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Home My WebLink AboutELK CREEK TOWNHOMES COMMON ELEMENT A RESUB OF LOT 34 BLOCK 1 VAIL POTATO PATCH LEGAL.pdffrr*,8H" Ejlc 6r?r.f,iownhomcs Design Review Board ACTIO]T FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tef : 970.479.2139 fax: 9VO.479.2452 web: www.vailgov.com Project Name: ELK CREEK BOILER Proiect DescripUon: ProjectAddress2 767 POTATO PATCH DRVAIL Location: 767 POTATO PATCH DRTVE Legal Description: Lot: 34 Blockl 1 Subdivision: ELK CREEK TOWNHOMES Parcel Numben 2101-063-2000-8 Comments: see conditions DRB Number: DRB060123 COMMON ELEMENT-FINAL APPROVALTO INSTALL A SNOWMELT BOILER FOR A COMMON DRIVEWAY Participants: OWNER SARAEUZABETHCHARLESTRUSTO4/25I2006 PO BOX 3591 VAIL co 81658 APPUCANT MICHAEL CHARLES. PRESIDENT, 04125/2006 Phone: 904-4000 PO BOX 3691 VAIL co 81658 Motion By: Second By: Vote: Conditions: BOARD/STAFF ACTION Action: APPROVED Date of Approval: 05/01/2005 ,/r/ob Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). C.ond: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 DRB approval shall not become valid for 20 days following the date of approval. Cond: 202 Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Cond: CON0007982 That no existing trees be removed in association with this application and without a landscape plan approved by DRB. Planner: Matt Gennett DRB Fee Paid: $25O.OO Minor Exterior Alterations Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 teli 97 0.479.2128 f ax: 970.479.2452 web: www.vailoov.com General Information: All prolects requiring design review must receive approvai prior to submitting a building permit application. please refer to the submittal requirements for the particular approval that is requested. An application for Design Review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental C-ommission. Design review approval lapses unless a building permit is issued and construction commences within one year of the approval, Application for Design Review $20 For minor changes to buildings and site re-roofing, painting, window retaining walls, etc. $20 For revisions to plans already Design Review Board. No Fee tr\5r-^r^L 6$cu.)tAELT toLr Fa v Location of the Proposal: t-ot: 3{ Block: I Subdivision: P2TAr? ?ATZd ?< I physicaf Addressi '7 b1 Porxrc €*l,:c-* DP W parcel No. :';;;: :A ZfSZffi"f## H1!'!e."'v*,'ts^-8,ffi'lo "ffEX" r O Tanina. t l^lcrr,\aLt€^l^ a* a\2.1-9 - JA.lv\gI L t<tur Bor..r I | \ Name(s)of Owner(s): Joa{L1 1.6e(eL,bl - {{c-i XirL.r^.eo - Mnpl,\,to llt€l_/i' \r/ MaifinsAddress: * *nlll'a.fi*^offi- , ..o euts? n - , ---: =--= O Owner(s) Signature(s): Nameof Applicaff Mrc-rtae- 4r{ ARrcs gR1Jr06^rr Et-tLcz4iLk ASS$.-t Mailing Address: Po \oK 7 Lq ( [ *Lv A. I tb (t f\/i!::-ffi1r v'Type of Review and Fee: ! Signs $50 Plus $1.00 per square foot of total sign area. n Conceptual Review No Fee ! New Construction $650 For construction of a new building or demo/rebuild. tr Addition $300 For an addition where square footage is added to any residential or commercial building (includes 250 additions & interior conversions).'l*\Minor Alteration $250 For minor changes to buildings and site improvements, such as. / (multi-family/commercial) re-roofing, painting, window additions, landscaping, fences and (--Minorfirerafon (single-family/duplex) Changes to Approved Plans Separation Request ! tr Description of the Request: Phone: retaining walls, etc. n{Fcf9, / Planning APR [FrcFsWd[F n - ln\ staff or the ]l ll 2 4 2006 1l/j U --==;,4tt- 9- i1 'ob DRBN..: ry? $ r'r ct:. f.r-t ;iri... ELK CREEK TOWNHOMES ASSOCIATION 4pri124,2006 Town of Vail Department of Community Development 75 Frontage Road Vail, CO 81657 Dear Sirs, This letter is to confirm in writing the approval by the Elk Creek Townhomes Association of the proposed repair / replacement of the existing driveway. the proposed repair is as follows: I Add snowmelt boiler and system to heat 3000 s.f. of common driveway section. The Association has given their approval and support ofthis proposed repair. Ifyou have any questions or require any further information, please do not hesitate to contact me. Sincerely, ,- Michaelcrrfres -_---r---President - Elk Creek Townhomes Association office:970-949-6339 cell:970-904-4000 email:mcharlesl@mcpsvail.com Elk Creek Townhomes Association 767 Potato Patch Drive PO Box 3691 Vail, CO 81658 TOWNOFVAIL, COLORADO Stsatetnent Nurnber: R050000443 Afiroultt: $25O.OO 04/25/200602:35 PM Statement Inits: iIS Notation: 4994/vf C Palment Metshod: Check MANAGEI4ENT DR8050123 T!t)e: DRB-Minor Alt, CorEn/Multi 2101-063-2000-8 757 POTATO PATCH DR VAII, 757 POTATO PATCH DRTVE $2s0.00 Total- Fees: Total- ALL, Pmts : Bal-ance : * **** **rt**** * ******** ***** * * * * ** *** **** ** * * ****** * * * Permit No: ParceL No: Site Address : Location: This Payment: ACCOUNT ITEM LIST: Accolrnt Code DR 0010 0 003 LL22A0 DescriDtion $2so.00 $2s0.00 $0.00 DESIGN REVIEW FEES Current Pmts 250.00 C6'I.''I'Y E€IELOFI€i|' Deeign Review Board ACTION FOR]II Department of Community Deyelopment 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 tax: 97O.479.2452 web: www.vailgov.com Project Name: Project Description: DRBNumber: DR8050473 COMMON ELEMENT.RNAL APPROVAL TO REMOVE DAMAGED DRIVEWAY AND REPLACE SAME FOR SAME Participants: OWNER SARAEUZABETH CHARLESTRUSTO9/06/2005 PO BOX 3691 VAIL co 81658 APPLICANT SARA EUZABETH CHARLES TRUSTOg I 0612005 MICHAEL CHARLES PO BOX 3591 VAIL co 81658 ProjectAddres= 767 POTATO PATCH DRVAIL locaUon: 767 POTATO PATCH DRWE Legal Description: Lot: 34 Blodc 1 Subdivision: ELK CREEK TOWNHOMES Parcel Number: 2101-063-2000-8 Comments: SEE CONDffiONS Mouon Byl Second By: Vote: Conditions: BOARD/STAFF ACTION ACtiON: STAFFAPR Date of Approval: 09/09/2005 Cond:8 (P|-AN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond:0 (P|-AN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 DRB approval shall not become valid for 20 days following the date of approval, C-ond: 202 Approval of this p@ect shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Cond: CON0007515 DRTVEWAY TO BE INSTALLED IN FOOTPRINT. Planner: Joe Suther PHASES. MUST MATCH EXIfiNG MATERIAL AND COLOR AND I DRB Fee Paid: g2so.oo \lli(,.,fd 1{IGHTY IHER}I AP Gas Fired Commercial Pool Heating Boiler Powerful, Efficient, Reliable and Economical HEAITIIO STlsIEMS Mighty Therm Model AP energy efficient, compact pool heating boilers are designed for commercial, institutional and large residential pools where economical performance and rapid heat-up are needed. The Mighty Therm AP is available in indoor and outdoor models with twenty-two sizes from 500,000 to 5,000,000 BTU/H to precisely match any heating requirement. Primary/secondarypump and control on Models 5OO- 1825 include the following teatures: . Electronic controller with a solid state sensor and adjustable differential provides accurate temperature control. . Preheating inlet water elimi nates condensation. . Constant velocity in heat exchanger increase tube life. . Elimination of diverter valve in pool circulation line results in lower installation and operating costs. . Inlet and outlet thermometers with +1% accuracy allow precise set-up and monitoring of temperature rise. Greater energy efliciencies as high as 829o are achieved through the use of integral finned copper tubes which are rolled d irectly into the headers. Conformal heat exchanger baffles and an eight-fins-per-inch tubing conf iguration