HomeMy WebLinkAboutHIGHLAND MEADOWS GENERAL LEGAL.pdf/,,.-
75 South Frontage Road
Vail, Colorado 81657
970-479-2 I OS/Fax 970-479 -2 I 5 7
August 27,1996
Afice of the Town Manager
Mr. Jim Harnnan
County Administrator
Eagle County
Post Office Box 850
Eagle, CO 81631-0850
Re: Highland Meadows
Dear Jim:
Thank you for the faxed andoriginal of your response to the Highland Meadows annexation request.
Although the neighborhood remains interested in annexing to the Town of Vail, the Town has
serious continuing concerns regarding infrastructure and groundwater issues.
The Town is unable to cost share any upgrades specifically in regard to these roads. This neighborhood rejected reannexation ten years ago and ioreclosei their of,tions on other than County infrastructure maintenance and services. The capital streets program fir the Town would put this
neighborhood at the bottom ofthe priority lisl which wouu aiuy tne necessary reconstruction and
at the same time increase the burden of costly maintenance to the Town.
If annexation were to occur, we believe the taxpayers within the Town should not have to hnance known deficiencies in the roads as they currently exist. IfEagle County upgrades these roads to Town of Vail standards, we would entertain further discussion of annexation of this area.
Jim Weber's preliminary estimate of road conditions in Highland Meadows was based on his field observations and no testing. The geotechnical reports to which Jim referred are available to you
should you or your staff wish to review them. He also included costs reflective of recently
completed drainage, cwb and gutter. sub-base, base, and road surface expenses within the Town.
$RE'CYCLED PAPER
Should you need fi[ther informatioq.please do not hesitate to contact me. Again, thank you so much for looking into this matter.
Sincerely,
TOWNOFVAIL
PamelaA. Brandmryer
Assistant Torvn lvlanager
PAB/aw
xc: Robcrt S/. Mclaurin
Lary Crrafel
Sterre Thompson
Greg thll
TomMoorhead
t
OFFICE OF THE
COUNTY ADMINISTRATOR
(970) 328-860s
AUG 2 2 $96
5OO BROADWAY
P.O. BOX 850
EAGLE, CO 81631-0850
FAX: (970) 328-7207
Pam Brandmeyer, Assistant Town Manager
Town of Vail
TRANSMITTED VIA X'ACSIMILE 479-2157
DearPam:
I had the opporhrnity to discuss with the Board and staffthe potential for a Higbland Meadows
annexation. There was consensus that the annexation would make sense, if that was the will of
the residents. However, the County does not feel it should bear the entire cost of bringing the
roads up to a greater standard.
I would like to propose that you and I sit down with our engineering staffs and better define ufrat
really needs to be done to the roads and to what standard. If we agfee that Jim Weber's January
Z: estimate is appropriate, so be it. The goal here would be to nail dov'rn the scope and cost and
reach agreement. Then, I believe it would be appropriate to discuss some form of cost sharing
which could include the Town and the residents of Highland Meadows.
Please call so we can discuss this further.
Sincerely,
Janes K. Harbnarur, County Administator
George A. Gates, Chairman
Johnnette Phillips, Commissioner
James E. Johnson, Jr., Commissioner
Jack Ingstad, Assistant County Administrator
Ceorge Roussos, Engineering
Don Fessler, Road & Bridge
EAGLE COUNry COLORADO
qlq-d)il3
JKH:rf
ORDINANCE NO. 27
Series of .|984.
AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 26,
1981 l.,HICH CREATED SPECIAL DEVEL0PMENT DISTRICT 1l (HIcH-
LAND PARK) TO ENABLE THE SPECIAL DEVELOPMENT DISTICi TO BE
SPLIT INTO T1^IO DIFFERENT AREAS, EACH OF hlHICH CONTAINS ITS
OI.IN DEVELOPMENT PLAN.
I'IHEREAS' I.K.s. vai'l Associates, Inc. has submitted an application to amend
Special Development District lJ; and r ,
WHEREAS, 0rdinance 27 of 1984 amends Ordinance 26 of tggl and creates two
distinct development areas.under the heading of special Deve'lopment
District No. ll; and , : -. r'r I
I.IHEREAS, the proposal to amend SDD 11 represents an improved site planning change
over the existing approved development p'lan due to response to additiona'l
geologic and geotechnical information; and
IJHEREAS' the integrity of SDD ll is maintained by this amendment by development
master plans for the sjte; and
WHEREAS, the Planning and Environmental Commission has unanimously reconrnended
this amendment to SDD ll; and
ilHEREAS' the Vai'l Town Council considers that it is reasonable, appropriate
and beneficia'l to the Town and its citizens, inhabitants and visitors to amend
said SDD ll:
NOI.I, THEREFORE, BE IT ORDAINED BY THE TOI.IN COUNCIL OF THE TO|ilN OF VAIL,
COLORADO, AS FOLLOI,JS:
Section l.
0rdinance 26, Series of l98l , fsrhdreby repealed,arid,re-enacted with:amendmenis,li,r
toreadasfollows:j,],]...;':i,i;.
-2-
SPECIAL DEVELOPMENT DISTRICT NO. I1
'l . Purpose
:
Special Development Distict ll is created to ensure comprehensive development
and use of an area which will be harmonious with its natural setting and in
confonnance with the objectives of the Town of Vail zoning code and intent and
purpose of the subdivjsion regulations of the Town of Vail. 6ne of the purposes of
Special Deve'lopment District'll is to recognize the differences between the
existing Area A and the proposed Area B but that they are compatible with each other
that the improvements existing and planned will respond to geologic and geotechnical
information which has been accumulated and applied to the approved development
plan. Also, the creation of Special Oevelopment District ll serves the purpose
of recognition that there are significant aspects of the deve'lopment proposal
which cannot be satisfied through the imposition of standard zon'ing districts
on the area.
2. Areas and Acreages | _ . ,
Special Development District l'l is established for the development on a parcel
of land comprising .|4.74 acres, as more particularly described in Exhibit A
and Exhibit B of the Specia'l Development District. The SDD ll shall be further
divided into two areas as follows:
Area Known As Development Area
Highland Park Townhomes A
Vail Woods Subdivision B
Vermont Road and Vennont Court
Total
3. Development Plan Adopted
Area A' better known as Highland Park Townhomes, is regulated by a development
plan which is made up of materials applicab'le to the original deve'lopment plan
for Phase I of that plan as we1 I as the revisions to those plans as on file with
the Community Development Department. It should be noted that Area A of SDD ll
consists of l2 existing townhomes and that further development for Area A ,
be limited to small additjonsof GRFA as allowed in the Town of Vail zoning code
and other amendments conforming to the special district amendment process.
Acreage
3.67
'9.48
1 .59
14:n
-3-
Area B of SDD ll is regulated by the development plan consisting of a'l'l materials
submitted to the Community Development Department on JuIy .|6, 'l 984 for approval
of the amendment to the SDD Il and a major subdivision request. Major components
of the development plan include the preliminary plat for Vail Woods drawn by Contra,
Ltd. dated 7/13/84 and the preliminary plat for Vail l,Joods showing utilities,
grading and drainage by Contra, Ltd. date prepared 7/13184 and a'l'l jnfoymation,
diaglams, maps'. appgndixes and materials conta_ined in the Vail Woods Subdivision
Environmental Impact Report submitted by I.K.S. Vai'l Associates and David M. Peel/
4. Amendments to 6DD 11
Amendments to SDD ll will follow Section 18.40.040 D of the Vail Municipal Code.
5. Uses
Area A and Area B of SDD'11 shal'l be governed by the following use regulations:
'A. r ri
PermtiteoGei.' , . ..; ,
l. S'ingle family residential dwellings
2. Two-fami'ly residential dwe'llings
3. Detached garages only as per the approved
B. Conditiona'l uses pennitted subject to issuance
--I.-- Publie utility and public s-ervlces -
2. Public bui'ldings, grounds and facilities
3. Public or private schools
4. Public park and recreational fac'i'l ities
C. Accessory Uses shall be permitted as follows:
l. Private greenhouses, too'l sheds, playhouses, garages or carports, swiruning
rpools, patios, or recreation facilities customarily incidental to a single-
family and two-family residential use
2. Home occupations, subject to issuance of a home occupation permit in accor-
'i dance with the provisions of Sections 18.58.130 through'18.58.'190.
3. Other uses customarily incidental and accessory to perm'itted or conditional
uses, and necessary for the operation thereof.
Kathy Wamen Architects dated Ju'ly 14, 1984.
A.
development plan
of a conditional use permit
-4-
Development Standards
Lot area. Lot area shall be as per the approved development plan on record ii
6.
A.
R
c.
in the Community Development
Setbacks. The setbacks shall
Department.
be as per the approved development plan.
D.
Height. The height in Area A shall be a maximum of 39.5 feet. The height
in Area B shall be a max'imum of 33 feet for a sloped roof and 30 feet for a
flat roof.
Densit.y. Area A shall contain a maximum of'l 2 dwelling units and a maximum
of 28,316 square feet of GRFA. Area B shall contain a maximun of 22 dwelling
units and a maximum of 55,000 square feet of GRFA. The total GRFA allowed
on the site shall be 83,3'16 square teet except as othenv'i se provided within
the Town of Vail zoning code.
Site Coverage. The site coverage shall be as per the development plan.
Park'ing. Parking shal'l be as per the development plan, but in no case less
than two parking spaces per unit.
G. Landscaping
It shall be each owner's respons'ibility at the Design Review Board1evel of
approva'l to present a landscaping p1 an for their lot.
H. A11 duplex structures constructed in Area B shall be'located totally with'in the
designated bui'ld'ing envelopes as found on the final plat of Vail l'loods.
.7. ,Environmental Impact Report and Subdivision improvements_ Requiqed
In Area A the environmenta'l report sha'l'l be comprised of the originally submitted
env'ironmenta'l impact report 'in 1981 which was subsequently approved by the Town
of Vail and the CTL/Thompson, Inc. report dated August 31 , .|983.
For Area B the environmental impact report submitted July 16, .|984 and all accompany-
ing materia'ls in that submittal shall be adopted as a strict guideline to follow
in the development of the Vail Woods Subdivision and shall be followed by each
individual property owner wishing to develop within Area B. Furthermore, as
depicted in the approved deve'lopment p'lan, a'|1 the subdivision improvements proposed
such as, but not limited to, drains, utilities, constructjon of access driveways and
pertinent easements shall be required to be constructed prior to the issuance of
any bui'lding permit of any residential dwelling in Area B. Furthennore, it is
the developer's responsibility that purchasers of lots in the Vail Woods subdivision
are made aware of the environmenta'l impact report referred to herein and the
E.
E
If any part, section' subsection' sentence, clause or phrase of this ordinance is
for,any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence,
'claqle or phrase thereof, regardless of the fact that any one or more parts,'
sections, subsections, sentences, clauses or phrases be declared inva'l id.
Section 3.
-5-
regulations which this report imposes
this report is -a mandatory part of any
Section 2.
upon the property, and that compliance with
development on the site.
that this ordinance is
of the Town of Vail and
Ccv of , 'lgg4.
Rodnqy E. Slifer, Mayor
READING AND ORDERED PUBLISHED
of'_t
The Town Council hereby finds, detennines and declares
necessary and proper for the hea'l th, safety and welfare
the-_irhabi tants thereof .
Seclion 4.
The repea'l or the repea'l and reenactment of any provisions of the Vail Municipal
Code ai provided in this ordinance shall not affect any right which has accrued,
any duty imposed, anyv'iolatiionthat.occurred prior to the effective date hereof,
any prosecution commenced, nor any other action or proceeding as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of
any provision hereby shall not revive any provision or any ordinance previously
repiaGa or supersea"a ,ni"ii ";i;rty tiui; r',;""i;:-
INTRODUCED,
.1984, and a
of
Municipal Bui'lding, Vail, Colorado.
Ordered published in ful't this
ATTEST:
THIS day of
this ordinance on the
,1984 at 7:30 p.m.in the Council Chambers of the Vai'l
READ AND PASSED ON FIRST READING
public hearing shall be held on day
Pame'la A. Brandmeyer,
INTRODUCED, READ AND
ATTEST:
Town C'lerk
APPROVED ON
thi s
SECOND
Pamela A. Brandmeyer, Town Clerk
day
Rodney E. Slifer, Mayor
1984.
KEITH J POMEROY
INVESTMENTS
3I805 MIDOLEBELT ROAD
FABMINGTON
SUITE 305
HrtLS, Mr 480r8
(3r3) 85r.5400
March .|8, .|985
Mr. A. Peter Patten, Jr.
Director, Corrnunity Development
Town of Vail
75 S. Frontage Road Vail, C0 81657
RE: VAIL l,l0ODS
Dear Peter:
Pursuant to your request, please accept this letter as authorization to withdraw our application for final plat approval from the
Planning Comnission.
!'le will obtain all the s'ignatures required on the plat prior to
resubmission in accordance with your request.
{*i^fut-Kdith Pomeroy C
KP/cdw
cc: Kathy Warren
Peel and llarren, Architects
2588 Arosa Dr.
P.0. Box 3370
Vail , C0 B'1658
TO:
FROM:
DATE:
SUBJECT:
Planning and Environmental Commission
Commun'ity Development Department
August 8, '1984
Background on the Vail Woods major subdivision and amendment to SDD'll request for the work session on August .|3, l9g4
It will be helpful for the Planning and Environmental Conrnission to have some Dackground information regarding the h'istory of plann.ing efforts and approvals on this site. It is important ihat you reai the'enclos6d Environmentai'Impact Statement and project submittil for the Vail Woods mijor subdivision
.Tgu:tl. Foliowing is.a brief history of the plann'ing and d6velopment efforts vlnrch nave gone into this troublesome site.
l. The property owner,.rqitl' pomeroy (I.K.s. vai'l Associates, Inc.), approached the Town planning staff in mid-rbgd, previous to west vaii anneiiti6;,---
f:gal9iJrg a,speci.al deve'lopment district proposal for lots 26 through 1f' Ilshland Meadows F'iling Nq. l. The deveioper was interested in-taking the-17 platted duplex lots and abandoning intei^ior lot lines to create a 34 unit townhouse-type project.
2. J!9 g]a1n]ng staff, in December .|980, conceptualty endorsed developing the l/ lots as.a.unified development in an effort-to arrive at a slpeFior site plan for this sensitive ani geologically fragile site. Much staff time was spentwith our consu'ltanti and'the alplicints in arriving at a complete development plan for the proposed Sbicial Development District ll.
3. PEC approved the development plan for sDDll on May 26, lggl with rown Council.approvals following ih;une. In Juty or issi, uott pEC and counci'l
lpproved the road relocation and the final subdivision plat for sDDl'1.The_project, as approved, is a 34 unit townhouse aevelofment ioniiiting of l7 structures containing two units each. Road relocition, detached-garages' extensive efforts to protect existing vegetation and minimize cuts and fill as.well as respond'ing to as greit ai extent as possible to geologic constraints wherb majoi compon6nts of the sDD devilopment plan. These were improvements oier deve'loping ilreiite-as tZ-ir*iiuiouuf \
duplex 1ots.
4. Despite Town of.va.il.approval abandoning al'l interior 'l ot lines, the ' applicant_recorded the'lubdivision plai-in August tsei alanaoninq only property lines associated with phasb I (12 uniis out ot it" sa toiaii'"l.eaving the remainins il duptex tots as'oiig.inaltv-priitea-dde;-Hi;ti.tand
Meadows Filing 1.
5. Early .|982 a building permit was issued to sun Tech Builders, then owners of Phase I of the sDD to construct the first 12 units of the project.The first phase construction then proceeded under Sun tech.
6.
I wooo, -z- B/s/84
Sometime in late 1982 or egrly 1983, Sun Tech Builders filed for bankruptcy and abandoned phase I of the-Highland park project. westein F;de;;i's;;i;;s purchased the property out of forec'losure aird issignea ciicon Contractors "-
thedutyof_finishing.thel2units,sothattheyw6u1doeiiteaute
The entire Town of vail corrnunity Development siaff was then involved in working with calcon to rectify the mahy prcblems which had resutita from the sun Tech's.lack of respbnsibiriti in coniiruliion'is we.ll as new geotechnical infomation from the Claycomb study in 19g2.
The conmunity Development Department required that further geotechnica.l information be provided to them before dhey_unuld lsiue ine"temporary certifi-catesofoccupancy for the l2 units which ci'lcon suciesirui-iy finisheil into quality units.
In late'1982 the still-owner of the remaining lots, Keith pomeroy, hired Dave Peel, loca't architect_to.begin to redeiisn-i# ;il;ini;g-ii., ioti' --
back.to-duplex.Iots for sale individually due to ior"-tvp"'of financial difficulty with I.K.S. Vail Associates, -Inc. fne stiffifien intormea the_applicant to conduct.further. geotechnical studies on in" remaining ll lots to coincide with the furth6r geotechnicii-irio",iltion required for certificate of occupancy purposes on the existing-rhise-I.
The staff continued to work with David peel and Kathy uarren throughout
lsQ? g'la gaflv_1984 in redesigning the remaining tt ioii oi th" sD6 to rnolvtouat duptex tots in relationship to the additional geotechnical
information which had been gathered iir the past few v.irr]--
7.
8.
9.
10. The.applicants 1u{rltiea the pioposa'l now in front of the planning and Envi ronmenta'l Conmi ssion.
As.you-can see from the above historJ, this site has experienced many trials and tribulations of a.proi.ect gone airiy. lJhile the preieni propoiir-""pr"r.nts
l.:gn::q!yul :!gB,!9"!ward.with resard-.to the previous soa.t br beveropifis-iil--slEe unoer a unrrled-ptan by a single developer, we feel that the extbnsive g:g!::hligll_f"f^Ihi.h has'been d6ne on the'siie in the iiit severar veirs (since original SDD approval) has been incorporated into the proposit inJ,-ttrus,represents superior site planning.respondilg !o that informitioni -t.trriie-iliuppiint"a
that the owner feels,!t a necessity tb_go bick to individuiity aevetop.o J,ipiEl-lots, we feel that the project can'stili be developea unJJr-air SOO umbref'la' --'
us.i.ng an Area A designation for the exist'ing l2.units ina-an Arei-e-atiiinit;on addressing.the, uniqueness of the remaining iortion or ine iite. The botton line here is that this most environmentaliy'sensitive sttie-wil'l receive the attention it deserves so that the eventuat-impiovements'in ihe properti wiil be the best we can achigve. t{e will be condutljns g worr seiiibn on ii,ii'proposal from ll:00 to 12:00 on Monday, August l3th on the-site. -'--
Vail l.'oods Subdivlsion
O Project Description
The Vail l'loods Subdivision project consists of approxinately 9.5 acres at the southvrest corner of the Hlghland i'ieadovrs Sub-
division. The property is cumentll' zoned as Special DeveLop-
ment District 11.
The site is a north facing slope rvhich is generally heavily
l,rooded ivith aspen and lodgepole pine. A large open rneadow
ciivides tire property.
nach VaiL l{oods Subdivision lot contains a designated duplex - site. These sites have been located by professional engineers
r'rith special consicieration for the geologic conditi-ons of the
site, soils condi,tlons, slope and drainage patterns. The Loca-
tions also alLovr the property ol'lrrerrs architect to design vrithin
the t'Preliminary Design Recomnendationsl as set forth by Engln-
eering and Testing Consultants, Inc. An alLowable 5OOO sguare
feet of Gross Residential Floor Area as defined by the Tol'rn of
Vail Zoning Regulations i.s planned for each duplex site.
Access to the property is via Vermont Road and Verr,ront Court.
From the public streeis, troenty foot r'ride private drives pro-
vide access to the sites or to their parking areas. Parking
is planned for three vehicle spaces per unit (six spaces per
site) and is locdted as described in the lot deseriptions vrhich
fo11ov.
Lot 1
Lot Area: O.71 acres.
Site Dimensions: Irregular.
Site Areaz 5735 square feet.
Parking: Tluo double garages rvithin the site. 1\'ro additional
spaces behind the garage doors.
Easements: Aciess easenent for the private orive. Parking
easement for Lot 2.
Lot, 2
Loi Area: O.65 acres.
Siie Dimensj-ons: 5O x 80 feeP.
Siie Area: 4OOO square feet.
Parking: Area clesignated for tr'ro double garages 'lvith tvro addi-
tional spaces betrteen the garages. Parking area is
located adjacent to the private drive below the slte
on Lots 1 and 2.
Easenents: Access easenent for the privaie drive. Parking
easernent for Lot 3.
Vail \'JooCs Subdi-vision
Project Descriotion
tot3,
?age 2
Lot Area: O.94 acres.
Siie Dinensi.ons: 50 x 8O feet.
Site Area: 4OOO square feet.
Pari<ing: Area designaied for tr,ro double garages rvi-th tvro aCdi-
tional spaces betvreen the garages. Parking area is
located adjacent to the private drive belor'r the site
on Lots 2 and 3.
Easements: Access easernent for the private drive.
Lot 4
Loi Area: l-.17 acres.
Site Dimensions: 50 x 8O feet.
Site Area: 4OOO square feet.
Parking: Tr'ro ciouble garages adjacent to the private drive and
extending into the site. 1\'ro additional parallel
parking spaces off the private drive, east of the site
and on Lot, 4.
Easemenis: Access Easement for ihe private drlve.
Lot 5
Lot Area: O.74 acres.
Site Dinensions: 55 x 80 feet.
Site Areaz 44OO square feet.
Parking: Two double garages within the site. Two additional
spaces behind the garage doors.
Easenenis: Access easenent for the private drive.
Lot 6
Lot Area: O.53 acres.
Site Dinensions: 55 x 8O feet.
Site Area: 14OO square feet.
Pat'l:ing: Tr.ro double garages lvithin the site. Tr'ro addi-tional
spaces behind the garage doors.
Easenents: Access easement for the private drlve.
o
Vail''rloods Subciivision
Pro.jec t Description
Lot ,7
Page 3
Lot Area: O.92 acres.
Siie Dimensions: 50 x 80 feet. i
Site Area: 4OOO square feet.
Parking: Tuo doubl-e garages adjacent to the private drive and extending i.nto the site. Two addltional pd.rallel
parking spaces off the private drive, rrest of the site
and on Lots 7 and 8.
Easements: Access easement for the private drive.
Lot I
Lot Area: O.77 acres.
Site Dinensions: 50 x BO feet.
Site Area: 4OOO square feet.
Parking: Tr'ro double garages adjacent to the private drive and
extending into the site. Trro additional panalLel
pari<ing spaces off the private drive, opposlte the
site and on Lot 8.
Easerirents: Access easernent for the private drive. Parking
easement for Lot 7.
Lot 9
Lot Area: O.75 acres.
Site Dinensions: 55 x 75 feet.
Site Areaz 4t25 square feet.
Parking: Area designated for two double garages vith tvto addi-tional spacels betr'reen the garages. Parking area is
located adjacent to the private drive below the site
on Lot 9.
Easenents: Access easernent for the private drive. Parking
easement for Lot 10.
Lot 10
Lot Area: O.64 acres.
Site Dimensions: 55 x 75 feet.
Site Area. 4L25 square feet.
O Park1n3,: rlrea ciesignated, for tvro d.ouble garages '.'rith tivo a-ddi-
iional speces beti'/een tlre garages. Parking area is
located adjacent io the privaie drive belov the sj.te
on Lots 9 and 10.
Easenenis: Access easenent for tlee o:'ivate drive.
Pro.Jec t Description
Lot 11
Lot Area: 1.66 acres.
Site Dimensions: 55 x 80 feet.
Slte Area: 44OO square feet.
Parki.ng: Tvro double garages rvithln
spaces behlnd the garage
Easements: Access easement for the
and dralnage easernent.
Page 4
the site. Trvo addltional
doors.
prlvate dri.ve. Utlllty
JOSE H !giE|l!AU,'l
H. rtcHA:L Xt!!gR
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r. H. nartl& R c,
laRRr t:ixu7
|rOlrAiD l. Otl.t
cHAFtS3 P. !@gR
rrarEg L. ttutrrit. Pta ! tat{
OOI{ALD E THWAW'ER
FE Et t. aoir{lTC||il
@wrx or. t!i!ruTTEt
cH^illl a.lcw|.tt
raailria|.|- o. lioD3ttY
JAracl a..raco!3o|{
araY rHtill3E LOrEi io!!Yt{ S. auiroN
ltEv:N c. HotH *
* ^DrrEaD or.!r tr
ra* tort aao rtr Jattsr
BERENBAUM & WEINSHIENK
ATTORN EY9 AT LAW
3773 CHERRY CREEX DFIIVE NOFITH
3U|TE AAO
DENVER, COLORADO gO2O9
(303t 3ta-oeoo
tat-7cro
November 9, L984
is a draft subdivision in connection with the
HUI:tt t w3titHtgNt( atolt.tagtl
raa||o3t aSitxlaux. o? couNStL
vdloFrlcS: t!o3r.7a.o70r
oulaNoo 0rrrce(to3) !rt7-t!33
Larry Esquitlt
City Attorney
Town of Vail VaiI, Colorado
Dear Larry:
Enclosed
ation improvements agreement final plat review of
I would appreciate it
agreement and telephone me wittr have a final agreement ready in on November 26, L984.
if you would review ttre draft your conrnents so that we can time for the final plat revie\t
Kurtz-PheIan
JKP/kb
Enclosure
cc: Keith Pomeroy
Leroy Tobler Peter Patton
f 6-onsi
gerely,
o
SUBDIVISfON IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made and entered into this day
of , 1994, by and between I.K.S.-VaiI Associates, a
general partnership ("Subdivider"), and the Town of Vail. State of
Colorado, a body corporate and politic, by and througtr its Town
Council ("Vail").
WITNESSETH:
WHEREAS, the Subdivider, as a conditj.on of approval of
the final plat of Vail Woods Subdivision ("Vaj.l Woods"), desires
to enter into a Subdivision Improvements Agreement as provided for
in Section 17.f6.250 of the Vail Subdivision Regulations; and
WHEREAS, pursuant to the 6ame authorj.ty, the Subdivider
is obligated to provide security or collateral sufficient to cover
one hundred percent of the costs of completion of certain public
improvements set forth in Exhibit A attached hereto and
incorporated herein; and
WHEREAS, the Subdivider desires to guarantee
construction and rnaintenance of the above-referenced public
improvements pursuant to the terms of this agreement.
NOVJ THEREFORE, in consideration of their mutual
covenants, conditions and promises, the parties hereby agree as
follows:
1. Subdivider agrees, without cost to the County,
to arrange for the furnishing of all equipment and material
necessary to perform and complete, in good workmanlike manner, ttr e
publj-c improvernents listed in Exhibit A (coltectively referred to
as the "Improvements") for Vail Woods in accordance with plans and
specifications for ttre Improvements ("specifications") to be filed
in t?re office of the Vail Engineer and/or ttre Department of
Planning and Development and to do all work incidental thereto
according to and in compliance with ttre following:
(a) AIl final plat documents submitted prior
to or at the time of final plat approvalt
(b) A11 applicable laws'of the united states,
the State of Colorado and the Town of Vail;
(c) such other designs, drawinge, maps,
specifications, sketches and other matter submitted
by Subdivider to and approved by any of the
above-referenced governmental entities. The design
and construction of ttr e Improvements ghall be done
under the inspection of, and to the satisfaction of
the Vail Engineer and/or Building Official,
respectively, and shall not be deemed complete
until approved and accepted as completed by the
Vail Engineer.
Ttre estimated cost of the work and improvements is set
forth in Exhibit A.
2, To secure and guarantee performance of its
obligations as set forth herein, the Subdivider agrees to provide
security and collateral in the following form, as approved herein
by Vail: an irrevocable letter of credit in the amount of
, which shall provide that the amount of ttre letter of
credit shall be reduced in proportion to 90t of the cost of
improvements secured by the letter of credit as such improvements
are completed and approved by the Vail Engineer.
Ttle letter of credit also shall provide that VaiI shall
have the unconditional right, upon default b1z the Subdivider in
the performance of its obligations under Lhis Agreement, to call
on the letter of credit for funds, upon demand, to partially or
fully complete and/or pay for any of the Improvements or pay
outstanding bills for r^rork performed on the Improvements by any
party. 'lilre letter of credit shall terminate upon completion and
acceptance of the Improvements by the Vail Engineer.
-2-
3. It is mutually agreed tlrat Vail shall have ttre
authority to bring an action in any disLrict court to enforce this
subdivision improvements agreement. Any suCh action shall be
commenced prior to the issuance of a building permit by Vail for
VaiI Woods.
4. It is further mutually agreed that, as
Improvements are completed, the Subdivider may apply to VaiI for a
reduction in the amount of the retter of credit. upon inspection
and approval, Vail shall approve a reduction in the letter of
credit in an amount equal to 9OB the cost of the hrork completed
and approved. If the Vail Engineer determines that any of such
rmprovements are not constructed in substantial compliance with
the Specifications, it shall furnish the Subdivider a lisL of
specific deficiencies and shall be entitled to withhold approval
of the release or reduction of the letter of credit until the
subdivider has substantialJ.y corrected such deficiencies. Ttre
letter of credit shall be reduced or released upon completion of
such corrective work. rf the Vail nngineer determines t}rat the
subdivider will not or is unable to construct any or a1l of the
rmprovements in accordance with all of tll.e specifications, after
thirty (30) days pri-or notice to the Subdivider, VaiI may draw on
the letter of credit the amount necessary to construct ttr e
Improvements in accordance with the Specificatj.ons. Any such
funds shall be used by Vair solely for construction of or payment
for the Improvements in accordance wi_th the Specifications.
Woods, subject
may be amended
in writing and
5. Vail agrees to approve the final ptat of Vail
to the terms and conditj.ons of this Agreement.
6. The parties trereto agree that this Agreement
from time to time, provided that such amendment is
signed by alI parties hereto.
7. In the event suit is brought to enforce this
Agreement, subdivider hereby agrees to pay a reasonable attorney's
-3-
Vail, and VaiI agrees to pay reasonable attorney's fees if
judgnent is rendered in favor of ttre Subdivider.
8. Vail shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss
or damage happening or occurring to the Improvements specified in
this Agreement prior to the completion and acceptance of the same,
nor ehall. Vail, nor any officer or employee thereof, be liable for
any damages to persona or property injured by reason of the nature
of said work.
9. Subdivider warrants ttrat each portion of ttre
Improvements and materiaLs incorporated therein will be
constructed in a good and workmanlike manner and agrees to correct
any work not in conformance with this warranty for a period of one
year after acceptance of each portion of ttre Improvements by
Vai1.
IN WITNESS WHEREOF, ttre parties have hereunto set their
hands and seals the ilay and year first above written.
TOWN OF VAIL, STATE OF COLORADO
ATTEST:
By:
Town Clerk
By:
President of Vail Town Council
Subdivider:
I.K.S.-VAIL ASSOCIATES, a general
partnership,
By THOM-ROY ASSOCIATES, a
Michigan partnership, as general
Partner
By K. E. MANAGEMENT, INC.,a Michigan Corporation,
By:
-4-
Its President
SUBDIVISION
Item Deecription
D(HIBIT B
VAIL T{OODS
IMPROVEMENTS AGREEMENT
Unit Quantity
r09 5
Price Amount
1.Interceptor underdrain l. f.includes: excavation
and compacted backfill,
washed gravel, 6"perforated plastic
drain pipe, enka drain with uwM-28 water-proofing membrane
12r' P.v.c. drain pipe
Manholee (underdrain ffi
2.
3.
4. 4" diameter P.V.C.
eanitary gewer
service
5. Marihole (sanitarv
6ebteU
6. 8" P.V.C. san. sewer line
7. Clean Outs (san.
Eewer Eervice)
8. 8" D.I.P. water line includes: tees,
eaddles and bends
9. 8" gate valve
lO. 6" fire hydrant
11. Water service
12. 6" D.I.P. water line
l.f.
ea.
1.f.
ea.
t.f.
ea.
l.f.
ea.
ea.
r.f.
r.f.
260
2
465
I
110
3
530
2
3
75
2L5
TOTAL:
o az=+f**-4'-:--
CLAYCO}I8
ENGTNEERING
ASSOCIATES,INC.
February Il , i983
Mr. David Peel, Architect
P.O. box 337O Vail, CO. 81657
R.E: Highland ?ark Replat
Job No. 1?85.096
Dea.r Dave:
fhis letter Cocunents the general cornnents I made to you on the telephone on Pebruary 8,.1983.
T?re placer:rent of building envelopes on your drawing dated January 14, 1983 has avoided the most critical identifeit geologic hazard zone. As we Ciscussed, ttre entire area is still of relatively high hazard and the cautions contained in Lincoln Devore's report of August 16, 19E2, are still applicable. Very detailed geotechnical.
investigations on a site specific basis are still necessary and extensive mitigation measures may be necessary extending to off-site areas.
You explained that your client's intention is to sell the lots as individual cor.struction sites. I believe area-wide mitigation
measures n',ust be a condition of the lot sales. As an example, an area grading plan may be necessary covering all lots that
establishes building elevations. retaining wall locations, slope stabilization areas, etc. The rnethod of subsurface drainage for the area nust also be assured. My primary concern is that ttre activities of a builder on one lot wiII influence another lot or lots.
fhe method of dealing with the drainage from the west end of
Vermont Road should be established. Providing this drainage would
a!-so give an outfall point for the subdrain contemplated in that area.
fhank you for referring these
these ideas are beneficial to
Very truly yours,
drawings to us for comment.
you.
I hope
clAycol..lB8NGr11111111111111111;EERINGASSOCIATES,INC.
.%' K%f-^Z-
Elmer L. Claycomb /President /
ELC/mm
SUITE2OT \'ILLAGEPL\ZA Gt-EN\1'OOI) St'tilN(;S, (:( )t -( )tt.\tx) fr I {x) | 3():l-().+5.tr676
,:.:_. -
:i'. ':!.- 1:-:-',r
r:_ . ,a ,. . !i*: ":.
Lincoln DeVore
1OO0 Wesl Filtmore St.
Colorado Sprrngs. Coloraocr 8OgO7
{303i632-3593
Home Of f ice
l4r. Keith J. Poineroy I.K.S. Vail Associates
31805 Middlebelt Road Suite 305
Farmington Hil1s, Michigan 48018
Re: Preliminary Plan
Re-subdivision of Bighland Meadcws Lots 26-31 & 33-37,
Eighland Park Subdivision
West Vail, Colorado
Dear iqr. Pomeroyl
February 1I, 1983
At the request of David M. peel, Architect, personnel of this laboratory have reviewed a prelininary plan prepared by Mr. peel
for the resubdivision of Eighland Meadows, Lots 2G through 31 and 33 through 37 in the ilightand park Subdivision in West Vail,Colorado. Two plans were provided for our revi.ew. The first consisted of a topograpbical survey at a scale of I inch equals 50 feet, prepared by Johnson, Kunkel and Associates, Incorporated,dated December 15, 1982. On this topographic base map were plotted (I assume by Mr. Peel) the hazards designations fron Lincoln-DeVorets report dated August 16, L982.
The other plan received by us is a preliruinary re-subdivision drawing of Highland lleadows. tots 25 through 31 and 33 through 37,
HighJ-and Park by David I'1. peel , Architect. This rnap is dated January 14, L982t and it is drawn at a scale of r inch equars 50 feet.
The purpose of this letter is to comment on the proposed building envelopes as indicated on this prelirninary re-subdivision map in relationship to the geologic bazards inveitigation and sub-division evaluation (Highland park Subdivision, Eightand Meadows Subdivisions and Vail ViIi,age i{est, !'ilings No. l and 2, I{est Vai1, Colorado) performed for Claycornb Engineering, dated August 15, l-982 . This letter is written based on the field work and analysis done as part of the above referenced investigation
and our recollection of the siLe aEea.
No aoditional field reconnaissance, subsurface investigation,laboratory analysis or slope stability has been perforrned as part of this study. The reaCer is referred to the previous study by
Clayconrb Engineering (Drainage and Slope Stability Analysis,!lighlanci Meadows and Vail .,/iIlage itest Subdivisions, developed ior the Town of VaiI, dated August 17, 1982, Job No. 1845.001),f:r aoii'"icnaI information on the site.
E ighland
February Park Subdivision 11, 1983
The pre'r iminary pran proposes eleven rots in the re-subdivision area, with a specified uuitainq envel0pe indicated for each rot and a potentiai tot acces"-p"iia, Also indicated on the plan is the location of a subsurfi.S-ar.r.nuge system.
By superimposing the georogic hazard boundaries on the plan, the fotlowing observarion6 ".n-uu *aa. .u"ua ;;;;-;"irding envelope:
P-uil9+nq-Erg:rgpe r: This building_envel0pe is split by two nazard zones, zona-3 and zone 4G. -This.rli
"F the site is one which is characterized uv " ""ri"s of steps and benches on the slope; a type "{_!:1"g.:ilv s.r.rally .n"buni.ied in onty a few areas of this region. - rr,is irea of -ttre sia; -i;-;.pped as being underrain by coltuviat soi!.s,.itr,""gi;".;;;;
"i";" and benches may represent some forro of terrace or moraines. When reviewinq the geologic history of-ir,"-i"ii"", one cannot rule ouL the possibility of stepi and bench6" piing ";;;-i;; iy st.,,opir,e.overall, Envelope u1 can be classiii;; ;;-;;;;r;i.rry unstable slopes in an active g."unJ*utli'u."".
ffi.=iiiiiiTil';l"?f;","ii.f;;::;:}I"":;l:".:n"the step and bench topograitrv-*i,i"r, "n.r""i"ri"Ji goirai'g Enverope l. rn generir, ti't.- ri"p" of the terrai., i. this area is abour 30 percent, arthousr, i"*iii tr," n"ith;;i;-;.rtion of the building enverope,. the siop" or-il. g.;".;";;;i.I"es ro as much as about 55 oercent local1y. guilding Envelope 2 can be
;:i::t:::d. ai potentialry irn=tlti.-;i;p;;-;;";; jctive sround_
%: Building Envelope 3 is sprit between two zones' The norrherry one-hali of tt,e'en"ei"nJ'i" within the 4c hazard classificatioi. tir. ""uir,ern half is within the hazard zone classification G. aasicaliy, the 1ot is split between potentiarrv unsrable-slopes in ai'";ri";-;r;;r;;;r", area in the north and bv maooed randiride in trre ""uti.in"p"it. Access for aII of tne Euifbing envelop"i io, Lots 1, 2 anb 3 is on the westerly corner of Lot 3.
