all-.easeqents on property.
D. Landscape Plan (1' = 20' or larger).- 2 copies
1- Show the'location of 4" diameter oi,larger trees, elhqr';hiubs,ana'iiiftiiie.olants t are on the site and the location and deiign of proposed landscap- aieas with--'-- -
the varieties and approxinate sizes of plint materials to be plinted. lr
2. Complete landscape materials list.
3. Designate trees to be saved and those to be lost.
N0TE: As much of the above information as possib'l e should occur on the site plan, so that the inter-relation of the various components is clear. The landscape plan should be : Separate. The.existing topographic and vegetational characteristics may be a separate
Tlp: Tlg.ppticant must stake the site to show lot lines and buiiding corners. Trees that wil1 be'l ost during construction must be tagged. The work should-be completed before the DRB site visit.
E-- Architectural Plans (!/8" = I' or larger) 2 copies
i. Must inciude floor pians and all elevations as they wil'l
E'levations must show both existinq and finished grades-
'at
--j *st
aPpear on conpletion-
Z. Exterior surfacing materials and colors shal'l be specjfied and subnitted for
review on the matirials iist available from the Department of Cornunity DeveioP-
ment. Color chips, siding sampies etc., should be presented at the 0esign Review
Eoard meeting.\
The Zoning Administrator and,/or DRB may require the
drawings, specifications, sampjes and other materi al
necessary to detennine whether a project wi1'l compiy
submission of additional p'lans,
(includjng a modej) if deemed
with design guidelines.
iI. I'IINOR ALTERATIONS TO THE EXTERIOR OF BUILDINGS
Photos or sketches that cleariy indicate what is prooosed and the Iocation (iite pian)
of proposal may be submitted in lieu of the more formai requirements given above, as
long as they piovide ail important specifjcations for the proposed including coiors and
materiais to be useil .
;I. ADDITIONS - RESIDENTIAL OR COMMERCIAL
A. Orig'inal f1 oor plans with all specifications shown
B. F'l oor plan for addition - 2 copies
C. Site pian showing existing and proposed construction - 2 coP'i es topos
0. El evations of addition
E. Photos of exist'ing structure
F. Spec'i fications for al'l materiais and color sampies on materials list avai'lable at
0eoartnent of Corrnunity Deveiopment
At the request of the Design Review Administrator you may aiso be required to submit:
G. Statement from each utiiity verifying location of service and avaiiabif ity. See
attached uti1ity Iocation verificat'ion form.
H. Site improvement survey, stamped by registered professiona'l surveyor'
I. Preliminary title report, verifying olnership of property and ljsts of easements-
IV. FINAL SITE PLAN
After a building permit has been issued, and when the proiect'is underway, the fo] lowing
will be requ'irei before any bu'i lding receives a fram'ing inspect'ion from the Building
Oepartment: A certified improvernent survey shouing:
A. Buiiding locations with ties to property corners, i.€. distances and angles'
B. Building dimensions to ritr*rest tenin of foot.
C. All utility service lines as-builts showing size of lines, type of material used'
and exact locations. 2 coPies
D. Orainage as-bui'lts. 2 coPies
E. Basis. of bearing to tie to section corner.
F. All property pins are to be either found or'set and stated on map.
G. Al 1 easements
H. Building floor e'l evations and roof ridge elevations
*'. .. *.