maximize combustion heat extraction. Desitn certified by the American Gas Association Laboratories under ANSI Standard 221 .13 and by the Canadian Gas Association. Outdoor units are certified for use without the addition of a draft diverter or external vent. Indoor units incorporate a built-in draft diverter and require only vent piping. Working pressure of 150 psi complies with Section lV of the ASME Boiler and Pressure Vessel Code. Units are registered with the National Board of Boiler and Pressure Vessel lnsoectors or the applicable Canadian provincial jurisdiction. Heat exchanter header covers are field removable for complete inspedion of tubing and header passages. The heat exchanger is replaceable without disassembly of the burners or combustion chamber. Pressure relief valve is ASME rated and is selected to provide discharge capacity in excess of unit heating input. Combustion chamber is Laars' cast refractory utilizing calcium aluminate cement with 2000'F (10939 working temperature. Bumers are atmospheric type constructed of AlSl alloy430 (models 500 - 1 825) or AlSl 439 (models 2000 - 5000) stainless steel. Chassis and iacket parts are of galvanized steel meeting ASTM Standard for G90 coating. Exterior is finished with acrylic paint, thermoset at 32 5'F (1 63"C). Salt water rnodels are available with cupro-nickel alloy heat exchanger tubes and bronze headers and header covers. On€-year/Five-year wafranty covers the controls, pump, heat exchanger tubes and combustion chamber for one year against defects in materials and workmanship. All other parts are warranted for five years f rom the date of purchase. Gontrol system meets ANSI t2l.aa and Ganadian Gas Association requirements including : automatic temperature control, temperatu re limit, gas pressure regulator, redundant electric gas valve (optional in Canada), water flow sensing, electronic flame safety supervision and manual gas shut-off valve. The standard control system operates on 24 VAC with a 120 VAC power supply. Natu ral gas heaters are equipped with interm ittent ig nition. Integral f,ow control Yalve on models 2000 - 5000 accepts flows uo to 300 GPM. Outdoor Models (E) Outdoor size Input' MBTU/h KW Output' MBTU/h KW Gas Connection'l Size - inches NPT Naturala LP4 Water Conn.'z Size tncheS NPT B Dimensions2 - inches (mm) ShipFing Weightl lbs. kgs 500 E 600 E 715 E 850 E 1010 E 1200 E 1430 E 1670 E 1825 E 500 147 600 176 715 210 850 249 1010 296 1200 352 1430 4r9 1670 489 't825 535 20 410 492 586 697 204 828 243 144 172 288 984 117? 3.U 1370 401 1497 439 1 1 1Vc 1 11lq 1 1Va 11/a 'lt/z 1t/a 11/z 11lq 2t lz 21lt 2tlz 21/z 21lz 21lz 21lz l3'la 143 383/a 984 50 1270 441/q 1124 55112 1410 5O3/c 1289 62 1575 58 1473 691h 1759 6611a 1683 77112 1968 76 1930 871h 2216 85'/z 2172 963/n 2457 92112 2343 1031lz 2629 3aa 949 431 455 1050 477 1100 499 1Z4o 563 1410 u0 rs70 713 1622 736 1725 783 2200 E 2800 E 3200 E 3600 E 4000 E 4500 E 646 zzo5 2745 8(U 3l so 923 3645 1068 4050 1187 4500 1319 1746 523 2223 651 25s2 748 2952 865 3241 961 3645 tO68 1 l2 2 21/z 11lz 2 2 4 4 4 651h 1664 73 1854 7a 1981 85112 2172 88 2235 95112 2426 IOOYz 2553 108 2743 1'l01/z 2807 118 2997 123 3124 1301lz 3315 z3zo to53 2500 1135 2a40 1289 t175 1142 3940 | 789 3790 1721 Notes: 1. Input and output must be derated 4% per 1000 feet above sea level when installed above 2000 feet altitude. 2. Dimensions are nominal. 3. lntegral pump included on sizes 500 - 1825. Outdoor - Models 500 - 1825 Outdoot - Models 2200 - 4500 \-- t\- 161/z (419) Dimensions shown in inches (mm). 'All specilicetions subjecl lo ciange. @@@@ffiql ggg ggg Egg E== (311) (1e7) ' (356) 4131,i (1060) Side Waterpik Technologies, Inc. 6000 Condor Drive, Moorpark, CA93021 . 805.529.2000 . FAX 805.529.5934 20 Indusfial Way, Rocfrester, NH 03867 . 603.335.6300 . FAX 603.335.3355 480 S. SeMce Road West. Oakville. Ontario. Canada LGK 2H4.5O5.U4.8233 . FAX 905.844.2635 wt A .laars.com Litho in u.S.A. @ Laars Heating Sysbms 0rm7 Document 3083H For lndoor Pools The selection charts below will assist in choosing the correct size boiler for an indoor pool. First, calculate the surface area of the pool in square feet. Second, refer to the selection chart for either an indoor or outdoor boiler. Third, find the closest square footage in the 10"(F) Temperature Difference column, and the boiler model which corresponds to it. For normal conditions Laars recommends using the 1 0" Temperature Difference columns; this will provide a temperature increase of approximately 6'F per 24 hour period. Foroutdoor Pools The selection charts below will assist in choosing the correct size boiler for an outdoor pool. First, determine the difference between the desired pool temperature and the average air temperature during the coldest month in which the pool will be used (referred to in the chart below as "Temperature Difference"). Second, calculate the surface area of the pool in square feet. Third, refer to the selection charts. Listed are the maximum pool surface areas for each boiler model with typical temperature differences. Make the appropriate selection from the separate charts for indoor or outdoor installed boiler models. hdoor lrlodel I Temperature Difference 10? 61 15T 81 20T 11T zsT 14T 3oT 17X 3sT r9r 40T 22r 4sT 25r sO"F 28t Surface Area of Pools (sq. ft.) 500 | 600 | 715 | 850 I 1010 | 1200 | 1430 | 1670 | 1825 I 2000 | 2450 | 3050 I 3500 | 4050 | 4500 | 5000 | 3900 362 4680 43s 5580 518 6630 616 7880 732 9360 870 11155 1036 13025 1210 14235 1322 16400 1524 20090 t866 25010 2323 28700 2666 33210 3085 36900 3428 41000 3809 2600 242 3120 290 3720 346 4420 411 5250 488 6240 580 7435 691 8685 807 9490 882 10935 1016 13395 1244 16675 1549 19135 l778 22140 2057 24600 2285 2733s 2539 1950 181 2340 217 2790 259 3315 308 3940 366 4680 435 5s80 518 6515 605 7'120 661 8200 819 10045 933 12505 1162 14350 1333 16605 1543 18450 t 7t4 20soo 1904 r 560 145 1870 174 2230 207 2650 246 3150 293 3745 348 4460 414 5210 484 s695 528 6s60 609 8035 746 10000 929 't1480 1066 13285 1234 14760 1371 16400 1524 1300 | 2l 1560 145 1860 173 2210 205 2625 244 3120 290 3720 346 4340 403 4745 441 5465 508 6695 622 8335 744 9565 889 11070 1028 12300 1143 13665 ' 269 1115 104 1340 124 159s 148 '| 895 176 2259 210 2675 249 3190 296 3720 346 4070 378 4685 435 5740 533 7145 664 8200 764 9490 882 10545 980 1't715 1088 975 9t 1170 109 1395 130 1660 154 1970 183 2340 217 2790 259 3260 303 3560 331 4100 38t 5025 467 6255 581 7't75 667 8300 771 9225 857 10250 952 470 81 1040 97 1240 115 1475 137 1750 163 2080 193 2480 230 2895 269 3165 294 3645 339 4465 415 5560 517 6380 593 7380 686 8200 762 9110 846 780 72 935 87 1115 104 1325 123 1575 146 1870 174 2230 207 2505 242 zat)u zot 3280 305 4020 373 5000 465 5740 533 6640 617 7380 686 8200 762 Outdoor ilodel E Temperature Diffetence 10T 6r lsT 81 20T 1IX 2s"F 14X 30T 17T 35T r9t 40T 22r 45T 25T sOT 2et Surface Area of Pools (sq. ft.) 500 E 600 E 715 E 850 E 1010 E 1200 € 1430 E 1670 E 1825 E 2200 E 2800 E 3200 E 3600 E 4000 E 4500 E 4000 372 4800 446 s720 531 6800 632 8080 751 9600 892 11440 1063 13360 ' 241 14600 t356 17861 1659 22235 2066 25515 2370 29525 2743 32805 3048 36450 3386 266s 248 3200 297 3810 354 4530 421 538s 500 6400 595 7625 708 890s 827 9730 904 11907 1106 14823 1377 17010 1580 19683 1829 21870 2032 24300 2257 2000 186 2400 223 2860 266 3400 316 4040 375 4800 446 5720 531 6680 621 7300 678 8930 830 11117 1033 127sa 1185 14762 137 | 