Paqe.-2-
*iH=**.*T:l--',^tli.. buildine envelope is sprir also ffi::;::^.$^::::]r;il:i"::";:':3:':J:3?irnaterv ?lrill "il,l-lf
"
j!"
- :: :: 1 tR._ . ;. ; t
-;"i " ;;;;,;";;ii -E ", lol;: ":ll;
f:'::_:::l'::::,.::::._?9 -p"i."iti. " ;;:::: ili..i,l"rji"rS.il
:i:":,.i: ;l:, ";;'*:::- ::' :i.-?a _
;i" r"i. =';"';;';:il.l"x'lin
;;:i:, j"u o:.u_.. l:-,:". ":I !i ^
i; - p;;" ;;. jI" ; .1,'.n l"Ti: ff ;.: :":f .n"
?:' i:'H" :?Iil"li". l:l l' _:l !f -;i"i ;i;y "Xr'i''"13i::"i:;":i,5::
l;";;. Ti,:::' :.1::' :: i : - :l:ri:";' ;i;;""".3ir 3" lif:": ;;:i;l' ii;"lii'!;" itYTp, l'."'3:- ?:^ 1 ::9" 1 i9"
-i";;;:" ;;5i ;- i.iiir" t i5i ::? t :i:;ff':3:: j,',. i;'-u^i:'+:9"':: ;;;;";;l;5' ".;;;';::#;I";:'i;Robinson durins nil rgTz =tuJv.-.-r;;=;ri;i;;r';:;?;::;".::= u."
Eighland Park February 11, I
Page -3-
rul,,1 ivision
t)e3
notr -howeverr - avairabre to us, and this, therefore, cannot be verified- rhis building enverope can be classified as ryin!-in an area of potentially unstable slopes in an active groundwiter area' with parts of it being on the mapped landsride]
3r-rilqinq-Envg!?pe 5: rhis building envelope is entirely within the 4G classiEiE:ti-on with slopes on the oider of about 30 per-cent. sorne steeper topography is rocated in the easterry pirt of :his- building envelope. -poleitiat access is located off the north-centrar portion of the rot. -this building enverope is in '-he area of .ootentiarly unstable slopes in an u6tiu. grb,rnaroaler
Fuil9ilg Enyglopes 6 eld 7: Building envelopes 6 and 7 are located wiTnin ttre hazErd-zone 5 area. slopls in the area of building.envelope 6 are on the order of 32 i"t".nt, whire those in building enverope 7 are on the order of about 2! percent.Access for each of these lots is off the end of the Lur-de-sacs.Setween the access points and the buirding enveropes themserves,a drainageway-traverses tbese lots from s6utleast to northwest.Access for building enveiope g is off an access easement r.ocated in building envelope z. nuitaing enveropes G and 7 can be cate-gcrized as within an area of metistable -slopes.
Buildinq Enyglopq 8: _ Building enverope g is split between hazard zone 5 and 4G- The drainageway which traversei this area (southeast to northwest) encroaches upon the easterly portion of this. building envelope. Topography i-n ttre ur".-or tbe extreme northr.rest corner of_this enveiopl steepens rather abruptry roiit,in a short distance. -,Easterry of ihe dra!.nageway, between the cul-de-sac and the buirding envelope, is a ra[.her-d."p and signifi-cant fill associated with the Lonstruction of the cul-de-sac and adjacent tot 38. ,Enverope g can be cr-assiriea as being in an area of potential-ly unstabre to metastable slopes in ai active groundwater area.
B_rriJQilg -_Envetooe 2-: Building envelope 9 is entirely within the 4G hazard zone. s10pes in the area of envel0pe g are on the order oi about 30 percent. potential access rlr iot 9 is frorn aSove, off. of the cur-de-sac of vermont court. Envelope 9 is in ali area characterized by potentially unstable slJpes iir an i.tiu"groundwater area.
E-{i-1-S!rg-qrys!o-pg-r-q.: Buiiding Envelope t0 is splir berween two zones' zone 4G and zone 4s. The easterly boundaiy of Envelope 10 is hazard zone 6- Buirding envelope r0 is cbaract.erized by "lop""oi 30 percent or less, with potential u""."" ii"* -ar-," c:q,!-er.l w p:rt of thls 1ot off of Vermont Road. The acces" i;-";;;;;i;'within,the hazard 6 zone crassification, rr,,is iruiiding envelope is.rnderi-aia by pctentialrv uns--able srcpes in an-actii. grounb_'da:er area, and cy possible active soliflucti.on.
H ightand
Febr ua ry
Park Subdivision
11, 1982
Wt Tli." buil-ding envelope is entirely within the 4c ctasEiTrc-Tion, arthough the east uoirnaiiy-i"-it"'r.,"""ri zone 6 area- Enverope 11 is characterized uy "iop"" on the order of about 25 to 30 percent. Access for building envelope 11 is from the uphirl side of the rot, off of Vermont court.
The plan indicates that vermont court is to be extended about 350 feet towards tbe west. Arso, vermont Road has previously been shifted'"owards the south necessitating r.rifr,., cuts in the area of the cul-de-sac. The extension of v6rmoit court resurts in more disturban:9 of the ground surface and associil"a-"rtlirg and filling operations.
fn the area of this-subdivision, limiting both the extent and height of cut and firr. sropes ii consideied to be one of the pri-mary recommendations. A summary of conclusions reached in thl previous Lincoln-Devore study i-ndicates tirat developnent ^.y--not be economicar in hazard zone 5 and G areas. rhese i..ira"-ir"rt"of Envelopes No, 3r.4, 6, 7 and g. rn the area of ttre portion-ot Envel0pe 10 underlain_by possible solifluction deposits, i[i;--*;;not be economicar to develop in extreme cases. tiro""-ii""r-' "'*t
underrain py potentialry.unitable sropes and active grounJwater areas rnay be very expensive to deveroi, and incluoes-enveiop."-r through 5 and 8 through 11. on virrulirv--"ri-'tile lots, tbe assessment of s10pe stability and construction consideiations may invorve off-site anarlzsis, aia in category 4s, 5 and 6 areas wilr probably involve off-site analysrs.
Also noted on the plan is that garages may be outside the enve_lopes. Even though garages .r.-"or,6iaerea ipp".""t structures to tbe main dwelling units, the effect of gradini fo. garages, dri_veerays' etc. wouid also have to be anaryzed piior to any type of site developrnent.
?:=:9_?l !h:. p:uyj"us investisarions performed on this subdivision,1t appears that the landslide which occurs in the centrar portion oi the site is located armost entirery within tte property boun-daries. This wou1d indicate that mitigation oe iire landsride night be pcssible, and therefore, if :nltigated, coura possi.bly be --the site of two to possibly four building-..,rr"io1.". The rnitiga-ticn would, of course, havi r-o be precedea ry a betailed investi-gaiion, analysis and pranni.ng so tirat nitigaiion courd result in a sui:ab1e corstr:tction area.
since nost l'ra zard cate-oories in +-bis subdivision may involve off-sii: aralysis :c ieterni:'re s!-abirity characteristics, i.t is reconrmended t-1ar a more detaired su-bsurrace ioiis investigation,engineering -oeology and slope stabiriay i;;"=tit.ti"n be con-ducted in crcer to analyze lhe magnitude of the various hazards present cn-si:e. pranning can then proceerr with a clearer '::roerst.anding of t:re areai that can te mi tigaiec econoni:ar .,i .., a;rd ::)-..se tc ar'.: i i .
t
We hope this has providecl you with the infornation required.
you sbould have any questions or dlesire further infornation,please contact our office'bE your convenience.
Respectfully subnltted,
LINCOLN-DeVORE TESTING LABORATORY, INC.
By:o w.elr
Pro ssional
7/fZAv777
Revi Essigmann,P.E.
Jt{E/1ab
LD Job No. 475OG
Highland
Febuary
Park Subdivlslon 1I, 1983
If
Jr.t
CTL/THOMPSON. INC.
CONSULTING GEOTECHNICAL AND MATERIALS ENGINEERS
September 28, 1984
Western Federol Sovings
700 - lTrh Streel
Denver, Colorodo 80202
Attention:
Subject:
Mr. Dwid Mwlin
Horizontol Droins
Highlond Pork
Voil, Colorodo
Job No. 10,085
Gentlemen:
Our engineer visited the subject site ot vqrious times during constnrtion of the droins to observe drilling, droin pipe instollqtim ond monitor woter
conditions. The ptrrpose of this letter is to summorize conditions observed by our
engineer ond briefly describe cmstruction ond instollotion procedures.
Prior to mobilizotion of drilling equipment, our engineer surveyed lhe
locotion of the outfoll for the droin, determined spocing of droins qnd the crgle ot
which the droins should be insfolled. The proposed droin outfoll is obout 70 feet
north of the building locoted on Lot 39. From this porticulor locotion, three
droins were proposed to be instqlled which would extend to the opproximote
southern edge of Vermont Rood.
Boyles Brothers Drilling wos conlrocted to instoll the droins od stsrted
mobilizing their drilling equipment on August 16, 1984. Our.engineer wos present
to indicote to Richqrd Horn, drilling supervisor, the locotionsot which the borings
should stort ond discussed with him possible routes for occess. The equipment
needed for instollotion ond drilling consisted of o woter pump ond dritl rig both of
which were mounted on skids os well os vorious drilling occessories. These pieces
of eguipment were lowered down the slope, west of the building ond vorious coble
ond wenching devices were used to move the drill rig to the proposed locotion.
This mobilizotion wos compteted August 20, 1984. We observed thot the
controctoi took core to preserve the exisling vegetotion.
ln order to instoll the slotted PVC droin pipe, the borings were drilled with q
4-inch ond 3-inch diometer cosing. The 4-inch diometer cosing wos odvqtced for o
distsrce of 89 feet ot which point the 3-inch cosing wos used. During drilling,
wqter wos used to odvsrce the cosing. The woter wos recycled through o horse
trough using the pump. Speciol precoutions were token to reduce the qnount of
wqter thol would flow downslope.
l97l WEST I2THAVENUE . OENVER, COLORAOOaO2O4 . (3O3rA254777
-2-
The center boring wos drilled first. Drilling wos storted August 2l' 1984 ond
completed on August 27,1984. The hole wos drilled ot o set crgle of 8 degrees
from horizontol ond oftei completion the hole wqs meosured to be ot cr ongle of 6
degrees. Moieriols encountered consisted of silty sonds with occosionol grovel ond
cobble. At o dislonce of 140 feet, the mqteriols chonged to o cobble crd grovel
with occosionol sond lenses which extended to the end of the hole ot 215 feet.
Since woter wos used during the drilling operotions it wos diff icult to estimqte ot
which point ground woter wos encountered in the boring. The driller did indicote
thot it oppeored ihot woter wos found in the lost 20 io 30 feet of the hole. After
the hole wos cleoned ond flushed, the 2-inch diometer slotted pipe wos inserled
inlo the hole to the end length of 215 feet. The pipe wos held in ploce while the
cosing wos withdrown from the hole. After oll of the cosing wqs removed from
the hole, o 4-inch diometer PVC pipe wos inserted to o length of l0 feef. At this
time, woter wos exiting the center droin ot on esfimoted rofe of l0 gollons per
hour. The lost 15 feet of pipe ot the outfoll wos solid so thot grouting could be
occomplished without plugging the droin. The contrqctor ottempted to grout the
hole using o pumped slurry mix of cement ond wqter. Dtre to the disturboce of
the ground surfoce within ihe oreo, the grout flowed from the ground surfoce neor
lhe drqin outfoll. An olternotive method wos selected in order to grout the
borings which consisted of extending verticol shsfts to the droin pipe ond using o
grovity feed and thicker grout mix. The grouting operotions were completed on
August 28, 1984. After grouting, o woter meosurement wos tqken ond indicoted o
flow of opproximotely I gollons per hour. This woter wos chonneled into the
drilling woter recycling operotion.
The second droin wos storted August 29, 1984. Very little movement wos
necessory for proper olignment of the second droin which wos opproximofely 3
feet to the west of the center droin ond obout l0 degree horizontol ongle from the
center droin with o 6 degree verticol crgle from horizontol. Agoin' this droin wos
instolled by drilling the 4-inch cosing for o distqrce of obout 89 feet crd
continuing the hole to the totol length drilled of 192 feet with 3-inch diometer
cosing. Moteriols encountered dlring drilling consisted of oliernoting lenses of
sondy grovel, cobble ond slightly sitty sond to o length of 165 feet. From 165 feet
to 192 feet, o medium dense cobble ond grovel wos encountered with some sqrd.
The driller indicqted on his logs fhot woter wos encountered qt on opproximote
length of 170 feet. Drilling wos completed on September 4, 1984 for the west
droin of which time the slotted plostic pipe wos instolled. Agoin, os with the
center droin, the pipe wos held in ploce while the cosing wos withdrown from the
hole. The hole wos grouted on September 4, 1984 by drilling verticol holes fothe
horizontol pipe crd ollowing the thick grout to flow by grovity. A woter flow
meosurement wos mode ot the completion of grouting ond o flow of opproximotely
5 gollons per hour wqs found.
The third droin wos storted on September 5, 1984. The direction of the hole
wos eost, 12 degrees horizontol from center droin ond 7 degrees verticql from
horizontol. During drilling, mqteriols consisted of 4 feet of topsoil; from 4 feet to
37 feet o cobbleind grolelty moteriol wos encountered. From 37 feet to 185
feet, o silty sond wos encountered with occosionol grovel. At lengths of 70 feet,
105 feet, ond 130 feet q dense cobbly moteriol with o fhickness of opproximoiely 2
feet wos found. The hole wos completed ot o distcrce of 222 feet. The driller
-3-
indicoted thot the lost l0 to 15 feet, o hord rock moteriol wos found. Woter wos
encountered ot opproximotely o length of between 190 to 200 feet. The drilling
operotions were completed for the eost hole on September ll, 1984. After this,
the hole wos grouted on the some dote using the some methods os previously
stoted. At this time, woter wos observed to flow from the hole ot q rote of
opproximotely 4 to 6 gollons per hour. Woter continued to flow from the center
hole ot opproximotely 6 to I gollons per hour ond no woter wos observed f lowing
from the west droin. After completion of drilling on September ll, 1984, the
drilling crew storted breoking down equipment ond houling their drilling ond woter
pump to Vermont Rood. Our engineer wos present during the demobilizotion
operotions qrd core wos token to detour oround the droin instollotion so thot these
would not be domoged. The controctor olso bakfilled excqvotions thot were
necessory to construct the drilling pod. We hove not visited the site since drilling
equipment wos removed
lf you should hove ony questions or if we con be of furfher service, pleose
coll.
Very truly yours,
CTL/THOMPSON, tNC.
Reviewed By:
MEC:RWT:91
(3 copies sent)
'a.
.
Roberf W. Thompson,
I ii' [;iiin ti]i.l;l;lT Eiii',,1:l'iir 11:lT ij!] irIiiil If iiTti
I'.O. Box 179 I')aglc, C.olorldrr 8l (illl
u0iirI [ |jiii{ ! I'
i\lcl )onald llld6. 55(l.Ilror'drr ay
. 25 January 19?B
Itigh Country Devcloprnent Corporation
1860 Lincoln St..
Denver, Colorado 80203
Re: FiIe lfo. Sp-9?-76 - Highiand X'Ieaclows
At their regular lt{eeting on 18 January 19?8, the Eagle County Planning Commission
tabled the plan revierv of Highland i\leadol's until their meeting on 15 February 19?8
in order to have the follorving items finalized:
1. Water set"r'ice plans and agreement n.ith specific tvater" district;
2. Filter design for runoff frotn parking lots ;3. Plans for recreation and park faciiities s'ithin the common openspace areas;4. Plans for provisions of an emergency egress "l'oad" from Vermont Foad to the
I-?0 frontage road;
5. Revised road plans to include revegetation plans;
6. Determination of school land dedication payment;
-->7. Plan revision to indicate no consi.ruction rvithin the 30 foot stream setback;' 8. correction of covenants involving fences, building heights, and Board of
County Commissioners re:qui red action.
The Planning Commission also recommencied tlrat the plan be amended to indicate
parking space sizes of 9' x 19r rvith the area saved by the reduced paving being
committed t.o landscaped openspacc, and that the noad shoulder rvidth be reduced
to 2r on each side. The final plat should shon'the s.i:i trail as a pedestrian access
e asement. /
If you have any quesi.ions, please contact tljs office-
anner
1'J{/kp
cc: lloard of County Commissioners;
Lclov'lkrl.:ler'. liXliNA
l'l:,r,:.,r r"l), i'.'i tt,,. ',i i'i.,r,,,irrr: (',,;.:nris\;r,,r: i.lr:l,.lir.. :,,e,
lt::ilr!i:r;: ()ri:. i:rl. llr:ii,l,;r1 I'r:-rriits :rl,,l l::.i,r.r liln. )l,,rlrrl:
1/
Iir';"ninq, .,\p1:!ic:r t iln'. ..r rirl 11,.r'it.s' ( Jrtll 3:S-{;J3S
i\ 'liriir'i\t rl t;',rl lii):tl ;i-lS (;:t:;ll
errill
cTL/Tr{OMPSON, rNC.
Cl'l)i:j:_.,l_l'IliG L:iO T I:CI ir\:ic..:..
December. 2, 1977
l(etchun, Konkel , Barrett, Nickel , Austin
Consu l ti ng Engi neers
7456 l'Jest 5th Avenue
Denver, Colorado 80226
Attention: l'1r. Larry Svrard
Subject: Highiand l,ieaciows
Eagle County,Colorado
Job l,lo. 3967
o
.. \:'-, l!:Al'i.:;:|;\L-S t_t ,GtN=i:FlS
i
I
I
T?FIq
Gen tl emen :
{t the reguest of Mr. Larry sward we have revievred the preliminary p1 an for H'ighland l''leadorvs, Eagle county, colorado. The purpbse of oui r'ev jew
yiqs 1o update the report prepared by our firm for pioperty occupied by Highland I'leador'rs 'in July of .|973. Our report No. lz3z caied Juiy ll,-.|973 was_prepared for a different site piin rvith an entire'ly dif?erent sy1te1 of identifying various portions of thjs site. The purpose of this.letter is to reference our opinions in our report No. 1232 r.rith-the current rnethods of identification of the prope'rty. In addition, we have presented so;ne additional comments regariing siie development be-cause of changes.in concept since our original investigation.' 0ur firm-name changed from Robert l,J. Tho,npson, Inc. to CTlfThornpson, Inc.in 1977. The original report No. lz3z vras submitted under the name of Robert lrl. Thompson, Inc.
The areas former'ly known as Block I and Block 2 are designated as Building Areas I through 5 on the present plans. As indicated in.our original report, we believe buildings can be cons'uructed and fairly intenie
development can take place in thjs area r,rith only normal Lonsideration of the soi'l s and foundation conditions. Bui'l ding A,*eas 2 and 4 impinge on steeply,s)oping ground. fqr these particular-building areas fairl! com-prelrensive investigat.ions''and site analyses rvill be necessary for Lon-s'uruction. The types of investigation in these tr.ro areas will be con-
siderabl;r-more _exterrsive than'the type of investigation for.Bui lding Areas l, 3, and 5. construction geotechnical inv6stigations for auilding Areas l, 3, and 5 should include the usual analysis oi problems r.rith localjzed settlernent, allowab'ie bearing capacities, preisures on basement t'ralls.rnd pro'uection of the structures from ground r.rater. This is rather
lwicat-gf the type of investigation required for any significant building.For_Building Areas 2 and 4 construction geotechnical- jnvestigat.ions must include an ana'lysis of the impact of the-construction on sloies and a
t5-
l TOl s'OL,r Il r FOi:RAr- nLVo , sL,tTE D . D:-_NVt_'i, (]O!_O'?n i)O AO2l<J . (-rC3) 934_.r473
careful stability anal-vsis of the structure, both during construction and after construction r.rith-respect to the sloping area. if,ese investiga_tions may cost 2 to 3 times as much as a stanclard foundation investiga_+;^- -i- { L^ 1,1.: l -L-iun l LitS vdt I area.
ln our ori g'i na1 i^eport r,'e recoinneiidec di-ainage of spring areas in the upper part of Blcch 4 arid beio:.r slock 3. These areas hive been re-cjcsignaLeci as 5it.es 1 throu3h 25. Our corrclusions vith respect to de_ve)opnent in t.his erea ar.e esseritiaily the sarne in that the area can be safely ceve)oped proviced adequate drlinage is installed- l,le assume that sonre form of interceptor drainage rvill be provided on the uphili side of this area in the vicinity of Lots 5 through 9. R suuiurtace drain shoulc exlend fl'cn the cu,r-c'e-sac on i.,leadci.r Drjve down through Lois l2 and l6 to control an area.of knor.rn h'i gh ground r,;ater. rne titesi mapl furnished our firm indicaies substantial portions of Lots 4 through b,and l9 to 25 are restricted as open space. These restrictions ar6 r.r;[h;n areas deso'ibed as high hazard zones in our originai investigation. l^le bel.ieve_the open space.as designated on the p)ai should be maintained and building restricted fron these areas.
In.our_original report,';;e indicated'uhat all of B'l ock 5 might not be suitable for dr'elopn:ni, considering both stability and experrse of solu-tion of stabi'l iiy prob)ens. The subitantial reduction in dbnsity rrhich-has occurred betvreen. ihe original pian and -uhe present plan may rnake developnent vrithin this area 'o;e ieasible. prlseni p1!n shovs a sub_stantial pc,r'i-ion of Lots 26 ifirough 42 urhich,uus -iiginii'ty aesignatea as.Block 5 as b'ein9 restricied from building. const.Jciion"or-i.iuii-into this area and to tire individual sites appeais to be a potential problem--As.a.rninirnum *e suggest i.hat Lots 26 thibuEh 42 be spetiiieo as zones re_quiring.a complete geotechnical investi.gation analyiing uott, the stability of fourrdations and ihe st.ability of incividual s;tes ai i criteria for development in t,his area.
Logic 'i ndica'ees that devclopnsnt r.;ill prob:b]y proceed fron the east to-t'rard the t'rest triih l1eado,.'brcok Dril,e and tternLnt Road constructed initially.As ariciitional access becones avairabre to the site vre believe there may be a poteirtia l io;' su[rstantial savin_cs -eo the ol.i'er by do.i ng additionai soils investigation and anaij'sis or ine problciirs ur.oi;ui"o rr,ith construct-ing Vernicnt Flr-rcd jn the area:n;ediately above Tract B.
0r'eral I recci:,,',r?ndati orrs .i n our ori ginal report include 'l inriting sfte graciing to a ;r'inimum.and recori;*:rding that'coristr-rition pians tal:e ad-vantage of the relat'i vely flat areas on ilre terrace aeposits- The de-tailed-criteria prese'ted in our oriEina) report should be observed for prelirninary conceptua) p)ans- Detaiied site studies of individual construc-tion sites may indicate that deeper cuts or fill vill be locally acceptable.
a - L-
la
,
This type of study should be conducted on a site-by-site basis as con-struciion plans are prepared by individua'l oirrners.-
In our opinion, building founciations rvil:l not present any unusual pro-
blerns for the most part throughout this area. tle be] ievl rnost of tle founda'uions wjll be supported by ter:race deposits rvhich are primarily granu)ar materials. lle anticipate the majority of the structures uill be constructed rvith spread footing foundations. Design pressures will pr obably range from 2,000 to in excess of 8,000 psf, Iepinding on the location vrithin the.overall developrnent- Lots 26 through 41 may require moie exBensive foundations, but there is a possibility ihat be<Jiock'
may be shallcw in these areas- Drilled pier foundations may be requir^ed or-footin.os r,ray exiend to relatively sha'l lor,r bedrcck. pro-bable bearirrg
var'ues wiii be relaiiveiy high. l.le recomnrend careful architectural coi-sideration in building design to fit structures to the site to minimize the,possibi)ity of creating 1oca1 slope instability. Individual access road locations should.be careful'ly planned to avoii undercutting existing natural, relatively steep slopes. Anaiysis of the proposed acc6ss road locations should be included as part of the individual'geotechnical studies in the steeper portions of the site.
considerable discussion has occurred betvieen our firm, the previous en-gineers, tire present par"ties planning cievel,opment, and representatives of the various state and local agencies. l,le'haye a complete record of various cornnents in our files. As this project proceeds, if additional copieg of ejther our original report or information re_oaiding various detailed schemes for drainage and other foundation relSted aetails become necessary, we r'rould be happy to provide this additional information.
If we can clarify our cpinions in any way, p'l ease cal1.
Very truly yours,
-3-
CTL/TH0|4PS0N, INC.nrn sv-_-W-ny'=-?-
Robert li. I cmPson,
Rl,ff: dm
(3 copies sent)
t7
SUBDIVTSION IMPROVEMENTS AGREEMENT
' THrs AGREEI'IENT, made and entered into this 23rd day
of May, 1978, by and between High Country Corporation, a CoIo_
rado corporation, hereinafter referred to as ,,subdivider", and
the County of Eagl_e, State of Co1orado, a body corporate and
politic' by and through its Board of county conmissioners, here-
inafter referred to as ,'County" .
WITNESSETH:
WHEREAS, the Subdivi.der, as
of the final plat of Highland Meadows
enter into a Subdivision fmprovements
by Section 30-28-137, Colorado Revised
and
a condition of approval
Subdivision, desires to
Agreement as provided for
Statutes I973, as amended;
WHEREAS, pursuant to the same authority, the Sub_
divider is obligated to provide security or collaterar sufficient
in the judgment of fe Board of county commissioners to make
reasonable provisi6n for compl-etion of certain pubric improve-
ments set forth in Exhibit "A" attached hereto and incorporated
herein; and
WHEREAS, the subdivider desires to provide colr-ateral
to guarantee performance of this agreement, including construc-
tion of the above-referenced public improvements, by means of a
plat restriction;
NO't{ THEREFORE, in consideration of the following
r,iutual covenants, conditions, and promises, the parties hereto
agree hereby as fol lows:
l. Subdivider hqreby agrees, without cost to the
County, to arrange for the furnishing of al1 equipment and
material necessary to perform and complete, in good workmanlike
manner, all public improvements as shown in the final plat docu-
ments for the subject subdivision in accordance with all plans
and s1>ecifications for the subject subdivision fired in the
office of the county Errgineer and,/or the Department of planning
and Development and to do all work incidental thereto according
to and in compliance with the followinq:
(a) Alt final plat documents submitted prior to
or at the tirne of final plat approval.
(b) A1l laws of the United States, State of Colo_
rado, Eagle County and its various agencies, including
its Zoning Resolution, affected special districts and/
or service districts.
(c) Such other designs, drawings, maps, specifi_
cations, sketches and other matter submitted by sub_
divider to and approved by any of the above_referenced
governmental entities. A11 said work shalr- be done
under the inspection of, and to the satisfaction of
the County Engineer and/or the Building Officiall re_
spectivelyr of the County of Eagle, and shall not be
deemed complete until approved and accepted as com_
pleted by the Board of County Commissioners of the
County or said Boardrs appointed designee.
The estimated cost of said work and improvements
is $63,000 for Lots l through 25 and S55,5lO for Lots
26 through 42. See Exhibits C and D.
(d) Lots I through 25 development will be com_
pleted prior to eJ"tii"'., 1980. Lots 26 throuqh 42
development will be comptered prior t" oS;HIff
2. To secure and guarantee performance of its obli_
gations as set forth herein, the subdivider agrees to provide
securi-ty and collateral in the followi.ng form. as approved here-
in by the county: a plat restriction to be praced prominently
on the final plat map for the subject subdivision containing the
iirr-rguage set forth on E>:hibit "B" attached irereto and incorpora-
ted herein by this reference.
3. ft is mutually agreed r pursuant to the provisions
of Section 30-28-137 (3), Colorado Revised Statutes 1973, as
amended, that the County or any purchaser of any lot, Iots,
tract or tracts of r-and subject to a plat restriction which is
the security portion of a subdivision improvements agreement
shal1 have the authority to bring an action in any district
-2-
court to compel the enforcement of any subdivision improvements
agreement on the sale, conveyance or transfer of any such Iot,
lots, tract or tracts of land or of any other provision of part
I of Article 28 of Title 30 of c.R.s. 1973. such authority shall
include the right to compel rescission of any sa1e, conveyance,
or transfer of any lot, lots, tract or tracts of land contrary
to the provisions of any such restrictions set forth in the plat
or in any separate recorded instrument, but any such action shall
be commenced prior to the issuance of a building permit by the
County where so required.
4. ft is further mutually agreed that pursuant to the
provisions of Section 30-28-137(2). Colorado Revised Statutes
1973, as amended, that as improvements are completed, the Sub-
divider may appty to the Board of county commissioners for a re-
lease of part or all of the collateral deposited with said Board.
upon inspection and approval, the Board shal1 release said col-
lateral. rf the Board determines that any of such improvements
are not constructed in substantiar compliance with specifications,
it shal-r furnish the subdivider a rist of specifj-c deficiencies
and sha11 be entitred. to withhold collateral sufficient to in-
sure such substantial compliance. If the Board of County Com-
missioners determines that the subdivider will not or is unable
to construct any or arl of the improvements in accordance with
a1I of the specifications, the Board of County Commissioners
may withdraw and employ from the deposit of collateral such
funds as may be necessary to construct the improvement in accord-
ance rvith the specifications.
5. The County agrees to approval of the final plat
of i{ighland l'leadows subdivision, subject to the terms and con-
d:i i-ions of this agreement.
6. Parties hereto mutually agree that this ag.reement
niay bc amended from time to time, provided that such amendment
be in writing and signed by a1l parties hereto.
7. In the event suit is brought upon this Agreement,
Subdivider hereby agrees to pay a reasonable attorneyt s fee to
be fixed by the Court if Judgment is rendered in favor of county,
and County agr:ees to pay reasonable attorney,s fees if Judgnent
is :-r=ndered in favor of the Subdivider-
-3-
8. county shall not, nor sha11 any officer or employee
thereof, be liabl-e or responsibre for any accident, loss or damage
happening or occurring to the works specified in this Agreement
prior to the completion and acceptance of the same,.nor shalr
County, nor any officer or employee thereof, be l-iable for any
persons or property i-njured by reason of the nature of said work,
but aIl of said riabilities shall be assumed by subdivider.
The subdivider hereby agrees to indemnify and hold harm-
less.the county, and any of its officers, agents, and emproyees
against any losses, craims, damages or riabirities to which
County or any such of its officers, agents, or employees may be_
come subj ect to, insofar as any such losses, claims, damages or
liabilities (or actions in respect. thereof) that arise out of
or are based upon any performance by Subdivider hereunderi and
the subdiver shalr reimburse county for any and arr legal or
other expenses reasonably incurred by county in connection with
investigating or defending any such loss, craim, damage, liabiJ--
ity, or action- This indemnity provision sharl be in addition
to the other liabirity which the subdivi-der may otherwise nave.
9. It is further agreed that Subdivider shall at all
times from the acceptance by the Board of county commissioners
of the roads offered for dedication in the subject Subdivision
up to the completion and acceptance of said work or improvement
by County, give good and adeguate warning to the traveling public
of each and every dangerous condition existent in said roads or
any of them, and will take reasonable care to protect the travel-
ing pubric from such defective or dangerous conditions. rt is
understood and agreed that untir the compretion of alr the im-
provements herein agreed to be performed, each of said roads
Ilot accep.'ei. as i;irprovi.,d sjrall be rrrrcler the charge of Subdivider
for the purposes of this Agreement; and Subdivi-der may close a1I
or a portion of any street or road whenever it is necessary to
protect the tr:aveli'g pubric curing the construction or instal-
lation of the improvements herein agreed to be made.
10- subdivider v''arrants each portion of the work and
tiaterial for a period of one year after acceptance of each por-
tion of tlle lrork referred to i.n this ;.;rcement by county. Fur-
ther, county sharr have a right to require the security or col-
-4-
lateral provided by subdivider to remain in effect in any amount,
as determined by county, sufficient to cover any clairns under
this warranty.
rN wrrNEss WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
COUNTY
By and
Cornmi
OF EAGLE, STATE OF
through its Board
COLORADO of County
I
Attest:
ATTEST:
Chairman
Subdivider:
Vice President
ners
c
Comrnissioners
HIGH COUNTRY CORPO
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EXHIBIT ''A''
HIGHI.,AND MEADOWS
PUBLIC IMPRbVEMENTS
FOR ROADS AND RELATED DRAINAGE WORK AND RE-VEGETATION
AND RESTORATION OF AFFECTED TERRATN
Said improvements shall include excavation, embank_
ments, graver, asphalt surfacing and construction and installa-
tion of culverts; and. restoration and re-vegetation of terrain
disturbed by said improvements. All of the above as more spe-
cifically set forth on the finat prat for HighJ-and Meadows sub-
division, and those publ-ic improvement maps, plans and specifi-
cations for said subdivision as filed in the office of the county
clerk and Recorder, and/or county Engineer and/or the Department
of Planning and Development, respectively, County of Eagle,
state of colorado, all of said documents incorporated here5.n by
this reference.
f'
EXHIBfT ''8"
PIAT RESTRICTIONS FOR HIGHLAND MEADOWS SUBDIVISION
Lots I through,and inc1uding,42 of this plat are subject
hereby to the following restrictions:
There shall be no sales, leases or any other
form of conveyance of any of the'subject real propertyr
nor shall building permits be issued in connection with
the subject real property, untiL such time as this
restriction shall be deleted by the Board of County
Commissioners in accordance with the terms of that
certain Subdivision Improvements Agreement affecting
the subject property, provided, however, building
permits or similar permits may be issued for any of
the work or structures required prusuant to said
Subdivision Improvements Agreement.
d
a o
EXHIBIT "C''
HIGHTAND MEADOWS COST ESTIMATE FOR ROAD CONSTRUCTION ON
VERJ.IONT ROAD FROI'I ALPTNE DRIVE TO CURVE 3 AND A],L OF MEADOWBROOK DRIVE
rTEI{DESCRIPTION UNIT QUANTTTY
UNIT
PRlCE cosr
L
2.
3.
4.
5.
6.
7.
8.
Unclassified Excavation
Embankment
18" CSP
Gravel Surfacing
Asphalt Concrete
Rip Rap
Pervious Gravel Blanket
Re-Vegatation
c.Y.
c.Y.
L.F.
Ton
Ton
Ton
s.Y.
10,000
10,000
254
2,2OO
600
5
200
6,700
I 1.s0
1.00
18. 00
5-09
. 25.00
20. 00
3. s0
1. OO
TOTAL
$15, 000
10, 000
4,500
11,000
15, 000
100
- ?00
?,700
$ 53,000
d
EXHIBIT "D"
HIGHTAND MEADOWS
TOTAI COST ESTTMATE FOR ROAD CONSTRUCTTON
toTs I THRoucH 42, TNCLUDTNG VERMONT ROAD coNNEcrroN
TO ALPINE DRTVE.
rTEII{UNTT
PRICE DESCRIPTION
Unclassified Excavation
Embankment
18" csP
24" csP
Gravel Surfacing
Asphalt Concrete
Rip Rap
Pervious Gravel Bl_anket
Revegatation
UNIT ANTTTY
18, 5oo
18, 500
2so
160
4,150
1, 150
I2
600
12,4OO
I 1.s0
1.00
18. 00
22.00
5. 00
25. 00
20. 00
3.50
1.00
cosT
s27,750
18,500
4, 500
3, 520
20,?50
28,750
240
2,100
L2,400
$118,510
1
2
3
4
5
6
7
I
9
c. Y.
L.F.
L. F.
Ton
Ton
c.Y.
Ton
s.Y.
TOTAL
dt
.-. I
I {a EI _a-.-. --f -^ -a EIt I= .rF .>?- '7;' //t
r- , -,, - -\f\ Frl t i.t | \-,'4 tr t ir,' j-- : .;. : .. l. -'-': l,rli
HrQI{LAND prEADor{s l-' r::-'r .-': ' ^ ",'
.._...-...-r___ _ 17,1:.::,,.".;-; i:F _,2
A:
A Planned Development
Sketch Plan/Prelirninary plan Submittal
Eagle County, Colorado
Exhibits Subrnitted
Surr-rary of Eagle Cor&ty Subdivision Regulation Re-guirenents
Sunmary of Zoning Resolution Reguirements
Project Srr,unary
Geology Report
Soils Report
Soils Classification
Wildlife Inventory
lrildfire Inventory
Drainage Study
Utility Se:r,'ices
Proposed Covenants
Plans Subnitted
Extribit
Exhibit
Er&ibit
Exhibit
E)<}ribit
E:*ribit
. ExhiSit
E>dlibit
Exhibit
Exhibit
B:
C:
D:
F.