f,rr.t"t-ltountain
,1f\=-qineeritrerra-
June 2, 19Bg
Mr. John Nilsson
P.O- Box 1056
Vai1, CO 81658
Re: Ditch Capacitv Lot 2, Block S,Bighorn 5th
Project No. 891648
Dear John:
Pursuant to your request, we have inveatigated the caPacity
of the existing diich on Lot 2, Block 5, Bighorn sth' This
inveetigation consigted of comParing the capacity of this ditch
to the culverts which are lmmediately upetream and downetream of
this section-' This criteria wag established by t'tr- Greg Hall'
P.E- who is the Engineer for the Town of vail in a telePhone
eonversation last Thursday -
The size loeation and elope of the culverts \Atasi measured on
May 31 , 1989 by a survey crew from this office' Their
apl)roximate location is shown on a vicinity maP on Page 6 of the
eonputationg which accompany this letter- The surveyor noted
that both culverts rp""" iilted in at their outlets, cleanlnEt this
out would increase thei.r capacity, therefore, for the purpose of
these calculations, we aisumed that the culverts were clean'
straight & in new conditlon-
The cuLvert under Juniper Lane has a caleulated capacity of
13 cubic feet per second (c?s) and the culvert under Pleadow Drive
12cfs- This assumes that no water will top the roadway. ( refer
to attached computations for details of these computatione) -
We then calculated the theoretieal caPacity of the existing
ditch using mannings equation. We examined the flattest portion
of the ditch, and "=et rJd normal flow & a steady etate condition'
Based on these conditions the ditch has a capacity of 37 cfe'
which, is greater than the culverts.
8ox No. 078
AYon, Color.do 81E20
e4$5072 Oenyar E9&1531
la20 Vsnca Slroal
Lak3wood. Colotado 80215
Phonc: 232-ol58
-:..i-tr,r*to.tt
f
l"lr- John Nilsson
fti F,-h t-'=nan r l-.r
Projecl No. 89l64E
Pnoa '
fou also not,ed thar you may wish to relocate this ditch. Ii'you rlo, you may wish to consicler a Trapezoidai cnannel vrith a 2''wide frat bottom and .i horizontai to l - verlical side sropes.The depth shoulcl be at reasr z-c- 'rhis channel wrrl aciequatery handLe the 13 cts which i,-s clei-rvered by the cuiverts. A sketch ,rt this Channe i een hc secn fln narJe j ,f t Che Comppr.atIOnS.
I hope this provides you wrrh the intormation which you requesteci. This analysis is ot ditch capacity only and is not a flood study. If we can provi-de additional intormation. please call -
Sinnc'r.'oiv
ureet HaII. P.E-
JMS: sdp
Li;=ilr?;r,".*- hlnter-Mountain i;t,;:;il:!=' lAEngineeringld.
gr[TE tol
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LAI(EX000, cd_o.80215
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Loss coEFFtcrENT X.
fOR VARIOUS ENTRANCE
TYPES
t'*o #"^..'ENTTANCE
WPE
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I
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X..dEll, tq. .dee; d H S.di6 .o.fdirtrt to frll
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HEAOWATER DEPTH FOR
CORRUGATED STEET PIPE CUTVERTS
WITH INTET CONIROT
,IY D RA ALICS O F C A LYERTS
ll*- +la. hbt conrro, nomogr!-th tor cor.ug.tld tt-.et?,io. cutvr.i!. Thr mrnuf.c.t ranr3.t.command kaaping nWlD to . rh.rimurn ot L5 iod Orcf.rrUty to no'mbri
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I6 1. IIYDRAULICS
Ftao n^'_:\ ..-e. \'€>"e+.ry:-
1-r (5^>s-^.-6". Y1.sp!:$2000
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STEEL PIPE CUI.VERTS
NOWING FUI.I- OUTTET CONTROI
n =O.O21 L2
Jig. +?2..O.ratrt Control .tlqrd for. corrugat.d st..t prpc culvcrt wllh lubmq.g€d out lat rnd culvcrt tlowing tull. S€t nota undar sk tch at top.
Lcngtt Mrustm!nt tor lmprovcd Hydraullcs
'0lior ralucs ot rolghn€ss, n,.re agglicabls t! paved DiD6, lincd 0igr and DiDe nith 3 r I in. orru-
Fqgn! .S!r Iib!. llq T0 !s. th! rborr dr tor theso typcs'od pipr ind pipe.rnhes, urc
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-.OIANE OF P|IOJECT:
. LEGAL OESCRIPTIOII:
LIST OF MTERIALS
5
STREET ADDRESS:
DESCRIPTION OF P
The follorving
Board before
A. BUILDING
Roof
Siding
int-orrnation is required for submittal by the a final approval can be fiven:
I'IATERIALS: TYPE OF MATERIAL
appiicant to the Design Review
COLOR
tu""L
0ther lllali uateiiais 7ln,o See Cabr-3^dr-lL-
Fasci a
Soffi ls
l,li ndows
llindol Trim
" Doors
Door Trim
Hand or Oeck
Fl ues
F rasnlngs
Chimneys
Rails
Trash Enciosures
- Greenhouses
0ther
B. LANOSCAPING: Name
PLANT I'IATERIALS:
of Designer:
Phone:
Botanical Name Common Name Ouani ty
&o
E.