16403 1524 14225 1693 1600 149 1920 178 2245 212 2720 253 3230 300 3840 357 4s75 425 s344 496 5840 543 7144 664 8894 826 10206 948 11810 1097 13122 1219 14580 1354 r330 124 1600 149 1905 177 2265 210 2690 250 3200 297 3810 354 4450 413 4865 452 5954 553 7412 689 8505 790 9842 914 r0935 t0t6 12150 1129 1 140 106 1370 127 1630 151 1940 180 2305 214 2740 25s 3265 303 3A1s 354 4170 387 5'lo3 474 6353 590 7290 677 8436 784 9373 871 10414 967 '| 000 93 tz00 111 1430 133 1700 1s8 2020 188 2400 223 2860 266 3340 310 36s0 339 4465 415 5559 516 6379 593 7381 686 8201 762 9113 847 885 82 106s 99 1270 118 1510 140 1795 167 2130 198 2540 236 2965 275 3240 301 3969 369 4941 4s9 5670 527 6561 610 7290 677 8100 752 800 74 960 89 1140 106 1360 126 fot) Itu 1920 178 2285 212 2670 248 29ZO 271 3572 332 4447 413 s103 474 s905 549 6561 6t0 7290 677 Notes: 1. For high altitude pools, reduce the surface area figures shown in the charts by 4o/.Ior each 1Oo0 ft. above sea level. (No derating is necessary up to 2000 ft. above sea level,) 2. Laars maintains a policy of continuous improvements and therefore reserves the right to change specifications without notice- 3. Sizing for outdoor pools is based on 3' mph average wind. Indoor Models $ Notes: 1. Input and output must be derated 4olo per 1OO0 feet above sea level when installed above 2000 feet altitude. 2, Dimensions are nominal. 3. Integral pump included on sizes 500 - 1825. lndoot - Models 500 - 1825 N3/t It(zso) Front b_ z11lc __jl (718) lndoor - Models 2000 - 5000 glz 58 x (737) _l (1473)t,lT I 131/4 (3371 rl 41/2 ('t14) 70 (1778' 91lz (241',) (1384) Sid€ Dimensions shown in indres (mm). 'All sp€cilicatons slbj€ct !o change. Ind@r 5ize InFrtt MSTUth kW OtXput' MSTU/h ktt Gas Connection': size - inches NPT llatural4 LP4 Water conn.r Size indres NPT Dimensionsr - inches mm shipprng weightl fb's. kgs 500 | 600 | 715 | 850 | 1010 | 1200 | 1430 | r570 | 1825 | 5(x) 600 715 210 850 249 14/ 176 1010 296 1200 352 1430 419 1670 489 1825 535 iltl5 486 s79 689 818 972 119 143 170 202 24t) 285 1158 339 1353 396 1474 83 1 1 1 tlt 3lc lVq 1 7t/q 1 11lq 11h 11lz 11h 11lz 11lc 2'lz 21lz 21/z 21lz 2Iz 2rlt 2rlz l33h 857 45 1143 2731+ 603 10 254 383/q 984 50 1270 22311 578 12 305 44la 1124 55112 1410 22lc 578 12 305 SGla 1289 62 1575 2'ltlc 552 14 356 58 1473 691h 1759 2gtlq 527 16 406 6611c 1683 77112 1968 2O3/c 527 't6 406 76 1930 8711a 2216 19lc 502 18 457 85112 2172 9631c 2457 1931q 502 18 457 92Iz 2343 10.3112 2629 1931c 5O2 18 457 aoa 819 372 873 3 945 429 367 1041 473 1199 544 1280 58t 14/5 656 1570 71'3 zooo I 2450 | 3050 | 3500 I 4050 | 4500 l 5000 | 1500 1025 4{J50 1186 4500 r3r8 5000 146s zooo 2450 3050 546 718 894 't539 480 2009 589 2501 733 2470 UI 3321 973 169{J 1081 4100 1201 1'lt 11lz 11/z 11lz 2 2 2 2 1'lz 11lz 21lz 21/z 4 4 4 4 4 4 4 55Y2 1410 6t 160o 24112 616 22 559 65112 1664 7? 1854 24112 616 24 610 7a 1981 85112 2172 241/z 616 26 660 88 2235 951/z 2426 241/z 616 28 711 1OO1/z 2553 1Og 2743 241/z 616 30 762 1101lz 2&7 118 2997 24Iz 616 32 813 1Zt 3124 13olz 3315 24112 616 34 834 t950 aa5 210/J 913 2250 1022 2t10 t14t) 2750 1249 2900 1317 3200 1453 l- Natu ra I or propane (LP) gas Electronic ignition (natu ral gas) Bu ilt-in d raft diverter (indoor models) to simplify insta llation Flow swrtch sta ndard on all models Integ ral pump a ssu res co n sta nt f low (Models 500 - 1825) Automatic gas va lve Sta in less steel burners, with slide-out bu rner tray for easy maintena nce, assu re long life (Models 500 - 1825) E lectron ic flame supervtSton Ga lvan ized steel jacket with a c rylic fin ish for strength and long lif e High temperature refractory firebox liner - to 2000'F for nrorior of{iriann, Integral lin ed copper tube heat exchanger for h ig her efficiency Integral header f langes for ea sier servicea b ility Glass-lined or bronze headers for corrosion resista nce E lectro n ic tem perature control for a ccu racy (Models 500 - 1825) Model conf iguration varies slig htly by size d a I P o fl ( l- & l. .9 F o 8 rr I E vt f1 $,2 ta ? t'7 ol a bri ,T v @ 7 rt I E I,d d o / B 4 g P {l. 6 CL ,\s I I t I 3 $I f l .,1 til ['i.., t lr 9) N fl J 3 5 x (rl z s rs t3 :r- , ;>o r('. t P (r Yr Jr J Al' :l \) J 0 1 :r \) - : -9 t.l , l- t'', a a B q I 6 o- (-s r I E fl o &C- 1tP A1L-Tov'horw'sl /"f ai Design Review Board ACTIOI{ FOR],I Depaftment of Community Developmeot 75 South Frontage Road, Vail, Colorado 81657 tef: 970.479.2139 far| 97O.479.2452 web: www.vailgov.{om ca,r trw Ea\|EloPtcr{t Project Name: Project Descriptaon! Pa]ticipants: OWNER SARAELIZABETHCHARLESTRUSTO9/06/2005 PO BOX 3691 VAIL co 81658 APPUCANT SARA EUZABETH CHARLES TRUSTO9/06/2005 MICHAEL CHARLES PO BOX 3591 VAIL co 81658 ProjectAddress: 767 POTATO PATCH DRVAIL Locataon! 767 POTATO PATCH DRIVE Legal Description: lofi 34 Block: 1 Subdivision: ELK CREEK TOWNHOMES Parel Number: 2101-063-2000-8 Comments: SEE CONDnONS DRBNumber: DR8050473 COMMON ELEMENT-FINAL APPROVALTO REMOVE DAMAGED DRIVEWAY AND REPI.ACE SAME FOR SAME Motion By: Second By: Vote: Conditions: BOARD/STAFF ACTION Action: STAFFAPR Date of Approvaft 09/09/2005 Cond:8 (P|-AN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond:0 (PLAN): DRB approval does not constitute a permit for building. Please onsult with Town of Vail Building personnel prior to construction activities. Cond: 201 DRB approval shall not become valid for 20 days following the date of approval. Cond: 202 Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Cond: CON0007515 DRIVEWAY TO BE INSTALLED IN PHASES. MUST MATCH E}OSTING MATERTAL AND COLOR AND FOOTPRINT. Planner: loe Suther DRB Fee Paid: $250.00 Application for Design Review Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2128 fax: 970.479.2452 web: www.vailgov.com General Information: All projects requiring design review must receive approval prior !o submifting a building permit application. Please refer to the zubmittal requirements for the particular approval that is requested. An application for Design Review cannot be accepted until all reguired information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design review approval lapses unless a building permit is issued and construction commences within one year of the approval. Description of the Request: TOI4'Nffi W\rr- i?€aMr^J ffi Location ofthe Proposal: Lot:_ Minor Exterior Alterations .\..\E-. -Block: I Subdivision: sl : ?\,PaIAra Pa.T Zoning: t\,cqaeg #4r{42L<,S - JA{E5 t tltt BoL T'- Name(s) of Owner(s):- ltot,r u-t) *<>tt)tQA - Mailing Address:po rlow 3bq( 1/4tt_ t_o &4ff IEI-DS Lt/ (({( +"(,^. Name of Applicant:c/o64f- Prs B'Dx- 4a1t Va,c c{> 0rA(7 Mailing Address: Phone: 47O' qoq' <OOe q7o.41q-b(t7 $50 Plus $1.00 per square foot of total sign area. No Fee $650 For construction of a new building or demo/rebuild. $300 For an addition where square footage is added to any residential or commercial building (includes 250 additions & interior conversions). $250 For minor changes to buildings and site improvements, such as, re-roofing, painung, window additions, landscaping, fences and retaining walls, etc. $20 For minor changes to buildings and site improvemenb, such as, re-roofing, painting, window additions, landscaping, fences and retaining walls, etc. $20 For revisions to plans already approved by Planning Staff or the Design RE iew Board. No Fee 0 -tr \J l!t$ E-mail Address: Type of Review and Fee: tr, Signs pConceptual Review ' tr New Construction tr Addition (F]tinor alteration (mu ltFfamily/commercial) ! Minor Alteration (single-fa mily/duplex) D Changes to Approved Plans tr Separation Request Fgfff* u tt' check No.: .