F:
G:
E:
r:
iI:
K3
of
Sheet
Sheet
Sheet
Sheet
Sheet
Sheet
Sheet
Sheet
1: Vicinity llap
2z Prelininary Plan
3: Grading and Drainage Plan
4z Utility Plan
5: Lanoscaping Plan
6: gpical Cross-Sections
7 thru 10: Preliminary Street
11: Architectural Concepts for
PIan and Profiles
Apartment Complex
o
EXHIB]T A
SU},IMART OF SUBDTVISTON REGUI,ATTO}I REQUIR-EI.IENTS
HTGHLAI'ID MEADOI^IS
Eagle County, Colorado
4.0f Sketch pl"an Requirements:
4.0r.01 thru 4.01.03 This information is furnished in more de-tail r:nder prelirlinary plan requirerirents.
4.02 Prel_iminary plan Reguirements:
4.02-01 The prelirnljnary plan is shown on one sheet 42" by 42"at 1" = 50, (see Sheet 2).
(a) sufficient information is submitted to indicate that the final plat wilr meet the requirernents estabrished under CRS l_36-2-2, Land Survey plat, as amended..
(b) llorth arrovr, graphic scale, date of preparation, and cont.our interval is shown on the preliminary plan on the lower right hand corner of the sheet.
{c) Bor:ndary lines with bearings and distances, arong with a lega1 description of the property is shown on the preliminary pIan.
(d) Adjacent property owners are shown on the prelirninary plan.
(e) Contour intervals are 2 foot in the flatter areas and 10 foot in the steep areas.
(f) Legal description, preliminary util_ity, road, grading,
and. d.rainage plan have been prepared by K}BNA nngineers;soils re;rcrt has been preparecl by nobert ltrompson &Assoc.; geologic report by Grarles Robertson & Assoc.i lanCscaping plans and architectural sketches by Harold Enqstron, AfA. I{ildfire infornation is from tte Colo-rado State Forest Service.
Street names and lot nurnbers are
n >rrr rr'l >n
La:rd use and lot areas are shown plan.
Tract B, Tract C, and. open space Lots 4 th:-u 9, 19 th:-u 29, arld 35
(g)
(h)
shown on the prelimi-
on the prelininary
easements on Tract A,t-hru 42, will be
(i)
a
ror public open space-. See nxhibit C for information on open space. The open spac" ,iii i *i"l:_i:..d by the -froposea
recreatio,r",::::]"ped and Highland r,lea-dows Hlo.orr,"rs r Associ_ri&ila.tct or the
(j) aff open space will be dedicated to the public.(k) ,r, J,liul#e of the proposed subdivision is rrishland
(2) Nanes and address o_f owner and fir_ms supplyinq in_f:ilTi:|. ror the prat aie ;;;-;" rhe prarani-
(3) Names-and addresses. of the adjoining land owners are also shown on the plan.
(4) rntended l_and uses_lrith_acreages is shown on the preliminary plan in_sufficieni aetail to satisfv the requirenenrs under cRs-id;_;Iiztal
(5) Filing fee is enclosed.
tt' :;:"tS:::: - ror teri:rs or reservations or public
,t, l#;f: if. the proposed covenanrs is enctosed (see
(8) See Exhibit C for assessment of need for pro_posed. subdivision.
4.O2.02 A vicinity map is enclosed (see Sheet 1). t?re vicinitv map is from a uscs quad "n."t-""i-.;;; ;u.r., enlarged to a scale of l" = 1000- feet. fire vicinily n,up shows ad_joinins subdivisi"",- iir".r and hi;;;;; locarions, dd_iff::: utiliries, natural _a,;i;";"#;;;
and section
4. 02. 03 (a) a cetai-led, geologic t.p:I:.-(i;.-}ribit D).was prepared by Charles. Robinson-c-gss5ciates and a soils report (Ex_li3'i.i]tl':i ::iil':f";l^gl:=t'r.,"*i!"., e a=.o"iates.
ai a not, in ;iG; -"^; il""ii:i":I"i;:: r" f "[n :}.,;"iff 5:i:,"rD porll3n of -this proper-t],. rie orijinal proposed development had - "ili!".1:, r,i.gh--d;;ii], on the fiar porti'ons of the site. -This-p-"po.Ji"iirr"ropr..nt
lowers and redisrribures trr" a"r,.iti ;;;;-;hJ-J'tire buildable portion'- t-11.FT"p"sea-iots l=" "or,"iJ"i"a buildable as presented in this- subrnittal-
(b) Soil type= urt.d classification.by_the Soil Consen;ation service are shown ""-i;-;;isrc r-
(c) vegetation types and tree masses are shown on the pre-
liminary P1an.
(d) See Exhibit G for wildlife inventory information'
(e) See Exhibit H for wildfire infornation.
4.02. 04
(a)
(b)
(c)
(d)
4. 02. 05
(a)
4. 02. 06
4.02-07
See Sheet 3 for proposed grading plan.
See Sheet 6 for typical cross-sections showing dtiffi-
."ft gr-ae relati-onships between protrrcsed roads, build-
ing sites and Parking areasr
Preliminary road plan and profil-es at a horizontal
scale of 1-" = 50 ?eet are thown on Sheet 7 thru 10'
See E><hibit I for drainage study and calculations'
(b) (c) and (d) Preliminary hTater and sanitary segter
plans are shown on Sheet 4. Inforrnation on water,
i"r"r, r:nderground power and telephone in "ol!3+l"tl on exfr:-Uit Jl along wittr evidence that the utility
entities are willing to serve the project.
Proposed landscaping plan is shown on Sheet 5'
l\rrenty-two Q2, oopies of all information is contained
in this subr,ittal .
EXHIBIT B
suMltAl{r of zoNrNG RHSOLUTION REourREt@
HIGHI,AND I,IEADOI{S
Eagle County, Colorado
- Highland Meadows is a Planned lhit Development (PUD). In addi-
ti6n to the requirements of the Subdivision Regulations' the fol-
lowing infornration is required by the Zoning Resolution:
3.11. 04 (c) (1) See Exhibit c for reason Highland l"leadows is being
submitted as a Planned llnit DeveloPment'
(2) and (3) Sheet 2, Prelirninary Plan, shows 1ot lay-
out r building sites for apart:nents, street Pattern'
Exhiiit C describes land use and densities' ver-
nrcnt Road, Vermont court and Meadow Brook Roadl will
be dedicated to the countY.
(4) Exhibit C describes oPen space use.
(5) Sheet 3 shows proposed drainage and grading' -Ex--hibit H is a dliainage study for the proposed devel-
oPment.
(6) Exhibit iI describes proposed utility service'
(7) Ihere are no conunercial or industrial uses Pro-
Posed with this develoPment.
(8)Ext'ibitCdescribesrelationshipofprotrnseddevel-
opment to surrounding areas and master plan
(9) Proposed schedule of development is outlined in
Exttibit C.
(10)Adraftofproposedcovenantsandrestrictionsis
contained in E:'jribit K.
(Il) An Envirorurental Impact stater,rent for the property
was subrnitted with the original sketch plan' A
letterreguestingawaiverofanadditionalElSwas
subr:ritted-and granted on liovember L6t L977'
(L2), (13), (14) Irnrract of developnent on school systen'
estimateildemandsforcountyservices,andProject-
ed tax revenue is described in Exhibit C'
eo eo
Sheet 2 is the preliminary plan for the develoo-nent. Prellminary architectural plans for the'apartrnent houses are submitted as Sheet ll.
See Exhibit J f,or information on fire protection.
See Sheet 11 for architectural concepts.
An Environmental frpact Statement for this property was submitted previously (see 3.11.04 (c) G.l ) -
above.
This is a ornbination s]:etch plan,/prelirninary plan submittal .
The property is presently zoned (pD).
(1s )
(r6)
(17)
3.11. 04 (h) (1)
(21
(3)
o
EXHTBIT C
PROJECT SUT'$'IARY
HTGHLAI'ID }TEADOIfS
Eagle County, Colorado
C.,? # ....€+...2.2.:.2 t:......... --
7.'..'.-= r^l'. -r j.i :' cii,:;-'i.
i.'#, i" ii ir""Vo"'r
t4((\
Uigfrt.na Meadows is a 53 acre planned develoPment located j-rrmedi-
;l;ly south of C,ore Cree1: oppo!:-te the l,lest Vail Interchange on
I-70: the proposed developirLnt is composed of 234 units; 42
duplex lots-Iolaied in twJtrigtr rneai.orv areas and 150 apartment
,-it" located in a lower area adjacent to C'ore Creek'
OBJEC? OF DEVE,OP}IDNT
the intent of the project is to provide rental aPartment units
."a l" provide hon-e sltes airned lt ttre higher-econornic levels
of the market. fhere has long been a demind for long !"ry-hous-
i"g-i" the Vail area and the 150 apartrnent-units-should help
fiif tnis need. With t1-e limited ivailability of home sites in
the irnmediate Vail area, the 42 duplex r:nits shoul-d help rneet
the need aIso.
I,AND USE
A planned unit development procedure for this site was chosen in
trh.i to best utilize the buildable areas. ltre mild slope area
adjacent to Gore creek is best used for higher density aPartment
-rit. with ttre flatter area used to obtain the requirgd !w9 park-
ing staffs per unit. The high meadow area is more suiLed to low
aeisity aupiex lots. The ov6ra11 density in the project.is
about ?.q i-its Per acre with the number of units per build-
able acre equal to six units Per acre.
Ttre proposed develoPment has 25-? acres of open fPace which.will
be dedicated to ihe'county. This open sPace will be prinarily-
"".a-t"t hikingr/iiaing tr-aifs. fhe vail Cross-county Ski Trall
traverses the properti thru the open sPace area' Access to the
national forest tL tir-e sout5 of tfie property is also provided
;ti;; -f public open space- An eassnent across Tract A vrill
UL proviae-d to givl public access to 6ore Creek. The open sPace
rifi t" develop6d inb maintained by the proposed recreation dis-
tri.t or the Highland Meadows Homeownerst Association.
Highland l,teadows will be compatibie with the surrounding develop-
..it. ltre proposed apartment area is adjacen! t9 l-70' a ser-
vice station on I-70 trontage road and nrutti-garnily building
north of Gore Creek. there is a corunercial shopping center 1"::h
of r-70. VaiI viii"ge-w."t, ri-f i,'g 31 is irnnediately east 9f .lhe
high r]eadolr area. Hitional-forest-land is south and west of tlle
proposed developnent.
fo
The Eagle County Master Pl-an shows this area as suburban-mediurn
density with a general comllerclaI center adjacent to I-70 front-
aqe road. Tfre proposed uses and densities are compatible with
;i: ;;;;, i'iJr, ".,a this plan removes a1r corunercial uses from
the site as Projected in the Master Plan'
p.EyEloPMENT SCHEDULE
The proposed project wiII be platted in two phases $tith all
public i^pto*r"^!i;;'..;i;tiJ"iv-tthedured foi construction in
ig:e. Duprex i;;"rfii-;;-;;ia individually with buildins
constructionprobablyoccurrlngoverafiveyearperiod.The
apartnrents wiII probabl-y be constructed in two phases with
constructio' o".iriii'g 6*'"t a two year perioil.
IMPACT ON COUNrY SCi]OOL SYSTEM
i
I
I
I
I
I
I
Using the Lyon-Collins & ConPany' Inc'
="i,dr distiict dated Jr:ne 2 , L977 , we
students:
.44 students Per duP1ex rnit
.08 students Per rnulti-family
Total students
Distribution:
ElementarY School - 40t
ldddle School - 34t
Senior High School- 26t
ESTIMATEDDEI.@:
A.Estimatedassessed.valueeachduplexg20,000 84 units
B. Estinrated assessed value each apartnent
$4 ' 000
$otal assesseC valuation
rs update memo to the
project the following
= 36.96
unit = 12- 00
48.95
= 19.6 students
= 16.5 students
= 12.7 students
0.72 niles of road service to 42 duglex r11+t: wil-l require snow
rernoval in winter-which is about oliia addition to the 430 miles
of tl.e current county road syst*' '-N"ttnal maintenance of paved
roads will be required.
The multi-famity area is serviced by a private.road connection
to the south l-70-;;rvice road vrhic'h is maintained by the county'
ltre solid r^'astes generation for the landfill site will be 40
lott= "ttttn.lly when fu1ly developed'
PROJECTED COUI{TY T;X REVEI;UES
$1 , 68 0, ooo
600, ooo
92, 280,000
c.
D.
E.
F.
\.o
llill levy:
County Services - 13.14 mills School - 43.g mills
Current assessed value of 52 acres
Current taxes 1976
Schedule of projected. Receipts:
Gj
Coqnty School
5, 012. 64 15, 7 08. 92
127,150
9,456
t9 78
I979
19 80
1981
L982
19 83
19 84
19 85
19 85
L987
Assuning 50
2L , o24.00
38, 544 . 00
56,064.00
54,824. o0
73, 584. 00
82,344.O0
91,104. OO
99,864.00
by November 197g.
7 r540.54 L2,896.64
18,152.64
20 ,7 80.64
23 ,408. 64
25,036.64
28.664.64
29,959.20
apartment r:nits completed
.1
',,, :.,:- -' . . l.'.::. a,.;;.;;,1.
t t=. - .. , .-1 .. 11/
llEAf;lig E; uS"-,.-.?s. i EXHTBIT F
Itre following maP shows tJ.e soil types in the Highland lileadows
ir"". ttre s5it type and classificition is from the Soil Oon-
servation se:rrice-iecords. A brief description of the soil
types follows:
SOTL CI,ASSIFICATTON
HIGTII,AND I'IEADOWS
Eagle Countyr Colorado
Classification and Rernarks
lYpic Paleboralf fine-Ioamy, mixed Part A 70t
l'lollic Paleboralf loamy-skeletal, mixed Part B
30t
fbllic Paleboralf loany-skeletal, mixed Part A
70t
Qpic Paleboralf fine-loamy, rnixed Part B 30t
this r:nit is a conploc having the same soils as
Unit ?; however, vLgetation is dominated by Aspen
and grass/forb mix, and the lrbllic-,taleboralf is
the primary soil .
lYpic Cryoborell loamy-skeletal, mi:<ed Part A 55t
Argie Cryoborell loarny-skeIetal, rnixed Part B 40t
Rock outcrop
Map Unit
L2
RO
l-t:
EXHIBTT G
WTLDLIF'E T}WENTORY
HIGHI-,AND MEADOWS
Eagle County, Colorado
The following rnap was prepared by the colorado Division of wild-life and shows wildrife in the Highland Meadows area to be in categories 31 4 and 5. The development wilr have a below aver-age inpact on wildlife in the area. The wirdrife rnajor rnigra-tory route is more than one rnile south of this propeity ana the groposg! open space gives us an additional buffer zone away fron ttris major deer migratory route. I'lhire there are occisional deer, e1k, and other anirnals within the area, the wildlife maps indicate the area has a less than average proportion of wildlife habitation.
m utd,''
I
1 la
tz"3t/z
HIGHLAND
MEADOT.JS
4,
EXHTBIT H
WILDPIRE N\/TNTORY
HTGHLAIID MEADOI{S
Eagle County, Colorado
ttre following rnaps indicate wildfire hazard crasses in the vici-nity of HighJ-and lleadows and rrere prepared by the colorado Divi-sion of _Forestry. ?he lower portion or Higtriand l{eadows and ttre tlro readorv areas are classed. as a 'Iow hazird", The westerly 19!", numbers 28r 29r 35, and 36, are in tJle Iodge pole pinjarea which is classified as 'severe hazard,'. However, ttre nerf, vermont Road will provide a fire break to lots 35 and 3G which will re-duce tie fire hazard.
Tlris area is siniLar to most other Erreas of home construction in Vail south of Gore Creek.
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NXIIIBIT I h1[-ETi; : 3 OF -tt'---t4*l-r!-
DRATNAGE STUDY
HIGHLAJ]D MEADOIVS
Eagle County, Colorado
Highland l.Ieadolvs is Located ir.unediately south of c,ore creek opposite the l{est.Vail rnterchange on r-70. The proposed 53 acre development is cornposec of 4z duptex lots lotatld in two high meadow areas and. about 150 apartnent units in a lower area adjacent to Gore Cree]:.
@RE CRNEK FIOOD PLAIN:
lhe 100-year- flood plain for Gore creek is presented in the report "c'ore creek Flood plain rnforrnation' by Hldro Triad, Ltd,.This flood plain, along wi.th the 30 foot stre-am 3et bacr. ease-ment is shown on.the prelininary plan. when the existing bridge
to -th. propgTly- is reptaced during deveropment of the pr5perty,backwater will be reduced thus lowering tire flood. plaiir "-a3..i"t to the eastern harf of the property. Alr buildines arr: lo6ated o-ut-sr-qq o-f--!tr-e-.existing- f 1o9d _plain anb- ciuG-iTJ trre- :o ?oc,t-'-'
s tre-q.$ se!_ Uec_l< _e-lgelrent-.
SURFACE DRATNAGE:
Runoff fron a 0.5 sguare mile watershed flows thru the site and is a well defined drainageway. rwo small drainage areas, ap-proxinately 25 acres each, contribute surface runoff to tle irijir rneadows. Except for the rneadows and tfre area irnmediately acljal cent to Gore creek, the watershed is oomposed of Aspen ana pine forest.
Runoff for J-0-year and 100-year freguency storms was esti-mated using usDA soj-l conservation serviCe "procedures for Deter-mining Peak Flows in colorado". Ttrese announts are showa on ttre grading and drainage plan. Eighteen inch drains and culverts will_be adeguate to handle all lO-1zear runoff and the 1O0-year runoff from the raeadow areas. An 19" storm drain wilr be ie-guired to carry the 100-lzear east neadow to the drainageway crossing the propertlr to prevent surface flow across the bl_uffs along the northeast edge of the property. The road firl cross-ing the drainager+ay will require a 24" Lulvert to pass the L00-\tc a r el- ar Y'rd
Ifhere the d.rainage from the large watershed crosses the parhing lot for the apartment house irea, an lg" storm drain will be required to carry runoff from the lO-year storm under the parking Iot. Greai-er anounts of runoff witt ftow across the pari:ing 1ot direct!-y to Gore Creek. All runoff di=ectly fron
O
HIGHI,AND
MEADOWS
sLQPE_lUssEE
L t o-Zeo/c
r----1 I l5ov"a obov c
parking lots will_p?=" thnr gravel filters before entering Gore creek. - The proposed apartment buitding vrilr-le-ioc-ted outside the path of the 100-year runoff.
SUBSURT'ACE DRAII.IAGE :
. The high rneado\^r areas have high ground water r.rith two springs_presently active on the eait mead.ow area. During rvet years additional springs have been active. rhe leotogy i.f-"rror"spring locations and indicate areas of potential-high-ir""lia-"-"-water.
A gravel subdrain with perforated pipe will be required rrrcer the sanitary sewer in ihe two higir ieadow areas. These drains will have out'l ets into the 1arg6 arainigewalr. The loca_tion of these subdrains are shown i,n irre graaiij "ia arairrage-plan.
subsurface flows were estimated_using a coefficient of per-rneability of trnro gallong per square foot ier aay. A maxinum subsurface flow of 0.23-cfs was- estimated-. roui inch diameter pipe will be adeguate except near the end of the subdrain systern where si-x inch diarneter pipe will be required. additionar 'suul drain raterals or-larger-subdrain pipe iay u.-r"q"ir"a ii-riig"anounts of subsurface water are en-counter6d durin-g construction.
Foundation subdrains for the buildings in the high meadow areas can be connected to the subdrain syltem via a subdrain under tl.e sanitary sewer service connect-ion. All buirding wirr be served by a gravity flow sanitary sewer system.
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EXHTBIT J
UTI],ITY SERVICES
IIIGHI,AND MEADOTfS
Eagle County, Colorado
}TATER:
Highland Meadows will- be annexed into either the Vail Vil-Iage
Water and Sanitation District or the Vail Interrnountain l{ater District. Both clistricts have indicated a willingness to serve this propertlz (see attached letters).
Vail fntermountain l{ater District lies southwesterly of Highland
Headows and the Vail Village Water and Sanitation District bound-ary slightly overlaps the proposed developnent on the east. See Vicinity Map (Sheet I) for approximate location of d.istricts and facilities.
fhe proposed water system to serve the development is shown on
Sheet 4. Off-site connections to the existing system will be
worked out in onjunction with connecting the two d.istricts to-gether.
FIRE PROTECTION:
Both Districts have contracts with the town of Vail for Fire Protection.
SA}ITTARY SEWER:
Sanitary sevrer service will be provided by the Upper Eagle Valley Sanitation District. The attached letter by the District indi-
cates adeguate system capacity to serve this property.
A private ser.rer presently runs thru the northerly edge of the property and connects to the Districtrs trunk sewer. This sewer will be up-.oradeil to District standards and an easement provided to the Dj-strict. Ihe prolrcsed sewer system within the develop-
nent wil-l connect to tl. is existing 1ine. !ftr e proposed system will be entirely gravity flow.
UI.TDERGROLIIID I^IIRING :
.l4ountain Bel-I and Holy Cross Electric Association have been noti-
fied of the prolrcsed project and will provide telephone and
electric service. (See attached letters.) An agreement on de-
sign and construction will be made with the utilities by the
developer as tlie project progresses.
J*
t
i
I
oc og
t'irl).ER E-.lGtn \:{.t,LEl- ..i.{.\1,
rlJi Ar,,rr rrrarr
rATlon* DisrRlcT
. 1,.O. 11,,1 )..rlorr. Col_rrirr |rr 8|(t)O
p'1Lltitj,:1r";;r5;,..s"i8;
lriovernber Zg , Ig7 7
Sincerel y,
Re :
fifiii:,+r,"fJji' rrriirri,Dear Mr. Mann:
fig;ffii***#{ffi
s****ffNEruffi
JpC: aj h cc: John V-Thornas
Kenneth
es P.rstrict Col l ins Manager
Anato
T. . Grinshaw
Krc ha rd s
{=..'-E>.-r.
.r..:.--_.'.=i-.-_-
r'-.
o
[p,,t,,, Cnllirrs & Oo-,
C
tlnr.
LOC^L GoVERN}IENT
I74O $llioms Street / Denuer,
I\IANAG ltlvlENT CONSULTANTS
Cctlctrodo 8O218 / Phone !JO3l Sgg-7OSg
December l, Lg77
Ilr. IrIillia;n E. l'tann
lligl 9g"ntry Development Corp.1860 Lincoln Street, Suite fbO Denver, Colorado 80203
Dear ]rlr. lrtann:
The Board
and Sanitation vice to most of
1976.
Re: VAIL VILLAGE WEST WATER
AND SANITATION DISTRICT;l{ater Service to Highland
Meadows
of Directors of the Vail Vif lage lrrest ltrater District did conditionally appiove water ser_the above.referencea aevlfoiinent last OcioUer fZ,
The conditions to the provision of water service included
rpur,.plgc-g99lnc w.ith th.e prbcessing of an in.r"iion petition inro the vair virlage l'lest watLr and saiitation piriii.t; the construc_tion at-your expense of the line proposed to run south around the proposed development, for which y6u irould be entitled to " ;;r;;i recovery contract with the District; the constiuition of a 10_inch uater main across the highway, thereby_roopi"! it" .r"" or youi-'-'proposed development--which tosts the' Dist;ici rirr piitiiti,it"with you in the anount of 50?; and ttt" iio"i-.r,i-p"yrent prior to the construction of the-projgct or accompanying water lines, of all. es-timated tap fees 16r irris developrLt i',o'th.t the District night have funds to participate with ybu i" it"-io-incrr hiehrvav crossing r.rater main. The 86ard indicited it ;;"i; ;ii;""),3;";;recover your costs on the line running across the highway'iiom-arr of the proposed deveLopment, uncler thE Districi;s normal recovery contract procedures.
.{
fn sunmary, the Vail Villaqe West ltrater District still looks forward to serving this nent and is still anxious to work with you on
llr, Willian E. l.{ann
Decernber l, L977
Page 2
JPC:ajh cc: AlI Board }lenbers
Thonas T. Grinshaw Wiltiam Cacek
Frank Barrett
and Sanitation
proposed develon-the final detaits.
Sinc erely,
VAIL VILLAGE I{EST WATER
AND ITATION DISTRICT /W
anes P. Collins Lyon, Collins fr Co., Inc.
DISTRICT MANAGER
.'HOL\,' CHOSSI:LI .UI'F.iIC ASSCI,ATION, I NC.I3OI GRA-\D AvEr-UE AREA CODE P. o. DRA!.-[ R 2Jo jo3
:_-,..'..
.-,t
Sincerely,
HOLY EOss ELECTRTC ASSOCIATTON, rNc.
REF: Prelininary plan of Highrand lhadows subdivision, Eagre cornty, colorado
Dear lrtr. Sward:
ff"i: H::l.j3u'liollilli:f il'"i:lil'.f:T:::i?1.:f":"5:i.gr:lr: co,o.rado. _that the Association, Inc. rsr'rrrrcdLec servlce area of Holy Cross Electric
Be it further knor+n- that Holy cross Electric Association, Inc. has an existing overhead three-phase power line ..orri"!-ir,; ;;;.t;; ;;;;i;;';;'ir,l proporud devel0puint in the area of the parking tot.- This-porn". iinu t.r-. "rr-rJ.qr"....rdrpr;, .;_r;;;-;frJ.o.o'or"o develoPtnent subiect to the tari'ifs, tuies and ""gur"iioni on iir" r.,ith the-iuuii" utilities conunission of tire state of cororadJ,-rt,9 ."."p;;;;i;;"ioi.r"..r"l arrangernents with Holy cross Electric Association, lnc. it wiri't"'d;-;";;lop..,s responsibility to extend the existing overhead power rine io-arr"'required ro".tion-*ithin the proposed deveropment.Easenents were not shown on the prelininary plat provided to Holy cross Electric Assn.Howevsf it is our rmderstandi;g-il;;;;.nt and side rot rine easements are to be provided.il":'fflil";"3,::;":il" t;:lri::i :jji,fi:n:*-'i""ia'iJ in''.,"..u0 r"i-tr,"-"*isting power
GLENWOOD SPRIr-GS, COLORADO E I6Ot
Novenber ZB, lg77
I'fr. Larr,v Sward
KKBNA, -Inc-Consulting Engineers
7456 W. Sth Avenue
Denver, Colorado g0226
-- v-
- 94S - 3491
-_ _ 945-6056,
-:;
fu-o l,ichard D. Brinkley, (
RDB/K
cc:
cc:
File:Eagle p€Z
File :lirghland Mdws. Subd.(for,rerly Vail lfest Ridge)
Engineer
. t -,0. - -, :r,'-\.r : e, .,,L,.!;rL,.a\il.\ 1. j€l. c,r,roNs
EXHIBTT N
AND
DECT,ARATTOIJ OF PROTECTITfE C\]VE}IANTS
FoR FILE #...--+__-22-:.2.E-.----...__--
=,'r.GLtr i;1. p*Aii. CCl.,,ltrr-
HIGHIAND MEAMWS i':.:].:':'] i]JPi,
L4EETli jai ap -_/t$+tzr_
Grantor hereby makes and declares the foilowing limj tatioris, restrictions afr
uaes tpon and of such real property as restrictive and protective covenants running wilh
the liod, and ae binding upon Grantor and upon all persons claiming under Grantor aod
upon all future owners of any part of such real prqperty, so I ong as these restrictive and
protechive covenanla shall remain in effect:
1. DEFINITIONS: As used herein the follo*'ing words and terms shall have
the following ffiilDgst
- Highland Irleadciws - Filing No.I
- A lot 'ryi1166 Highland Meadows - Filing No. I
Residential lrt - A lot wbich can be used sotel5r for residential
purposes and upon which not more than one building, containing
not more tlsn two dwellirg uni ts, together with not more thao
one garage outbuilding, may be constructed.
Multiple unit Residential Iot - A lot which can be uged solely for multiple
family res idential purposes' condominiums, apartmenta'
-.---.
which the number of dwelling. condo-' minium, apartment. ' : - to be constructed
and the number of buildings to be so constructed upon eacb such
lot shall be as approved in writing by the Grantor; provided that'
(a) in cases wbere all provisions of these Protective covenants are
otherwise complied with, with respect to such lots desipated as
in Category A in paragraph 3 bereof Grantor shall not pursuant
to lbese protective covenaJrts prohibit the constructioo of up to
35,000 square feet of enclosed floor space (exclusive of under-
ground parkirg garages) per acre of land contained within any auch
iot; (b) witb respect to such lots designated as in Category B in
paragrapb 3 bereof, Grantor shall not pursuant lo tlrese protective
covenants prohibit the construction of up to 60,000 square feet of
enclosed floor space (exclusive of undergra.rnd parking garager)
per acre of tand included within any such lot.
Committee - A group of three persons who shall be responsible for the adminis-
tration and enforcemcnt of these prolective covenant3. One of
such persons shaU bc appoinied by Grantor, one of such persons
shall be appointe<l by Vail Associates, Ine., a Colorado corporation,
and the third shall be selcctcd by the tu'o Persons so appointed. A
majority of the Commiftee shall govern its actions. Any vacanc-v
on the Committee whicb shall continue for a coatinuous period of
thirtl' da-vs without rcplacemcnt in tlre manner provided above may
be filled b-v appointnicnt of the Doerd of Count-v Commissioners of
Eagle Count-v, Colcrrado.
2. GENERAL PLn'PC.EES: These covcnlnts arc madc for the purpose of creatirg
andkeepingthffispossilltc.ttr.sir:rb|c.attractive|bcneficialandsuinble
in archireclural dcsign, ma'.crials and 3pf)e3r:rn(c::rnrl Fu:r rtli rY{ sllsins! fires and uff}ecessart
interference l^ilh i.he natira'l !.iteu:r of thc Sul:Jr'. is,,rn; ull for rhc rnuiual bcntfit fnd Prot€ction
^r.L^ ^. --Fc ^f J'.,r, r..); < in lhr. -sLL"3i.,'ision-
$rbdivisiou
I,ot
Double Unit
4.. (a) Nr building or cdher sfructure shallbeconStructed'erectLdorffino'"t'..tt"iilfrru"";;;;;;
l:lff :.._111".,.1:i.l :*::i:^1",:lj: until rhe comptere plans and specificarions (includ.ins,.16 r
,ulj l":I-::*^l?:-" :?fi::"j_1'.ll_cj q::lgi" soirs site'inu."-,ig"tio,, and foundatiqr ."port,
ll1l,-r, elevation,.plot and.grading ptansf provisions ror ort-.Jtree;t;;k;;;"nd'i|31'i.;
o-f driveway access; the specific_ations of principal exlerior materials, color-schemei and lhe localion, character and method of utilization of all utilities) havc been submitted to the Committee and by it approvcd in wriUng. o*ners of lots within thc Subdivision are encou-raged to consult wilh the Conrmittee prior to and during tbe preparation of such plans and specifications in order to avoid withholding or delay in-approval.
" : tb) The cornmjhee shall be authorized to levy a reasonable gharge, nd exceeding . ten cents for each squ;lre foot of enctosed n*r "p"..]'i"r nJ".riew of final plans and specifieations, *'hich charge shall be paid in agvirie. *" *"""*s of such charges sha'be used for tlre administration end enrir"e-"nt of these protective covenants.
Each building oI othcr structure shall be constructed, erected and maintained in strict accordance *.i th the approved plans and specifications.
In passing upon all such plans and.specifications, the committee shall take into consideration the suitabilit-r--of the propo".t-u,iitding;;-;llL"'""t"u"tu"" and the materials of *'hich it is to be built toibe lot upori"hictr it is;;; ;;i;; rbe harmony thereof with the surroundings and tbe effect of the buiiding or other structuie, as planned, on the out-look from adjacent or neighboring lots.--rie committee ;;li-;;. reasonable judgment in Passing upon all such plans and specifications, bu! trre commltiee slrall ,rot rre'iia;ie ii "oy person for its actions in ccrnectjtn with submitt.t pi"n" "rJ'"pi"iri"rtions, untess tt be sho*'n th:rt the commitree acred x'ith -"ri"o or wrongfur intent.
5' DRAII{'4GE:. No vehiclc cntrance to an.y tot in the subdivision from anv dedicated roaoEEriEElTnall be constru"iua o" u".a'*t."" ""i"i".a by a constructid drainage eul'ert rocated gnrr size<J i; ;-;;;;.. which shalr rirsi ue approved in writing by the committee' The committect ac-tioi_in leviewing such drainage plans shall be g.tided by the rccommerdetjons or tne noal sup,,.i'ioiJ"'ni "i'l-"gr" c-ounty, c;i;;;,;
6" EASEIrtElir-s:. Easements and.rights of wa-v are hereby reserved as shown or describcd onlrEJEcGd& plat oi nu s"LiiriJion. rrrete;;;;" acrdirion (i) easemenrs reserved in the right of way oi each road for water and all othcr utilities; (ii) utitity and drain:rge cnscmcnis scven and onc_half fcet in r,r.idth rcscrved ;t""g each side of everv Iot in thc Subdivision not fronting "" ",r.aii'"tod strect or road;
7 ' I''ENC Fis: No fcnce, wall or simiter l-rpt. barrier exceeding 36 inches in hcight of an.v klfrrJrrlT-be constnrctJ, -"i1",.a
o. -"int"in"d or, "ny I't, exeepr such functionel fcnccs or u'arts lrs.ma-f u" "irp..t'.a b.r' the committc,c-:rs an integrar or de-c<.rratirc part of a ltuilding to be erectJ on a lot.
tr' SIGi\s: No signs, bilrboards or other artvertising structure of any kind sh:rll lr. t'rcctG-Irnstructr{r .i maintain.d on an.}, rr[ for eny purpose $.hats@r.er,crctlr! such c('mmcrciat signs as h;rvc becn approved b-r'rhc committee cither for identi-lica!ion of residenccs or pi"c.,:; of busln.ss
A\iTATIgN: Each- structure ae.ed for occupancv or
3!i-\' ijric jn ihc futurc b.r' Grantor or an! other person or cntitv. No prjr.a!e *,*tts ,.t,ait-b,c uscd as I sc,urce of \r'stcr fcr humnn corrsumption or irr iget.ion.
l0- TR.A'SII: lfo tresh, ashes or olher refusc shall bc thro*'n or dumped on any lcnd \'ithin the subdifision. There shall be no burning or othcr disposal of refuse out of dr.xrrs.-- Each propcrt-\' o\,r'ncr shall provide suiLable re,ceptacles for the temporary storage and collccrion of refusc ancl all such recepracles shall be screened fr"- i;"';;ii" ;;;'and protectc{ Irom di s turbance.
I l - LI\tESToQFi: - No animats, livestock, horses or poultry (excep! dogs, cate and other persToi houir+,ila cnjo.r.ment and not for commerci"t !,r.p.r."", and except hursr:s o*ncd lnd usc<! in conjunction r*'ith a livery operation "piroi."a Uy tl,e Comnlitreel shall be kept, raised or brcd jn tJre Subdivision.
12. TREES: Trees naturally existing upon a lot, except to the extent neces-sarl' for constif,E ll oi-purposes r shall not be cut, trimmed or removed from the pro-pcrties, cxcc?! that. the Committee may approve some lhinning or trimming if it'seema desi r abl e.
13. SET BAqN SE$E!{gNfS' There shall be no general rule for the locationofimp@opertylines,butaliactualconstruction
sites shall receive the advance approval of the Committee.
14. BUII-DING HEIGHT AND PARKINC REQUIREMENTST There shall be no general rule c T66ifiEi-rario6 or off-street
parking requirements *'ithin the Sultdivision, *'ith the follo*'ing exceptions:
(a) lJo structure I trca ted on a Double LT[i t or .
shall exceed tbree stories or t.hi rt,\'-fi ve feet in height measured from grade at
point of the strucfure; no structure ltrated on a lllultiple Unit Residential L.gt ghall exceed six slories or sixt_v-five fcet in height measured from
bt
the mid-
gr ade
at the midpoint of the structure;
(b)off-streetvehicleparkingshallbeprovidedonaratioof
parkirg units fcr ccch drvelling uni t in a multiple family residence, corxiominium
or aPartment;
(ir') t\\'o parkiug unjts lot' cach d*elling unit constructed on a Double Unit
Residential l,ot;
(c) Unless other\^'ise approved b-v the Committee, each parking unit shall
eontain 300 square fe.-. t including drivcs betwcen parking rows and shall be located entirely
* itiri n lct I ines;
1d) Rt'quJrcd vchiclc p.rrking jn lhc Sulxlivis;on may be *'hollv on glade
or partl-r' bclo* graclc. All drivcrr e-r's :rnd perking unil.s on gradc in the Subdivision for
ltulLiple tlnit Residcntial tots shall be paved.
15. LA. NDSC.!, PI".'C: All surfece arcas disturbed br construction shall be
rcrurricd prutrfiJy rJ-t-ir t'FnrTr., rel ct,n.!111.rn and rcplenlrd in n:ttivc grasses; bul the
Conrmjtter-. mf,_\'rlpprovc constructi('n of gardcns, la*ns and exterjor living areas.
16. TEI;p1 ,R.cltt' stRUQrIRES: lio temporar.y structure, excavation, base-mcnt. trailer or r.nr -+-rit t c, pffrn6a]n rhe sul,lirision, ;;;;; as may be derermined to be nt'cessar.r'<luring cnnstructjon and specificall.v authorizctl by the Commjttee in uriting.
17. C()l{'rlN{'lT\' ()F CQ}IITBIICII]N' All structures conrmcnec.d in the Sub-division shull on and shalt be cgmplelrd wif.hin trfcl vc lnonths rrf comntcnccnrcnl unlcss somc cxception is granted in writing by the Cornnrittee.
'j-' ll. NUISAI.iCE:
tlr,.. Suh' I i ri s; onli6iGEiiT
nuisance therein.