t&
--/5
5 6x-
? 6at-
^ l/ tl ol lZ
I G*c @ ,,U Llft He,,"^^r^nlt h
ExIsrrNG TREES rO 18/t2-'- Qu k.rltArq fu-p)
BE REMOVED
w-
*Indicate caliper for deciducious trees. Indicate heiqht for cohifers.
, ' (over)
flndtrtd
Si ze*
PLAIIT I-IATERIALS:
(con' t )
SHRUES
EXISTING SHRUBS
TO BE REI'IOVED
GROUIID COVERS
Eotanical Name Common llame Quani tv
'ge- dv"t- '?!:art<--
-rE-L-
I
*ile, W &!R'-n =rryLUlya-Ul
Souare Footaqe Tvoe
s0D
SEED
4lene TYPE OF
IRRIGATION
ripe on METHoD oF
EROSIOII CONTROL
c.u t arcK LAlluJLdrc rEAl v.rL-(retaining wal'ls,
.. .-. ] ,"7lone
fences, swimming pools, etc.) Please specify.
'i.i..
UTILITY LOCATIC): IJER.IFICATIC:I
5UBDIVISI9N -BrC'HORrrl bo$DtlttSrO,r.r
ro3 NtuYE ru/133o^// LI,VD:EY -DdAe/
LoT A BLOCK 5 Zr I j.L J.rr \, -J
A.DDRESS
The locacion of utillries, whecher rhey be main
ousE be approved and verified by the following
sice p 1an.
Mouncain Be 11
468-6500
WesEern Slope Gas Co.
1800 922-r987
Harry ltoyes
Public Service Conpany
949-5 7I r
Gary Hall
Holy Cross Electirc Assoc.
949-5892
Ted Husky/Yichael Laverty
Heri:age Cablevision T.V.
949-5530
Gary Johnson
Upper Eagle Valley tlater &
Sanirati.on Dis EricE
47 6-7 480
Fred Haslee
t:unk lines
rrri 1 i rl oc Fn-
or proposed llnes,
Ehe accompanYing
Dac e
,/^/"1
4-zz-e7
Ll^ 27-f1
L\.ZG-Kl
NOTE: These velificacions do noc relieve Ehe conllacsor of his responsibility
!o obtarn a sEreec cuc perrnic frou che Ios;n of Vall, Deparrmenc of Publ:c
Works and co obrain urility locacions before digging in any public righc-
of-way or easemenc in che Town of Vail. A buildins permit is noc a screec
cut Dermit. A streer cu! perniE nusE be obcained separacely,
This foru Is co verify servlce availabillty and locarton.
This should be used in conjuncclon wich preparing your
utllicy plan and schedullng installarions.
a
*(Please bring a slte plan when obcalning Upper Eagle Valley Wacer
& SaniraE.loo slgnarures )
Author::eci S iznacure
n^TF - Mtu.,, \ l( ffr u|rrL. =+;+=:l=+_+-r-|l-_LEGiL [,]L>UXTP I IUI{: LOI-
tn rrf' ^r rF^t,LUiTC LNE.LA
rUK
SFR, R, R P/S ZONE DISTRICTS
a Bl ock
Al Iovted
1ln\f??\
Filinq 5 @.t'lua"-- >>uL ---
one ,lt- - t$,l
Phone crz"- zses
Pro oo s ed
i^^ofCQ.