--- ur, 5 ' F' /o.o5.-ot ELK CREEK TOWNHOMES ASSOCIATION Town of Vail Department of Community Development 75 Frontage Road Vail, CO 81657 Dear Sirs, This letter is to confirm in writing the approval by the Elk Creek Townhomes Association of the proposed repair lreplacemenlof the ixisting driveway. the proposed repair is as follows: I Remove each units driveway section one at a time. Replace concrete with the same exact color, finish and deimension 2 units 4,5,6,and I to be done in 2005. common drive and Unit 2 will be done in 2006 unless weather and'concrete supply allow for fall 2005' unit 3 does not need replacing. The Association has given their approval and support ofthis proposed repair' Ifyou have any questions or require any further information, please do not hesitate to contact me' September 2,2005 Michael Charles President - Elk Creek Townhomes Association office'.970-949-6339 cell: 970-904-4000 Elk Creek Townhomes Association 767 Potato Patch Drive PO Box 3691 Vail, CO 81658 email : mcharles I @mcPsvail.com i: t t|i ,, r'/,1 !.j i rt i (1 -s J.' ' :. 'jdj' i'a' .'/1.'tn ',t , /Eil,) r-o E*gr / ^-VGtv0 Te..'O?CT VEtr^,/*)E<T- ,4>. I *4 et YtEr,!, F&6 I-\Pc>r,\To OATa* DArwt'P- (/*:,,/ -',L' , ,, , ,I , -,,1 il ..t- (v0u ^/s 6 7j crL,,.a a a.ato-rr..". r^ /S AET p'rf pRoJEcr: I/J/ tr*/ I n,,r, hn*rn 5'.;,,r. t - f**',;1, JL/. DATE SUBMITTED: .y'-TG.'// DATE OF PUBI,IC HEARING r7-2\ 1'/COMI,IENTS NEEDED BY ! BRIEF DESCRIPTION OF THE PROPOSAL: PUBLIC l{oRXS .(l ,- _Revlewed byz Date: ComnentB: l\:rl;..'t'tY il,tc't Jr a ri ,t .' .'. /l i: i cr.r" , 'i ,.) : ,'4 ,atr,.6. -\ - ,"t L) ) )t' ', ' I/ \-\ l-i'-.... ,. i A. fS'j,r'< ,- (- t,t (,/'t ''_ | .'_' (r, 0N ir.tit /-, I /,i RECREATION DEP'\RTMENT Revlewed by: Comments: revlsed 3/LL/gI L,, s. ..n+- d>1. L,r{ ) 4 -7 / <.( 'JL-a./*,/ iL! J.._. <_,l t/ fl ''J ')tl .',- , -i ,*".P'il Yffih/A Datei trJ.,.t1o,^ffi:{=+il,'/*-qp{q fltt 6 r., v/r q, Date: Y 1, _.."1" : "\la ' |t.tr I f !t. *t a:1(a la'F \.a E j ' 6"1 -(*/ PROTECT: DATE SUBMITTED: COMMENTS NEEDED BY: BRIEF DESCRIPTION OF ./ S,ufL F-;+ {* /-/.o,5 .n1.- rt1 /# 9"+--Z-- F.-Q./-- Date: FIRE DEPARTMENT Reviewed by: CornmentE: RECREATTON DEPARTMENT Revlewed by: corunents: revlEed 3/LL/9L Date: Date: y' t^.- Z' 6/ Reviewed Conmente: by: ,flut 6 f ,u f-/r-q, Date: a o IiIPROVEMENT LOCATION CERTIFICATE 5 Bor Starbuck Surveyors & Englneers P.O.15840206 E. ChambBra Avc., EaEl6, CO €1631. \ [.or 27 -/ TRAClT UNUTY .T DE{'{AGE EcSEMEN' 167.49' 767-A POtAtO "^tC" OntW vAlL ooloRAoo 81657 . LEGAL DESCRTPTION PARCEL E LoT t+. B|OCK 2, V4_Vf-oTAIo PATCN{. COUr{ry OF FjctE. STAIE OF' @LORADO T,t 't i' I HEREB' CERIIF rl{Ar THls IMPRo{€|rEt{I tocrnoN cERnRcATE lvlF tB_Ep4fg, JqB MC!{4EL J. 4rlll!8^q! AtD n€.rowt{ oF vAt_:rlur n ls Nor A l^llD sum/EY PtrT 9B txFnwerg{I-aiiiiet-Pui atit iiiT nl5 ffi'rn'di -nzueo upot FoR rHE Esr^als}tr.,Nr . oF FEltcE , B{rtDtNo, oR orHER ntruRE tMpRoruiENi uNd' ' l- iUF.IHER CERnF T}r{T IHE IMPR9VEMENTS-O.! IIE. lPqG- D-trcRl9Eg. p48gEr- oN rHts DArE, SEPTEMEER s, lset ExcEpT ulurr coNNEcnoNs. ARE sHoIvN ENnRELY wmltN rHE EouNoA lEs on rx{F449-el.}Ciei 13 3iio-wrl-4r IHERE AEE No stcRorcHMsrrs uPoN rHE oEscRrEED pREursEs F_r lMiEgVqlElIs ox 4n rorcrfunrc_.nrir1--lqq-, ucei'r rs l.ibiiirro; arD r}AT 1HERE rs No APPERANT €vroENc€ oR scN oF afi E ,SEUENT cRosstNc oR BURDENINc rl'ti peri-or-firtr F^riE[ odifr As NorF!. E SED ON FEI{A IIAPPING. SUA'ECT PROPERTY IS NOT IN THE I OO-YEAR FLOOO PIAN. NOIEI T}IERE UAS NO RML TN€ PofJcY_,AVA{A9lr FoR IHF SUFIEY, so THERE IAY EE EASEMENTS oR RIGHTS?oF-WAY oF REcoRo OIH€R I}l^N WITAT IS SHOWN ON THIS CERNFCA1E --'- HoiE seIBAo{s ARE sHowl rb tHe rrce oF THE FouNo TtoN. NOIE BE'{CHUANK |s ON IHE SO.UTHEASTERL!.CORNER OF A CONCREIE IRANSFORMER PAD NEAR ]}IE NORIHE^:;IERLY @RNER oF. LOr 34. IHE BAnCHIr,rR|( E|..EVATION tS E50J,5E l,loTE FouNo,[noN wAs po{JRED 6-29-9!. TRAU|NC HAO NOr EEEN 5TARTEO ON 9-3-9t. NOIE PARCEL O E A PROPOSED PAFCE. PENDINO APPRO\'AL OF SECOI{D P!AT, B.X CREEX TOWNHOMEi. A RESUEOMSION OF PARCB. A Ldr I+. BLOCT( 1, VAIVFOTATO PATCH. TOWI| OF VAL FJAG|I COUUTV. COpnroo. '.*,il +/ .8 N 20, PAGE I OF I JO8 t 9r-0r lH #*# ## FIRaT SUPPIrEltEltlIAL IOfilSOUgE DECIARATIOII roR EIJX CREEX TOWNEO}TE8 nEcrIl&a ].. I,IL-BI{ PARTNERSHIP,a colorado general pattnership (tfDeclarantn), rtas the declarant in that certain Amended And Restated Townhouse Declaration for Elk Creek Tonnhones (tbe ffDeclarationrr) recorded on Novenber 20, 1990, in Book 542 at Page 571 of the real property records in the Office of the Clerk and Recorder of the county of Eagle, State of Colorado. 2. The Declaration established a townhouse project on the rtPropertytr, as defined in the Declaration. Pursuant to the Declaration and The Final PIat, Elk Creek Townhomesr A Resubdivision of Lot 34, Block L, Vail/Potato Patch, Vail , Colorado, County of Eagle, State of Colorado, the Property was divided into the rrConmon Parcelrr, rrParcel Arr, rrParcel 1rr, rrParcel 2", rrParcel 3rr and one rrtownhouse unitrr, with the townhouse unit having appurtenant thereto a certain undivided interest in the rrgeneral common elenentsrr of the Property, with all such ter:ms being as defined in the Declaration. Declarant reselrred to itself all right, title and interest in the general connon elements not appurtenant to g5s nparcelsrr (as defined in the Declaration), as set forth in Extribit B of the Declaration, and ttre ri-ght to make such interest appurtenant to Parcel L' Parcel 2, Parcel 3 and rradditional parcelsrt contained in Parcel A. Declarant reserved the right to (i) construct buildings on Parcel 1, Parcel 2 and Parsel 3 containing not more than three additional trunitstr, as defined in the Declaration, and (ii) divide Farcel A into additional parcels and construct buildings thereon containing not more than four additional units. Declarant further reserved the right to convey and attribute (fron its resenred interest in general comnon elernents) to each such parcel or additional parcel upon which a unit is constructed an undivided L2.5 percent interest in the general connon elements. 3. Declarant has constructed buildings on Parcel 1 and Parcel 2, with each such building containinqt one unit. 4. Declarant, pursuant to the Second Plat, Elk Creek Townhomes, A Resubdivision of Parcel Ar l.ot 34, Block Ll Vailr/Potato Patch, Town of Vail , Eagle County, Colorado, has divided Parcel A into two additional parcels known as rrParcel 5rl and rrParcel 6tr. Declarant has constructed buildings on Parcel 5 and Parcel 6, with each such building containing one unit. 5. The purpose of this Sirst Supplenental Townhouse Declaration is to convey and attribute to each of Parcel 1, Parcel 2, Parcel 5 and Parcel 6 an undlvided 12.5 percent interest in the general conmon elenents. DECI,INATTOlt x. Stre Property is hereby divided into the Conmon Parcel ,Parcel 3, and townlrouse unit No. 1, townhouse unit No. 2, townhouse unit No. 4, townlrouse unit No. 5 and townhouse unit No. 6, rith each such townhouse unit consisting of a fee sinple estate in the parcel designated with the corresponding nunber, the unit thereon,the iuprovements, easenents and rights located thereon ot appurtenant ttrereto, and an undivided interest in the general conrnon etements appurtenant to such parcel , which lnterest is set forth in Exhibit B of the DeclaratJ-on, which Exhibit B Declarant does hereby revise and amend to read in its entirety as set fortb in Schedule I attached hereto and made a part hereof. 