No noxious or offensive activit.r.shall be
an5 thing bc done or pcrmiiicd s'lrich shall
carried on tr'ithin
constitute a public
19. I'ARIANC E: A variancc from or cxception to thc provisions hereof as well as a vacali6iTfTi]:irsement reservcd or desciibcd on lhe iecorded ptat of the Subxllvjsion or herr:jn mav bc grentevJ in rvriting bv the Contmiltee upon appror.al thereof by the 13c'erd of Count)' Cornmissioners of Eagle Cor.rnty. Colorado.
binding upon each lot jn thc Subdivision, :rnd ench owner of prqperty cessors' representatives and assiFns and shall continue in full force
January 1, 1999, at whieh tinte they shall be automaticalty extended terms of ten years cach.
20. EFFECT A}.JD DURATION OF The conditions, rcstrictions,stipulatiorrs,agrccnlents'allbeforthebenefitofarrd
therein, his suc-
and effect until
for fi ve successive
.' 19
21. AlfElfDtrlENT: The conditions, rcstrictions, stipulations, agreements and covenants?o-ililiEd-f,'6i6in shall not be abandoncd, termin"i.d, o. "ir"tiJJ"i""pt by nT itten consent of the owners of 51% of the land inctuded within t.he boundaries of fhe Subdivision and by approval of the Roard of County Commissioners of Eagle Count.v,Colorado.
22. ENFOR,CEIviENT: U rny perton th'tl vtoletc or tlreetcn to vlolate 13y of the provlttoiiT?EGfficnt, li rldl bc lewtul for tlc Commtttee. tbc gqrd of Couoty Commtcaionerr ol Eaglc Courty, Colorrdo or rly pcrror1 or l16r.oa! o*dng rcel ProPerty la tlte Subdlvtaloo to lDrtltute procecdh3r et ler a In cqutty to calorce tb'c Provi!lo!t of thla lnetrumeut, to reltri.tn thc pcroon vlotedn5 or -tbres tcntry m vfotrte thern, end to recover da.mager, acilrl rad puniUvc, tqether-vlth rc"oorbic ettoroey;r lsea, for auch violationr.
23- SEVERIBILITY: lnvrlideUon of eny one of the provtalooe ol tllr Inetru-ment by;udgm;;EFaa;i;a-er or decree ahalr I-n oo wrce arieci rny of the ..d;;;;visioae whlch shall remaio in full force ard effect.
Executed thic day ol
COVENANTS:
llat
o
department of community development 75 soulh tronlage rd.
Yall, colorado 81657
(303) 476-7000
" luwn u
I ;t June 30, l9g2
:
mr. William P. Rogers
Chief Engineer Environmenta'l Geol ogy ' Colorado Geological Society
Suite 7.|5
State Centennial Building '13.|3 Sherman Street
Denver, Colorado 80203
Dea r l4r. Rogers :
Good to talk with you ttris morning, and thanks for offering your assistance. The Town of vai'l recently placed additional conaitions
on lots in Highland Meadows lst and Zira f.iltngs. The Town jn 1980
annexed this area and inherited the problems of these subdivisions.This spring several problems such as'ground water, hil'l side movement
and severe cuts left after road constiuction caused damage to an existing house and water problems for other homes
I would.qppreciate your assistance in reviewing the emergency ordinance to see if there are other studies needed. tn iOaition, is we get reports in, there are geotechnical reviews that we are probably not capable of performing.
These are probably the tvro main areas where assistance.would be appreciated unless you suggest other items.'
Thanks again,
D"-/ 4'-
DICK RYAN--.,,-T
Comrnun i ty-Xdve1 opnent D i rector
DR:br
Bui'l ding Permit/DRB Activi in Hi land Meadows and surroundi
Active Permits:
2.
1 , Lot 24 Vail Vil'lage l.lest #j . , :
Lloyd Johnson duplex
structure erected and enclosed
Lot 32, H'ighland Meadows #2
2 duplexes, Sun Tech Builders
have temporary c of o
Phase I Highland Park SDD ll
asking for temporary c of o,s on 4
Buil ding Permit Appl ications:
Lot 9 Highland Meadows #l applied for building permit S/ZS|B?
Projects Approved by DRB:
5 duplexes approved since trast summer
Lot l, Highland Meadows #2
Robin Roberts Duplex
structure erected and enclosed - c'l ose to temporary certificate of occupancy
3.
4.
un its
l.
l.l4l lvlotor.
Grand Junclion. Coto gl SOl (3O3) 24?.8968
Town of Vail
75 South Frontage Road Vail, CO 81558
l{ay 24, 1985
Attn: Mr. Rondall phillips
To\rn lttanaoer
Da.
Respectfully submitted,
LINCOLN-DeVORE TESTING LABoRAToRY, INc.
Site Specific Geotechnical, Investiqations Highland I'teadows Subdivision Vail, Colorado
fris
##re
Gentlemen:
At the request of l'tr. Larry Eskwith, the citv attorney, rre have reviewed our Georogic liazards investigaiion and subdivi-sion Evaluation for Highlang park Subdivision, Highland l,teadows Subdivision, and \.'ai1 l.lest, Fi-ling l ano 2 (LDTL job No. 4470gJ)
After consideration of the investigation and testing program described in the above referenced r-eport, we feer that a site specifi-c investigation is necessary, prior to construction on any of the building sites- rmproper= co:.rstruction techniques.on any of the sites could create unstabLe slope conditions or arter.drainage characteristics which courd afiect nearby build-ing sites.
The above referenced investigation v,'as an evaluation of the geologic hazards affecting the overall site. It does noc address atr of the individuar sites rvithin the subdivisions.
rn our opinion, each site shourd be investiEated to assure that the construction proposed is compatabr6 with the site con-ditions and that the proposed construttion rvi11 not create a hazard to other construction sites nearby.
If any questions arise, or if we can be of further service,please do not hesitate to contact our office at anv time.
By:
g]-neer
4t-,
'rpodI Wa l te r-€. VanCe
Professional En
CoicrS& gringr,'Cor-SFV/ j b p,ebto, coto,odo GrooJ J., crion, Coto'otlo Glcn- c<,d !',ingr. Colorodo E"onrtoa, Wyemi6g
o
I I
r-
:
r
hu-.4- u ,
RADING 12
BUTLDTNG DrvrsroN oF BUILDING l;f ;
EAGLE COUNTY, P' O. BOX I79 I
couRTH;i;i. e.qii'ito.'- pn. irol 328-633e PERMIT +ilr^'ro".coURTHoUsE,EAGLEco.-PH.(303)3Zu.oJJyPE.Ktv||l'
a
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EUTLOING
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Clas ol work:_ ,.8 !fW 0 AoDlrloN D RtPntR
l0 Change of use lrom --
Change ol use to
P€RMIT FEE PLAN CHECK FgE ll Valuationolwork:$ 55Ot trTO
Const.SPECI AL CONDITIONS:
Sire of Bld9.
lToi.l ) sq. Ft.
Fir. SOrinklcii
Require<t flY.. DNo
-oFlsr neer PARKING sPAcES:
Covcred I unco"rrea No. ol
Owelting Unitl
Not Requ ited
Special APProvals
NOT IC E
SEPARATE PERMITS ARE REOUIRED FOR ELECTFICAL' PLUME'
iru=blxinir ruc, vENrt LArIN G oR Al R coN ol rloNr NG'
THtS PERMIT EECOI\IES NULL AND VOIO IF WOR.K. O-R.CONSTRIJC'
iiiiir 'iuiibn azeo rs r'ror tour"rer'rcED wlrHrN t20-DAYS' oR
ji"bbilii AUcilon o R woRi I s-s u 91 9 \?I-.9 9 l- l: 11Pgy ?[o"'X'"t'i^'16o "or -r'io'b-eii rr-n^rv rrME AFrER woRK ls
COMMENC€D-I",: I;".J ; "' t F ., r H A r-.r !A^v.E- 19s9- ttP, 5 X i X'|.t*ool: f:i;i'.?8FLd-"'ii'i5'a,i6fi lrli$r'le^i.q";^F-'-?L^'^llBSP^[o.'fi Is A;!:f'#'{{#;ei*Eyo*tiff qnT';;.3'3"'t3#EiiH+i:iiRP&tffiYi."'i;"ff.i[tu;1rip';q1";e.ii'4p;
ZON I NG
HEALTH OEPT.
FIRE OEPT.
50 IL REPORT
OTHER (sp.cifY)
PERMIT APPLICAION
of
For'-i t OO.1 1-77
M. O.
INSPECTOR
M.O-wHEN PRoPERLY v4!lq{lE e-.I!N THIS SPACE} THIS IS YOUR PERMIT
PE R IlI IT VALIDATION puql cuec< vALIDATION
G*1t #tso'
#i: ?,il]I="# :?l p:,="isJ#J='
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3 L, o *,
Review Routing Form (4 erimary Routilg ( ) Rerouting
A tWd / n
=7-14 - 4t /f, 1 E..,,it N-Dite Referred Applicant
m"-/
t
l-t--=/Ptt*+
ffi PlannirrgCommissionFileNo.
Review and return to the county Buildirrg official within 6 working days
N\
,i*'i.
P lanning: Complies with:
Subdivi sion Regul ations
Zoning Regulations
Site Pl an (Landscaping)
:)
Commerrts:
Reviewed by:
Recommend APProval :
No
E tr
n
Yes n n n
D
Date:
County Engineer: Roads
Grading
Drainage
Comments:
Recommend Approval :
i J) t n u..r,-- -
n tr tr !
D n I
tr
County Health: Water
S an i tat ion
Perc . test
DN a,y WaRe commend Approval
Comments:
Final Inspection: C/O
Recomrnend Approval
Comments:
nt]
Firral Inspection: Landscapi
Recommend Approval
Commerrts:
ng !tr
C,/O lssued
Final Filing Date
by Date
*
a.-
t.
SUPP],trJIDIiTAI PLANNED DDJELOP],1EI,]T REGL]LATIONS
HIGIILATJD }IEADOI.JS SUBDIV]SION
(The follorr;ing vrording to be adopted)
/l
The Eagle County Engineer rvill rnake al1 necessary construc-tion review he feels is necessary to assure al-l ioads are constructed in accordance v,'ith the final design and specifi-cations approved by tl're Eaqle county conunissi6ners at the approval- of the final pIat.
Construction scars-.created bl, road and utility construction r'rill be reseed.ed with an Alpirle seed. inixtu=e irithin one year of conpletion of coirstruction.
Road construction cornpaction and underdraining will be dei-signed in accordance with a licensed soil engineers recluire-ments as revier'red by the cororado state Geological surriey.
Each build srte r.rill- be reguired to escrow funds with the Highland l{eado\,rs Architecturar control committee for alI ap-proved landscaping plans prior to approval of the site pJ,ans.The escrow funds will only be returned upon satisfactor! co*-pletion of all- approved landscaping.
Building Areas 2, 3, 4 and. 5, sha1l have cuts no greate, an"r,recor',urended by a very detailed geotechnicar inves[.igation for the final building design. Ttre design for Buil-d Areas 2 and 4 should be on control filL sections which buttress the toe of these _steep slope sections. The soits engineering investi-gations for these build sites shall define giound rdater con-ditions, depth to bedrock, slope stabil-ity 6onditions, and.provide design parameters for foundations and s.bsurface drainage reguirernents. Foundati.ons should be keyed into bed-rock if possible and the design must withstand literar loads as determined by the soils investigation.
fn the event that buildinq design for Bui1d Areas 2, 4 and. S cannot neet the aborre recn:irenents by rninor rerocations of the l-..'uild areas, a rnajor revision to the planned Development plan shaIl be made through the Eagle County regu.tations in force at that time.
The intercepter drains shown on ihe p::e1 irninary plan shalr be construci:ed with the sanitary setrer. ftre upper drain across lots 4, 5, 6 and 8 strall be installed unrfer the direc-tion of a ricensed soils engineer. These clrains must be com-plete in place prior to the cornpletion of any duplex units.
2.
2
4.
'-f s.
6.
.1 .a.
'.!,!+,.
o o
8.
9.
10.
rn the event-Apartment Buird site 1 is constructed prior to the underdrain system in duple>< area, this spring will be piped to Core CrEek, It is anticipaied that th-"aup1ex site's rrnderdrain systenl.wilL"dry up this spring.
t{aximuro building height - 48 feet.
signs rnust be approved by the Eagle county conrnissioners.
A11 dupldx sites 26-4L shal} have the soils inrrestigations prior to issuance 9f building permits. The soils iivestiga-tions for these builcl sites shatl define ground r^rater cotr6i-tions' depth to beclrock, slope stability conditions, and pro-vide design par€rmeters for foundations lnd subsurface dra-in-age reguirements.
IL
75 soulh |ronlage toad
vail, colorado 81657
(303) 476-7000
March 7, 1985
olflce of communlty developmenl
Keith PomeroY
31805 Middle Belt Road
Suite 305
Farmington Hills, l,lichigan 48018
Re: Vail Woods
Dear Keith,
In my'latest rev'iew of the submission for Vail Woods final pl at approval , I
have found a number of things that prevent the project from proceeding to the
Pl anning Commission at this time. The maior problem is that the comp'letd'ly
signed final plat has not been submitted to the Planning Department as of yet,
and this is clearly spelled out as condition of approva'l No. I in the staff
memorandum to the P1 anning Commissjon dated August 23,'l 984. Also, the covenants
on Page 19 need to make a stronger and more specific reference to both the
environmental impact report which is part of the approval of the proiect as
wel I as the specific geo-technical report inc1 uded within the EIR. The covenants
only refer to-a design manual which is very broad and somewhat misleading to
a prospective purchaser. Another item to be taken care of is that a specific
agieement betw-een the Town and the developer and subsequently the condominium
assoc'iation be drawn up to ensure the maintenance of the private drives, inc'luding
the Fire Department tuin-around areas. The covenants on Page 7' #8 should
refer to this agreement so that the Town is a party to ensure the maintenance
of these fire lanes. One 'last item is the timing of the 'letter of credit and
the sign,ing of the subdivision improvement agreement and specifically whether_
or not-thii shou'l d be done at the time of recording of the final p1 at or simply
at the time a building permit'is pu1 led to construct the'improvements.
'. ''-. l' ,', I trust that the project will have already been withdrawn on your-authorization
'.' 'by the time you receive this letter and that we can resolve all of these issues ''.' ) ' . " 'bLfore we schedule the project for final p'lat approva'l at the P1 anning Corunission.
I feel strongly that thb project needs to be withdrawn, and not tabled at this ; point in that the Planning Conmission could be easily irritated and have an
antagonistic attitude about the final pl at approval due to the excessive number
of tablings. Again, I am more than wi'l ling to help resolve these few minor
- points dealing with the language of the covenants and the letter of credit
timtng, but I-wi1'l not and ianiot schedu'le final plat approval for public
hearing until these and especially the completely signed final plat original
and mylar are turned in as part of that application.
'..? il. .
i.): . . ,'
Please feel free to contact me about this at any t'ime.
Very sincerelY Yours'
A. Peter Patten, Jr.
Director of Connunity Developrnent
APP: bpr
xc: Berry Permut
Katly llarren
dovid m. peel
kothy worren
orchitects
2588 qroso dr.
p.o. box 3370
roll, co.8165E
" 303'476.4506
ilarch 25
Apri I 15
Apri I 29
I'pri1 22
llay 13
l{ay 27
During a phone conversation with Leroy Tobler this afternoon, he expressed
concern with having the outst-anding liens c'leared up by the llarch 25 dead-
line for the April 22 meeting. Furthermore, Peter has informed me that he
wi'll be out of torn on Aprtl 22 and feels that the May 13 meeting would be
a better time for the Fina'l Plat revievl.
I have asked Jim Jacobson to send me copies of the revised covenents and
Leroy to send cooies of his documents to date. I'lith your permission, I will revien these items for comp'leteness and coordination.
P'lease]et us knor hor.you would'like to proceed on this matter.
Yours trul.y,
xc: Barry Pennut
Lerov Tobler
Peter Patten
r ttl n
/UWry,
rLu
l'larch 11, 1985
Mr. Kelth Pomeroy
I.K.S. Vail Associates
3f805 |'|idd]ebelt Road, Su{te 305
Farmington Hills, I,lI 48018
RE: Vail lloods Subdivision Final Plat Submittal
Dear Keith;
At today's Planning and Environmenta'l Comission l4eeting, Peter Patten
explaiqed that the Vail Woods Final P'lat rcquest for approval had been
withdrawn" He noted that not all the signatures required on the Final
Plat had been obtained and that there were a couple of iters which needed
to be addressed in the covenents. The Final Plat reviev wi]l be rtsched-
uled after al'l items are complete and submitted to the Town. The meeting
date wi'll be set for the next meeting folloring the thirty dqy Town staff
review process. Therefore, they will have adequate time to check all as-
pects of the submitta'l and notlfy us of any conf'l icts. Duane Piper, the
PEC Chairman, thanked Peter and expressed the Conmission's appreciation
that the project was withdrawn rather than tab'led another time.
Below are listed the submitta'l deadlines for PEC rcetings in the near furture:
DEADL INE MEETING
o
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lnWn 0t nlllY community Development Depanment t/'/.{**ry
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U/ fu>d. !or,,7^**n Vff,"71 L3,*/,1 ^ *,'3ff
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75 loulh lrontage road
yall, colorado 81657
(303) 47&7000
March 7, 1985
Keith Porneroy
31805 Middle Belt Road
Suite 305
Farmington Hills, Michigan 48018
Re: Vail l,loods
Dear Keith,
offlce ol communlly developmcnt
In rV^latest review of the submiss'ion for Vail Woods final plat approval , I have found a number of things that prevent the project from procebbing to tne P'lanning Commission at this-time. ihe major prbUtem is that'the completely signed-final plat-has not been submitted io the Planning Department is oi yet,
and this is clearly spelled out as condition of approial i'to. I in the stift-
memorandum to the Planning Conmission dated August 23, .|984.
41 so, the covenants on Page'1 9 need to make a-stronger and more sp6cific ieference to both the environmental impact report whiih is part of the approva'l of the project as well as.the specific geo-technical reiort included'wittrin the gin. ihe covenants only refer.to a desigi manual which ii very broad ano iomewtrit-miiteaaing to - -
a prospective purchaser. Another item to be taken care of is that a speiific : d$redrent between the Town and the developer and subsequently the condbminium .''. 'issociation be.drawn.up to ensure the maihtenance of tlie priiate drives, including :, :,:-;,r1,i - the Fire Department tui'n-around areas. The covenants on bage i, +g rhouta r
, ,*,r*.11.,' r9f9l' to this agreement so that the Town is a party to ensuie the maintenance
":l:'{ii", 9I these fire lanes. One'last item is the timing -ot ttre letter of credit and ::'";'lfl;,i' the signring of tle subdivision improvement agreement and specifically whether
i:l;i:,iii,!f,-'!r*., 9l lpt this should be done at the'time of reiord'ing of the'fina1 p]ai or simply . ;;.:''-..,at the time a building permit is pulled to construit the improvembnts.
' I trust that the project will have a'lready been withdrawn on your authorization
fV-the time you receive this letter and tirat we can resolve ail ot ihese issues before we schedu'le the. project for final plat approval at the Planning Commission.I feel strongly. that the project needs to'be wilirdrawn, inO not ittiei at this point in lltat !h9 Planning Connission could be easily irritaied and have an antagonistic attitude about the final plat approval iue to the excessive number of tablings. Again, I am more than wiiling lb netp resoive-lneit-iiw minor
Points dealing with the'language of the covenants and the'letter of credit timing, but I wi'll not and cannot schedu'le final plat approval-for public
hearing until these.and especially the completely'signeb'final plat'original
and mylar are turned in as part oi that apilication.-
Please fee'l free to contact me
Very sincerely yours,
about this at any time.
A. Peter Patten, Jr.,. ri,r,,., Dlrector of Cormunity Development
APP: bpr
xc: Berry Permut
KatlY l,larren
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dovid m. peel
kothy worren
orchitects
2588 oroso dr.po. box 3370
voll. co. 81658
303.476'4506
February 7, 1985
Department of Communlty DeveJ.opment
TOWN OF VAIL
75 South Frontage Road Vall, Colorado 81657
ATTN: Mr. Peter Patten, Dlrector of Planning
RE: Vail Woods ldajor Subdivlslon
Dear Peter;
At the request of the applJ.cant, Mr. Keith J. Pomeroy of I.K.S.-VAIL ASSOCIATES, we wl sh to table the Plannlng and
Envlronmental Commisslon final pJ.at revlew of Vall Woods,
scheduled for Monday February 1L, 1985. We request that the
PEC revlew be rescheduled for Monday, March 1-1, 1985.
For Kelth J. Pomeroy
I.K. S. -VAIL ASSOCIATES
Kathy ren, AIA
PEEL AiARREN ARCHITECTS
cc: Mr. Kelth J. Pomeroy
dovid m. peel
kothy worren
2588 oroso dr.
p.o. box 3370
voll, co.81658
303.476'4506 orchitects
January 7, 1985
Department of Community Development
TOi{i'I OF VAIL
75 South Frontage Road
Vail, Colorado 81657
ATTN: i'Ir. Peter Patten, Director of Planning RE: Vail lloods i,lajor Subdivision
l)aan Pal-ar v vv4 r
At the request of the applicant, i,lr. i(eith J. Pomeroy of I.K.S.-VAIL ASSOCIATES, rve wish to table the Planning and Environmental Commlssi.on flnal plat review of Vail Woods,
scheduled for I'Ionday, January 14, 1985. !/e request that the PEC review be rescheduled for fionday, February 11, 1985.
For Kelth J. Porneroy
I.K. S. -VAIL ASSOCIATBS
David i'i. Peel, AIA
PEEL/WARREN ARCHITECTS
cc: l{r. Keith J. Pomeroy
dovid m. peel
kolhy worren
orchitects
2588 oroso dr,po. box 3370
roll. co. 81658
303.476.4506
November 15, 1984
Department of Community Development
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
AT?N: Mr. Peter Patten, Planning Director RE: Vail Woods i,Iajor Subdlvision
Dear Peter;
At the request of the applicant, l{r. Keith J. Pomeroy of
f .K.S.-Vail Associates, rve wj.sh to table the Plannlng and Environmental Commisslon final plat review of ValJ- I{oods,
scheduled for Monday, November 26, 1984. \,Je request that the PEC revlew be re-scheduled for i;londay, January 7, 1995.
For Kelth J. Pomeroy
I.K. S. -Vail Associates
,-/-{Wl()aat"*
KathJ WKrren, AIA
Peel/Warren Architects
cc: llr. Kelth J. Pomeroy
I'1r. Leroy Tobler
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ilvar,t- 1Wl
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h.r* - *^r4 fr. avp a f.s.r-'**U//
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6-70,2-67 a /vr ar*2 +
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Planning and Environmental Commission
0ctober 22, 1984
PRESENT
Diana Donovan
Gordon Pierce
Duane Piper
Howard Rapson
Jim Vie'le
.lere Wal ters
ABSENT
Scott Edwards
The vote was 5-0 in favoE
Peter Patten said that the ap this item to 11/26. Donovan'
STAFF PRESENT
Peter Patten
Tom Braun
Betsy Rosolack
ica was still not ready, and asked to ll moved and Walters seconded to table to
Duane Piper called the meeting to order at 3:10 pm.
];" f, *re the second to approve the A&D Buitding's exterior at teiitior: U.i"--r,iil.o-iri' lii tq-gpproye the minutes as corrected. -The vote was 5-0 (pierdfrtiii yet arr't ved. J
Iten #2 was to be discussed last beca the applicant was not at the meeting yet.
3.uest for a final lat s Subdivision a revision of Di str p I i cant:soci ates
tab'l e
26.
'iew of Vail
4.uest for a side setback varianc in order to build an addition on the Cornice Building.pl i cant:ter Huttner
Kristan Pritz requested to table Viele seconded to table to l1126.
th.is. item until 'l'l/26. Rapson moved and Vote was 5-0.
2. I zoninq code in order the zon istrict for LotsE a arI vtila
um uens ami l.y to Public Use District zoning.
Applicant: Vail Valley Medical Center
Ton Braun showed a site plan and explained that the existing zoning is not appropriate for a medicai center. he added init-ilre-iil;;;; was rEcogniiing
,{ron ,ro -z-
existing uses that are incompatible with the.zone district, and the rezoning would not.preclude the hospita] from requesting any new uses or develoomenti that could not already be applied for,6ut the-puizoning witi requir;"[h;--Planning Commission to.prescribe development standards f6r the site pilJr-to acting on.any_application for a conditional_use pennit and any futurb expaniion of the Medical center..would-require approval of i conditional-use permit.
Braun added that the Medical Center was a valuable resource roi vait and it was in the best interest of the conmunity for the center to be able to operate as effectively as possible. The staff recormendation was for approval.
After discussion, Rap,son moved and pierce seconded to recorrnend to Town Council apprpval o
The meeting adjourned at 3:30.
Planning and Environmental Commission
August 27, 1984
PRESENT STAFF PRESENT
Diana Donovan
Scott Edwards
Duane Piper
Howard Rapson
Jim Viele 'Jere l,lal ters
ABSENT
Gordon Pierce
l.
to - . Donovan moved and Rapson seconded approve the minutes. The vote was unanimous.
This. request was tabled to the September 10th meeting. Motion by V.iele, seconded by Walters.
3.uest for an ndment to ial Devel la4d Park,to subdivi 9.5 acres at the southwest
Peter Patten
Kristan Pritz
Tom Braun
The project.was presented by Peter Patten. Patten reviewed the history of the proposal and the request. Patten stated that the SDD amendment proposal meets all the-cri.teria and the amendment has no negative 'impacts. Site develbpment standards will.be.in compliance with the duplex zoie. Pattbn stated itrat tne importani iictor was that once the site was developed, it would be developed according.lo the iniorma-tion gained from the E.I.R. The E.r:R. identified key uliioi"g sitei ina-iisd'delineates the landslide area on the property. fne siaii recofrmendat'ion was for approval of the major subdivision and'SDD ambndment. Patte; said ttrai ttreie wire conditions of approval as listed in the staff memo, and also added ttvo more conai-Glons of.approval. The first condition being that adequate fire flow and other fire recommendations be followed. The second issue was thai the proposal comply with the August 27, 1984 'letter from the Upper Eagle vitiev-witer and Sanitation Distict.
Igii!^Pg!".oy' representing I.K.S. Vail Associates, explained further the history or his involvement with the project and wanted to emphhsize that this was a new site plan and was not based bn itre previously approvfA-iite ptan.
Dave-Pee], architect fot" lltg.project, gave a brief history on the development of the locations for each buitdihg envelope. He stated that- the buildins ilGl';p;s had been studied further since"the C\aycomb repoii. fuitner refinement was done on ground water and soil problems.
istrict #11. Hi r of Hiqhland Mea
PEcl s/27/84
Edwards.questioned the GRFA difference between this proposal and the previously approved project. Patten stated that the.GRFA-for-the,broject when ii was-oriiinaffV annexed allowed for.90'000 sq f!. The original SDD allbwei for mutti-tamiti 6;t homes with a GRFA of 77,000 !q ft. The nei proposal *oria-now have aa,00d iq-ii of -GRFA. v'ie1e-questioned Barry.permut, the altorney for the project, ii ifrere would be a HUD filing. Mr. Permirt stated that he *oitA-f,au" to check the regulations. He added that he felt that the projeci-rourJ-u" exempt from a HUD filin! because it was located in a muniiiiuiiiv-tiiii'iaa suustintiai uuitaing and zoni4g codes. Diana Donovan asked for clirifiiation oi-point q in paiienis
memo. Patten stated-that qt], i1t959eptor drains and utilitibs must ue in-piact before any construction and that this-was_not a site by site improvement. 'point
4 in the memo tvas changed to read: "Cornpletion or-iti"inierceptor drains and utilities and other subdivision improvembnts shall le requirea'prior io ine -
issuance of a building permit for iny residentiii a"etiiii.i pattin iitea-the developers of th: ppiegt ]f ttrey had spoken to the oin""s of the exist.ing Phase I about contributing to the coirstruction of the inierieptor jrains.--reittr
Pomeroy answered that he had discussed the proposal wittr itre owners of phase I.He stated that the owners are proposing their bwn syitem;nd;iii noi'ue'invoiveo with Phase II's interceptor drain progiam.
Kathy Waffen, architect-for-the project,-requested_that the building height be at 39* feet instead of 30 for flat iooi to 33 for a stoping iooi propoi"a-ii"irre-siarr memo. Patten stated that the 39* foot building height ias-useb ii, pr,ise'r of the proiggt due to. the st_eepness of the siti and-the iici that theid-wire rany existing tall.trees that could screen the height of the units. patten f;lt1ilt the project should be desisned with the site in mina-lna-i6i-ltrts-iiiioh-iErt'i[at the.30-33 feet height was more appropriate for Phase ii. ouane eipei-iiatea-il,lt with ll total units on the site, he freferred to see the 30:33 rooi he.ight li;ii remain.
,lim Viele mov to aDDrov
addition of two points
was seco novan.ota nte tor dra
was a
rov
uto De:
alley Water and San tation
was approve<l unanimous
the SDD amendment 91!qff recormendation with the
s wordrnq h,as
Mr. Patten ne
an
resenta The motion
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aval lable.of recolnnendation he Upper
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The proposal
Tfl !t*,' d3'H #::d #h ifi ff 3 Y ;
TO:
FROM:
DATE:
SUBJECT:
I. THE PROPOSAL
a al
Planning and Environmenta'l Corrnission
Corununity Development Department
August 23, 1984
lequest to amend a portion of Special Development District ll
Highland Park and a concurrent request for a'major subdivision within SDD
.|1. Applicants: I.K.S Vail Associales, Inc.
II.
Proposed is_to subdivide the remaining undeve'loped portion of the Highland Park_special Development District ll into eleveh lois each containin!a building envelope for a duplex structure. The history behind this-proposal is found in the attached memorandum which the Flanning Commission received at their work session earlier this month. The concepl proposed is to eliminate the development of this site as a mu]ti-family tbwnhouse
Proiect and to create dupldx lots for sale to individuals. T-he applicants
have conducted major research and studies into this site's geologii and geotechnical problems.
The request comes to the PEC at this level in the form of a preliminary plan presentation and a major subdivision request which is rbquired due.to the prev_ious Town of Vail approvals creating one large'mu1ti-family palcel from the original l7'duplex lots. Ai extremeiy complete
and detailed Environmental Impact Report has been submitted ind cbncentrates !|se!f upon the geologic and leotechirical conditions on the site.The EIR looks at the site as i whole with respect to ground water conditions,. grading, drainage and other pertinent factors'to the iievelopment of this site as individual residential properties. The EIR then goes
one step further to actua'lly do a p-reliminary geotechnical evaluation for,each building envelope proposed, and thii is critical to the regulat.ion ot development upon this most sensitive site. This memorandum wi'l 'l first evaluate the proposal under the major subdivision criteria and then.proceed to look at the proposal from a special development district standpoint. Finally, we will give our recommendations for'this project.
MAJOR SUBDIVISION EVALUATION CRITERIA
The PEC review criteria for major subdivisions are found in section 17.16..|10 of the regu'lations and are as fol'lows:
, The_burden of proof sha'll rest with the applicant to show that the application is in compliance with the intent and purposes of this c!ap_tgr, the zoning ordinance and other pertinent regulations that the PEC deems applicable. Due consideration shall b6 given to the
recommendationsmade by pup!ig agencies, uti'lity companies and other agencies consulted under 17.16.090. The pEC shall ieview ine apptication and consider its appropriateness in regard to Town of vail polities relating to subdivision control , densiiies proposed, regulations,ordinances and resolutions and other appliclUtb documenis, envir6nmenta'l integrity and compatibility with surroirhding land uses.
rl sDDill 8/23/84
In'looking.at the proposal_in reration to.the.intent and purposes of the subdivision legurations,_we find.ttrat it me"ir-tt"5"'stipu.rations.l.'lith regard to traffii circulation, utilities, .nui"o*.iilt integrity,
9"girugg' 9tc, the prnposar has reieivea a deiaiiea-""vi"w-iro, tne Public t'torks and Fire.irepartments. The uppii E;;i; viii"v wut."ald Sanitation District has also reviewe<t the proposal, and all of the above entities fee'r. that the proposar it-";;i;bi; ino rnoe.a a superior one with regard to responle lo the atiiiluii-qloiecnnicat problems on the site. -The staff ieers quite strondiv inii-in. t"v g19y]sio1 of.this proposar is the construction oi irrL iruiirirron.rnEerceptor drains to the south of the area,ppoposed for development.These di'ains will inteicepi-grijuna wi'iei whrch now drains under'the site and causes the majority of the soi'l stability and construction related problems. . Thus, the proposed subdivisioir ii-a-il;Gbi;'iotrtion for the site which will improve not only ttre iaietv-oi-il" iesidents yfro eventually inhabit the'structures oir ttri iiti,"lri wiir preserve the vegetation and minimalty. disturb the existing'd;irc-;niaiiv -
;,e11ifiv9 s'lopes and other physical features ot itre site. -ine
most
lTl9r:li!-di199v9rv.of the environmental investisations is the exiiting rand sride area in the middle of the site which wttt ue free from any buildings and will be preserued as open space.
Thus' the staff finds that criteria for the creation of a major subdivision proposal. has been met and the proposal represents significani irp"ouern"nii in the development of the propbrty.
III.
To-evaluate this proposal as an amendment to the previously approved sDD ll, we will evaluate the design standards tor'speiiii'ievLiopment districts as set forth in the zoning code.
A. Buffer Zone
This parcel is an isolated one from adjacent properties and natural open space provides buffer zones to the north-and east, while r'orest service land is adjacent to the parce'l on the s6uth and west. A buffer zone.between_this parcei and the existing town homes on phase I of the SDD is not'requirei-tn tnil [i; duti;;structures ppposed for this parcel are entirelv iorpiltUfb wrth the <luplex type townhomes existing on phasi: I. -
B. Circulation System
As-some of you may recall, the roads serving SDD 'l I were redesigned a few years ago upon original approval. Thise pubric-roads wiil
c.
D.
F
F.
a'o I sDD 11 -3- 8t23/84
remain the same with.private drives accessing each of the building sites for garages and parking areas. The private drives will
have easements across other lots to ensure free acess and have
been designed to be compatible with the soil stability and ground
water cond'itions upon the site. The Fire Department has reviewed the proposa'l for ernergency vehicle access and finds the situation to be adequate.
0pen Space
As stated above, the middle portion of this site wi] 'l be preserved
as natural open space due to it being a landslide area. This
open meadow area wi'l 'l serve as an amenity to all who live within this parcel and wi'll effectively break up the areas of development.
Hous'ing Type and Densitjes
The proposal creates individual'ly constructed duplex buildings
adjacent to mu'ltj-family townhouses, but this does not present a conflict situation as mentioned earlier. The existin! townhouses are of a duplex nature themselves and the variety of muiti-family
and duplex structures within a single development area will not -
be a_negative impact in this case. The densities proposed are consistent, not only with the original p'l atted densities, but with SDD_ll in regard to the number of units. The GRFA proposed for the ll lots is 55,000 square feet tota'l and this figure is
well_under the originally allowed GRFA for this portion-of the
Hi ghl and Meadows subdiv'i sion;-
Pedestrian Traffic
The pedestrians in the site will utilize the private drives and public roads and it is not necessary to create separated pedestrian
paths for this project due to the suseptability for additional cuts and construction on the site.
Bui'ldi ng Des i gn
The individual buildings will be reviewed by
Board upon each person's wish to construct.of the special development district and major
be compliance with the recormendations in the site as well as for the overall site.
Landscapi ng
The landscaping proposal will be reviewed with construction plans for dup'l exes and as much of
on the site is being preserved as possible.
the Design Review
Part of the condition
subdivision wi'l'l
EIR for each building
each individual's
the natural vegetation
G.
IV.
to sDD 14- a/23/s4
The site shall be divided into two areas for the purpose of separating
t*-:?P-ilt9,lppf9!Iiute standards for resulationi.'irre lxistins townhouses will comprise Area A of SDD Il, while the paicJl reprEsenting the l'l lots wi'll make up.Area B of sDD'l'r. oevetopmEnt-itanoaros rlitl !. as dep'icted il t!. residential (straishi-d;;i&i ;;;"district-for height (33.feet maximun foi sroping robrs,'s0-ieet
maximum for a flat roof). The remaining sitb aeveiopmeni siandards are built in to the fDD by adopting the-development biin-ana the EIR as part of the apbrovai. -
STAFF RECOMMENDATION
The cormunity Deve'lopment Department recomnends approval of the major subdivision request and the amendment to sDb'ti io ireate the vail tloods subdivision. Although we are disappointed-that the sites will not be developed undir a single mailer piin-ilv a single developer, we do feel that this pr6posal
"eprlsenti a much superior_one to.the previous SDD with'regard lo-gioiogic and geotechnical planning. The EIR for the project is in eiiellent one and i.s the key e'lement in the developneni oi this parcel of ground. Construction of. drainage and'grading improvements for this site will insure that devitopneni whicfi tiiiei piiie here is done in a safe and aestheticaily pleasing mannei.. ine conditions of approval are as follows:
I l. That upon PEC approval of the final plat (scheduled for public hearing at PEC on September 24, 1964), the subdivision plat be .Ieigy to be recorded with the exception of the
Town of Vail and County Clerk signatures.
2. The EIR as submitted wfth this project along with a'll documents in the submittal requirements aie adopted ai the deve'topment plan and must be complied with for thb construction of all improvements on this piece of property.
3. It is the developer's responsibility that purchaser,s of lots in the Vail'Ioods subdivision lre awai.e of the EIR and the regulations which this report imposes upon th-property.and-that compliance with this report ii a mandatory part of development.