ONNER
ARCH I TEC;
ZONE DIST
DOnpnqtr:l
I rlT qTTF
c
USE 3q.,r'ntt
J,qSN g
Hei ght
TotAI GRFA
Primary GRFA
SecondarY GR,FA
Setbacks: Front
Sides
Rear
Water Course
Site Coverage
Landscapi ng
Fence/Retai ning
"^lal1
Hetghts
Parki ng
l'no r{ i l-<. Ger^ano . ver etb
Mechani ca l
Ai r'lock
Storage
Solar Heat
Drive: SIope Permitted
Envi ronmenta I /Hazards :
Sl ope
20'
15'
15'
l?o\1(nl
(3oo ) (600 )
(soo)(1200)
(so)(1oo)
t z,r / l\ )u /
(200)(4oo)
Slope Actuai
Avalanche -hkne-
Fl ood Pl ai n "rtfu,: -
flt,f : _
lJetl ands f &rt- -
Geologic Hazards itzl<- -
Comments:
Zoni ng: Approved/Di sapproved
Date:
LAND *rO"GUARANTEE
Representing Title Insurance company of Minnesota
TITAT{K YOU FOR YOUR ORDER
April 28, 1989
Our Order3 V13465
BUYER:
irol{N F.
SELUR:
HANS BORI'UKA
ADDRESS:
CLOSER
Attn: JOHN NII,SSON
BRANDESS CADMUS REAIJ ESTATE
DELIVER IN VAIL RUNS
Attn: DON EVERETT
PICKED UP FOR DELTVER
NILSSON AND DOUGIJ,AS IJINDSEY
AM PM
';_ - -_ 't
It!PANY
1 Attn: SHAR}TAN
V^6ATION PROPERTTES
dnr.,rvsn rN vArr, RItNs
MINNESOTA
TITLEA
5440 Ward Road
Arvada, CO 80002
420-O241
3300 So. Parker Rd., Suite 105
Aurora, CO 8001 4
751.4336
I8l0 30lh Streel
Boulder, CO 80301
444.4101
200 North Ridge
P. O. Box 2 280
Breckenridge, CO 80424
453-2255
5 | 2 Wilcox
Castle Rock, CO 801 04
688-6363
2l 2 Norrh Wa hsatch
Colorado Springs, CO 80903
634-4821
Gommitment To Insure
lssued through the }ffice of:
P. O. Box 5440
Denver, CO 8021 7
321-1880
8 E2l E- Hampden
Suite l0O
Denver, CO I0231
7 50-4223
8333 Greenwood Boulevard
Denver, CO 80221
427-93s3
I 20I Main Avenue
Durango, CO 8l 301
247-5860
7700 E, Ara pa hoe Rd.
Su ite 150
Englewood, CO 801.l2
770-9596
3600 So. Yosemile
Denver, CO 80237
694.2837
LAI{D TITLE
GIARANTEE
Mil/FANY
IOB Soulh Froniage Road W.
P.O. Box 357
Va il, CO 81658
47 6-2251
3O3O S. Colleqe Avenue
Suite 201
Fori Collins, CO 80525
482-90 t 5
7lO Kipling Street
Lakewood, CO 80215
232-31t I
3609 So. Wadsworth
Suite I l5
Lakewood, CO 80235
988-8550
I1990 Granl Street
Suile 220
Norihglenn, CO 80233
452"01 19
I 9590 Easl Main Street
Parker, CO 80134
84 | .4900
108 South Frontage Road W.
P.O. Box 357
Vail, CO 8 1658
176-2251
LAND TITLE
GUARANTEE
COil4PANY
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aql 'lalleu laqlo r0 utelt as.la^pe 'aluerqunsuo 'uarl 'lcalap qrns Aue 1o a6pal,uou1 len1ce sarrnbre asrmLaqlo ,4ueduo3 aql Jt t0
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uJrelo asiolpe 'arueJqunlua 'uatl 'toalap lue l0 a0palMou)i len1ce sat nble to seq palnsul pasodord aqt ]l Z 'luaurrulsut AunJas Jaqio r0'paap ]snr]'lsnrl l0 paap apnlJur lleqs'uraraq pasn uaqM '.,a6e6four,, uJra] aq1 L
SNOII\'INd[S CNV SNOI1ICNOT
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VIOS]NNIW
r,AND trO" cuARANTEE Oo"PANY
Representing Title Insurance conpany of Minnesota
THANK VOU tr'OR YOUR ORDER
ApriL 28, 1989
Our Order: V13466
BUYER:
JOIIN F'. NILSSON A}ID DOUGI,AS LTNDSEY
SELI,ER:
HA}TS BORT'UKA
ADDRESS:
CI.oSER
I Attn: SHARI,IAN
VACATION PROPERTIES
DELIVER TN VAIL RI'NS
1 Attn: JOHN NILSSON
BRANDESS CADUUS REAL ESTATE
DELIVER IN VAIIJ RUNS
1 AttN; DON EVERETT
PICKED UP TOR DELIVER A}T P}!