2. Declarant continues to resente unto itself and its successors and assigns the right to construct a building on Parcel 3 containing one unit, as nore particularly set forth and resernred in subparagraph 2 (c) of the DecLarati.on, as suppleuented hereby' IN WITNESS WHEREOF, Declarant has dul11 executed this First Supplemental Townhouse Declaration t.his l>* day of Septenber, 1991. i llL'BW PARTNERSHfP, a chael ch, a General STATE OF COIORADO COUNTY OF EAGLE ss. fhe foregoing instrunent was acknowledged before ne ttris ..:4 day of Septenber, L99L, by llichael J. Lauterbaclr' as a General Partner of ut-aw Partnership, a Colorado general partnership. l{itness my hand and official seal . l,ty comission expires: 9-lb'9d By: -2- The undersigmed boLder of a certain deed of trrst upon the property covered by this Declaration, recorded in Book 518 at Page otr- ot the records in the offlce of the Eagle County, Colorado, clerk and Recorder, hereby consents to the foregoing Declaration and subordinates its intefest Ln the property described therein to the rights and obligations created thereby. Notw_ithstanding such consent and subordination, all the rights of Declarant in and to such property shall reuain encunbered by such deed of tmst. : : I l- VAIL NATIONAL BANK (SEAL) STATE OF COTpRADO ) cogNTY oF EAGLE I "t' The foregoing J.nstrument was acknou).edged before ne tnis /1. day of Septernber, L99L' by Lisa u. Dillon, as President of Vail National Bank. Witness my hand and official seal . My comnission expire=z 2/5/9V l.l. Dillon, President -3- SCIIDUIJ! I (Attached to and nade a part of Flrst Supplenental loltnhouse lleclaration for EIk Creek Tormbones.) E hlDtt a fnterests ln General Comon El-enents Parcel 1 2 4 5 6 P€rcentage ownership in General conmon Elenents Appurtenant to tbe Parcel L2.5 12.5 L2.5 L2.5 t2.5 Gil AUo 2 olesl ITEMO T0: Andy Knudtsen Town of Vail- FRoM: Mlchael ,^ruturtrd, 7fr DATE: August 2L, L99L RE: Lot 34, Parc€1 5 Va11/Potato Pateh Encloeed for your review are two copies of the revised plat to subdivlde Parcel A. ALso eoclosed is a copy of the FLrst Supplemental. Townhouse DeelatatLon. If these meet your approvaL, I wtlL eubnlt two uylar coples for sl-gnatures and recordlng. Please cotrtact. ne if you have any questl.ons,and thank you ln advance for vour asslstance. TOhrFl EF tJFl I t_ lnliscel lEneous Csh [rg-i 1 -!r1 1B: El: E4 F.:F,:siFt # F-tiF,8Ef, Rtcolrn t. #ut{: * 6f,91 Ii I IJHFIEL LFIUTEE:BFIL:H''.f, OI.1 *ni,f un | ?*n,i* red ? Item paid R 1 F-itlt-1 El4 i f, f, t:lt:1t:tF-i [:h.tnqij' r'* ii_r rrred j' E'ELI FFF' FEE 1SF. Err'J fuun? paid 1ElE.6E B. Et-l r-HFth{t{ \/OlJ \rr'u r- r.=::h i * r IHF:I 5 Date Recervl o" the community Development Department : TPPLICATION FOR AINGI,E FAT.IILY AI'BDIVISION CEIPIER L7.25 VIIL }IUNICIPAI. CODE ,'<-[r -f Le.r,{. '! a.-L R[f'0 ,,U.- .:; r.j i99l (PLEASE PRINT A. APPLICANT oR TYPE) h^ UAILTNG ADDRESS 7.o -8"* i+rl Va.'(, Co X ,C So PHONE 4rc-6j4+ B. c. PROPERTY OTNERI8 MAILING IDCATION 8IG}TATURE ADDRESS ML- (a. 6" h- t--r * L r PHONE 4tt -a<++ j+r Uc,.'f .Cnlo $rLSt OF PROPOSAL: STREET ADDR.ESS 162 Polola P.{ot }- Lor iL.srocxlsuBDrvrs ro N P,].h h/-L Tlro mylar copies and one paper coPY, of the subdivision plat shall be subnitted to the Department of Coromunity Development. The plat shall include the following: FILING CHECK #6 tq/D.APPLICATION FEE S1OO. OO MATERIAI*S TO BE SUBMITTED: '",ti a. . t., b.Lr' ltL t/- r. i, g. L'JL- .,-(v t. PAID Ttre final plat shall be drawn by a registered sunreyor jn India ink, or other substantial solution, on a reproducible rnediurn (preferably nylar) with diroension of twenty-four by thirty-six inches and shalt be at a scale of one hundred feet to one inch or larger with margins of one and one-haIf to thro inches on the left and one-half inch on all other sides. Accurate dirnensions to the nearest one-hundredth of a foot for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for pubJ-ic or common uses and other important features. AIt curves shaIl be circular arcs and shall be defined by the radius, central angle, are scored distances and bearing. AI1 dirnensions, both linear and angular, are to be deternined by an accurate control survey in the field which must balance and close within a linit of one in ten thousand. North arrow and graphic scale. A systernatic identification of aII existing and proposed buildings, units, lots, blocks, and names for aII streets. An identification of the streets, alIeys, parks, and other public areas or facilities as shown on the plat' and a dedication thereof to the public use. An identification 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 plat. A written survey description of the area including the total acreage to the nearest appropriate significant figrure, The acreage of each lot or parcel shall be shown in this manner as well. A description of all survey monuments, both found and set' which mark the boundaries of the subdivision' and a description of all monuments used in conducting the survey. Monunent perimeter per Colorado statutes. Two perimeter monuments shalI be estabtished as major control monuments, the materials which shall be determined by ttre town engineer. 1. c. d. L,ur lir ./ q. l. l. ( j. h. o ra"alnt by the land surveyor eJaining how u".tinql.g was determined. A certificate by the registered land surveyor as outlined in Chapter L?.32 of this title as to the accuracy of the survey and plat, and that the survey was perforned by hin in accordance with Colorado Revised Statutes L973. Title 38, Article 51. A certificate by an attorney adroitted to practice in the State of Colorado, or r:orporate-ti-t].e -ingurer, that the owner(s) of record dedicating to the public the public right-of-way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances except as noted. ['lL k. The proper forrn for filing of the plat witb the Eagle county clerk and recorder. #:. 1' ::Itifi:lE :l 3:si::ti:t :t3 :H:::liB'n,""*?llu,ll"" dedication of land or inprovements to the public, all beneficiaries of deeds of trust and mortgage holders on said real property will be required to sign the certificate of dedication and ownership in addition to the fee simple ohtner thereof. ,__--b.t. Signature of owner. .,,..t'r'v 4'r",. /The plat nust contain the fol.lowing statement: ItFor zoning i v ..o.-"' / purposes, the lots created by this subdivision are to be treated ---1;.{, / as 4 lot with no more than @ dwellinq units allowed on the ( cornbined area of the two lots.rr The statement shall be nodified \-to indicate the nurnber of units and lots proposed. 