4. Completion of all interceptor drains, utilities, and other site-improvements shall be required prior to the issuince or a building permit for any residentiai dwelling.
(
a shall be defined bFthe radius,
All dimensions, both 'linear and
survey in the fie'ld which must
thousand (10,000).
3. North arrow and graphic scale.
.4, A s.ystemat'ic identification of all existing & proposed buildings, uni.ts,''lots'
Dkickg, and ndmes for all streets.5. llames if all adjoining subdivisions with dotted lines of abutting lots. If
adJoining land is unplatted, it shall be shown as such.
6. An identification of the streetsn.alleys, parksn and other public areas or
facilities as shown on the p1at, and a dedication thereof to the public use.
An ldentification of the easements as shown on the plat and a grant thereof
to the public use. Areas reserved for future public acquisition shall also
be shown on the p'lat,
7. A written survey description of the area
nearest appropriate significant figure.
shall be shorm in this manner, as well.
A description of al't survey monuments, both found and set, which mark the
boundaries of the subdivisionr.and a description of all monuments used in
conducting the survey. Monument perimeter per colorado statutes. Two perimeter
npnuments shall be established as maior control monumentsn the nnterials
rtrich will be determined by the Town Engineer.
A statement by the land surveyor explaining how bearing base was determined.
A certificate by the registered land surveyor as outlined in Chapter 17.32
of this Tit'le as to the accuracy of the survey and p1at, and that the survey
ras perfonned by him in accordance with Co'lorado Revised Statutes 1973, Tit'le
38, Article 51.
It. A certificate by an attorney admitted to practice in the State of Colorado'
or corporate title insurer, that theowner(s) of record dedicating to the
public the public rights-of-way, areas or faci'lities as shown thereon are
the onners thereof in fee simple, free and clear of a'l I'l iens and encumbrances
except as noted. (See example in Chapter 17.321
: '20-I central angle, arcllford distances and bearings.
angular, are to be determined by an accurate control
balance and close within a limit of one in ten
{
including the total acreage to the
The acreage of each lot or Parcel
8.
9.
10.
. .ar-
-21-
'14.
15.
12. The proper form for approval of the plat by the PEC chairman and acceptance of dedication and easements by the counci'l with signature by the mayor and attesta-tion by the town clerk. Examples are found in Chapter 'ti.gz ot itris titte.
13. The proper form for filing of the plat with the Eagle County clerk and recorder as per example in Chapter 17.32.
Certificate of dedication and ownership as per example'in Chapter 17.32. Should the certificate of dedication and ownership prov'ide'for a dedication-oi-land or improvements to the public, al'l beneficiaries of deeds of trust and mortgJge holders
o-n said real property wi.l1 .be_required to complete the certificate or aediiation for mortsase holder br deed of tiust-hoiaer ai inls6ciion'ii.jiliEol'
Additional material which shall accompany the final plat includes, but not
I imited to:
complete and final environmental impact report if required by the
zoning ordinance.,
complete engineering plans and specifications for al1 improvements
to be installed. inc'luding but not limited to water and sewer utilities,
streets and related improvements, pedestrian and bicycle paths, bridges
and storm drainage improvements.
c' Maps at the same sca'l e as the final plat showing existing topography
and proposed grad'ing plan (contour interval requirements same as preliminary
plan), a'landscape and/or revegetation pran showing rocations, type
and sizes of existing and proposed vegetation,
d. A map the same scale as the final plat depicting a'll high and moderate
avalanche hazard areas, 40% and high srope areas and 1O0-year f'r ood
plain areas as defined in the hazard ordinance of the Vail Municipal Code.
e' Tit'le insurance company proof of ownership of all lands within the
proposal.
f' Copies of any monument records required of the land surveyor in accordance
with colorado Revlsed statutes r973, Tit're 3g, Article 53.
g. Any agreements with utility companies when required.
h. Protective covenants in form for recording.
l. 0ther data, certificates,.affidavits, or documents as rny be required
by the zoning administrator or pEC or council in the enforcement of
these regulations.
a.
b.
L
o -22-
'17.16.140 Final P'lat - Review Criteria
The criteria for reviewing the final plat sha1'l be as contained in Section
17.16.110 of these regulations.
The fol'lowing improvements sha'll be required by the subdivider unless otherwise
waived by either the zoning administrator,,djrector of public works, PEC.or
council. A11 improvements shall meet the design standards, Section 17.28,
l. Paved street and parking lots
2, Bicyc'le and pedestrian path linked wjth tounr of Vail system and within
the subdivision itself
3. Traffic control signs,- signals or devices
4. Street 'lights
5. Landscaping
( 6. Hater I ines and fire hydrants
7. Sanitary sewer lines
8. Storm drainage improvements and storm sewers
9. Bridges and cu1verts
lO. E'lectrica]'lines
11, Telephone lines
12. Natural gas lines
'13. 0ther improvements not specifically mentioned above but found necessary
by the Town Engineer due to the nature of the subdivision. .
17.'16.'170 Planning Conmission - Pub'l ic Hearing
The planning and environmenta'l corrnission shall review the final p'lat and
associated material and information and sha'l 1 approve, approve with modifications,
or disapprove the plat w'ithin 2l days of the public hearing on the final plat of che
subdivision or the final plat is deemed approved. A'longer time period for rendering
'a decision may be granted subject to agreement between the appl icant and the pEC.
17.'16.190 Town Councit *C, to Appeal
-23-
Within l0 days the decision of the pEC on the final plat sha'll be transmitted to the
Counci'l by the staff. The Council may appeal the decision of the PEC within l0 days
of the PEC's action. If council appeals the pEC decision, the Council shall hear sub_
stantial1y the same presentation by the applicant as was heard at the PEC hear.ing(s).
. The Council sha'll have 30 days to affirm, reverse, or affirm with modifications the
PEC decision, and the Counci'l shall conduct the appea'l at a regular'ly schedul*r;lrr.tt
17.16.200 Councfl Acceptance of Dedjcations
Within 30 days of Counci'l approval of the final plat, the Councjl shall (1f they so
choose) accept in writing by the mayor, the'lands dedicated as herein required, or
accept the monetary payment in 'lieu thereof.
17.16.205 Fi1in9 and Recording
The Department of Corrnunity Development wil'l record the plat with the Eagle County
clerk and recorder. The Conrmunity Development Department will retain one mylar copy
of the plat for their records and will record the remaining my]ar copy.
17.16.210 Permit Issuance
After final approval and acceptance of dedications (or payment jn 'l ieu thereof),
applicab'le site improvement permits may be issued by the department of corrnunity
.development and the department of public works. The deve'loper may proceed with such
additional requirements, permits or authorizations as may be required by this ordinance
or regulations of the town. No permits sha'l 'l be granted or authorization to proceed
in the event fina] approval is not granted or the provisions of Section'17.'16.200
are not satisfied. No permits sha1 I be issued, or said perm'its may be withdrawn,if any project proceeds or attempts to proceed not in conformance with either the
approved EIR or the final plat and associated material as approved.
'17.'15.250 Guarantee for completion and Maintenance of Improvements
A written agreement between the town and the subdivider shall be required in order
to guarantee the construction and maintenance of required improvements. Said
agreement sha'l I cover 100% of the cument estimated cost of the improvements at
the time they are to be insta'lled as computed by the town engineer and approved
by the town manager or as suppt ied by the contractor in the form of a firm bfd proposal .
The agreement shal'l provide all information necessary to allow the town engineer to
formu]ate an estimate if needed. The guarantee shall be at the option of the applicant,
one of the following: A cash escrow, a perfornance completion bond, or an irrevocable
'letter of credit.
L
- 24-
and shall give the town the uncondi-
tlonal right, upon default by the subdivider to withdraw funds upon demand to
partially or fully complete and/or pay for any improvements or pay any outstanding
bi'lls for work done thereon by any party. The subdivider shal'l also agree to
. warranty all improvements for a period of one year after acceptance by the town.
No building permit or certificate of occupancy shall be issued within the subdivision
lf said agreement is in default until the deficiencies are corrected. The agreement
shall be recorded along with the final p1at.
17.16.270 Improvements - Inspection Required
As portions of the improvements to be dedicated to the town are completed, the
town engineer shall inspect them, and upon approval ano acceptance, he shall
authorize the re'lease of the agreed estimate for that portion of the improvements
except that ten (10) percent of the estimated cost sha]l be withheld until all ' proposed improvements are completed and approved by the Town Engineer. The sub-
divider shall in no }Jay be relieved of any obiigations to make the improvements,
nor is the town obligated to assume the responsibility for any improvements by
reason of the acceptance or any approval of any guarantee. Improvements not
to be dedicated to the town shall be inspected and accepted by the appropriate
governing body or district.
17.16.290,,As-built" plans
Finished plans of all public improvements as instal'led will be required before
the town wil! accept the improvements.
17.16.330 Expiration of Fina'l plat Approval--No Improvements Installed.
All required improvements as outlined in 17.16.150 must be installed within 4
years of the date of PEC approval or the plat shall become instanly invalid..
All right to improve or develop the property on the part of the owner or sub-
divider sha'l'l thereby be rel inquished..(
\_
-19-
17.16.'130 Fina] P'lat uirements and Procedure
A. The subdivider shall submit eight (8) copies of the fina1 plat, two or more
of which sha'l'l be mylars, l2 copies of the final EIR and any additional material
as required by Section'17.'16.'130 (C). The final plat shall substantia'lly conform
to the pre'liminary plan and shal'l inc'lude changes as required after consideration
on a prelim'inary basis by the PEC. If it does not substantial'ly conforrn to
the preliminary plan and inc]udes any revisions required by PEC' it shal] be
rcquired to go back through prel'iminary plan procedures. Within 30 days of
recei.ving the complete and coryect submitta'l for a final p'lat, the PEC sha'll
hold a public hearing to consider the final p1at. The zoning administrator
sha'll cause a copy of a notice of the time, place and general nature of the
hearing and proposal to be published in a newpaper of genera'l circulatjon in
the town of Vai'l at least fifteen ('15) days prior to said hearing. A'lso, adiacent
property owners to the proposed subdivision shall be notjfied in writing at
least 7 days prior to the public hearing.
Final Plat - Staff Review
The fina'l plat shall be circu'lated to and reviewed by the town's departments,
includjnq, but not limited to public works, transportation, cormunity develop-
ment, recreation, administration, pol'ice and fire. Corments and concerns
of these departments wi1 'l be forwarded to the PEC and the appllcant prior to
the publ ic hearing jn the staff memorandum.
Fina'l Plat and Supplimentary Material - Contents
The final plat and supp'lementary material shall contain the following information:
l. The fina] plat shall be drawn in India ink, or other substantial solution,
on a reproducib'le medium (preferab'ly mylar) with dimension of 24 x 36 i-nches
and sha'll be at a sca'le of one hundred (100) feet to one (l) inch or larger
with margins of l -112--2" on the left and 1/2" on all other sides.
2. Accurate dimensions to the nearest one-hundreth of a foot for al I lines'
ang'leS and curves used to describe boundarieS, streets, setbacks, alleys'
easements, structures, areas to be reserved or dedicated for public or common
uses and other important features. A'l'l curves sha'l I be circular arcs and
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I
-8I1B/83 HIGHLAND PARK PROJECT
a
.,/V
Calcon, Murrain, Andrews, Jamar, Patten, Dave peel , Ken Long, Dick Duran
Letter dated 8/17/83 fron Robert Thompson to Ca'lcon re. study will be ready next
week.- only 2 problem areas identified in study - below bldg #2 and in landslide area.
Uillie: 'Edeeno complaining bout drainage again. f,lil'lie told them that he,d talk to Calcon and it would be remedied. i
.- drainage prob'lem - rip rap ditch along lower r.oad ,
Townhouse p'lat 'Wii't'ie wants to look at road again before accepting
. Landscaping - 95% ok - Jamar and Peel
' Iownhouse Plat - before approval:l,lillie accepting road, etc.' -review of Geo-Tec study
-reyiew of fina'l building Iocations
. Privacy Wa'lls - no problem in elimination
: ;lEI";i:".;31'i:;a,:!;T,.;'T;"llese areas
Landscaping contract 'let in 2 weeks finished this year
Duran - haven't received maps on distribution lines - lines put in before Calcon got involved
ulllie has some plans for H20 1ines, but they might not be as-builts
Dick wants to do fireflor.l tests, but he's afraid of drainage problems
-need contact w'ith water district on status
-calcon will help with testing - could use flow to clean off road
Galcon is concerned only with lower road - upper road is pomeroy's
.lamar - Plaza B'ldg deletion requires amendment to SDD that will go to PEb.
. - geo-tech infor is key
.Blgsl-8donebySat,restbySeptl5.C.0.'soribldgsl.4first
Dlrt on inside of. craw't spaces, yet to be done - Gary othenvise Calcon has accomplished everything in lasfletter
Dick D can rent hose section to Calcon and theyneed UEVWSD meoer on hydrant to wash down.
...,'
.^rrF.'-rr- qf,'rl
!t
/dCAL6ON G=rcotsrnucrons, lruc.
July 28, 1983
Town of Vail
Box 100
Vail, Colorado 81657
At tn: Mr. Steve Patterson
Re: Highland Park, Filing #l , Tracts I & II
Dear S teve:
The purpose of this letEer is to recap our progress to date, and to clarify con-
versations and directions received regarding the above referenced project.
Please note the following:
(1) Re: ceotech Report:
CTl/Thompson is in Ehe process of preparing the report to comply with
the intent of Ordinance No. 29. We had originally expected to have
the report by now, buc will not have it until about August 15, 1983,
(Please note that we will comply with all remedial requests andlor
renovations as direc ted. )
(2) Re: Scope of rip-r:rp for existing drainage:
The building department approved plans show rip-rap to control the
outfall from the culvert which feeds from area drains. All but two
of rhe drains have been installed, with the rip-rap yet to be completed.
It is our understanding that the scope of the rip-rap should extend
far enough down the hill to control erosion, with a plastic barrier
placed beneath the rip-rap to further guard agairrst erosion. The two
rernaining area draios are to be installed at the main entry of Unit /lL
and Unit /12. They are to be connected togeEher'with one culvert with
its outfall in. tbe south drainage ditch of Vermont Road. (Please note
that the geotech report may modify this in some aray, but we will proceed
as stated unless we are Eold differently. )
(3) Re: Town of Vail letter dated S Eember 29 19 82 to Joe lannin
(copy at tached ).
As of this dat.e, it is our understanding that each item has been
a
705 W. Dartmouih Ave. Englewood, Colorado 801 t0 (303)762-1S54
o
Toun of Vail (Cont' )
As of this date +982 has been
the area best as Possible to
the dirt was placed there.
complied with. Furthermore, we will meet the reQuirements of the
..'ol-""d landscape plan in regards to planting of items as needed'
As for the site plan strowing changes in the drainage Patterns' in
addition to showing this we intend to comply r^ti- th the geotech re-
polt es required.
l]lre culvert inlet has been cleaned-out, and vtater has been running
through freely. we had to machine excavate (from Vermont Road) as
there had been a large amount of dirt along with all the garbage de-
posited by Sun tech which collected around the inlet' I^le intend to
p1""" "orul rip-rap as a headwall as soon as the area dries up' At
ah. pr."..ra ti.ure, the hill is too wet to get a nachine dosn there'
July 28, 1983 Page 2
removed. In addition, we will clean up
reflect the condition as it was before
He are going to move e Portion of Vermont Road and the cul-de-sac
so thet it is within thl Approved 1981 Plat right-of-way. In addition'
one area drain and a fire tya-tttt will have to be moved' As a result'
the Final PLat for Tracts I & II will have the same right-of-way as
the 1981 Plat and there will be no need for a Replat on the road (or
right-of-way).
It is our unders tanding
approved along wi th the
Road and Cul-de-sac:
that the deletion of the TiIe
approval of substituted Paint
D
been Fascia has
co1or.
culvert inlet:
Stock Vermon t Cour t :
Ve rmon t
Plaza Bui ldin (or Recreation Buildin ) dele
Per l,lestern Federal Savings leEter of May 5, 198 to delete
the Plaza Building. We have removed the forms and
filleil the area. We will use a native seed cover
and beck-
match the area
around it. /1 |' /trqsrrl ra m &
Electrical
I,le have had the entire project inspected by two electrical engineering
Town of vail (Conr.)July 28, 11r83 Page 3
firms -- Autorlated Engineering Services, Inc. and Youder Engineering.
Attached please find copy of A.E.S. report dated June 28, 1983. We
are correcting' the items as noted including installing the new service.
( 10)wall(s) deletion:
Attached please find copy of CTl/Thompson letter dated July 22, L983,
regarding the elimination of the privacy walIs. Dave Peel has been
hired by l{estern Federal Savings and is in the process of talking \rith
the proper people to elirninate the privacy ualls. l,l.b"r this process is
complete, and all parties of concern approve this elimination, ve will
renove the present wal1s fron the project.
If at all possible, ue would like a meeting August 19, 1983 with all concerned
parEies to discuss any items we have not provided you in order to obtain the
CerEificate of Occupancy for all six permits. We anticipate requesting for
Certificate of Occupancy's for buildirgs I through 3 (Units f - 6) by August 31,
1983.
Feel free to contact this office if you have any guestions, corTrnents, etc.
erely,
,(,
Kim R. Douglas
Project Manager
KRD/sk
encL
cc:ffi-
Bi 1l Andrews - Engineering
Western Federal Savings - Dave Nowlin ' Dave Peel
Johnson, Kunkel & Assoc. - John MacKowan
A.E.S. - Patric Wright
Youder Engineering - Vern Dennison
CTl./Tbompson - Bob lhompson
Ross Electric - Alan Lambolev
'.Ll,
.-
- -it
department of community develoPment box 1O0
yail. colorado 81657
l3O3) 47Fs6r3.
Septer,ber ?9, 1982
- Joe Fannin ' 1470 S. l'ladsvrorth
Lakewood, Colorado 802?6
r !''N
cons tructi on;
Tor.rn Pl anner
PJ:df
I
!
ir;
, '-' l).An improvenent.survey for bu'i ldjngs 1-4;
r.L' . i-i ;:---
\ !"-
...'..-:
-<2) n revjsed. site plan for'the entirr ifid pja" for'the entire Phase ;e I including the recreation
ti
and grading.
{ . ,,.-a) A revised. site plan f or tne ent]re Pnase l-rrlLruurrr9 Lrrtr f ct-r tsLrv ! - / Uiiiai"s ina ir"".' This plan shall ref'lect all revisions of building r i;;;iiois-ino configuratibns and any changes made in 'ehe drainage patterns
Dear Joe:
To sunr::arize our meeting this morning regarding phase I of Hi9h1 and.
pirk, our staff requesti tt'at the fol'lovring information be submitted:
3) A revised 'landscape p)an showing any.nrodifications.that wjll need to
be made due to changLs in bujiding and drivervay'locations and p1 ant
materials that will be uti'lized to substitute for trees which were
designated to be saved and have been damaged or removed during
4) A let^r-er from your structural engineer verjfying that the foundations
des.igned for the -bu'ildings which have re]ocated are adequate; ano
5) A revised inprovement survey for bujldings 5 & 6 shorving roof heights
l:L. and grade e'levations around- the bujldings
Y,/I have notified Chet Horton that he may proceed with inspecti-ng building
6 for framing and that no o^r-her inspectiohs will .be perforrned on any
buildings until the above inforrna'r-jon is rece'ived by our oTTrce. I
hope we can continue to work closely with you on this project-
r'
--2:"
A E S iHli,l$l', fu? nvtces titc.
Juoe 28, 1983
l
Calcon
705 I,J. Dartnouth
Englewood, Colorado 8Ol l0
AttD: Mr. Kin Douglas
Subject: Highland Park E Highland Headows
(Our Job No. 83037)
CONSi RU()IORS cr'JroN
Subdivision
Dear Kl.m:
Pursuant to your request to
electrical iDstallation on
we did so on June 23, 1983'
in attendance:
make an observation of the
the above referenced Ploject 'wich the following geDtlemeo
Ur. Kin Douglas - Calcon
Mr. Dick Norris - Calcon
Mr. lr',ark Condon - Ross Electric
ltr. Patric A. lJright - A. E, S. Inc.
Fo11ow'ing is a list of our coments:
l. It should be noted that che 1978 N.E-C- was l-n effect
at the time the building pernit L'as apPlied for on this
project, therefore, 6lt.6snmgnts will be addressed
according ly .
2. A11 of the unics have been drywalled and sooe have beea
tri,,,-ed out (i.e. device plates installed) so individual
branch circuit cbecks were Dot gossible beyond device
boxes and pane lboards.
3. After discussing the detached garage wiring problem with
Mark of Ross Electric, a solution uas worked out by which
a separate branch circuit froo the unit panel rritl Ue
installed underground fron the unit panel to a junction
box in the garage with No. l0 type 'USE" cable.
4. All devices appear to be properly grounded sith oechanically
crimped connectors installed.
5. The Ground Fault Interrupter devlces had not been installed
'at this tire, houever, Mark assured us that the G.F'I'
circuits would be cotoPlete and functional ln ti.roe for
final insPect ion.
13693 E. ililt. Suite 102. Autora. Colorado 80O14 . (303) 751-2700
6.
Highland ?ark & Highland Meadows Subdlvlsion
Page Two
A11 unit smoke detectors ltere not iEstalled at this tine
"rl -i"-""its ltith detectors install-ed flanable finishiog
(i.e. staining aud varnishing) was in Progress so
functional testiDg of detectors was not feasible'
It is recoErmended that a G.F.I. circuit breaker be installed
on all J:uc:uzz! branch circuits'
The fixture outlet ia the Pantry of the "8" type units should
be blanketed off and the srritch reuoved in that the fixture
is closer than l8'r to the top shelf'
Servlces for Unlts lA, 2A, 3, 38, 48, 58., 68' 78, and SB.have
beeu lnstalled. reeders iron the meter stacks to the units '
are 3/0 ah.minrn with 1/O alurnlnum neutral type "llSE'r (rated
at 155 Aops). tt"se f""a"tt are adequate in all cases based
onindividualtmitloadsandvoltagedropfromtheEeter
to the panel which {s rated at 200 AnPs'-
The terninatlons of the unit feeders at the meter stack clrcuit
breakers rePresent
-a-flagrant
code violation' very substandard
roir-..r"t ip on the Part ;f the,previous electrical contractor'
;;;;;.; a'potentiai hazard' (The conductors have been
trinrmed xo 5O7 of it"ir iurrent carrying capacity to flt under
the lugs of the circuit breakers) '
Based on our calculations ' the naio circuit breakers Ln all
Deter stackt "t o,'fi-it- "i"ogta to 125 Amp s 2P and the alumintm
feeders should be tertrinatel wtth coPPer pigtails using-the
Burndy or llac type conpression fltting and lnsulating sleeve'
l0.ServicesforUDltsgB,.loB'llB,andl2BhavenotbeeD
iustal]ecl at tfrjs tfne but-should be installed per Ltem 9'
paragraPh 3.
11. Driven ground rods should be installed at each DeEer stack'
as trell as a uater PiPe ground'
12. The feeders fron the Deter Stack (38' 48' 58) ard (68' 78'
88) to the transforrDers are inadequate' based on our
calculations. fhe load on a three rnit building ls 280 Anps
whichrequiresmlnimtnsooMc},alrrminrrmfeedersfroothetransforoer
to the rDeter sEack' our calculatLons show that on buildings
(38, 48, :gl ,"i-iis' 78, 88) the 500MCM due to the distance
involved (2f0 ft- ."i.) will give us voltage droP witbin the
requirements (32) of the code'
7.
8.
9.
t2.for it
& Eighland Meadoss Subdlvision
l
Unlts 98, l0Bi llB' and 128 have not been
this tloe but should be installed Per iten
can be of
please do
Elghlaad Park
Page Three
13. Services
installed
PAIJ:gh
us Ln this project. If ue
f you have any questionst
rvices, Inc. .-.
o
cTL/THOMPSON, lNC.
CONSULTTNG GEOTECHN ICAL AND MATERTALS ENGINEERS
July 22, 1983 'i
Ca'lcon Constructors," Inc.
705 l,lest Dartnouth Avenue
Englewood, Colorado 80110
Attention: Mr. Kjm R. Douglas
Project Manager
Subiect: Highland Park
Vai1, Colorado
Job No. 9345
Gent'l emen:
At the request of Mr. Cal Cox, our firm has in-spected conditjons at a
developmeni known as Highland Park in Vai1, C-olorado. The structures
are lotated in an area oi Vait where slope failures have occurred. The
ipeciiic area of construction was identified as a "High R'isk Zone" jn an
investigation by our firm in 1973. subsequent to_our or-i9ina1 sludy
there hive beenhany reports, investigations and analyses-of the_genera'l
aiea. of Highland pirk.' Rt ihe p.ese-nt t'ime, we are -making analyses of
the stabi 1i1y of the hi 1'lside which supports th is project'
As part of our current analyses, plans for the project r'rere revierved.
In addr'tion, vre have visitei tne ijte to observe the construction and
soils exposed by various existing slopes. l,le p-la-n to drjl,l test borings
at critical ar6as after we comflete'our preliminary stability studies
using values estimated from-the conditions exposed.
Based on the data reviewed and the soils exposed in the slopes, i! is-
our opinion that considerab'le strength 'loss wjll occur in the event of
saturation of the soils.
Visual examination of the cutslopes jndicates the soils are low
ifiiiiciiy ctuys or silts with roci< fragments 1!q sa4 'lenses. This
qenera'l itass of materials may be nrojsture sensitive depending on -the iititiuu density of the deposit. It is our opinion that good. surface
and subsurface itainage con'ditions must be maintained to keep-the- slope
iro*- r*ing. Part -of the present design ca1l.s- f or..,instal'lation of
numerous sm-all walls to d'ividd up the uniti visual1y. t'lhile these walls
may-be lttractive from an architectural viewpoint, _t_he.wa'lls may cause
inierruption of surface drainage and serve to collect or channe'lize
flow. It appears that installltion of the walls may result in water
rdEfrfi7E
JUL 2 2 1e83
l97l I^/EST l?THAvFNTJE . OENVER. COLORAOO 80204 ' t3C3, A2507 77
-2-
standing adjacent to buil_d_ings aF- jncrease snow'collection and removal
;;;;i"d. if it ii J all lossib'le, I recormend elimjnating the small
i;;i;"ft ruting the design 6n the uphill side of the units as simple as
"iriiuiJ. ti ii imperati-ve that poiitive .slope away from the structure
it"-r"-irt"ined ina ihat water is'directed :nto ttri storm-driinage as
dJf i1ly as poss ible. It appears that the planned wal'ls wi ll serve as
iraps lnA could lead to long-term problems'
l.le are continuing our analysis of the project and expect to complete.the '[po.i iiout Aug-ust 1. If rve can clirify our opinion on this matter'
please cal'l .
Very trulY Yours'
CTl/Thompson, I.nc .
Rl.lT:jc
(3 cop'ies sent)kit;it6'9
o
75 south fronlage road
Yall, colotado 81657
(303) 476-7000
May '10, 1983
David Now'lin
Western Federa'l Savings
700 Seventeenth Street
Denver, Colorado 80202
PETER JAMAR
Town Planner
PJ:br
Encl s .
Re: Special Development District #l'l
Dear Mr. Nowlin,
I have rece.ived your letter dated May 6, l983.which requests information
;.gi"ir;.ri-ir'"-pri,i"au""i-to u" folloived'in order to request approval !o-qtltlt,
the recreational buiiding-from the requ'irements of Spec'ia1 Development Distlict
No. l'1.
I have enclosed for your informatjon and use q coPy of SDD #ll, Chapters l8'40
inJ-fe.66 of the Vaii-muniiipal code, an applicatjon for.an amendment to the
zon'ing ordinance, and a schebule of it'e ptahning and Env'ironmenta'l Conmission
;ilj;;.i;;" aeaa'ijnei and-meeiing dates. I havE circled the appropriate sections
of each. If, after reviewing th6 procedure, you have any questions, please
contact me.
Si ncerely
o
JI ryd*,",rydry**za
March 24, 1983
Mr. Keith Pomeroy
IKS Vail Assoclates
31805 Middle Belt Road
Suite 305
Farmi ngton Hi I I s , l'li chi gan 48018
Dear Mr. Pomeroy:
Please be advised that Hlgh Country Corporatlon has reviewed the proposed
amendment to the Special Development Distrlct for Hlghland Park as pre-
pared by Peel and Waren, Architects, dated January 14, 1983, described as
"SJ te P'lan. "
High Country Corporatlon approves the revised slte p'lan as drawn.
However, High Country Corporation, by slgnlng this letter, does not pre-
judice their security in Lots 26, 27,28 of Highland Park as contained
in their First Deed of Trust covering the above-mentioned lots. Hlgh
Country Corooration would like to see f the Town of Vail approvef this
pl an.
o
raoo LrNcoLN DENVEFT. CC'LORAOO 6O2e5 t3o3t t|6t-fl61
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Dave lruin, architect.on the project, stated that he had a site improvement
igrvey from Intermountain Engi.neering.- Pierce stated that on v.isiting itre site,it was evident that there would be lilt'le impact on neighbors, and that he would rather see the building squared off rather than have an6ther ingle. H" iaaea- -
that he would feel differently if this was the original ievefopfient. 'vieie-ieft
that this was an extraordinary situation.
Kristan Pritz stated that she felt that the owner did have prior knowleqe of the encroachment. Iruin stated that when they found oEl they'r'ediiw-t[i iEJis, - -
for DRB. Discussion followed concerning ihe fact itrit t[! apptiiani-crrJi""io go before DRB with the knowledge that hE would ttien nive"to-aik the pii ior i
IiijS!!.1. Improvement surveys were a'lso.discussed, with the mijority-ot ihe-uoard
I9:l]!g thlt.an.improvement survey should be requested before pouring a foundation.Patten-explained that at one time the Council had discussed this, and had decided that since the staff tvas concerned about the height as welI, it-woufJ U"-U"ti""-
!9-,flYi the improvement survey at the framing stige so that-the treigfrt-wouiO-Ue lnolcated. lt|alters suggested that an improvement survey be required both times,and Viele suggested that the building department make a-cursory check of setuiiis wnen ne does the footing inspection before the concrete is pouied.
Another suggestion was to requ'i re al 1 pins to be in, and vie'le said that this was expensive. Pierce felt that it wai important for the nuiiaing aepirtmeni
!:,.1:!!.t19 ll"ep.lots expgglatIy. The eipense of the surveys wis elptorea,anc PIper mentioned that builders often complain that each re-gulation ltre town imposed added to the expense of constructioir.
qest with the first two findi listed and the
Pierce seconded the motion for approval and the vote was 6-0 in favor.
5. Submission of I ;lat for Vai'l Woods
str on, a revision of
a I Deve rematnlnq area i nto I I duptex lots.cantl I.X-. S. Va
fi
Peter Patten
0ctober 8.
exp'lai ned
Viele moved
that the appl icant -Feqffied-to- tabT6 this item unti I
son seconded to table to 10/8/84. Vote was 6
I icant-rE
and Vote was 6-0 in favor.
5. A request to modif.v the f'lood plain in the area of the confluence of
,uar* *il *e location of the trash compactor had been changed and that there was no 'longer a need to modify the flood piain, so this item wis withdrawn.
Patten to'ld the members that there would be a joint meeting of the pEC and Council on Tuesday,0ctober 16 from l2:00 to 2:00 (with those-deliiiors cheese )nop sandwiches). Rapson stated that he cou'l d not attend, and Jere wasn,t certain whether or not he could. patten asked for suggesiions for the-aqenda.(memo to members--this meeting-is ueing'ct'anged io 1oiL-, sim; i;;.i"\; r'vs"\'("
o
P1 ann i ng and Environmental Cormission
September 24, 1984
PRESENT STAFF PRESENT
Diana Donovan
Gordon Pierce
Duane Piper
Howard Rapson
Jim Viele
Jere l^lalters
ABSENT
Scott Edwards
The meeting was cal'led to order by Duane Piper, chairman, at 3:00 pm.
l. Approval of minutes of September 10, 1984.
Rapson moved and Donovan seconded to appyrve the minutes as printed. The vote
was 6-0 in favor.
2. Appointment of member to DRB for October, November, and December.
It was decided that Jim Viele would be the next DRB appointee, with Gordon Pierce
!qg!inS him up. Diana Donovan volunteered for January, February and March of
1985.
3. This item was withdrawn
st for a side setba k variance in o build a on Lot
Kristan Pritz showed a site plan and expla'ined that this foundation had been
constructed 3 or 4 years ago and as approved was located within the 15 foot side setback. However, the foundation was 'laid 2 to 3 feet into the side setback.To complete the residenqq qsjns the existing foundation will require approval of a variance. The staff fe]t that this wai a self-created emdr and i^bconmended denial.
Rick Pirog' the app] icant, stated that an angle on the garage would not comp'lement the.project. He felt that the lot was unique, and stated that at the DRB lbvel,
he had agreed to_heavily landscape this corner. Rapson wondered if the applicant
i.ntended to complete the project once it was started, and Pirog stated thii he
di d.
Piper questioned the fact that the applicant had gone through DRB before coming to the Planning Conrnission, and Pirog stated that he didn't discover the problim until the DRB review board process. Piper read into the minutes the fact'that
he had a letter from.the adjacent property owners named Heller, approving the project with the variance.
Peter Patten
Kristan Pritz
Betsy Rosolack
4.
subdlvlslon.
(/-
tmn
tf2 wcrl merdow drlve
u.ll, color.do 81657
(303) 470-2100
fl]l departmont
September 21. 1984
VAIL VrcODS
Site Plan Cteck / tlotes
Private road 20' wide without snovr or curb allorrmnce.
Private road off Vernpnt Road 240t beyond turn around at B1g. 12,
see U.F.C. 10.207(A), 68 C,rade.
Buildings 9 and 10 - no access, over 200' frcrn cul de sac.
Private road 360' frcrn tuinaround - Buildilgs 7 and 8.
tiivate road 3OO' frcrn turnaround. - Buildings 4, 5 and 6, off Vernpnt Rd..
320' to Building 1.
fire hlnJrant locati.on not specified. Appears inadequate - minirmrn
300's1ncing.
Ileed buildjngsr square feet and tlpe of construction.
Fjreflsvs not specified. To estirnate: ft3 + 100 = grn required.
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dovid m. peel
kothy worren
orchitects
2588 oroso dr.
p.o. box 3370
rloll, co. 81658
303.476.4506
September 19, 1984
Department of Community Development
Town of Va1l
75 South Frontage Road
VaiL, Colorado 81657
ATTN: I{r. Peter Patten, Planning Dlrector RE: Vail Woods l4ajor Subdivision
Dear Peter,
At the nequest of the appllcant, I,{r. I(eith J. Pomeroy of I.K.S.-Vail Associates, we wish to table the Planning and Environmental Commisslon flnal plat revlew of Val1 Woods,
scheduled for Monday, September 24, 1984. We request that the PEC revlew be re-scheduled for I'londay, October B, 1984.
For l(eith J. Pomeroy,
I.K. S. -Va1l Associates
Orrrrr-A,
David H. Pee1, AIA
Peel/Waren Archltec ts
cc: I{r. Keith J. Poneroy I{r. Leroy Tobler
6,* ,//l itt*,/h(-. , / .,r7 taz.,uuzb u&ufi- Zt, PtdF ra (/t-- Z
.-''a , -r / L A' ttr / t z1 .a
7E "* i 4 /,,t "/z,r;;4 ; il;hq,7r, adl,4t unZa),in/a*-1- St;"fu/ ',/L2
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Uppen Elel.e Vnusv
WATER ANO SANITATION DISTRICTS
846 FoREST ROAD . V lt, Co|ORADo 41657
(303) 476.7t80
August 27, 1984
Mr. Peter Patten
Town of Vail
75 South Frontage Road vail, co 81657
Dear Mr. Patten:
SUBJECT: VAIL WOODS SUBDIVTSION
After reviewing the proposal on this project, I have the following comments:
I. Individual water and sewer service lines for each building are required.2. District water or seyrer main lines may be extended to shorten service l ines ,
Individual services for each building are reguired per District rules and regulations.
If you have any other questions, please let me know.
S incerely ,
UPPER EAGLE VALLEY SANITATION
DTSTRTCT
T";t /^J
David Krenek, P.E,
Technical Director
DK: rls
N\ paRTtcrparrr. DrsT'rcrs - aRRowHEAD METR' warER. avoN METR. warER a BEAVER CREEK METR. warER a BERR' .REEK MEtRo /G\
O\
wArER ' EAGLE''A'|L MErRo warER '€::::::J:T::T:,1'J.'::in"-".:'":::Tr upp-ER EAGLE vaLLEv saN'a'oN ' vA'!L
@
Planning and Environmental Commission
August 27, l9g4
2:00 pm Site visits
3:00 pn Publ ic hear.ing
l. Approval of minutes of August .|3, l9g4
2. A request for a rear setback variance in order to construct a garage on Lot 3' Btock 1, Gore creek subdivision. -nppii.inti- niir,u"i-biiiing
3' Request for an amendment to special Development District #ll, Highland Park, to subdivide 9.5 acres it ttre southwbst iorner or ilre nigniJnJ -
Meadows. Appl.icant: r.K.s. vait Asioii;t;;- -- -'
4' A request for exterior alteration in CCI and for a conditional use permit to remove two condominiums in the.A-&-D euiraing it-iquo" sioie euiriiil)and to modify the floodplain on Mill Creel.Applicant: RTS Capital' Services, Inc.