ALroO"oMMrrMENr O
SCHEDULE A
Application No. VL3465
For Information Only
- Charges -
ALTA Otrner Po1icy $545.00
$r-0. oo Taxcertit--totol--
g555.oo
With your remittance please refer to Vl-3466.
L. Effective Date: April 1.9, l-989 at 8:oo A.M.
2. Policy to be issued, and proposed Insured:
rrALTArr Ownerts Policy $130,000.00 Form B-l-970 (Anended l-0-17-70)
Proposed fnsured:
JOHN F. NILSSON AND DOUGIJAS LINDSEY
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Sirnple
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
HANS BORUI,IKA
5. The land referred to in this commitment is described as follows:
LOT 2, BLOCK 5, BTGHORN SUBDTVTSTON, FrFTH ADDTTTON, ACCORDTNG
TO THE RECORDED PLAT THEREOF, COUNTY OF EAGI,E, STATE OF
COLORADO.
PAGE ]-
ALToO"oMMTTMENT
SCHEDULE B-]-
(Requirenents) application No. Vl-3455
The following are the reguirements to be cornplied with:
L. Paynent to or for the account of the grantors or nortgagors of the ful.l. consideration for the estate or interest to be insured.
2. Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record, to-wit:
3. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND
PROVISTONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED.
4. WARR,ANTY DEED FROM HANS BORUMKA TO JOHN F. NILSSON AND DOUGI,AS LTNDSEY
CONVEYING SUB.'ECT PROPERTY.
THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN
ADDRESSES ON DOCUMENTS SENT FOR RECORDING! !
PAGE 2
ALroO.oMMrrMENr a
SCHEDULE B-2
(Exceptions) Application No. vL3466
The policy or policies to be issued wiII contain exceptions to the
following unless the same are disposed of to the satisfaction of
the Company:
1. Standard Exceptions L through 5 printed on the cover sheet.
6. Taxes and assessments not yet due or payable and special
assessments not yet certified to the Treasurerrs office.
7. Any unpaid taxes or assessnents against said land.
8. Liens for unpaid water and sewer charg:es, if any.
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 September 26, L892, IN BOOK 48
AT PAGE 49]..
10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED September 26,L892, IN BOOK 48 AT PAGE 491.
11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CI,AUSE,
BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR
NATfONAL ORfGIN, AS CONTAINED IN INSTRUMENT RECORDED November 26, L966, IN
BOOK ].75 AT PAGE 445.
].2. A FIVE FOOT WIDE STRIP ALONG ALL INTERIOR LOT LINES IS DEDICATED AS UTILITY
EASEMENTS FOR USE OF PUBLIC AND PRIVATE UTILITIES AND DRAINAGE WAYS AS
NOTATED ON THE RECORDED PI,AT OF BIGHORN SUBDIVTSION FIFTH ADDITION.
13. EASEMENTS, RESERVATIONS, RESTRICTIONS AND NOTES AS SHOWN OR RESERVED ON THE
RECORDED PLAT OF BIGHORN SUBDMSION, FIFTH ADDITION.
14. A DRAINAGE AND UTILITY EASEMENT TWENTY (20) FEET IN WIDTH AFFECTING SUBJECT
PROPERTY AS SHOWN ON THE RECORDED PLAT OF BIGHORN SUBDIVISION, FIFTH
ADDITION.
PAGE 3