2. A copy of the declarations and,/or covenants relating to the subdivision, which shall assure the naintenance of any common ,;' areas which rnay be created. The covenants shall run with the t land and shall be in a forro suitable for recording with the Eagle ,'..,,,,. County Clerk and Recorder. ...n1 ,,.:i- 3. Schedules A and B of a title report. F. APPROVAL PROCESS, REVIEW CRITERIA The burden of proof shall rest with the applicant to show that the subdivision conplies with the zoning ordinance with resPect to building location and other aspects of the structure and ground, with the original plat as approved by the Design Review Board of the Town and the accurateness and integrity of the survey data found on the Plat. Upon receiving two copies of a complete subnittal along with palnnent of the appropriate fee, the zoning adrninistrator shall route one copy of the site nap to the town engineer for his review. The zoning adninistrator shall then conduct this review concurrently. The town engineer shall review the subrnittal and return comments and notifications to the zoning adrninistrator who shall transrnit the approval, disapproval. or approval with nodifications of the plat witnin fourteen days to the applicant. The zoning administrator shall sign the plat if approved or require rnodifications on the plat for aplroval or deny approvat due to inconsistencies with the originally aiprovea plan oi flilure to make other required modifications of the plat. G. FILING AND RECORDING The Department of connunity Developrnent will record the plat and any related covenants with the Eagle County Clerk and Recorder. Fees for recording shall be paid by the applicant. The Corununity DeveloPment Departneit will retlin one rnylar copy of the plat for their records and will record the remaining nylar copy. If this appllcation tequlres a geparate revieu by any Iocal. State or Federaf agency other than the Town of vail, the application fee shall be increased-by $200.00. Exalqrles of euch review, may include, but are note limited to: Colorado Depaltment of gighway Access Permits' Army CorPs of Engineers 404' etc. The applicant shalL be responslble for paying any publ.ishing fees which are Ln excess of 50* of the applicatJ.on fee. If, at the applicant's request, any matter is postPoned for hearing, causj-ng the matter to be re-pubtished, then, the entire fee for such re-publication shall be paid by the applicant. Applications deemed by the corrmunity Developnent Department to-. have significant design, land use or other issues which gaY have a significant impact on the conrnunlt y may require review by consultants other than town statt. Should a determination be made by the town staff that an outside consuftant is needed to review any applicatlon, the Community Development may hire an outside consultant, lt shall estimate the amount of money ne6essary to pay him or her and this amount shal1 be forwarded to the Town by -ttre ippficant at the time he files his application with the Community Development Department. UPon comPletion of the review of the application by the consultant, dDY of the funds forwarded by the aiptlcant for palment of the consultant which have not been paid to the consultant shall be returned to the appJ.icant. ExPenses incurred by the Town in excess of the anount forwarded by the applicant shall be paid to the Town by the applicant within 30 days of notification by the Town. tr MEUO //7 TO: Mike Molllca /rLl/ Town of VaiI / \ FROMI Mlchael Lauterbach DATE: August 21, 1990 RE: Lot 34, vail/Potato Patch Pursuant to my conversation with you yesterday, it ls my understandlng that you are withholding approval of the subdivision plat pertalnlng to Lot 34, Vail/Potato Patch, pending issuance of a slope easement to the Town of Vail for regrading of the front setback of the property. Please be advised that for obvlous reasoDs, nelther the partnershlp developing the property nor the prospective purchaser of parcel 4 which l-les on the southeast corner of Lot 34 will be granting a slope easement to the Town. If any confusion exlsted regarding our intentions, I would assume that none exists now and that our subdivlsion plat will elther recelve prompt approval or you will contact me regarding any deficlencies. Thank you Ln advance for your cooperatlon. G-0, Con*act M,k, n a c- r1t4- -+ o| A.haut Lda! +ful eoa;.ra\ar.d qlrl Lqlde,rbn-n _ cull.i A{-d-t-o - 04r . rrlike- O' ylr',l( INTER.DEPART}IENTAL REVI El,l P?.OJECT:i4 - Pa{/+{'"1' DATE SUSI,IITTED:4.26. 70 CCl"j,tENTS IIEEDEO 8Y: AJAP BRIEF 0ESCRIPTI0N 0F THE PROPOSAL: h;uo* o . DATE OF IC HEARING n/N -,..\5uL/;uts,onr (r S,ay'e Fa,-'ly t"a,) "fcr Con:i,ents: &i+nt:n- . D (.nrtqrn ;t c>tt4r J/-- 2->' $'l rrp hz''/ 1' J/<- R,1 Ll -f *7 '1L -72,...,', t^,---/J /;1. 14, cL-, a.- tLf c+a,^_J* il;Lt L - c,-t en'/ r?t^- .'-l . T h**1 4-tt l + Lo",1 E v^e1-vJ'S i [ 2.9 /7+s<,"4r't c,t; (. .Ja,--- u> L ng-; ,rororri.fr,k, ,L, |a..,*.ls.- c{ ;> .'a- /r;-e}z Zo.-l7u- Reviewed by:Date C @ f,.r' c-(.'e..^.J f.r,-'r:u / / L L/t l/y.-t^',s.--e- 4t- ftc-6.'a,-.- ,-,..--//s U a.-") f,eVr^.Ja- k -+A._ e propul, /;r,v._ ail_ JLn Crr ,l- Y /,' ,C^7Iru- J a- ,lur o'<,K h -lL !.ru /r*^ A.,.-Jz _-. _-- oI -ll- gra64-Ja /POLICEDEPARTI4ENT T T- A Revier,redby, ' V D.t"--' Comrerrts: - /'t' ' 't.(/. .-t<- t's.t /ta/.r/, .\..-- L + a r al . /t aJa/-(z_. . T+ ,-+ .i I I I f\ , ".'.'..does, 4[*e- --l;.-i ,-,tu,.,lJ /4-; + JLI ].L- ^^"^-;f,:; Coments: LL.L< .ur.'/(;',-1 o J" 7.'-n / lro--u ; r.: Reviered.by: Co;--"ents: Date u),' l(Le / i //1.r dc -/4... + .Ll2< c-r*:- lJ d, Ztl o b/. cn*o llrc- 9/f zaze'+^* ,.' v *l<- /4,,rJ/ /u REC :i :AT i 0l{ C e pl arr.t:trt yJLe,r j ''tt l @ + G^r' o \ -'t .b o l .> l, 4so 32, os,,E f*o J 3./ -l -.b o J @ c N o $o, lrn z ol o (l ,\) :.. .tr &oz' rr ! A)\ € U) to -t u 4 Y. J:o_; !-l oo €'I n .\ l\t fi,r'"d r0 ?o urh o N ',| r frl -: (, NB om @_(t -n \ t'- l-- \: \ t"t i \\ , \-ol{ui \:. \ei I5t IO li \jj_-*_- -t "# n z - -;::H 3l;'z ;< ".: n _s rn N o 'i )' lo-\- { os,, {-gs" o -bx i-i =l',.* (' = "o :J N : @ ;; ,60 og r ,,oi,ri"si- ts .i- c>.{ fD rH/t, ftiilil Proposed Parcel 1, 3, and 4, a Patclr, l'own of Vai). County of ?6? Potato patch Drive valI, uolorado LEGAL DESCRIPTION proposed resubdivision of Lot 34, BIock 1. Vail\potato Eagle, State of Colorado. IMPROVEMENT LOCATION CERTIFICATE i hereby certify that this inprovenent location certificate was pleparecl l'artnershi;-r, a general partnership, that it is not a Iand survel' plat or plat, an(l that jt js not to be relied upon for the establjshment of fence other future improvement Iines, for ML - 9W improvement survey . br.r i 1ding, or i further certify that the improvements on the above described parcel on thjs date, August l'' 1990. except utility connections, are entirely within the bouqdaries of the parcel,exccpt as shown' that the|e are no encroachnents upon the descrjbed prelrises by lxlprovenents on any adjoining pr-emises, except as indicated, and that ttrere is no apparent evj'dence of any easement clossing oI' burdening any part of sairl parcel, except as noted. Note: liidge elevation for Building 4 is 8536,11', Building 1 is under construct-ron,!3uilding 3 only has fortndatioh completed so ridge elevations canrot be cleternineri at this tilre. Note: There was no fjnal tltle poljcy availab)e easenlents, or rights of way of record other than certificate is based on title connitnrent nunber Company, dated February 28, 1990. for this certificate so there nary be what is shown on ttris ccrtificate. This 90005906 prepared by Stewart Title cuaranrv l{ote: Based on FEMA mapping for the Town of VaiI, the irnprovenents lie within zone c. Notice: A.ccording to colorado law, you nust connence any regal action based.clefect in this celtificate within three years after you first discover such c-vent may any action based upon any defect in this certificate be commencect 5'ears fron the date of certification shown hereon upon any defect. In no more than ten ,tt .i &--.**i I , l<l c'i o DArET-- 9,i 095 N4F l\{acl(orvn Survc)'ing & Enginccring, Inc. P. O. Box 323 . 