5. Request to modify.a frood plain on the stephens property in vail Intermountain Subdivision.' Applicant: ni'5iephlns"
6' Request for a conditional use permit in order to have a sidewalk sale from september.r5.through septimber tz, igaa tri-riont or ilr" eu;ger'-King,Restaurant at the Crossi'oads Shopping-cenier'il rqs Meadow Drive.Applicant: The Camera Shop at Crossroads
7. Request-for a side setback,variance to construct a garage on Lot 26,Resubdivision.of Buffer creek. npptiiani:--i;;;nin; Erickson - --.
AWHORIZATIO{
The underslgned hereby authorlzes Barry pernut to execute rry
rppllcatlons, plat, or any other related documents ln conncction
wlth the replatting rnd amendrent of the sDD for vall $oods rnd/or
Hlghland Park ln Vall, Colorado,
I.K.S. VAIL
TO BE TABLED
fnlns and Environmental commisf
August .|3,
1984
ll:00 a.m. site visits and work session on vail woods (Highland park)
12:30 p.m. Public Hear.ing
1. Approval of minutes of Ju'ly 23 meeting.
2. Request for a setback variance and a concurrent density control variance in order to enclose an existing first f1oor dick area with glass on unit 12, vail Rowhouses at 303 East Gore creek Drive.Appl'icant: Robert Gal vi n
3. A request for side and front setback variances to construct a garage and to enclose an area underneath a deck on Lot .|2, Blocli 1, v;i'l "-
Village 6th Filing. Applicant: Richard Heller
4. Request for exterior alterations and for a conditional use permit for the sitzmark Lodge in order to develop commercial space'south of the lodge and to put a new plaza with i swimming poot ana "JJitop garden above the commercia'l space. Applicant: Siizmark Lodge
5. Request for exterior alteration in commercial core II in order to remodel the Sunbird Lodge build'ing. Applicant: sunbird Lodge
6. A-request to amend 0rdinance 30, Series of l97l to increase the number of units allowed to be construcied at 770 potato patch 0rive, rrom -
30.pl us_an employee un,it to 36 plus an employee unit, located on Lot 6' BIock 2,nail Potato patch subdivision. App'l icant: Ed A.smith
7. A request for exterior alterations in commercial core I for the Hill Building g! Lo! L, Block 5c, vail village rst Firing to add second floor resjdential space. Applicant: BTanche C. Hiil
8. A request for accommodation unit condominium converions for the Phase II addition of the Mamiott Mark Resort at 7]5 west Lionshead . circle' special Development District 7. Applicant: M-t< corporation
9. I fqyg:! for accomrnodation unit condominium conversion of the Vail Athletic club at 352 E. Meadow Drive.- nppttianir" rne vail club
l0' A^request for a minor subdivision in order to realign the lots lines of Lot 6, Block 5, Vail Village'lst Filing, which c6ntiins tne slifer Build'ing. Applicants:- Rodney E. 5iiter and John McBride
l:l . A request for a front and side setback variance in order to construct a garage on Lot ll' Block c, vail das schone. Applicant: Travis e"itt"v
12- A request, for a rear setback variance in order to construct a garage on Lot 3, Btock t, Gore creek subdivision. nppiicint: - iicnird oiiiing
Otnn and Environmental Commisf "
August 13, l9B4
I I :00 a.n.
l2:30 p.m.
t.
2.
Site visits and work session on Vail Woods (Highland park)
Publ ic Hearing
Approval of minutes of July 23 meeting.
Request for a setback variance and a concurrent density control variance in order to enclose an existing first floor dLck area with glass on Unit 12, Vail Rowhouses at 303 East Gore Creek Drive.
Appl icant: Robert Galvin
3. A request for side and front setback variances to construct a garage and to enclose an area underneath a deck on Lot .|2, gloci l, v;il "-
Village 6th Fif ing. App'licant: Richard HetIer
4. Request for exterior alterations and for a conditional use permit for the sitzmark Lodge in order-to develop commercial space'south of the lodge and to put a new plaza with h swimming pooi ina-iooitop garden above the commercia'l space. Applicant: Siizmark Lodge
5. Request for exterior alteration in commercial core II in order to remodel the sunbird Lodge bujlding. Applicant: Sunbird Lodge
6. A^request to amend Ordinance 30, series of 1977 to increase the number of units al'lowed to be constructed at 770 potato patctr Drive, from
30. p'l us_an 9mg'l oyeg_unit to 36 plus an employee unit, 'located on Lot 6, Block 2,nail potato patbh subdiviiio;. Applicant: Ed A.smith
7. A request for exterior a] terations in commercial core I for the Hill Bui'lding gn Lot L, Block 5c, vail village lst Filing to add second floor residential space. Applicant: BTanche C. HiTl
8. A request for accommodation unit condominium converions for the '. lllu.g II addition of the Mamiott Mark Resort at 715 west Lionshead circle, specia't Development District 7. Appri-int:-u-[ corpoialion
9' I rcqy.l! for acconrnodation unit condominium conversion of the vail Athtetic ctub at 352 E. Meadow Drive.- Appii;ilii" rn" vai't c'tub
10. A-request for a minor subdivision in order to realign the lots lines gI L_ot 6, Block 5,-Vait Vitlage tst Filing, whiih c6ntiins ttre slifer Bui'tding. Applicants:- Rodney r. 5itrer and John McBride
l';l . A request for a front and side setback variance in order to construct a garage on Lot ll' Block c, vail das Schone. ,Applicant: Travis oeirtey
12. A requesi for a rear setback variance in order to construct a garage on Lot 3, Block '1, Gore creek subdivision. -Appiicinl,- niirrird-oiiiing
TO BE TABLED
Date of appriJo.,
APPLICATION FORM FOR SPECIA], DEVELOPMENT
DISTRICT DEITELOPMENT PLAI{
r- This procedure is required for any project that wourd, go through the Special Development District Frocedure.
The application will not be accepted until all information is submitted.
A. NAI,IE OF APPLICANT I.K.S. Vail Associaies, c/o Keith J. pone
ADDRESS 31805 l,tiddlebeIt Roaci. Suite 3O5 gton Hi11s,
B. NAME OF
.- ADDRESS
APPLICAI.IT I S REPRESENTATM
3773 Che eek Drive irlor Denver, CO gO20g
C. AUTHORIZATION OF attached
c/o Berehbaum & l{einshienfi
PHONE 303-388-O8OO
P H oNE__3_19 _95-1 _540 o_
PROPERTY OI,{NER ?I JL4's.J\-v1
See
( iJ ar Permut
approval letters.
for Keith J. Pomero SIGNATURE
ADDRESS as above PHONE as above
D.LOCATION OF PROPOSAI
ADDRESS
LEGAL DESCRTPTION Hiehland I,ieadows. Lots 26
FEE $roo.o0 nno /t ?/N ,/,6 J, //d{ 4"r.t-tut+ />Y
A List of the name of owners of at1 property adjacent to the Subject property and their miling a.ddresse!.
II. Four (4) copies of the following information:. A. Detailed written/graptric description of proposal .B. An environmental impact report sndfi'UJ-iubmitted to the zoning administrator in accordance with Chapter 18.56 hereof unless wiived by Section 18.5G.030, exempt projectl;
I
C. An open sPace and recreational plan sufficient to meet the demands generated by the development without undue burden on available or proposed public facilities;
E.
F.
3L & 33 Highland Park, Filing One, Lots 94, 95, 36 & 3t
(0vER)
t.!r Application foflecial Development Distrll Development PIan
Existing contours having contour feet if the average slope of the or with contour intervals of not slope of the site is greater than
1'proposed site plan, at a scale not smalrer than one inch eguars fifty feet, showing the approxirnate locations and dimensions of all- buildings and structures, uses therein, and arl principal site development features, such as landscaped areas, recieatioiral facili-ties, pedestrian pLazas and walkways, service entries, d.riveways,and off-street parking and l-oading areas with proposed contouri after grading and site development;
A preliminary randscape plan, at a scale not smarler than one inch eguals fifty feet, showing existing landscape features to be retained or removed, and shouiing proposed landscaping and landscaped site development features, such as outdoor recreitional facil]_ties,bicycre paths, trails, pedestrian plazas and walkways, hrater ieatures,and ottrer elements;
Preliminary building elevations, sections, and froor plans, at:.a scale not smalrer than one-eighth eguals one foot, in sufficientl detail to determine floor area, gross residential floor area, steHor circulation, locations of uses within buil-dings, and the general scale and appearance of the proposed development.
III.' Time Requirements
The--Planning and Environmental_ Commission meets Mondays of each month. An application with the material must be submitted. four weeks prior to
NOTE: It is recornrnended that before a special development district application is subnitted, a review and conment meeting shoutd be set up wiih the Departrnent of Connunity Devel opment..
D.
E.
F.
G.
intervals of not more than site is threnty percent or
rnore than ten feet if the twenty percent.
five less,
avera9e
on the 2nd and 4th
necessary accompanying the date of the meeting.
!'
-APPLICATION FOR
MAJOR SUBDIVISION REVIEW
(more than 4 lots)
I.K.S. Vail Associates A.APPL ICANT
ADDRE SS
PH0NE313-8s1-s400
?nq
c/o Keith J. Pomeroy
318O5 i'liddlebelt Road. Suite
B.
NAME OF
MA IL iNG
NAME OF
MAILING
NAME OF
OWNER'S
MAILING
armington ililIs, i.il 48O18
APPLICANT'S REPRESENTATIVE Barry Permut c/o tserenbaun & 'r,Ieinshienk
PHONE3 03 -3 88-O800
I.K.S. Vail Associates
PR0PERTY 0WNER (print or type) See attached approvat letters.c.
,.---\
SIGNATURE - llo-^-^-__ /_"-..-..-^-.*''- -
PH0NE as_gleve (Bamy Permut for Keith J. pomeroyf
ADDRESS as above
D. L0CATI0N 0F PR0P0SAL Vai1, Colorado
- 26, 27, 29, 29,
L0TS 30. 1, & 33 BL0CKS-aft-SUBDIVISI0N Hishtana l4eaoows
BL0CKS n/a SUBDIVISION tiiehland park,
FiJ-ing One
L0TS s+. ss, 36. & 37
E. FEE $r 00.00 PAI D
H. SUBMITTAL REQUIREMENTS, APPROVAL PROCESS, REVIEt,l CRITERIA
Submittal reguirements, review criteria and the approval process for major
subdivisions can be found in Chapter 17.'15 of the Subdivision Regulatjons.
F.CONSULTATION REQUIRED
The first step 'is to request a meeting with the zoning administrator to assist in meeting submitta'l requirements and give the proposil a prel iminary review.
INCLUDE a'list of a'l'l adjacent property owners and their mailing addresses.G.
ADDRESS 3773 Cheruy Creek Drive lilortir ' Suite B8o, Denveil-Ed eo2o9
dovid m. peel
kothy worren
orchitects
2588 oroso dr.po. box 3370
voil. co, 81658
3c3.476.45c,6
July 16, 1984
Toi.rn of Vail
75 South Frontage Road
Vai1, Coloracio 81657
RE: Vail lioocis Subdj-vision Prelininary Plan
flon-'l
Xnclosed is the application for revision of Special Develop-
r,rent Disirict 11 and esiabtishment of an aciditional special
Cevelopnent ciistric t as pertains to eleven lots located in the
iiighlanc iieadows Subdivision.
The eleven lots r"rhich are the subject of ihls application are
currently a part of SDD l-l- established i-n L98l by Sun Tech
tsuildels, Inc. As you knott, Sun Tech iuilders proceecred to
develop six lots of the original sevenieen and thereafter
flleC for.banl<ruirtcy. I.K.S. Vail hssociates j-s norv ihe oi';ner..
of the renaining eleven 1ots. As a result of Sun Tech Builders
business failure, the clevelopment plan contenplaied forthe
entire seventeen lots is no longer feasible. I.ii.S- Vail Asso-
ci.ates desires to remove the eleven remaining lots rthich it
or'rns from SDD 11 and create a nei.I spec ial developnent di'stric t
vhich rvould apply to these 1ots.
The airplication fo:'the SDD and the proposed forn of the ordin-
ance tal:e inio accouni the Tot'rn of Vailts concern ioriard the
geotechnlc aI pr.oblens encountered rn the iti5hland IleaCol'rs Sub-
divlsron.
It is proposecl ihat the e>:isting eleven lots be resubdivicied
into lots trhicli beiter cdnform to the topography and geologi-c
features of the property. The resubdivr sion r'ri1l- result in
eleven 1o.ts and tr.renty-tr-.'o ch,rellj-ng uni-is as 11as conienplated
for this area by tne original SDD.
Protective covenents','ri11 ce adopted prior to the sale of any
Lot. ?hese covenents r'rill requlre each lot or'"ner to obtain
the approval of an archi';eciural control connittee (ACC) estac-
Iished by the cleve-1oper bef ore a.ni' consiruc tion is perniiited
on ihe lots. ?he ACC trill aCopt a <iesign manual prepared cy
Vail ttroods Subdivision
Prel-iminarv Plan Subnittal
SUtsJ.IITTAL LETTER
APPLICATION
Appli.cation Form for Special Development District
Development Plan
Appl-ication for i{ajor SubCivision Revier'r
Approval Letters from Property Owners
List of Adjacent Property Owners
PROJECT
Viclnity and Zoning I'Iap
Project Descrlption
Proposed Ordi-nance
EIR & GEOTECH
Environmental Impact Report Requirement
Geotechnical and Geological Study
DRAIi{AGE, UTILITIES
Drainage Study
Utility Service Verification
UI'IDER SEPARATS COVER
Preliminary Plat; Topographic Survey and Site Plan
Preliminary P1at; Utility, Gradi.ng and Drainage
Preliminary Access, Parklng and Building Envelope
Architectural Site Plan
Preliminary Architectural Site Sections Utilizing
Theoretical Duplex i'Iodel
; lheoretical Duplex Plans and Sections
o
o
HelLrnsmtN,Hrlunste lN AND SHoRE, P. c.
LOUIS A. HELLERSTEIN
STEPHEN A. HELLERSTEIN
MARTIN H. SHORE
CH RISTIAN CARL ONSAGER
JANICE HOFMANN CLARK
MARTA J. FLORA
EDWARD P, O'BRIEN
MARTI R. BAREN
C H RISTINA A. FIFLIS
BEVERLY L. RUTE NAECK
JOHN M. WIEGANO
MJF/Jd
AITORNEYS AT LAW
II39 DELAWARE STREET
P. O. BOX 5637
OENVER. COLORADO A02I7
July 13, 1984
TELEPHONE
(3O3) 573 -tOAO
TELECOPIER
t303t 57t-lz7l
Mr. Keith Pomeroy
I.K.S. Vail Assoeiates
31805 Middlebelt Road, Suite 305
Farmirgton Hills, Midtigan 48018
Dear Mr. Pomeroy:
Please be advised that the rm&rsigned has reviewed the proposed
amendment to the speeial development distriet of Higtiland Part<, known as VaiI Woods,
dated July 13, 1984.
Tte undersigned would like to see the town of Vail eorsider Vail Woodst
reserving the right to approve or disapprove the final plat. Nothing in this letter shall be
comtrued as an agreement to substitute any real property for that described in the
existing deed of trust held by the Estate of Daniel Segal
Very truly yours,
HELLERSTEIN,HELLERSTEIN AND SHORE, P.C.
1La-^
Maria J. Flora
Attorney for R
the Estate of D Segal
Segal,Personal Representative of
.ff ryd**?@
July 13, 1984
Mr. Keith Pomeroy
I.K.S. Vail Associates
31805 Midd]ebelt Road
Suite 305
Farmington Hi'lls, MI 48018
Dear Mr. Pomeroy:
P'lease be advised that High Country
amendment to the Special Deve'lopment
Vail Woods, dated July 13, 1984.
Corporation has reviewed the proposed
District for Highland Park, known as
High Country Corporation approves the revised site plan as drawn. However'
High Country Corporation, by signing this letter does not prejudice their
security in Lots 26,27,28 of Highland Park as contained in their First
Deed of Trust covering the above-mentioned 'lots. High Country Corporation
would like to see the Town of Vail approve this pl an.
Since
/i7 /-.t)
Nil
Treas
/
r6g0 LtNcoLN DENVER. COLORADO !O295 13031 aCl-llCl
July 13, 1984
Mr. Keith Pomeroy
I.K.S. ValI Associatee :
31805 I'liddlebelt Road Sulte.305
Farmlngton Hl11s, MI 4E0l.E
DeEr Mr. Pomeroy:
Please be advieed that the undersigned hes revlerred the proposed
amendment to the epectal development dietrict of Hlghland Park,
known as Vall Woods, dated July 13, 1984-
The undersigned would like to see the town of Vall approve Vail lfoode.
A.E. & W.R. Schmidt
.feao /a427fi:/4 'ed sqrT< t Fb
/er?e ot oa,d Ca/a ea.Ja la z/t-
July 13, 1984
Mr. Keith Poneroy
I.K.S. Vail Aseoc iatee
31805 Middlebelr Road
Suite 305
Farmington llills, MI 48018
Dear Mr. Pomeroy:
Pleaae be advieed that the unders igned has revlewed' the
proposed amendment to the Speclal Development Dietrlct
for Hlghlard Park, known es Vail Woods, dated July 13, 1984,
deecrlbed as Site PIan. VaiI Nattonal Bank will approve the : '
revlsed plan nith the condltlon our collateral value wlll
remeln at least $125r000.
If you have any queetions, please do not heeltate to contact
me.
Youre very truly,
./. ./\ / ,.,.d'n I) r&*4&ttz't vl
Liea D. Sackbauer
Vice Pree ldent
o
-5.
-
Val1 Woods Subdlvlsion
List of Ad.iacent Property Or,rners
Eagle County Tract A
Spectrum Group, Inc.(lfest VatI Devel.oprnent Assoclates)
2077 North Frontage Road
Vall, CO 81657
' Robert A. Taylor
c/o Janes R. l.{clean
313 South Howard Ave., Suite 2O4
Tampa, FL 33606
ELllott Ranch, Lot 3
Judi A. Gray
. c/o Jessie L. Edeen
P.O. Box 1711
Vail, CO 81658
Highland Park Torvnhomes
Western Federal Savings
c/o David D. NowLin
P.O. Box 58OZ T.A.
Denver, CO AO2L7
Highland I'Ieadorvs Common Open Space Tract C
Paul T. Van ltirkle
2077 Notth Frontag'e Road West
Vai1, CO 81657'
National Forest
U.S. Forest Service
Hol-y Cross Ranger Dlstrlct
P.O. Box 19O I'ttnturn, Co 81645
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OITDINANCE NO.
(sERrES OF 1984)
AN..ORDINANCE APPROVING AT{ AUENDI'{ENT TO ORDINANCE NO.
25 (SERIES OF 1981) CREATING SPECIAL DEVELOPMENT
DISTRICT ]I AND APPROVING A SPECIAL DEVELOPMENT
DrsTRrcr (KNovlN AS SDD _) UNDER DEVELoPT'1ENT PLAN
THEREOF IN ACCORDANCE WTTH CHAPTER T8.40 OF THE VAIL
I',IUNICIPAL CODE.
WHEREAS. Chapter 18.40 of the VaiI Municipal Code
authorizes speciai dev-elopment districts within the Town of
VaiI.
WHEREAS, oD
-'
I98I, the Town of VaiI
passed Ordinance No. 26 apFr&Tng a Special Develop.ment District
i<nown as SDD lI pertainin!-to lols 26 through 42, inclusive,
Highland lileadows.
WIIEREAS, IKS-Vail Associates, a l'lichigan partnershipt
is the owner of Lots 26,27,28,29r 30r 31 and 33' Highland
Meadows, and Lots 34, 35, 36 and 37, Highland Park Filing No. 1,
all of which are currently subject to sDD Il.
WHEREAS, IKS-Vail Associates desj.res to amend SDD lI
by deleting the lots it owns from such Special DeveloPment
District and creating a new Special Development District to
apply to said lots.
WHEREAS, the Town Council considers it to be
reasonable, aPProPriate and beneficial to the Town and its
citizens ana rrluitants and visitors to so amend sDD 1l and'to
establish SDD _-
NOW THEREFORE' be it ordained by the Town Council of
the Town of Vai.l., Colorado, as folLows:
Section I.
18.40 of the 'FEil uun:.cipal Code have been fuLfilled and the
Town CounciJ- has received a report of the Planning Commission
reconmending amendment of SDD Il, and approval of the Development
PIan for SDD
. Amendment to SDD l.L. Special Development Section 2
District lI be and following described
hereby is arnended by
lots:
deleting therefrom the
Lots 26, 27, 28, 29, 30, 3I and 33
Highland Meadows, and
LoLs 34, 35, 36 and 3?, Highland Park Filing No. I'
aII according to recorded plats thereof
Section 3.
( sDD Established. Special Development District (SDD
-Efe -DEvelopment PIan therefoi are hereby appf6Ted-for thE-
development of the above described lots within the Town of
VaiL.
) and
,
Section 4. Development PIan.
a. tn" *"il* for sDD
-
is aPProved
and shall constitute the plan for Development wiShin the Special
District. The DeveloPment Plan consists of the fo.Llowing docu-
rnent s :
(1) Preli.minary Plat; Topographic Survey
and Site Plan dated July 13, 1984.
(2) Preliminary Plat; Utility' Grading and
Drainage dated July 13, 1984.
b. The DeveLoPnent PIan for SDD shall consist
of deveLoping the entire property as a residentillf community
containing not more than 22 residential dwelling units but not
more than two units on any one Lot. If a duplex building is
constructed on a lot, that lot rnay be subdivided in accordance
with Planning Department Regulations but thereafter each sub-
divided lot nay contain only one dwelling unit.
. c. Prior to commencement of construction of any
building improvements on the proPert,y, the public streets and
subsurflce drainage as shown in the rePort of Engineering and
Technical. Consu.Itants, Inc. shall, be completed.
d. UPon apProval of this Ordinance, the ProPerty
may be replatted under the titl,e VaiI Woods Subdivision, a
resubdivision of a portion of Highland Park Subdivision and
HighJ.and Meadows Subdivision. The PIat shal'l include the
dimensions of each fot.
Section 5. Covenants. Prior to the sale of any of
the deve-Loper shal I the above described IoE-silEFt to sDD
inpose upon all of the lots, covenants 'and easernents which provider among other
6Td itions, resErictions things, the following:
a. For the establishment of an architectural
control committee (ACC) to review proposed building Plans to
determi.ne if such plans conform to engineering recommendations.
b. The ACC shall adopt a design manual for
building founoation construction baseO upon the recommendations
of Engineering and Technical Consultants, fnc. to be complj.ed
with by ea6h lot owner. Prior to the issuance of a building
pernit, plans and specifications for the improvements shall be
submitted to the ACC for approval , which approval will' not be
granted unless the plans and specifications contain the
certj.fication of a professional engineer to the effect that the
plarrs and specifications conform to the design manuaL.
c. Easements shall be created for common drives
and ways and utilities which may be nai.ntained either by the lot
owners or an association of lot or.tners.
d. AII lot owners wil.I be required to comply
with Town of Vail Design Review Board regulations as weLl as
building code requirements.
e. During construction of building improvements,
aII trees must be clearly rnarked to show the trees to remain,
and the construction area may not extend beyond twenty feet from
foundations. AlL foundation locations must be staked.
-2-
b.
permitted in the
use permit.
it ies.
Section 6. DeveloPment Procedure. Prior to the
conmencement of constr@ents on any lots,
the foLlowing shalL occur.
a. The improvements shall have received the
approval of ttre oesign Review Board ('DRB") and the plans
approved by the oRB shal.I be part of the development plan-
b. The inprovements shafl have received the
approval of the architectura.I control comrnittee established
pursuant to the covenants. Approval thereof shall constitute
compliance with ordinance 29, Series of 1982.
c. Building Permits for the proposed improve-
ments shall. be obtained based uPon comPliance with tbe Town of
Vail Building Code and Fire Code.
Amenclments to the Development PLan shatl be in accordance wieh
subsection I8.40.040(d).
Section 7.Pernitted Uses.
a. The folLowing uses shall be pernitted in
SDD _ District.
(f) Single family residential dwellings.
(2') Two family residential dwellings.
The following conditional uses sba.Il be
District subject to issuance of a conditional
(I) PubIic utility. and PubIic service uses.
(2) Public buildings, grounds and facil-
(3) Publ,ic or private schools.
(4) Public park and recreational facil-
ities.
i c. The following accessory uses shall be per-
mitted in the District.
(I) Private greenhouses, tool sheds, PlaY-
houses, garages or carPorts, swimming pools, patios or
rec-.5eational f acil ities customary incidental to a single family
and two family residential use.
(2't Home occupations, subject to issuance of
a home occupation permit in accordance with the provisions of
Sections 18.58.f30 through 18.58.190.
(3) Other uses customarily incidental
accessory to permitted or conditional uses, and necessary
the operation thereof.
Section 8. Development Standard,s.
a. Lot area. Each lot shall contain not fess
than one and not more than two residential dwelling units and
and
for
-3-
appurtenant garages provided that not nore than 22 residential
dwelling units nay be constructed on the ProPerty.
b. Setbackg. There shall be no front, rear or
side setbacks.
c. Height. 39.5 feet fro:n average grade'
Section 9. Environrnentgl-RePo5g,. The Environmental
Report dated'Juf.y 16,-@
Section I0. SeverabiLity. If any provision of this
ChapteroranyruIeorregffiromul9atedhereunderorits appiication t6 any person or circulnsgances is held invalid, such
iiriafidity shall -no-t affect other provisions or applications of
the chapter or-of the rules and regulations promulgated_there-
under. -The Council hereby declarei that in these regards the
provisions of this Article and the ruLeE and regulations Prom-
ulgated thereunder are severable
l
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tncr-Ecounryo
551 Broadway
Eagle,Colorado 81631
(3o3) 328:t3tr
DRA?T
-''-'-
July 18, 1989
l,lr. Tim Garton
Kel ton/Garton/Kendal I
P. 0. Box 705
Vai'|, C0 81658
RE: Lots 26, 27, 28, 29, 30, 31 - Highland
L0ts 33, 34, 35, 36, 37 - Highland Park
Dear lilr. Garton,
Eagle County wi'l 'l issue a building permit when construction drawings
are in conformance with Eagle County Building Codes and receipt of a Site
Specific Requirements Design Report in accordance with Dr. Charles Robinson's
Geotechnical Site Specific Design Requirements is in the office.. Engineered
foundations that comp'ly with the site specific design report will be required.
Si ncerely,
Gerald Best,
Building Official
GB/en xc: Sid Fox
Files.' ...:.:J.
Trgarucn
P.O. Box 479
Eadr, Colcrdo 81631
Meadows Subdiv'lsion
Subdi vi s ion
Bolrd oC Couaty Conirdonar Asrror
P.O. Bor 85O P,O. Bor tl49
Edr, Colorado 8f$l EaS, Colcado 81631
' --':Y'" ', ,.'
-. .. . tu.;i&# :ttt:H4b8.-*t..
Ocrk and Rccorder
P.O. Box 537
Eagle, Colorado 81631
Sherilt
P.O. Box 359
Ea$e, Colorado 81631
.,.aJ- rt..1.1 ait
l2l8 Ralston Rqd, *G]B Arvada, ColoradoWl (w)43l.OW
JuIy 6, 1989
Fir. Gerald Best
Eagle County BuiLding Official P.O. Box I79
Eagle County, CO 81631
Dear lir. Best:
IKS vail Associates has subnitted the attached additional geotechnical report for the foJ.lowing lots: (see attached nap)
Lots 26, 27, 28, 29r 30, 3lr Highland Headows Subdivision Lots 33r 34r 35t 36 I 37 Eighland park Subdivision
llineral Systensr fnc. rs geotechnical report consolidates a1l geotechnical informatlon regarding said lots that has been previously generated additional inforraation in this report including conputer analysls for full build out and additional test hole logs. Ulneral Systens Site Specific Design
Requirenrents should be utilized for each building pernit application in Eagle County for each of the said lots.
Attacheci is a draft letter to IKS Vail Aesociates fron you vhich they are desiroue of recelving. The letter is baEically tbe sane
as your letter dated l,larch L2, 1987. The only difference ls the adoption of Dr. Robinson of lrlineral Systems, Inc. rs g€otechnical report <iated JuIy 15r 1989 to to be the governing geotechnical requirenents for said lots.
Since this matter has been under consideration now for two years
a timely response is desired.
Sincerely yours,
jp
Enclosu re:
copy:
Copy 3-12-87 Letter Draft letter
l{r. Pomeroy lir. Garton I'.r. toy. /lir. Fritze
Acting County Attorney
RECEIVED
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SUHHINI NEPONT
EXGITIEERIIIG GEOLOGI
Hlghland l{eadows
Hlghland Park
Lots
Ildsr
Sunmary Report Charles S. Roblnson, phD, pE
Bed Rock Topo Hap and Test Hole Locatlon
Slope Stablllty Analysls
Ground l{ater Elevatlons 1988
Ground tlater Elevatlons
TES Hole Logs llovenber, 198?
CTL Thonpson Test Hole Logs August 6, 1983 Test Hole Logs July ? - JuIy 14, .|983
5265 Mclntyre O Golden, CO 80403 o 303 279-3136
July 15, 1988
ltr. Keith Poneroy.
IKS VaiI Associates
380 Nort,h Woodward, No. 175
Bi rninghamf ltl 49008
Through: Leroy Tobler, Contra, Ltd.
Dear llr. poneroy:
In conjunction with our current discussions with the Eagle county Plannir-tg conmission staff rerated to the zoning of thi proposed Highland Irleadows developnent, I have revlewed atI the geologic and-geotechnical report.i (starting with one prepared in 1977 by Charles S. Robinson s Associates) on the ttighiani tteadows and adjacent areas in the fites of Contra, Ltd ., of-Arvada,Colorado. The consensus of opinions in all t.hese reports r{as that the Highland Meador^'s arel is presently.stable, ind that the area can be deveroped with site specific engineering with the emphasis on the establishrnent and-naintenance of gr6und water and surface drainage.
To summarize the engineering geology of the Highland lleadows area. The area is on the south side of Gore Creek in the SE L,/4,Sec. 12, T. 5S, R. 8lw. the area is typical of a high nountain valley in the colorado nocky ltountainsl- The bedrockl which is not exposed in the area, is-the ninturn Fornation of Pennsylvanian age. Based on outcrops in the surrounding area,and regional napping, the bedrock c6nsists of reddish-biown sandstone and conglorneratic sandstone and thin interbedded siltstone or shale. The bedrock units dip to the north or northeast at about 10 degrees. The bedroik will not be involved in the developnent of the area.
-------9ve-rffitre-lredro'clc-a re - su rf i'c i a1 -deposi-fE;slopes, above.and along the southern boundaiy of the proposed-development, is corruviun derived frorn the weathering-of-the underlying bedrock. The colluviurn consists of angulir gravel to boulder size pieces of sandstone in a sandy, siltf, claf natrix.colluvium on the steeper sropes has a tendincy to-nove down srope, particularly when saturated, under the force of gravit,y.Betrireen the southern boundary and generally vermont Road, the-surficial deposit consists of colluvium and glacial material.
Page Two
The glacial material incorporated with the colluvium consists of
rounded gravel to boulder size material conposed prinarily of crystalline igneous or rnetasedirnentary rocks. This deposit would
appear to be colluviun that was partially noved or reworked by glacial ice that contained rocks frorn the crystalline core of the
core Range to the southeast. The relatively sharp change in
slope at and about the contact between the upper colluvial deposit and the rnixed colluvial-glacial material, represent the
upper limit of glacial effect. It is not a landslide scarp.
Along vernont Road, and prior to construction, above and below, is a slight flattening of the slope. The surflcial material in the area is predoninantly glacial fluvial and/or glacial morainal naterial. This could represent a glacial
terrace or a lateral moraine. The nraterial is cornposed predoninantly of rounded boulders, cobbles, and gravel in a sandy
matrix.
When the site was first visited in 1977, a relatively recent
slump feature was conspicuous in the middle of the cleared area
of the proposed developrnent. The slurnp'was typical of those seen
in areas that have been deforrested and on which construction activity was recent. It was a good indicator that construction
on the slope must be properly engineered. why the slope was
stripped of trees, or when, is not known, but it was probably
rel.ated to the tinbering and ranching in the area prior to
developnent of the Vail ski area. Natural reforestration has
already started on the s).ope, and the trees wiII establlsh
themselves over the entire area within a few years.
The Highland lteadows area proposed for developnent has
probably been the most investigated area of any in or around
vail. The subsurface conditions have been clearly defined by
dri11ing, collection of sarnples, laboratory analysis of sanples
and stability analyses based on the results of the laboratory
analyses. All engineering and geologic investigations and
analys.is have shown that the area can be safely developed i.f site
specific investigations are made for design of foundations and
the installation of drainage systens.
Dr. Nicolas Lanpris has expressed some concern that the
- - -.-- '.'--cas itg-ifi -+ttr€e_observat-i-o+-*e$ c-4€-i+r e d by En g i ne e r i n
Testing Consultants are not plumb. These wells were drilled in
l,larch 1984 using a lightweight skid drilling rig. The ground at
this time was frozen and covered with a couple feet or nore of
snovt. The 4 inch PVC surface casing was inplaced by forcing the
casing 4 to 6 feet into the ground using the hydraulic pressure
from the drill head., No records were made, but it would be
aLmost impossible to put the surface casing in plumb using this
method. The surficial materials-at the site include innumerable
cobbles and boulders and anything greater than 4 inches in
Page Three
diameter would.deflect the casing fron the vertical. The wells
were drilled down t.hrough the surface casing using a 2 L/4 inctr rotary bit. The surface casing probably r.tasn' t vertical, the skid rig on snow probably wasn,t vertical and so it is
questionable that the wells are vertical. It is also noted by
Engineering and Testing Consultants that it htas not possible to
fill the anulus space between the 4 inch surface casing and the I L/2 slotted Pvc. Knowing all this, it would be very surprising if anything vras vertical and without accurate surveys of the wells -- as would be done vtith a slope indlcator -- it would not
be possible to put much credence in the angles of the casing or
the slotted pipe as indicating any slope novenent.
A better indicator of any slope instability are the aspen trees in the area. Aspens are shallow rooted and are relatively fast growing. trtoving slopes cause the trees to lean downhill.
The trees as they grow try to grow'vertically. The result is
what is terrned a "pistol-butted" tree. A survey of the asPen
trees in the Highl.and Meadows area shows only a very few trees with curved lower trunks, which can also be caused by burrowing
animals and snow. These are isolated trees. Where a slope is
unstable, all the trees of an equivalent age in the unstable area
will have curved trunks.
Dr. Lanpris lras also concerned about the stability analyses
nade by Engineering and Testing Consultants, Conplete Engineering
Services and Fox Consulting Engineers. These analyses only
considered failure in the surficial nraterials above the bedrock
surface. we have nade a stability analysis using Sarna
Nonvertical,/analysis Program furnished by Golder Associates of
vancouver, B.C. This allows us to determine the safety factor
along the surficial deposit - bedrock interface. The analysis
was done using the measured levels of groundwater, and assuming
that the surficial rnaterials were cotnpletely saturated. In every
case, the safety factor against failure was greater that 1.5.
A. map that shows the bedrock elevation by contours -- a bed
rock contour nap -- to illustrate the slope of the bedrock
surface is enclosed. Frorn the laboratory analyses and the
stability analyses, and this nap. it can be seen that the
thickness of surficial materials, and the slope, or angle, of the
' -- bedrode-sttrf@te-+aus€-€a-i:u++--_-
lly conclusions f rcirn a knowledge of all the geologic and
engineering work that has been done on Highland Meadows is that
the area can safely be developed by site specific engineering
investigations for the design of the building foundations and
drainag6. Because ttle surficial deposits are poorly sorted.
granulir material, J.ocal failure will occur in steep cuts,that
ire not properly supported and drained. To assure a stable
foundation, adequate, positive drainage should be established
Page Pour
around each buildlng foundatlon.practlcee are followcd, there will
developnent of, thc area.
If thesc slnple
be no failute cnglnccrlng
hazards to thc
CSRrzkab
Enclosure
Sincere lliner y)
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box t 00
vail. colorado 81657
{303) 47e5613
I'iarch 2, 1981
department of community devetopment
T0: Plann'ing & Environnental Commjssjon
FROM: Department of Con:nunity Development
..
RE:
Upon further revier{ of the County of Eagle files and from_revie'rling mj nutes of planning and -ounty conmissioners meeting involving the original acceptance of-Highland
l.leadorrs fif ings, the folloir.rng is noted:
1) The property ol.rners stated that there had been an
arnended copy of the Protective Covenants fi'led on both Filing #7 and i?
Staff findings: Upon research by Land Tiile it
vras farnd that there rlas an ainenc,irnent fi'led and recorded on Filing #1 on August 17, i978.' Copy of amendment attached. Land Ti'ules search shovred no Dew covenants recorded on Filing #2.
2) lrle requested copies of all county conrnissioners neetino ninutes 1o they cou'ld be revielved for any informatjon that might^help in determining what rvas ipproved. Upon research of the nrinutes vre found on]y that High)and itiaows subdivision uas_apDt-oved on l,lovr.nbei29, lg7g as a p.U.O.,-
but the final olat r,rould not be signed by ihe County uni.ii the Improvenent A-creements-rvere signed ly ttre Count! and the applicant. Subsequentiy, this agr-eement was sl-gneJ.