409 8.ook5 Lane . Eagle, Colo. 81631 . (303)328-7208 hnL Ya cKown pL'P.L.S. 12566 PAGE 2 of 2 €+ COM}TUNITY . . .,,'n Rm'i ; I,{AILING ADDRESS P.0. Box 3451 Vail, Colo 81658 B.PRoPERTY owNER Mr : lll l4lngle ONNERIS AIGNATURE llArlrNc ADDR-Ess P.o. rp" !4!-l Vail, Colo 81658pH9119 476 !2!! c.ITCATION OF PROPOSAL (STREET ADDRESS)767 Potato Patch Drive vdil colo 81657 DATE RECEIVED bY DEVEI.OPMENT DEPARTI.IENT Appllcation For Mlnor Subdivision Approval, Ordinance ll 25, Y ai-L Municioal Code (PLEASE PRINT A. APPLICANT OR TYPE)Michael Lauterbach PHONE 47 6-69 44 BISCK SUBDMSION Vail/Potato Patch CHECK * 5768 o o .ta e.DtrFMRTMtrNT @F .E@MMUNITV DtrVtrtEFMENT xxxxxxx 01 0000 41330 COM. DEV. APPUCATION FEES t 0000 41540 ZONINO AI.ID ADDRESS UAPS I 0000 42415 1988 UNIFOR}' EUILDING CODE I 0000 42415 1988 UNIFORI.I PLUI,IBING CODE 1 0000 42415 1988 UNIFORI/ MECHANICAL CODE I 0000 42413 1988 UNlFORtit RRE CODE I 0000 42115 1987 NATIONAL FI ICTRICAL CODE t 0000 42415 OTHER CODE BOOKS t 0000 41548 PRINTS (MnARs) 01.0000 42412 0X CoPIES ./ SruOreS | 0000 42371 ENALTY FTES / RE_INSPECTION OFF HOURS INSPECIION FE= CONIRACTORS UCENSES fEES 0t 0000 41413 .SICN APPLICA?ION "t'" 'D TOWNHOUSE DECI,AR,,,ATTON FOR EI.X CREEX TOTNEO}TEA PECITAIS l,tL-BW PARTNERSHfP, a Colorado general partnership (rrDeclaranttr), is the owner of the real. property (the trPropertyil) situate in the County of Eagle, State of Colorado, described in Exhibit A attached hereto and nade a part hereof. Declarant desires to establ.ish a townhouse project and to define the character, duration, rights, obligations and linitations of townbouse oe/nership. BuiLdincrs and related improvenents are to be constructe'd on the er5perty, which buildinqs and iuprovements shall consist of separately designated townhouse units. Declarant does hereby establish a pJ.an for the ownership of real property estates in fee sinple consistj.ng of the parcel on which each unit is located, such unit and the co-ownership, by the individual and separate owners thereof, as tenants in connon,of all of the rernaj.ning real property. DECI,ARATION Declarant does hereby subject the Property to this Decl.aration and publish and declare that the fotlowing terms, covenants, conditions, easenents, restrictionsr uses,reservations, liuritations and obligations shaLl be deened to run with such land, shall be a burden and a benefit to Declarant, its successors and assigns and any person acguiring or owning an interest in the real property which is or becornes subject to this Declaration and improvenents built thereon, their grantees, successors, heirs, personal .representatives, devisees or assigns. L. Definitions. As used in this Declaration, unless otlrenrise expressly provided: (a) The tern rrAssociationrr neans Elk Creek Townhomes Association, a Colorado nonprofit corporation. (b) The tern 'rbuiLdingrt means any building improvements containing one or nore units located on the Property, and rrbuildingsrr neans all of such building improvenents. (c) The tenn ltcomnon expensesr! neans: (i) a1I expenses expressly declared to be conmon expenses by this Declaration or Rev. L/26/9o -1 , by the by-laws of the Association; (ii) all other expenses of administerlng, servicing, conserving, managing, maintaining,repairing or replacing the general comDon eLements; (iii) insurance premiuns for the insurance carried under Paragraph 9 herein; and (iv) all expenses lawfully determined to be conmon expenses by ttre board of directors of the Associatl.on. (d) The term rfconmon Parcelrt rneans the common Parcel described in Exhibit A. (e) The tern ttDeclarationrt neans this instrunent and all- Anendnents or Supplements thereto hereafter recorded in tbe records of Eag1e County, Colorado. (f) The term rffirst lienorrr neans the holder of a pronissory note palment of which is secured by a first nortg:age or first deed of trust encumbering an interest j-n a townhouse unit. trltortgagetr shall include a deed of trust, and itmortgageerr shall include the beneficiary of a deed of trust. (S) The ter:nr trgeneral common eleuentsrr means the cornmon Parcel and al.l inprovements and fixtures of any kind whatsoever located thereon. (h) The tenr rrguestrt Deans any farnily nember, guest, tenant, agent, enployee, licensee or invitee of an oldner. (i) The tern rrownerrr means any individual,corporation. partnershj.p, association, lrust or other legal entity, or combination of lega1 entities, uhich is the record owner of an undivided fee simple interest in one or more townhouse units (j ) The tern "parcel" neans any one of the Parcels described in Exhibit A with the exception of the Conmon Parcel and Parcel A. (k) The term ',Pagce1 Atf means Parcel A described in Exhibit A. (I) 3he tern I'Projectrr neans the townhouse units subject to this Declaration, which sha1l be known as Elk Creek ?ownlones and shall include the general conmon elements, all parcels and all units. (rn) The tern rrsharing Ratiolr of an owner means the percentaqe dete:rurined by dividing such ownerrs percentage interest in the general conmon elements appurtenant to his parcel, as set forth in Exhibtt B attached hereto and made a part hereof, by the total of aII ownersr percentage interests in the general comrnon elernents appurtenant to their parcels, as set forth in Exhibit B, and nultiplying the result by 1OO. Rev. l/25/9o , (n) The tern rrtownhouse unitrr means a parcel and the unit thereon, together with the undivided interest in the general common elements appurtenant thereto. (0) The tern runitn means a building or a portion of a building that is designed and intended for use and occupancy as a residential dwelling unit and is located on a parcel . 2. Division of Real Propertv into Estates; Use and Occupancv of Townhouse Units. (a)The Property is hereby divided into Parcel A and _ townhouse units designated - ttrrough -,inclusive, with each townhouse unit consisting of a fee sirnple estate in the parcel designated with the corresponding nunber, the unit thereon, the iurprovements, easements and rights located thereon or appurtenant thereto, and an undivided interest in the general common elements appurtenant to such parcel , which interest is set forth in Exhibit B. (b) Declarant hereby reserves to itself aJ.I right,title and interest in the general conmon elernents not appurtenant to the parcels, as set forth in Exhibit B, which interest Declarant nay make appurtenant to parcels (ttadditional parcelstr) contained within Parcel A, as set forth in subparagraph 2 (c) herein. (c) Declarant may hereafter rom time to time, divide Parcel A into additi buildings thereon containing not mo In each such case, Declarant shal.,-County, Colorado, a Supplernental Declaration in vhich it shalL convey and attribute (fron its reserved interest in general comrnon elenents as described in subparagraph 2 (b) herein) to each such additional parcel upon which a unit is constructed an undivided 12.5 percent interest in the general conraon el.ements (with additional parceJ-s, i.f any, upon which Declarant has deternined never to construct a unit being nade a part of the general connon elenents by such Supplenental Declaration), (d) If Declar to construct Less than rcel A,all of Declarantrs res n eLements that has not bec e to an additional parcel pursuant to the provisions of subparagraph 2 (c) herein shall be conveyed and made attributable to the parcels and additional parcels of the o!