The Staff has conpiled.an analysis of the .tot sizes and nuraber of each, analys.i s of C.R.F.A. by1ot size (rnJei prirar_v/secondary zone requirements).
a
HIGHLAND I4EADOWS
Number of Lots
Fi'f ing #L - 42
Filing i2 - 32
- 2 duplex units under construction
iHiohland }leadovrs Lot Sizes
Meador{s:@
Lot Size
Lots jn Highland Meadows range in size from 14,810
77,872 square feet.
at this time
Nilmber of Lots
square.feet to
1. High'l and
Lot-Size
Under 15,000 square feet
14,000 - 16,000 square feet
16,000 - 18,000 square feet
18,000 - 20,000 square feet
20,000 - 22,000 square feet
22,OOO - 24,000 square feet
24,000 - 26,000 square feet
25,000 - 28,000 square feet
28,000 - 30,000 square feet
30,000 - 32,000 square feet
32,000 - 34,000 square feet
34,000 - 36,000 square feet
35,000 - 38,000 square feet
38,000 - 40,000 square feet
0ver 40,000 square feet
4
5
7
3 I
3
?
1
2
?
0
3
2
2
5
2-Highland Meadows
Lot Size
TOTAL
Fi'ling #2 -
42
(32 lots)
Number of Lots
Under 15,000 square feet
14,000 - 16,000 square feet
16,000 - 18,000 square feet
.18,000 - 20,000 square feet
20,000 - 22,000 square feet
22,OOO - 24,000 square feet
24,OOO - 26,000 square feet
25,000 - 28,000 square feet
28,000 - 30,000 square feet
30,000 - 32,000 square feet
32,000 - 34,000 sguare feet
34,000 - 36,000 square feet
36,000 - 38,000 square feet
38,000 - 40,000 square feet
Over 40,000 square feet
0
0
4
3
4
0
2
4
2
4 t
2
5 I
?
TOTI:L
Pri.urai:'/ Sec o!9arY- bns
;-:#-'20,000
:
'I I 2s,000 _'r - --
30,000
35,000
PrimarY
SecondarY -
PrimarY
SecondarY
PrimarY
SecondarY
PrimarY
SecondarY
Pri marY
SecondarY
PrimarY
SecondalY
PrimarY
SecondarY
2334 square feet
1166 square feet
3500 square feet
2500 sq.ft.
1250 sq.ft.
3750 sq.ft.
2567 sq.ft.
1283 sq.ft.
3850 sq.ft.
2834 sq.ft;
1416 sq.ft.
4!50 sq.ft.
21'----\'l EtoT 3q.ft.Lf5st sq . ft.
,t5t *fa
3500 sq.ft.
1750 sq.ft-
5250 sq.ft.
3667 sq.ft.
1833 sq-ft-
60140 SPlit
2100 sq-ft-
1400 sq.ft-
3500 sq'ft.
2250 sq-ft.
1500 sq.ft.
3750 sq.ft.
2310 sq.ft-
1540 sq.ft.
3850 sq.ft.
'\ 2550 sq. ft .
'---- I700 sq.ft-
4 250-{q. ft.
"r-- 't
d'i-stb ed.rt.1,,*t*qF.*.
'.t-.+z/o sq.ft.
3150 sq.ft.
2100 sq.ft.
5250 sq.ft.
3300 sq.ft.
2200 sq.ft.
5500 sq.ft.
3450 sq.ft.
2300 sq.ft.
5750 sq.ft.
The Gross Rds'i dentl al
Lot Size
14,000
15,000
16,oo0
Floor Area breal'.dovrn for lrts uruld Le;
Flrrr Area
40,000
The floor area
(50/50) vrould
each unit-
PrimarY
SecondarY
5500 sq.ft.
3834 sq.ft.
1916 sq-ft.
5750 sq.ft.
breal:dor','n for
be simPlY one
these 'lots zoned as
half the total f'loor
straiqht duP'lex units
a.ea ihotrn allov.'ed for
L
EXAI.'PLES OF LOTS l}i H]GHLAI'ID MEADOWS:
Lot Size: 2L,344
AllowablL Floor Area:
Prinary/SecondarY
Prinary Unit - 2926
Secondary Unit - 1461
Lot Size: 43,560l. sq.ft.
Allowable Floor area: 5928
Prinary/Secondlary
Primary Unit - 3952
Secondary Unit - 1976
4384 sq.ft.
" 60/40
2631
1753
sq ft
60/40
3557
237L
s0/s0
2192
2t92
l.Hiqh]and Fleadorvs Filing #1 - (42'lots)
(ai Number of 'lots under 22,600 sq'ft' -
iUi t'lumUer of lots above 22,600 sq.ft. -(.i SSf of the developed 'lots would have - unit be'low 1500 sq.ft.
LOT SIZE ANALYSIS
s0/s0
2964
2964
secondary
l6
?6
a
2. Hiqh'land I'leadows Filing #2 - (3
(al l{umber of 'lots under 22,600
(U) numUer of lots above 22'600
(c) 37.57' of the develoPed 'lots
un'i t under 1500 so - ft-
2 'lots )sq.ft. - 12
sq.ft. - 20
wou'ld have a secondarY
/-Lot 40 - Resubdivision of Buffer Creek
t
Lot Size:i'
County Zcine:
Proposed
Den sit ies
LDI-|F -
}IDIIF -
HDMF -
35,700
RSM -S.5 units/acre
r.roul d have al lowecl
Zone Residential
would
allowed under other
9 units,/acre
would al1ow 7 units
l8 units/acre
uould allow 14 tmits
25 units/acre
r'ould allow 20 units
Cluster (RC) - 6 writs./acre
allow 4.9 units
zones:
02265
the orvner of that certain real.
Vaill County of Eagle, State of
A attached hereto ( "Property" );
ItHEREAS, Declarant is
property located in the Tolrn <>f
Coloraclo. describec! on Exhil-ri t
and
(b)
Owners Association,
(c)
the Association;
(d )
"Parking Enve lope n
on Exhibit t].
DEcLARArro" /l/nli- W oltDrTrolts, RESTRTcTT()lls' -,.-..,../covErrArrrs' ffi"l"lll;l13,i"lutt*rcrrorrs l"t'-Z ry
l'oR t' " r'zt4L+ttt'4/r\rr\ /
VAIL rl()()DS .'/'ttuAuh
4-*_47".,5,T1
4'*. 7-/tzta"* A
THIS DECLARATION ()t' C()VEitAtlTS ,'CONDITTOTIS , RESTRTC-
TIotls AIID EASEIIEiITS is nade on the date hereinafter set forth by
I.K.S. VaiI Associates, a general partnership ("Declarant",
which tern shall include its srrccessors and any assignees of Declarant's rights hereunde r) .
IT I T II E S S E T H:
ITIIEREAS, Declarant has srrbriivideci the property into II
lots and desires to srrbmit the lots and the resident-ial hones
that nay be constructed thereon to the provisi.ons of this Declaration; an<l
Itro\r? THERIIFORE, Declarant does hereby publish and
decLare that the Property shall be held, solri and conveyed sub-ject to the following terlrs, covenants, conditions, easements t restrictioDs, r1sss, IinitaLions and obliqations, which are for the prrrpose of protecting the value and desirability of the
Property and which shall be deened to run with the land' shal1
be a burclen and a benefit to the Declarant, its srrccessors and
assigns and any persons acquiring or owning an interest in the
real property and inprovernents <lescribed in Exhibit Ar their
successors or ass igns.
1. Definitions. IJnless the context shalI expressly
prorr id e othe rw i se-, -E6'6-Eo-t 1ow i ng <ief i n i t i ons sh a1 1 app ly :
(a) "Architectural Control Comnitt-ee" or
"Connittee" shall nean the Board of Directors of the VaiI lJoods
Horleowners Association lrhen srrch Board is exercising the author-ity and rluties of the Architectural Control Conmittee set forth
herein;
"Association" sha1l nean the VaiI Woo<ls
a Colorado non-profit corporation;
"Board" shall nean the Board of Directors of
'rLtrrilding Envelope" r "Garage Envelolre, and
shall nean those areas that are so designated
(e ) " Cor4r,ton Area" shall mean and refer to
those areas of the Property designated as "Connon Area" on
Exhibit B attached hereto. The Connon Area consists of Garage
Areas, Parking Areas, Utility, Drainage and Access Areas,
Drainage Cornnon Areas, and Slope Common Areas.
02265
(f) 'Conmon Expensesrr shall mean and include
expenses of adninistration and nanaqement, naintenanceT repair
or replacenent of the Connon Areai
(g) "Declaration" shaLl mean and refer to this
Declaration of Covenants, Conditions, Restrictions and
Easernent,s, and any Srtpplements or Amendnents thereto;
(h ) "Des ign tlanrral n shal L mean the Eng ineering
Report and Design ltanual for builrting founriation construction
adopted by the Declarant wiEh the approval of the Town of Vail
as the sane nay subsequently be anended, updated or replaced by
a subsequent or amended Engineering Report and Design ltanual
adopted hy the Connittee and approved by the Town of Vail.
(i) "Drainage conrnon Area'r shall rnean that area
shown as Drainage Cornnon Area on Exhibit B.
(j) iDtplex" shall nean a detached etructure (including garages ancl fixtures) consisting of lwo attached,side-by-side, single-fanily dwelling units sharing a conmon party wall;
(k) "Duplex Unit" shall mean each of t.he two
att.ached, single-fanily dwelling units which cornprise a duplex;
(1) oFirst llortgagee" shal1 nean the holtler of a
first deed of trust or first mortgage (collectively referred to as "First tlortgagerr) encurrbering an Original Lot or a Sublot.
(nr) "Garage Area" shall rnean those parts of the
Cornnon Area that are designated as Garage Areas on Exhibit B.
(n) "Ilome" shalI mean a detached structure
containing one single-fanily dvrelling rrnit (including fixtures
and including any garage constructed in the Garage Area or
Garage Envelope as shown on Exhibit. B) or a Duplex situate on an
original Lot that has not beien subdivided into two Sublots or a
Duplex Unit on a Srrblot created in accordance vtith the provisions of paragraph 21 i
(o) 'tLot'r shall nean an ttriginal Lot and unless
the context othervrise requires, shal1 also mean a Sublot created
in aecor<lance with paragraph 27;
(p ) "tlriginal Lotrr shall rnean and ref er to a parcel of real property designated as a Lot on the Plat of Vail
lloods Subrtivision and any srrpplements thereto or amencllrents thereof, and all inprovenents constructed thereon, but shall not
inclrrcle a Suhlot t
(S) 'ovner, neans a person, f irrn, corporation,partnership, association, or other legal entity or any
combination thereof owning one or more Lotsi
(r) "Parking Area" shall nean those parts of the
Cornmon Area that are dcsignated as Parking Areas on Exhibit B.
(s) 'Plati shall mean and refer to the Final
PIat of Vail lloods recorded on , 1984, at
Reception tlo. -____t in the records of the Clerk and
Recorder of Eagle County, Colorado and all supplernents thereto
and arrendrnents thereof ;
-2-
02265
(t) 'Private streets" shalt nean those portions
of the tttility, Drainage and Access Areas that are paved by the
Declarant and are designated for vehicttlar ingress and egress to
the Lots, Garage Areas, and Parking Areas.
(rr) xProperty" shall mean and refer to the real
property located in the Town of Vailr County of Eagler Colorado,
described on Exhibit A attached hereto and any other property
that nay hereafter be nade subject t,o this Declaration by one or
nore Supplements hereto;
(v) nRules" shall nean the Rules and Regulations
adopted by the Board as amendecl from tine to timei
(rs) rSlope Comnon Area" shall mean those areas
of the Property designated as Slope Connon Area on Exhibit B.
(x) trSubLot" shal1 riean each of the tvo parts of
a subdivirled Lot thaL his been srrb<livided in accordance with the provisions of paragraph. 27.
(y ) 'rtttility, Drainage and Access Area" shall
rnean those parts of the Cor.t-'ron Area that are designated as Che
Utility, Drainage and Access Conmon Area on Exhibit B but
excluding any portions that are designated as Garage Areas or
Parking Areas on Exhibit B.
2. Properly_Subiect to Declaration.De c I arant
expressly intends to and by the recording of this
does here:by srrbject the Property to the prr:visions
covenants, conditions, restrictions and easevqents.
and garages, and l rst be approved by a majorlty of of the Architectural Control Conunittee as provi<led
De clarat i on.
3. Conveyance Suhject to g_gYg.rli4C. A1 I easernents,
restrictions , c6iienantE, reseivations , Ta*s r charges, rights I
benef it.s, brrrdens and privileges vrhich are granted' created'
reserved or declared by tlris Declaration shall be deemed to be
eovenants apprlrtenant to and running witn the land and shall be
binding upon any person having an interest in the Property and
their respective heirsr successors, representatives and assigns.
Referenee in any deed of conveyance, lease, mortgage, deed of
trrrst or any other instrrrnent to a Lotr shalL be deened to
affecL that Lot, together with the Hone constrrtcted thereon, all
rights of ownership of such Lot and a1l lirnitations on such
ownership as described in this Declaration.
4. ti$q. A Lot rnay be hold and owned by rnore tlran
one person in aiflTdal property tenancy relationship recognizecl
uncler the laws of the State of Colorado.
5. Restrictioqs_o_n_Use . - .,, ,_
(a) tlo building shall be erected, altererl, fllW placed or perrnitted to rernain on any Lot other than one detacherly '11,[A/single-fanily dwelling or one Duplex on an <)riginal Lot or one L Ur[ .tX D.rplex Unit on a Sublotr 6ny of which must conply with all ZllUllt- VY applicable reqrtirements of the Town of Vail with reapect to7lt" .',^J{ \fruil.ding size and height, building naterials, set backs, fenceert/
Dec larat ion of these
the monbers in this
(b) AI 1 Lots shall be used and occupiert princi-
pally for residential purposes by the owner, by the Ownerrs
f anily or by the ()rtnerrs guests and tenants; provirled that one
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o2265
hone office will be permitted in each Home if the same complies
\rith the f ollowing: ( I ) no chattels, goods ' !,tares or rnerchan-
dise shall be cornmercially created, displayed' exchanged' stored
or sol<l , (2) the office shall be operated entirely $tithin the
Ilome (but not within the garage), (3) the office sha1l be oper-
ated by a person vrhose principle residence is in the Home, (4)
there shall be no more than one person enployecl by or associated
with the office who does not naintain his principal residence in the Horne, (5) there shall be no separate entrance to the office
fron the outsicle of the Hone, (5) tne office shall not rrtilize
more than 300 square feet of floor area, (7) tne office shall
not create any external evidence of the operation of an officet (8) there shall be no signs used in connection with the office
except srrch signs (if any) that the Board may approve in writ-
ing, and (9) srrch rrse is pernitted under the applicable ordi-
nances of the Town of Vail. In addition, Declarantr his
ernployees, representatives, agents and contractors nay naintain
business and sales of f ices, constrrlction f acilit,ies ' moclel rrnits, and srrch other f acilities on the Property ancl shall have
an easenent and right of access over and across tlre Utilityr
Drainage and Access Area for sairl purpose.
(c) AII trse and occupancy of the Lots shall be
governed hy the Rules of the Association. The Board, on behalf
of the Association, nay pronu lgate and enforce rules governing
the use, naintenance, and appearance of the Lots.
(d) llothing shall be done within the Lots which
worrld be in violation of any statuter rule, orclinancet
regulation, pernit or validly irnposed requirenent of any
gove rnt'nental body .
(e) llo noxious or offensive activity shall be
carried on upon upon a Lot or in a Hone.
(f ) Ilo anirlals of any kind' except household
pets, shall be raised, bred or kept on a Lot. The Association nay limit the nun]'rer of horrsehold pets r.rhich nay be kept on a Lot. Dogs shall bo Leashed at all tinres when on a part of the
Property other than Lhe Lot of the O\tner to whom a dog belongs
and each pet's owner shall confine its pet for excretions to his
outn Lot. llo o!'rner shall allow anirnal excretion to accrtnulate on
his Lot. Pet.s constitrrting a nLrisance may be required to be
conf inerl to the Olrnerr s Lot or redrrced in nurnber by the Board.
(S) Unsightly objects or rnaterials shall not hre
placed upon the exterior portions of a Lot. t{o heating or
cooling devices of any kind which protrude beyond the exterior perineter of the windolrs in the Hone shall hre installed or
naintained in a Hone; provided r hovrever, central air
conditioning units rnay be installed on the Lot provided they are
not installed in front of the Home. llo part of a Lot nay be
uscd as a drrnping ground for garbaqe, trash or other waste and the sane shall he disposed of in a sanitary nanner. AlI
equipnent for the storage or disposal of garbager trash or itaste shall be kept in a clean and sanitary condition in the Garage or
in an area on a Lot not visible from the street. Garbager trash
or hraste shall be disposed of in such a manner as may be established by the Association, and the burning of garbage'trash or vraste in orrtside incinerators, barbecrre pits or the like is prohibitert. The Association shalI have the right to enter upon a Lot to renove any refuse piles or other unsightly objects and materials at, the expense of the owner, following due
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02265
notice to such Owner and the failure of the owner to cornply with
this Paraqraph. Such entry shall not be deerned a trespass.
(h) llo vehicles shall be parked on the Property
except in Garage Areas or Envelopes or Parking Areas or
Envelopes. Ilo naintenance of vehicles shall be perforrned on the
Property except in a garage, and no vehicles sha1l be placed on
jackstands or blocks outside of a garage except on a tenporary
basis for ernergency repair. The lloard nay pass Rules further
liniting rrhere r.rehicles rnay be parked ancl the types of vehicles pernitted to be parked outside of a garaqe. llo items of any
kin<l shall be placed or stored on the Common Area (except inside
a f rrIIy encloserl garage constrrrcted on a Garage Area or
Envelope ) .
(i) Sr:bject to the reservations in favor of
Declarant, no signs of any kind or nature whatsoeve r shall be
placed upon the Property without the prior vrrit.Len consent of
the Boarrl , provided, howeverr an ovrner shall have the right to
display a For Sale sign, the size and clesign of which have been
approved by the Board.
(k) llo structure of a tenporary nature, trailer,
tent, shackr laralfe, barn, or other orrtbuilding shall be used on
any Lot at any tine as a residence either terlporarily or
1>ernanently. This provision shall prohibit the erection on LoLs
of playhouses t>r s irrilar st.rrlctrrres f or use by children.
(1) llater supply and sewage disposal shal 1 be
provicled only by or throrrgh the the nater and saniEation
districts servieing the Property. llo individual water supply
sorrrce or ser/rage disposal systetn shall be placed on a Lot.
(n) Al1 Homes shall be constructed of a size and
<lrtality ancl with naterials anri workrranship cornpatible witn other
llornes on the Property and as re<yr.rired by the Cornnittee and
naintained in accordance vrith the reqrrirenents of this Declaration. tlo tlome ( including f or this prlrpose a Duplex
whether or no! the Original Lot has been subtlividect) shall
conta j.n more than 5r000 square feet of gross residential floor
area as def inecl in the Vai.l ordinances.
(n) AlI Lots shall he landscaped and naintained
in accordance with the reqrrirenents of the Conmittee.
6. Ternination of llechanic's Lien_Rights q4{_
I-qQeryq t f tc q! i o q . -H o-- r ar-c, r p e r Fo rne A;;;a t e r ia-1s -friFn f s h e d a n cl fnco;po;ttl;,1-G a Lot lrith the consent or at the request of the
ovrner thereof or )ris agent or his contractor or subcontractor shall be the basis for filing a lien against the Lot or Horqe of
any other orrner not expressly consenting to or requesting the
sane. llo labor perforned or naterial f rrrnished and incorporated in a Garage Area or ParP.ing Area with the consent or at the
request of the ()vrner of the Lot to which srrch Garage Area or
Parking Area is apprrrt-enant shalL be the basis for filing a lien
against any portion of the Property oEher than the Lot to which
such Garage Area or Parking Area is appurtenant. Each Ouner shall inderrnify and holcl harmless each of the ot,her Owners and the Association from and against alI liability arisinq from the
clairr of any lien against the Connon Area or any other Owner's
Lot for constrrrction performed or for laborr naterial, services or other prodrrcts incorporatecl in or othen"tise attributable to the ()vrnerr s Lot.
-5-
o o2265
7 . Easenents.
(a) The Association and every Owner of a Lot
shall have a right and easernent over and across the Utility,
Drainage and Access Area for the prrrpose of ingress to and
egress f rrm such ownerts Lot, Parking Area and Garage Arear and
for the continued existencer rrs@r rnaintenance and repair of
rlrainage facilities and utility lines and pipes. The easenent
herein granted shall be for the benefit of each Lot Owner' his
grtest.s, tenants and invitees.
(b) Portions of the Coruton Area are designated
as Garage Areas and ot,hers as Parking Areas for the use of
specified Lot ovrners as shown on Exhibit B. There is hereby
created over each Lot on which there is a Garage Area designated
to another Lot, an exclusive easement for the sole benefit of
the owner of the Lot to which the carage Area is designated, for
the prrrpose of constrtrcting, using and naintaining a one or tno
car detache<l garage or a tno car parking area thereon and for
the parking of notor vehicles therein. There is hereby creaLed
over each Lot on which there is a Parking Area desiqnaLed to
another Lot, an exclusive easenent for the sole benefit of the
oh,ner of the Lot to which the Parking Area is desiqnatedr for
the purpose of constructing, rrsing and rnaintaining a parking
area for the parking of trp to tvro motor vehicles. The easements
herein granted shall be appurtenant to the Lot to which Chey are
designated and nay not be sold, transferred, or encumbered
separately fron srrch Lot. The Garage and Parking Areas and
irrprovernents constnrcted thereon are for the exclusive henefit
and use by the O\,rner of the Lot to which they are appurtenant
and all ovrners hereby agree that sr.rch areas and itlprovenents
should be assessed for property tax purposes as part of the Lot to uhich they are apprrrtenant.
(c) There is hereby created over each Lot on
whi.ch there is a Slope connon Area an easement for the benefit
of the Association for the rrraintenance of srrch slope and the
grorrncl cover existing thereon in srrch condition as they were at
the tirne of the original conveyance of such Lot to an owner by
the Declarant. tlo construction, alteration or grading shall be
done to any portion of the Slope Cornnon Area.
(d) There is hereby created over each Lot on
trhich there is a Drainage Connon Arear a right and easemeut over
and across such area for Lhe benefit of the Association for the
continrred existencel usel naintenance and repair of tlre inter-
ceptor underdrains and any other <lrainage facilities constructed therein. llo strrrctrrre, planting or other ground cover shall be
perlritted in the Drainage Connon Area except such grottnd cover
as existecl at the tine of the original conveyance of the Lot to
an Orrne r by the Declarant.
(e) The Association, through its dtrly authorized
agent, shall have the right, in case of any etnergency originat-
ing in or threatening a llome to enter sttch Hor,te or Lot or any
other llome or Lot which is necessary, such entry to be pernitt,ed
imnecliately withorrt, prior requese.
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02265
(f) The easenents and rights herein created for
an Olrner shall be deened appurtenant to the Lot of that ovrner
and all conveyances and instruments affecting title to a tot
shall l-re deerned to grant anrl reserve the easenents providecl herein as thorrgh f rrl1y set f orth in said docunent.
(S) The Association or the owner of the Lot or
Lots to which any easement describect herein is apprrrtenant shalI
have the right, at any tine and fron t ine to tilne r to enter upon
srrch portions of any Lots as are necessary in order to naintain'repair or replace thoso irnp rovernents f or vrhich the easenent itas
created, including without linitation, naintenancel repair and
replacerrent of the carage Areas, Parking Areas, tJtility,
Drainage ancl Acccss Areas, Drainage Connon Areas and Slope
Connon Areas. If any portion of the surface of the Lot is
danaged as a resrrlt of srrch maintenance, repair or replacenent
( inclrrding any excavation necessary to naintain any utrderground
drainage facilities), the Association or such owner sha11
restore t-he surfacc as nearly as practical to the condition it
was in prior Lo the naintenance. repair or replacement activity.
B. ttaintenance of Cornmon Area. The Association
shall provicle ana Fiv-FoFTlG-care, operation, nanagenenc'
naintenance, repair, replacernent and irnprovenent of the Utilityt
Drainage anrl Access Areas and the drainage facilities in the
Drainage Connon Areas. [Jithortt lirniting the generality of the
foregoing and by r.ray of illrrstrationr the Assoeiation shal1 keep
those portions of the Connon Area for which it is responsible in
goodT clean, attractive ancl s
rnaintain the Private St-reets,
ve snow other materials f ronr the Private
tsrancl str er porLions of the Connon ea--as -tTE Boarcl
drainage facilities installed on the ?roperty by the I)eclarant
and any additions thereto or replacenents thereof; shall keep
those portions of the Cornnon Area for which it is responsible safe, attractive and desirablep rnaking necessary or <lesirable alterations, additions r betternents or improverrrents to or on the
Conrnon Area. tlothing herein shaLl be construed as wai.ving any
right of the Association to recover for any danage or expense incurred by the Association as the resrrlt of the willful or
negligent action or lack of action by any person.
The tla intenance of Lots.
(a) Except as provided in paragraph 8r each
Orrner shall he responsible f or the maintenance, re1>air antl
replacernent of his Lot, the Parking Area and Garage Area
appurt()nant thereto (if any), his Home ' and all landscaping ancl
other irlprovenents nade to or upon his Lot ' Garage Area ancl
Parking Area. Each ()vrner shall keep his Horne and all
Iandscaping and other inprovements nacle to or upon his Lot or
the Garage Area and Parking Area appurtenant thereto (if any)
in good order and repair, free from trash and htaste. After the
initial constrrrction of a llone on a Lotr an O$tner shall not
const,ruct or no<lify any exterior surface of his Hone, a patio or
fence other than to render it to its condition as originaLly constructed, without the prior written consent of the
Comrni t tee.
( b ) Each owner sha1l r.rake reasonable inspection
of his Lotr Garage Area, Parking Area and llome and inunediately
perforn any maintenance, repair or re1>Iacenent required.
anitary order and repairt-S-bi!\
inclrrding paving and grading; -
9.
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o2265
10. Failure of an owner to }laintain. If an owner
f ails to perforn-ETs obllgauGn to;tfiGTn hTs Hone' Lot'
Garage Area or Parking Area in accordance vtith a1I of the
provisions of this Declaration, the Board may give strch Ol'ner
irritten llotice of srtch f ailure I including in the llotice the iten
or items which require naintenance, repairl replacement or
rernoval. The O\tner shatl have 20 days after the delivery of
srrch llotice to conurence the maintenance, repairl re1:lacement or
removal of such iterns and to diligentLy prtrsue the sanne to
corlpletion. In the event an Olrner fails to commence such action
within the 20 day period or fails to diligently pursue the sanne,
the Association nay provide and pay for the naintenance, repair,
replacernent or removal of the iterns specified in the llotice.
The ovtner shall be liable to the Association for the cost of
such maintenance, repair, replacenent or removal, together with
interest on the anount expended by the Association at the rate
of I83 per annlln (or such other rate provided for in the Rul'es
or By-Lalts) and the Association nay levy an extraordinary
assessnent against such (xrnerrs Lo! to recover the paltnent
thereof . The Associati.on may take any action ttnder this
paragraph without prior written notice if in the opinion of the
Board, sr:ch action rttst be done imr:rediately in order to prevent
damage to the Lot involved, Lo any other Lot or to the Common
Area.
11. Adnrinistration and -ltanagq4ent_. The
arlrninistration anri -ninagenent oi-tne connon -erea shall be vested
gxsf rlsivety in the Association. An or^tner of a tot, upon
becorning an Orrner, shall be a nember of the Association and
shal1 renain a rnenber for the period of his ownership. Any
purchaser of a Lot shall be deenerl to have assentedr ratified,
and approved such designation. The Association shall have the
following duties, rights and powers:
(a) To collect rnont-hly or periodic assessments
from the owners; to execute and recorrl statements of lien for
<lelinqrrent assessnents i to colleet delinqrtent assessments by
srrit or otherwise; and to collect such other assessnents as are
authorized herein.
( b) Frorn funds collected, to provide for
naintenance r repai rr replacenent r irnprovernent r nanagenent.
insurance, and care of Association prol>erty inclrrding the Coritnon
Area, and to provide for such other expenses as are enurnerated
in this Declaration.
(c) To leasel dcQrlire and sell real or personal
property and to irnprover 6rrd construct improvernents thereon.
(tl) To borror.r noney in furtherance of any lawful
prlrpose of the Association and to issue such notes, or other
evidence of such borrowings as the Board so deterrnines.
(e) To enter into the tlomes and upon the Lots
vhen necessary in connection vrith its duties set forth in this
Declaration.
(f) To enjoin, seek darnages fron, or suspend the
voting rights or right to use Common Area of the Onners for
violation of this Declaration, the Articles of Incorporation of
the Associat,ion' the By-Laws of the Association, and the Rules,
provided that any suspension of voting rights or right to use
Connon Area of an ovrner nay not exceed sixty (6t)) days for each
v iolat ion.
-8-
o2265
(S) To employ worknen and othersi to contract
for services to be perforned, inclr:ding those of a rtanagert to purchase srrpplies and eqrripnent; to enter into contracts; and
generally to have the powers of a property manager in connection
with the natters herein set forth, except t,lrat the Association
nay not encurnber or dispose of the fee title of any Owner except
to satisfy a f.ien, award or judgrnenL against such Owner for
violation of the covenants irnposed by this Daclaration. The
Association shall not ent.er into any contract or nanagement
agreement for the furnishing of services (other than utilities,trash remova 1r landscaping anct gnotr renorril ) r rnaterial or
supplies, the t,ern of which is in excess of one year; and
further provided that any contract or nanagement agreement
entered into (exclrrding those for utilities) by the AssociaEion
shalI be terminable by the Association for cause upon thirty (30) rtays written notice and termination without cause upon
ninety (901 6.t" writEen notice without the palment of a penalty
or f ee.
(h) In it,s own nane or on behalf of al"l owners'
hy srri! or othervrise, to protect and defencl the Conrmon Area f rorn
loss ancl darnage.
(i) To enploy cotrnsel, attorneys and auditors in
connection with legal rqatters of the Association and in
connection vith the preparation of any financial statenents of
the Association, which financial statenents shaIl be available
to (htners and First ltortgagees for inspection at. the Assoeiation
office, as hereinafter provirlerl .
(j) To deposit ftrnds in the hands of the Board
which are not necessary for imnrediate disbursenents in insured
savings accounts of ttational or State Banks or Savings and Loan
institutions earning the standarcl rate of interest.
(k) To file legal protests, fornal or infornal
with authorities against the granting by authorities of zoning
ordinances, rezoningsl approvals, or variances concerning property within a reasonable proxinity of t.he Property which
night affect the value of a significant portion of the
Property.
(1) To adopt Rules in accordance with the
By-Lavrs for the regrrlation and operat.ion of the Lots and Conrnon
Arear inclrrding, but not limited to, regulations governing the
u s e of the Lot s ancl Cornrnon Are a .
(m) The Association shall have ancl nay exercise
any right or privilege given to it expressly by this Declarat,ion or by its Artieles of Incorporation, or reasonably inplied from the provisions thereof which may be necessary or desirable to
fulfill its drrtiesl obligations, rights or privileges except as
such rights or privileges nay be expressly lirnited in this Declaration, or in the Articles of Incorporation.
( n) To hold nenbership r:reetinqs at least annually. Special rneetings of the Association nay be called by
the Board or by written petition signed by at least twenty-five
percent. (25S) of the Ovners.
Association. The following shall 12. llenbership in
be entitleA to lnemU-ersfrlp i;the Assoc i at ion:
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02265
(a) All owners shalL arrtonatically becone
l.lenbers of the Association. lrpon the sale or transfer of a Lot
by an olrner the sellerrs or lransferorts nembership shalI
terminate and shaII be arrtonatically transferred to the nel,
Or., ne r.
(b) The Declarant, provided however, st:ch
nembership shall tenninate upon ternination of the CIass C
tlenbership except with respect to any Lot then owned by
Declarant.
13.
three classes
Original Lots
paragraph 27 Original Lot
Sublots which
27 and shall
votinq ntg[lr_tl Association.There shall be
of lternbe rs to wit:
(a) Class A llernbers shall be the Owners of
that have not been subdivided in accordance with
and shall be entitled to trro votes for each
ovrne d.
(b) Class B llenbers shall be the Ordners of the
have been subdivided in accordance with paragraph
be entitled to one vote for each Sublot owned.
(c) If an Owner is rnore than one person, or a
corporation or other legal entity, then one such person, an
officer of such corporation or a representative chosen by sttch entity shall be designated the lterrber with respect to such Lot
by written notice delivered to the Secretary of the Association.In t,he absence of such designation, the Board rnay designate one
srrch person, officer or representative as the voting ltenber.
(d) Declarant shall be the Class C llenber altd
shall be entitled to six votes to be exercised by a designatert
representative thereof for each original Lot owned by Declarant
and three vot,es for each Sublot olrned by Declarant. Declarant
shall not be a Class A or Class B llenber so long as it is a
Class C llenber, but upon ternination of its Class C nernbership it shall be a C1ass A ltember for each original Lot and a Class B
Itenber for each srrblot onned by it. Class C llernbership shall
terminate upon the earlier to occrlr of either (i) f20 days following the sale by Declarant of seventy-five percent (75t ) of
the Original Lots or (ii) five (5) years after the date that
this Declaration is first recorded; provided, however, Declarant
rnay elect to terninate the C1 ass C menbership at any earlier
t irre.
(e) UntiI terrnination of CIass C llernbership,
Declarant shalL have the sole and exclusive right to appoint the
Board of Directors of the Association.
14. 9plBf!egc_e_, with Provisions of Covenant_s__qnq_
By-L_qwq. Each r)wner shall conply stricLly with the provisions
of this Declaration, the Articles of Incorporation, By-taws and
Rules of tlre Association, and the decisions and resolutions of
the Association adopted pursuant thereto as the sane nay be law-
ftrlly amended frorn tilre to tine. Failure so to cornply shall be grounds for an action to recove r sllrrs due for darrages or injrrnctive relief, or both, rnaintainable by the nanaging agent or Board of Directors in the nane of the Association on behalf of the ()vrners or, in a proper case, by an aggrieved Owner.
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02265
15. Assessnents.
(a) General . Each ()wner, bY acceptance of a
deed, agrees to pay to the Association assessments or charges
established frorn time to time as herein provided. Such assess-
rtents ' together with any late charge as nay be cleternined f rorn
tir:re to tine by the Board' interest at the rate of 18t per annrrn (or such other rate provided for in the Rules or the tJy-Lavts) ,the cost of collection, and attorneyts fees shal1 be chargecl to
the Lots and shall be a continrring lien upon the property
against which eaeh assessnent is nade in the event of delin-
qllency in palment. Srtch assessnent, together with interest,
late charge, court costs, and reasonable attorney ts fees also
shall be the personal ohligation of the persotl vrho was the
olrner, or the persons jointly and severally who were the (hrners
at the tir,re rvhen the assessnent rras nade. Assessnents against
each Lot shall connence as of the date of the transfer of title
to such Lot by Declarant to a purchaser thereof.
The assessments levied by the Association against the
Lots (except Extraordinary Assessnents) shall be used exclusive-
}y for the constnrction, managenent, naintenance and care of the
Cornmon Area, and for the perfornanee of a1l other duties and
obligations incurred by the Association pursrrant to this Decla-
ration, including but not linited to: the provision of ser-
vices, utilities and facilities rclated to the of the Conmon
Area; the naintenance, repair and replacenent of the Privat.e
Streets, paving, lightingr and other facilities furnished to the
connon Areai provisions for snov, rernoval, grounds upkeep,sprinkler systems, landscaping, adninistration expenses, vtorking
capital, real property taxes and special assessrnents levied vtith
respect to irlJrrovemenLs constructed or to be naintained by the
Association on the Conrnon Area, rental and acqrrisition of real
or personal property; and srrch expenses as the Association, in
its opinion, shal1 deterrnine to be necessary and desirable
ineluding t.he establishment and naintenance of a cash reserve
and a sinking frrnd for all of the foregoing purposes' including
brtt not linited to an adequate reserve funcl for the acqrlisitiont
construction, maintenance, replacernent and repair of those
portions of the Conrnon Area vrhich nrrst be replaced on a periodic
basis, to be charged against the ovners as part of their regular
asses sment
(b) AnnuaI Assessnents. Annual assessments nay
be nade for the purposes of p-rovlctTng tunds for the nornal
operations of the Association, including but not limited to
naintenance ancl repair of the Connon Area, salaries, costs of
operating the AssociaLion, cost of acguiring real or personal
property, insurance prernirrrns r nanagenent f ees , of f ice costs t
reasonable reserves, anounts necessary to pay deficits or debtst
inclrrding debts incurred in connection with or for the purpose
of financing the acquisition of real or pcrsonal property,
incurred by the Association, utility fees, taxos and other special assessnents levied with resl:ect to inprovements
constructed by the Declarant ()r the Association on the Conmon
Area, and frrnds for any other purpose or purposes of the
Association provided for herein except for capiLal irnprovements
hrith a cost in excess of $10,000. The total amotlnt of noney
required to be raised by annual assessnents for each fiscal year
shall be the anorrnt, as determined by the Board, necessary to
satisfy the costs and expenses of frrlfilling srrch functions and
obligations of the Association in such fiscal yearr inclucling the payrnent of deficits frorn prior fiscal years, providing
reasonable reserves, and providing a reasonable carry-over
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o2265
reserve for the following fiscal year. To deterrnine the anount
retltrired to be raisetl by annual assessnents f or any f iscal yeart
the Board shall prepare an annual budget for srtch fiscal year
showing, in reasonable detailr the variorts tnatters proposed to
be correred by the budgetr the estinated costs and expenses vrhich
will be payable, the estinated incone and other fr.tnds which vrilL
he availahle in that fiscal year, and the estinate<l tot-al anount of noney required to be raised by annrral assessnents to cover
srrch costs and expenses and to provide a reasonable reserve.
The Board of Directors shall frrrnish a copy of such budqet to
any (hrner and, upon request, t.o any First l{orEgagee. Based on
srrch budge!, the Board of Directors shal1 determine the anount
of the annrral assessnents for each Lot for strch fiscal period.
(c) qSPplg_rye_qt_qly__ls_seeqB_elS!. In the event that
the Board shall rleterrnine, at any tine or fron tirne to timet that the amount of the annrlal assessnent is not adequat,e to pay
for the costs and expenses of fulfilling t,he Association's
obligations hereunderr one or nore supplenentary assessl.tents nay
be nade for the purpose of provicling the additional fttnds
reqrrired. To deternine the anount required to be raised by each
supplenentary assessment, the Boarcl shaIl revise the annual
brrdget for srrch fiscal year or prepare a new budget, a copy of
which shall be furnished Lo any oirner or on requestr to any
First ltortgagee. Based on such revised or new brrdget, the tsoard
nay nake a supplernentary assessnent against each LoL for suclt
fiscaL year.
(d) qlt_legEqflqy_4s-gegsnent. An Extraordinary
Assessment nay be levied by the Board against a Lot ancl the
ovrner to recover the actual arnounts expended by the Association with respect to the following, plus an amor.rnb to be deternined
by the Boar<l not to exceed 258 of the total anorrnt thereof to
cover overhead and adninistrative costs of the Associationl
(i) llaintenance, repair or replacenent
perforned by the Association under the provisions of Paragraph I0, regarding failure of an Owner to rnaintain,
(ii) ttaintenance, repair or replacenent
caused or contributed to by the negligence, misuse or neglect of
an Owner, his faniLy, guests, tenants or inviEees or the failure
of an Ovrner to naintain his Hone or Lot in accordance with the
prorris ions of the Covenants,
(iii) The Association nay also nake an
Ext.raordinary Assessment against an owner ancl his Lot for any other purposes provirled for in this Declaration or in the
Articles, By-lavrs or Rrrles.
(e) 9p9gia!-Lg-9.9nsrnqn9. speciar assessments nay
be made for the purposes of raising funds for capital inprove-
ments in excess of $10r000 and for any other Association purpose
for which annrral assessnents nay not or have not been rnade.
lfhether to rrake a special assessnent and the anount thereof shall be determined by the Board; provided that no special
assessnent shall be valid unless approved by a t\^ro-thirds (2/3)
vote of the nenbers present and voting, in person or by proxyt at any annual meeting of the menbers of the Association or at
any special meeting thereof calLed for the purpose of consider-ing srrch special assessnent.
( f ) A11o_c_at ion e!_As-qeEEmslt_!. AI l annrral l s'rp-
plenrentary ancl special assessnents shall be allocated equally
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o2265
among the Original Lots. In the event an ()riginal Lot has been
srrbdivided into two Srrblots, one-haIf of Lhe assessnenL with
respect to such Original Lot shal1 be allocated to each Sublot.
(s ) Bgtqg-n!-of-Ls-ggggnent-9-. The annual assess-
nent for each tot shall tre payable in twelve (12) equal monthly
installnents drre on the first day of each rnonth' unless the
Board shall adopt sone other paynent schedule. The failure to
nake palnnent within thirty (30) days of the due date thereof
shall- cause the frrll arnount of the assessnents for the rernainder
of the year to be inrnediatel.y due and payable at the election of
t,he Board. Any assessment. unpaid shall accrue interest at the
rate of 18t per annun or srtch other rate provided for in the
Rules or: the Bylaws. Special and supplementary assessments
shalI be payable as provided in the resohttions authorizing the
sane. ExLraordinary Assessments shall be due rrpon dernand by the
Association therefor. A1 I installnents of annttal' supplemen-
tary, special antl extraordinary assessnents shall be paid with-
out any setof f or dirrinrrtion of any kind.
(h) The Association shall levy and collect fron
each Owner at the closing \.then the ()vner acqrtires a Hone, a sun
equal to two (2) tines Lhe estimated monthly assessrnent appor-
tioned to the Hone. Srrch srrn rnay be used for working capital,
for application against an ovtner's delinquent account or for any
other lawf rrl purpose. If the ()wnerr s account for any reason
falls below the original deposited amountr the account shalI be
prornptly resEorerl to the required anount. Upon the sale of the
tlome (exeept the first sale by Declarant) r the amount in the
reserve account nay be transferred by the seller to the buyer
but in no event sl'rall the Association be ohligated to refund the
deposit upon such sale. Upon the subdivision of an original Lot
into two Sublots, one-half of the anorrnt in the reserve account
for srrch original Lot shall be allocated to each of the
Sublots.
1 6 . l, i
"
q_q qLtl gtp.$gl!_gt _{s_ge_Cstre q!_!Sx_qqmr'1on.
E4penses. AlI suns assessed against a Lot (incltrrting interest
thereon) shall eonstitute a Iien on srtch tot srtperior to all
other liens and encumbrances except:
(a) Tax anci special assessnent liens in favor of
any assessing ar.rthority; and
(b) AII srrns r.rnpaid to any F'irst llortgagee of
record, including al1 unpaid sums as nay be providecl for by such
enculcbrance, and inclrrding additional advances rilade thereon prior to the arising of srrch lien.
To evi<lence srtch lien, the Board of Directors or
managing agent nay prepare a written notice setting forth t,he
anount of srrch unpaid indebtedness, the nane of the Oh,ner of the
Lot ancl the Lot nunber. Srrch notice shall be signed by one of
the Board of Directors or by the nanaging agent and shall be
recorderl in the Office of the Clerk and Recorder of Eagle
County, Colorado. The recording of a notice of lien shall not
be a condition precedent to nor delay the atgachrlent of a lien
which slrall attach as of the first day of any period for which
any assessnent is levied but, shall relate back in priority to
the date of recording of this Declaration except as to the
natLers set forth in srrbparagraphs (a) and (b) above. Such lien
may be enforced by foreclosure on the defaulting o"tnerrs Lot by
the Association in like manner as a mortgage on real property
and sha1l encunber all rerrts and profits issuing fron the Lot
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02265
lthich lien on rents and profits shal1 be suborrlinaEe to the
rnatters <lescribed in subparagraphs (a) and (b) above. The or^tner
shall aLso be required to pay the Association a reasonable
rental for the Lot during the period of foreclosure, and the
Association shall be entitled to a receiver to collect the same.
The Association shall have the porter to bid at the foreclosttre
sale an<l to acquirr: and hold, Iease, mortgage and convey the
Lot.
The arnount of any paynent assessod against a Lot shall
be the detrt of the Owner thereof at the tine the assessment is
nade. Suit to recover a rloney judgment for unpaicl assessments
shall be naintainable withortt foreclosing or waiving the lien
securing the sane.
Any encrrnbrancer holding a lien on a Lot rnay pay any
unpaid assessnents payable with rcspect to sttch Lotr and upon
such palnnent such encurrbrancer shall have a Iien on such Lot for
the amounts paid of the same rank as the lien of his
e ncunbrances .
I ? . L i s! r-! +y_f ,: s_9gq4eq _E_xP_e_nF_9.s_U pon -'! ra n9-f e f -q!s_ng_glDfe.nS.9__"1 _q_L"ll-upirn tn-e-w-ritte.n Tequest of any ovrner or
any rnortgaqee or prosl>ective nortgagee or grantee of a Lot ' and
upon palment of a reasonable fee not to exceed Fiftoen Dollars
(S15.00), the Association, by its nanaginq agent or Board' sha11
issue a written statenenl setting forth the atnount of any unpaid
assessment vrith respect Lo the suhject Lot, the anotlne of the
current nonthJ.y assessnent and the date srlch assessnent becones
tluel and the anount of credit for advanced or for prepaid items
vrhich staternent sha11 be conclusive upon the Association in
favor of all persons vho rely thererrpon in good faith. Unless
such reqrrest for a staterlent of indebtedness is conplied with
vtithin t\"renty (20) <tays, all rrnpaid assessltents which becarne dtre
prior to the date of naking such request shall be subordinate to
the interest of the person naking srrch reclrtest.
First ttortgagees of Lots lrhich acquire title to the
Lot as a resrrlt of obtaining a deed in lieu of foreclosure and
purchasers of Lots at foreclosure sale foreclosed pursuant to
any First ltortgage shall not be liable for any Assessments
excepC those accruing dtrring the period when srrch mortgagee or
purchaser is the Owner of said Lot. The lien for any assessment
shall l-re junior and subordinate to any recorded First llortgage
placed on a Lot in good faith and for value and perfected by
recording in the office of the County Clerk and Recorder of
Eagle Corrnty, Colorado prior to the tirle a notice of lien is
recorded in said office pursuant to Paragraph 16 hereof.
18. Insurance.
(a) The Association shaII naintain comprehensive
public liability insttrance in a nininun anount of $Ir000r000.00 per single occurrence, l{orkmen t s Compensation coverage upon any
enployeesr and srrclr oEher liability insttrance insuring the
Assoeiation, the Board, nanagers and agents in connection with
the Comnon Area as the Board deternines.
(b) The Board shalt have the por.rer, in its
diseretion, Co obtain ficlelity bonds to protecL against
dishonest acts on the part of Associationrs officers, directors'
trustees and enrployees, and all others vho handle or who are
responsible for handling Association funds. Such bonds shall be
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o2265
in srrch amounts and rrpon such terns as the Board determines in
its sole discretion.
(c) The Board shall have the power in its
<iiscretion to obtain officers and directors liability insurance
insrtring the officers ancl directors of the Association against
liability asserted against thenr in their capacity as officers
ancl <l irectors of the Association or nerrbers of the Connittee.
(d) The Roard sha1l have the power t.o obtain
such other insurance as iL may deen desirable for the benefit of
the O\rners.
(e) If the aggregate replacerlent value of alI
the inprovements consLructecl by the Declaranc or the Association
upon the Coruron Area which are srrsceptible to damage or destruction by risks covered by a fire and extended coverage
insrrrance policy exceeds $5,000, the Roarrl shal.l obtain sttch a policy in the arnorrnt of the estinated replacenent value of such
improvernents. Such insurance shalI nane the Assoeiation as thb
i nsrr re d.
(f) Al 1 policies of insrrrance required or pernitted to be carried hereunder shall be issued by responsible
insrrrance conpanies authorizecl to rio business in the State of
Colorado, and shall provide that the insurance thereunder shalI
be invalidated or suspended only in respect to the interest of
any particular owner guilty of a breach of varrantyr actr
omission, negligence or noncornpliance !rith any provision of such policy or who 1:ennits or fails to prevent the happeninq of any
event, whether occrrrrinq before or after a lossr which under the provisions of srrch policy worrld otherwise invalidate or suspend
t.l-re entire policy, but the insurarrce rrnder such policy' as to
the interests of all other insured (hrners not guilty of any such
act or ornission, shall not be invalidated or suspendeci and shall
rernain in frrll force and effect, and shall further provide that
the policy cannoL be cancelled, rnaterially alterecl or allowed to
lapse except rrpon ten days prior vrritten notice to each or.tner
and t'i rst l.lo rtg agee.
(S) The Association and each owner hereby rraive
and release any and all claims which they nay have against any
orrner, the Assr>ciation, its officers, members of the board, its
enployees anrl agents r the l)eclarant and any nanager and its
respective employees or agents, for darraqe to any portion of the
Property or the inprovernents or personal properLy located thereon, caused by any casualty, to the extent that strch danage is covered by fire or any other f orrq of casualty insr.rrance. AlI policies seeured by the Association rrnder this Paraqraph shalI
contain rraivers of the insuror's rights to subroqation as to any clairr against the Association, its Boarci of Director, agents 'enrployees and aLl o\,rners anrl shaLl further provide that the insuror shall not be entitled to contribution.
(h) In the event of substantial danage to, ot:
destruction ofr any part of the inprovernents constructed by the
Declarant or the Association on Connon Area r dtry insurance
proceeds shall be appl iecl to re1>air or replace such improvernents. If all insrrrance proceeds are not so used by the Association, the balance shall be distributed to the ovrners and
their respective First llortgagees, as their interests nay
appear, and no owner or other party shall be entitled to priority over the holder of a First t{ortgage on a Lot with
respect to any srrch distribution.
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o2265
19. Appointnent._gq_AlqgEnelci!:89!. Each ttember of
the Association, by his acceptance of the deed or other convey-
ance vesting i.n hin an interest in a Lot, does irrevocably con-
stitute and appoint the Association with full power of srtbstitu-tion as his true an<l lawfrrl attorney in his naner place and
stead (i) to deal with his interest in the Association upon dam-
age to or destruction, obsolescence or condemnation of the
Property as hereinafter provided, (ii) to enter into agreenents
regarding the Connon Area including but not linited to leasesr
rights of wayr and ingress and egress agreenents with full polrer, right and arrthorization to execrrte, acknowledge and deli-
ver any contract, deed, proof of loss, release or other instru-
ment affecting the interest of srrch owner, and (iii) to take any
other action, which the Association nay consider necessary or
advisable to give effect to the provisions of this Declaration
or to perlforn its duties hereunder. If rerluested to do so by
the Association or Declarantr each owner shaIl execllte and cleli-
ver a writtnn instrrrnenl conf irning strch appointrnent. The
action of the Association in settling any danage or condemnation
clairn shall be final and hinding on all ()rrners. Ilo ()rtner shall
any rights against the Association or any of its officers or
directors with respect thereto except in the case of fraud or
gross negligence.
20. tlortggee rg._&1gb!9.
(a) Each First llortgagee upon vtritten request by
srrclr holder to the Board, shall receive any of the following:
(i) Copies of budgets' notices of
assessnent.s, insurance certificates, or any other notices or
statements provided by the AssociaLion all of which shall also
be provided any ourner upon requesti
(ii) Any audited or unarrdited financial
statenents of the Association within ninety (90) days following
the end of any fiscaL year, which are prepared for the
Association and 11 istributed to the owners; provided' howevert
the hol<lers of First tlortgages on fifty-one percent (5It) of the
Lots srrbject to this Declaration shall be entitled to have an
atrdited financial statenent prepared at their expense if one is
not otherwise availahle;
(iii) Copies of notices of neetings of the
owners and the right to be represented at any srrch rqeetings by a
designaterl representative ;
( iv) llotice of the rlecision of the Ovrners or
the Association to nake any rlraterial amenclment to this DecLara-
tion, t-he By-Larrs or the Articles of Incorporation of the Asso-
ciationi
(v) llotice of srrbstantial danage to or
destruction of any Lot, or any part of the Connon Areai
(vi) llotice of comrnencement of any condenna-
tion or eminent donain proceedings with respect to any part of
the Lots or Conrron Area;
( vii) Ilotice of any <lef ault of the holder's
Ohrner which is noL cured by the C)\tner within sixty ( 60 ) days
after the giving of notice by the Association to the Orrner of
the existence of t.he defarrlt;
- 16 -
02265
(viii) the right to exanine the books and
recor<ls of the Association at any reasonable time.
(ix) Any lapser cancellation or modification
r:f any insurance policy or firlelity boncl naintainert by the Asso-
c i at ion.
(b) The request of a Fi rst l'lortgaljee shall
specify which of the above it desires to receive and shall
indicate the address to which any not,ices or docurrents shall be
sent by the Association. Failure of the Association to provide
any of the foregoing to a First ltorf-qagee vrho has rnade a proper
request therefor shatt not affect the validity of any action
which is related to any of the foregoing. The Association need
not inquire inbo the validity of any request nade by a holder of
a First llortgage hereunder and in the event of multiple reqttests
from purported holders of Firs! llorCgages on Ehe sane Lot, the
Associat,ion shall honor the most recent request received.
(c) llo violation or breach of, or failure to
conply with, any provision of this Declaration and no action to
enforce any srrch prorrision shaIl affectf defeat, render invalid or inrpair the lien of any holder of a First ltortgaqe taken in
good faith and for value and perfecLed by recording in t,he
alrpropriate office, prior to the tine of recording in said office of an instrument describing the Lot and listing the nane or nanes of the ()vrner or owners thereof and giving notice of
such violation, breach or failure to conply. llovrever, any
purclraser on f oreclosllre or person accepting a deed in lietr thereof shall- take subjecU to this Declaration.
(d ) Fi rst ttort-gagees rnay ' jointly or s ingly r PaY taxes or other charges which are in defarrlt and vhich may or
have becone a charge against the inprovements constructed by the
Declarant or the Association on the Connon Area and nay pay
overdue prerniuns on hazard insrrrance policies, or secure neit
hazard insurance coverage on the lapse of a policyr for such
Connon Area irnprovenents and First tlortqagees naking strch
palments shal1 be owed imnerliate reirnbrrrsenent therefor f rom the
Association.
(e) Unless at least sevent,y-five percent (75t)
of the First- llortgagees (based upon two votes for each such
nortgage held on an original Lclt and one vote for each such
mortgage on a Suhlot) and Orrners holding at least 758 of the
total votes in the Association have given their prior writEen approval, the Associat,ion shalI not:
(i) change the rnethorl of determining the
obligatlons, assessnents, dues or other chargr-:s which nay be levied against an Owneri
(ii) by act or onission, seek to abandon'partit,ion, subdi.vide, encurnber, seIl or transfer the Cornmon
Area; provided, holever, the granting of easernents for pubJ.ic
utilities or for other prrblic purposes consistent with the
intended rrse of the Cornnon Ariea shall not be deemed a transfer within the neaning of this clausei
(iii) use hazard insurance proceeds for
losses to inprovenents on the Corxnon Area for any prrrpose other
than repair, replacement or reconstruction such improvenents;
-L7-
o
o2265
(iv) by act or omission, change, wai.ve or
abandon any scherne of requlations or the enforcenent thereof t pertaining to the architectural design or exterior appearance of
the ttones, the exterior maintenance of the Hones r or the
rraintenance of the Coruron Areai
(v) if the aggregate replacenent value of
all the improvenents constrllcted by the Declarant or the
Association on the Conmon Area which are susceptible to danage
or destruction by risks covered by a fire and extended coverage
insrrrance policy exceeds S5r000, fail to maintain fire and
ext,enclerl coverage insurance on such irnprovernents on a current
replacernent cost basis in an anount not less than one htrndred percent (100C) of the insrrrable value (based on the then current
replacenent cost) .
2L. Revocation or Anendment to Declaration. This
De c I a r a t i o n s h alfil5E-56-Fe voFe-cl--io ;=h=Tf ant-o f t h e p r ov i s i on s
herein be amended unless or/rners represent.ing 75t or nore of t.he
t,otal votes in the Association, 75t or nore of the First
Itortgaqees (based upon two votes for each such nortqage held on
an oriqinal Lot and one vote for each srrch mortgage held on a
SubLot ) and the Declarant ( provirletl that Declarant's con,eent shall onJ.y be required within 5 years after this Declaration is
recor<led ) consent and agree to such revocation or arnendment by
instrunent(s) duly recorded. llotwithstanding the foregoingr the
Declarant nay anenrl or revoke any provision of this Declaration .to conply with the requ irenents of any governnental entity or
agency or to eonrply with the requirements of the Federal llational ttorLgage Association or any sinilar private entity with
the consent of only 75t or rlore of the First ilortqagees (based
on the voting set forth abr:ve). llotwithstanding any other provision of this Declaration, this Declaration nay not, be
revoked or arrended without the written consent of the Town of Vail.
22. Construction Requirenents.
",
tt" ;;other structure shalr be erecterl ,placedr aLtered or reconstructed on any Lot (for purposes of
this paragraph rrl,otrr shall include the carage Area [if any]
appurtenant to the tot) and no addition shall be nacle to any
Horne until the construction plans and specifications and a plan
showing the location of the Hone or other structrlre have been
approved in writing by the Architectural Control Conmittee;
(b) llo fence or wall shall be erected' placed or
altered on any Lot, nearer to any street than the nininun setback
required and only as approved by the Cornnittee.
(c) llo trees shall be renoved fron a Lot ' no
exterior strrrctrrre, antenna or other exterior addiLion or alteration of a Lot shall be permitted, and no repair or
reconstruction of the exterior portion of the improvements on a Lot shall be pernitted withorrt the prior written approval of the
Cornmi ttee.
(d) AII landscaping on a LoL shall require the
advance written approval of the Conrnittee and shall be
naintaine<l in accordanee r,rith the requirenents established by
the Cor,rnittee.
(e) llo other constructionr excavation, repairt
alteration or other work shall be done on a Lot (other than work
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solely inside a Hone) vrithout the prior written approrral
Conmi tt.ee.
02265
of the
(f) llo painting or staining (other than painting
or staining in the original color or stain) or other change to
the external appearance of a Horle or a Lot shall be permitte<l
without the consent of the ConmiLtee.
(g) Prior to taking any action that wot.tld
re<1ui re the consent of the Connittee set forth in subparagraphs
(a), (b), (c), (d), (e) and (f) above, the o$rner shall do the
following to the extent the Committee deternines they are appli-
cable to the request: (i) obtain the approval of tlre Design
Revievr Board of the Tovn of Vail (if required hy the Town of
Va i]) , ( i i ) del iver a cornplete set of constrllct ion plans and
specifications to the ConnitteeT showing in detail the design,
constrauction, color and appearance of the irnprovenents to be
constrrtcted on the Lot, describing rrthat trees will be renoved
frorl Ehe Lot and showing the excavation' grading and area to be
cleared in connection with the construction' (iii) deliver the
certification of a professional engineer Lo the effect that the
plans and specificat-iqns comply with the Design tlanual.and that
ea or
Envelope and Parking Area or Envelope and alI other structures
will be located within the Builciing Envelope for such Lot as
shown in the Exhibit B and (iv) provide srrch items as nay bc
recluestecl by Lhe Connittee in it.s sole discretion. The
Connittee nay also require the owne r to pay the cost of the
Cornnitteers consrtlting vrith engineersr architects or other
experts as t.o ther effect of the proposed const on on the
geotechn ica rtv and whether suc
(h) The Connittee nay refuse to grant any
request hereunder unless (i) the construction complies with the
Design llanual, (ii) the garage ancl parking are located in the
Garage Area or Envelope and ehe Parking Area or Envelope and all
other structures are located within Lhe Building Envelope for
t.he Lot as shorrn on Exhibit B' (iii) the irnprovernents will com-
pty with all other provisions of this Declaration an<l (iv) all
Torrn of VaiI zoning, Building Code and Design Review Board
requ irenents have been conplied with. In considering any
request, the Conrnittee nay also consider (i) whether the pro-
posed construction cornplies as to cluality of clesignr materials
and harrnony of exterior design with existing structuresr loca-
t ion vr ith resi)ect to topog raphy and f in ishect g ra<le e levat ion r (ii) whether the construction and tree renoval plans involve the
least disburbance to the natrtral appearance of the Lot as is
practical and (iii) srrch other factors as it determines are
relevant.
( i ) The Architectrtral ControL Connittee shall be
corrposecl of the nenbers of the Roard. Connittee mernbern shall
be a nerrber of the Conr,ritLee only for srrch period of tirne as
they are nenbers of the Board. llewly-elected menbers of the
Board shall accede to all righbs as a nenbcr of the Cornnittee
imrnediately upon assuninq the duties of a nember of the Board.
AII actions of the Cowrittee shall be taken only by a najority
of the Conrnitt-ee menbers present and voting at a Committee meet-
ing at which a qltorun is present. A quorun f or the Cornmittee
shall be Lhe sane as a quorulx for the Board.
(j) AI 1 orrners of Lots shall be given ltritten
notice of rneetings of the Comr,rittee not less than three days
- 19 -
D2265
prior to such neeting. Failure to girrs srrch notice by placing
the notice in the lrnited States nail, first class postage pre-
pairlr or hy hanct delivery to each ownerrs Horner shall reqrlirq
the Connittec to postpone its neeting until srrch tine as ade-
qrrate notice is properly given.
(k) Corunittee menbers shal] serve vtithout con-
pensation. AII expenses reasonably incurred by the Conunittee in the perfornance of its cluties inclrrding without linitation the
expense of reports or consrrltations f rorn archiCects I engineers I attorneys ancl other professionals sha1l be paid or reirnbursed by the Association except if the same are incurred in connection with the consideration of a specific request,, Ehe Comnittee nay
charge srrch expenses to the reqrresting Owne r.
(I) The Connittee shall approve or disapprove'
with or without conditions, any iten subnitted to it within
thirLy (30) days after the CoFrnittee has received sufficient
inforrnaLion on which to base its decision. Conmittee approval
shall not preclrrde an owner frorn initiating arbitration to
enforce the provisions of this Declaration. Any owner lrho
reqrrested Cornnittee approval nay seek review of the Connitteers faiLure to approrre or disapprove within the tiroe required or the
disapproval or conditions attached to any approval by comrencing arbitration pursrlant. to paragraph 27 of this Declaration within sixLy (50) days afEer the date of the Connittee's failure to acL or of the decision vrhich is being appealed. An oi{ner nay seek
reconsideration of his application, in vrhich event, the tirne lirnit for appeal shall begin upon receipt of the Conmit.teers
clecision ripon reconsicleration. Du ring the pendency of any
arbitration or jrrdieial review of an arbitration decision' the
owner who sought Connittee approval of the natter being appealed shall not proceed with t,he proposed construction.
(n) Drr ring the constnrction of irnprovenents
after their approval by the Cornnittee, all trees nust be clearly
rlarked to show the trees to renain and the trees that will be
renoverl . A1 1 for:ndation locations nrst be staked and the con-
strrlction area rtay not extend beyond 20 feet fron the founda-
tions. Ilo constructionr excavation or vegetation removal shall
be conr,renced until a Building Perrrit for the proposed irnprove-nent has been obtained after conpliance with the Town of Vail
Building Code and Fire Code.
25. Subdivision of Original Lots. llo portion of the
Property anrl none of the t.lriginal Lots shall be subdivided except as provided in this paragraph. In the event a Duplex is
constructed on an Original Lot r such <-lriginal Lot nay be sub-
cl ivided into two Sublotsr provided (i) aIl requisite subdivision
approvals have been obtained from the Tovrn of Vailr (ii) the
conmon party wall which separates the Duplex Units of the Duplex
lies on the lot line dividing the rlriginal Lot into the two Sub-lots so that each D:plex Unit is situate totally within its
respective Srrblot , ( ii i ) assessr.rents levied against the ()riginal
Lot being srrbrlivirle<l are paid in f rrIIr ( iv ) any Garage Area or
Envelope and Parking Area or Envelope for the Lot is divided s<>that apporxirnately one-ha1f of each such area is appurtenant to
each srrch Srrblot, and ( v ) ehe subdivision otherwise connplies h'ith all provisions of this Declaration. After an original Lot
has been subdivicleri into t r,rro Sublot.s, all assessments and other
charges which worrld have been assessed with respect to the ori-
ginal Lot shall thereafter be assesserl eqrrally to each of the
two Sublots cornprising the t-lriginal Lot ancl the lien vtith
respecL to sr.rch assessnents and other charges sha11, thereaftert
-20-
o2265
only at.tach with respect to the Srrhlot to vrhich they have been
allocated. onco an Original Lot has been sr.rbdivicled into twcr
Srrblots, no f urther srrbdivision of t.he {rriginal Lot or Sublots
shall be perr:ritted. In the event of t.he danage' destruction or
reconstruction of the Drplex situated on an Original Lot that
has been divided into two Sublols, Ehe rebuilt structure musE
also be a Duplex ancl the party wall dividinq the Duplex into two
Duplex Units rnust be sitrrated on the lot line separaLing the
Original Lot into the two Sublots so that each Duplex Unit is
sitrrated totally within its respective Sublot. After
srrbdivision of an <lriginal Lot into Srrblots, the owner of each
Sublclt shall be deened an ()wner hereunrler f or all purposes
(except that the o$rners of srrch Sublots shall be Class B menbers
of the Association as provirleci in paragrapl'r I3(l:) ) r the Sublots
shall be inclr.rded within the definition of Lot (unless the
context otherwise requires), and the tern "!'irst llortgagee"
shall include the holder of a first deed of trust or First
Itortgage on a Srrblot.
26. ltailing _of tlotices. AII notices' denands or
other correspondence intended to be served ttpon an tJbtner shalI
be sent l-ry certifierl rnaiI, postage prepaid, addressed in the
nane of Buch owne r at the Lot nrrnber of such ovrner or address
assigne<l to such Lot, or at srrch other adclress as an ovner
notifies the Association of in writing from time to tine. A1 I
notices, denands or other correspondence intended to be served
upon the Roarri of Llirectors of the Association, the ConFlittee or
the Association shall be sent by certified nrail' postage prerpaid
Co or to such other adclress as nay
ne uiven-f;.rr -tfne-fo-tir"e.-- nf f notices, denands or other
corresponclence shall be deened given upon deposit in the United
States nails, as heroinabove specified.
2 7 . Alq l_t_r_a gl_-on_Re qqt_Ieq-F or_Any c I a im_Egle g3{g!.
Except as otheryise herein providecl r any controversy or clain arising out of or relating to this Declaration, or the l-rreach
thereofr shall be seLtlerl by arbitration in the State of
Colorado, in accordance with the Rrrles of the Anerican Arhitration Assoeiation, and judgnent upon the award rendered by
the Arbitrator(s) nay be entered in any Cortrt having jurisdiction hereof; provided, however, that. this paragraph
shall have no applicability to any remedies available to a
mortgagee under Colorado law or to renedies available to Lhe
Association for collection of assessnents or foreclosure of a
1 ien uith respecC thereto.
28. Tern of Protective Covenants. The provi.sions of
this Declaration shall continue in full force and effect for a
tern of 2{) years fron the date this Declaration is first recorrl-ed' after which tirne this Declaration shall be autonatically
extende(l f or srrccessive periods of 10 years r unless an instrrr-
nent signed by ovrners representing an ?5t or more of the votes
in the Association and 75t or nore of the Firse l,lortgagees
covering or effecting the Lots (based on two votes for each such
nortgage held on an {)riginal Lot and one vote for each such
mortgage held on a srrblot) r has been duly recorded, agreeing to
terrninate this Declarationr provicled that if any provisions of
this Declaration shalI be unlawfrrl, void or voidable for viola-
tion of the rule against- perpetrrities, then such provisions shall continue only rrntil 21 years after the death of the strrvi-
vor of che now living decendants of the Presiclent of the United states, Ronald Reagan ancl the Governor of the State of Colorado t Richard Lann.
-2r-
o2265
29. Acceptance of Provisions of A1l Doqrtnenls.- Tho conveyance or encumbrance of a Lot shall be deene<l to lnclrlde
the acceptance of all of the provisions of this Declaration and
the By-Lalrs and Rules and P.egrtlations of the Association, and
shall be binding upon each grantee or en<:urnbrancerr its
successors and assigns \"rithout the necessity of inclusion of
srrch an express provision in the instrument of conveyance or
encurnbrance.
30. Sales and Construction Facilities.
tlotwithstand ing-iiffirovfsion to-EEa;ontrary c,rntained herein,
Declarant, its agents, enployees and contractors shall be
perrnitted to nlaintain during the period of any constrrrction on'
and sale of, the Lotsr upon srrch portion of the Property as
Declarant nay choose, srrch facilities as in the sole opinion of
the Declarant nay l>e reasonahrly required, convenient or
incidental uo the construction, sale or rental of the Lot,st
inslrrding withorrt lirnitation, a brrsiness of f ice, storage area,
constrlrction yards 7 signs , rnodel llcrnes , sales of f ice, construc-
tion office, parking areas ancl lighting and temporary parking
facilities foi all frospective tenants or purchasers. In addi-
tion, Declarant, its agents I errployees and contractors shall
have the right to ingress and egress over the Cournon Area and
the Lots as in Declarant's discretion rnay be necessatY tntcP)l /.tt.plete the constrrrction of inprorremenFs to ehe Property.rt/( tt'l/4-/2!17/c//'L",1.-*4{-& J,f{re/^i.u;"
standing anything to the contrary contained in the Declaration,
the Declarant expressly reserves unto (a) itself its enployees t
successors and assigns, its agents r representatives, contractors
anrl their enployees, the purchasers of aII or any portion of any
property norrt or her:eaf ter owned by Declarant, and their succes-
sors and assigns, easenents and rights of way on, over and
across all or any part of the Connon Area for vehicrtlar and
pedestrian ingress and eqress (b) itself, its stlccessors ancl
assigns ( incllrding any district or other entity providing irater,
sevre r, qas, oil, electriciLy, telepltone, cable television or
other sinilar services co acl j acent or proxinate properLy now or
hereafter owned by Declarant. to which Declarant sha1l assign any
of its rights herennder) easements onr over anri uncler and across
alL or any part of the connon Ar:ea for installationr use, nain-
tenance and repair of aII lines, wiresr pipes and all other
t,hings necessary for a1I such services, provided that any such
lines, wires or pipes shall be undergrorrnd antl f urther provided
that alI work done in connection therewith shalI he perfornecl
with reasonable care and the surface of said easenent and right
of lray area sha1l be restored to the level and condition that
existed prior to the doing of such work;
32. ceneral .
(a) If any of the provisions of this Declaration
or any paragraph. sentencer clatrse, phrase or wordr or the
application thereof in any circunslance be invalidated, such
invalidity shall not affect the validity of the renainder of
t,his l)eclaration, and the application of any such provisionr
paragraphf sentence, clarrser phrase or word in any other circun-
stances sha1l not be affected thereby.
(b) That whenever used hereinr r:nless the con-
text shall otherwise provide. the singrtlar nrtmber shall include
the i>lural, the plural t-he singularl and the rrse of any gender
will inclurle al1 genders.
-22-
o2265
Ill ltITtlESS THEREOFT the undersignedl as Declarantr has
duly executed thle Declaration this _ day of , 1984.
I.K.S. VAI'. ASSoCIATES' a
Itichigan partnership
By: TH0I!-ROY ASSoCIATES' a
tlichlgan partnershiPl
General Partner
By: K. E. llAllAGEttEllT ' IllC. , a
Itichigan corporation,
Genoral Partner
By
Keith J. Pomeroy,
Preeident
STATE OF COLORADO
CITY AND COU}ITY OF DEIIVER
ss.
The foregoing instrumont was acknowlodged before ne
this _,___ day of ____--_, 1984 by Keith J. Poneroyr ae
President of K.E. llanagenent, Inc. I a corporationr as General
Partner of Thorq-Roy Aaeociates, a llichigan partnsrshlp, as
General Partner of I.K.S. Vail Associatea, a general partnership.
Ity cornnission expires:
Ilotary PubIic
Address:
-23-
02275
EXI{IBIT A
VAII. TN()DS ACCORDIIIG THE THE PLAT RECORDED III B(X)K AT
PAGE , COIJIITY ()F EAGLE, STATE OF COLORADO. ACCORDIIIG TO THE
PLAT RECORDED JrtrlE 15, 1978 rr{ BOOK 27I AT PAGE 144, COUIITY or'
EACLE, STATE 0F COLORADO.
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f 5-1,o0C. og bc L',e letd b!' tt 8r a icsuit oS l:! r::n.r I r,g c.l :-l-; i,ei. Lrt';-,j'.--'i'*.:
ai't.' rlq1il:-aC ltr:re 1A of Credit ustlI ihc :.r:"F: et lon ot tha ft8!?tT'
4. : j'-h:: i '-11:' ':"": z) ht-r3l!: sl:!ll I'o Cccrsd Lc ''!!:'i't:8
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rltlin t!:it c-Jt:Lrcct shali lrc con+trrtl Gr d{.-cl:s'l Le b' cttn$ Lr'e'
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5. lt :a tutilter r3re:d chlt Fe:t!':nt :J th€ FrcviSic(lc ...
of grctlon !0-:3-13? [l] ' calorsdo ?'te!talt stltut" 19?!' el ::€a"il '
tl.!t: !l- Lte fi.€ 3f ;r'r';ir:i!r:r clf ll'g lr;':"'"'::nti rsq':i:o'l l'r':ttn
rnd accelta;:;a the:€3f bY t.l.'c B-'elrC'- rht 3os:'J 3f':l'! rir:::'-' t ';:-'!
S6!,,10i1.c3 !':1:r9 lelC by lt'' if :L'e E:'lrd defc:'r j::eo l'l!! lry ot
e'ich l::Pl.,'i-..rlt1':s :=€t no! *f-;1s: ruclcd in tuLrt-a'1t1':l '.:'-;!i::\:t
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'li,c i"*-:,:r l,= r..:!v ;grr.rs tc !r lt:=_1f;. .r.:r J lroi d har-al ccl thr 5:e.:i, e:"1 6:.t r.f !.:a cff!re:t. aLL_:rir. r:t.i cr;i:ov.er rsalnrt a!,l3r$.t, l'!:.'-:.r, .tri-:::s .r5 t!8bt: itlca tr -.iic:r .4oarJ or eoy ruch o!1:r cfil:r:rr ! :gcr:3, cr eiii2.vct' ':iy !cocc,:e r.;LjccE to. lnrofrr rt :ey r'r:h lccscr, cinr=:, c.--AEe6 or r isbir i.: !.er (or acttonr !8._rlrpccc
the:ecf ) iblt ,rlra out of or erc barcJ ul -r:r e:.rv per f craancc Uy O^ar'or C:::;rcicr hc:cu:.rder; .r'nC fhe G<,er rLttI rcleburrc Board fof l'ny C:'i s: i .r c: st o, ...:tli-: n-t;1.irsg relri.:a\,1 y lnc..rrred by Boer,J tn Con-ii.:::--!r: t'::h lr r'., : I !. ; ,-._ t ..6 .:7 CcfeaC!:.g ar,' s-rch l cra, clal-n, danrgr,
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f :..r1 t\c as-rlfa:rce brr il:r ::r;,j o: JDulr:T C..::1r,(lon..:r of lhe rordr
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