/ners of such date, in the Sharing Ratios then in effect, by Decl-arant filing in the records of Eagle County, Colorado, a Suppleurental DecLaration, which shall contain such conveyance therein. Such interests shall then become appurtenant els and cons additional units. ffiId- determine at any tini of additionaL units on ed interest in Rev. L/26/90 l, to the parcel or additional parcel with respect to which it has been conveyed. (e) Each townhouse unit shall be inseparable and nay be conveyed, leased, devised or encumbered only as a townhouse unit. Title to a townhouse unit uray be held individually or in any form of concurrent ownerstrip recognized in Colorado. fn case of any such concurrent ownerslrip, each co-owner shall be jointly and severally liable for the perfornance and obser,rance of aII the duties and responsibilities of an owner with respect to the townhouse unit in which he owns an interest. (f) Any contract of sale, deed' lease, deed of trust, mortgage, will or other instrunrent affecting a townhouse unit slrall describe it by the parcel constituting part of such townhouse unit and by the undivided percentage interest in the Connon Parcel appurtenant thereto. (S) Each townhouse unit shall be considered a separate parceJ. of real estate and shall be separately assessed and taxed. (h) Each townhouse unit shall be used and occupied solely for dwelling or lodging purposes. AIt of the above stated uses and occupancies shall be only as permitted by and subjest to the appropriate and applicable governmental zoning and use ordinances, rules and regulations fron tiue to tine in effect. An ovmer shall have the right to lease hj.s townhouse unit upon such terms and conditions as the owner nay deern advisable;provided, bowever, that (i) any such lease shall be in writing and sha}l provide that the lease is subject to the terrns of this Declaration, (ii) a townhouse unit may be leased only for tbe uses provided hereinabove, and (iii) any failure of a lessee to conply with the terns of this Declarati.on, Articles of fncorporation, Bylavs of the Association, or the rules of the Association shall be a defauLt under the lease enforceable by the Association. (i) No rrtime share estaterr or trinterrral estate, as defined in the condorninium'ownership Act of colorado, or sinilar interest whereby ownership of a tounhouse unit is shared by owners on a time basis, shall be established or created with respect to any townhouse unit. 3. Partv Wall. (a) Each common waII, if any, which is a part of the original eonstruction of the units ptaced egually divided on the dividing line between any trvo parcels, the footings underlying and the portion of roof over such nal] are collectively referred to herein as a trParty Wa11". Rev. L/26/90 t (b) To the extent not inconsistent with this Declaration, the general rules of lav regarding party walls and liability for damage due to negligence or intentionaL acts or onissions shall apply to the Party Walls. (c) The owners of any unit shall bave a perpetual easenent in and to that part of any other unit on which a Party WaJ.l, which they bave used, is located, for party wall purposes, including mutual support, maintenance, repair and inspection. fn ttre event of damage to or destruction of a Party WalI from any cause, the owners, which have used such Party I{a11, shall at joint expense, repair or rebuild said Party wa1l, and each owner sha11 have the right to the full use of said Party WaIl so repaired and rebuilt. Notwithstanding anything contained hereinabove to the contrary, if the negligence or intentional act or omission of any osrner or his guest sha1l cause danage to or destruction of a Party WaIl, such owner shall bear the entire costs of repair or reconstruction, and an ouner who by bis negligent or intentional act or ornission causes a Party Wal1 to be exposed to the elements shall bear the full cost of furnishing the necessary protection against such elements. 4. General Common Elenents; Encroachments. (a) The general comrnon elements shall be owned in conmon by all of the ovners and shall rengin undivided. No owner shall as-sert any right of partition with iespect to the general conmon elements. Each owner waives any and all rights of partition he may hold by virtue of his ownership of an undivided interest in the general cor non elenents as a tenant in conmon with the other owners. This Paragraph shal1 not, however, limit or restrict the right of partition of a single townhouse unit arlong the owners thereof, whereby the owners petition the court to sell the townhouse unit and to allocate the sole proceeds among the owners, but such right of partition shall not be construed to mean a physical division or partition of a townhouse uni!, nor shall such right of partition affect any other tovnhouse unit. (b) Each owner shall be entitled to use the general cornmon elenents in accordance with the purpose for which they are intended, without hindering, inpeding or inposing upon the rights of the other owners and in accordance with the rules and regulations duly established fron time to time by the Association and subject to the provisions of Paragraphs 18, 19 and 2O herein. (c) There is hereby created an easement, upon, across, over and under all of the general cornmon elements and each parcel outside of the unit thereon for ingress and egress, installation, replacenent, repair and maintenance of alI utilities including,without lirnitation, water, sewer, gas, telephone, television and electricity. An easement is further granted to alL police, fire P.ev. L/26/9o t protection and anbulance personnel , and all sinilar persons to enter upon the general conmon elements and each parcel and unit thereon in the perfonnance of their duties. Further, an easement is hereby granted to the Association to enter in, onto, above, across or under the general conmon eLenents and each parcel and unit thereon to perforn the duties of maintenance and repair to any parcel , unit or the general conlron elements. Notwithstanding anything to the contrary contained in this subparagrraph 4(c) and except as provided in Paragraph 19 herein, no sewers, electrical lines, water lines or other utilities may be installed or relocated on the general colurron elements or on any parcel outside of the unit thereon except as approved by the Association, and any utility or company in the use of the utility easement granted herein shall be responsible for any darnage to any general connon element, parcel or unit or cost incurred by the Association as a result of such darnage and shaLl be required to pronptly restore any of the general conmon eleanents, parcel or unit disturbed or damaged by such utility or company in the exercise of any of their rights under the utility easenent granted herein. Should any utility or company furnistring a service covered by this easenent herein request a specific easenent, including a vehicular easement, the Association nay grant such an easement to the general conmon elements or any parcel outside of the unit thereon by a separate recorded instrument without conflicting with the terms hereof and without consent of the owners being required. The easenents provided for in this Paragraph shall in no lray affect any other recorded easernent to the general conrnon elements. (d) If any portion of the general common elernents now encroaches upon any parcet or unit, or if any parcel or unit now encroaches upon any other parcel or unit or upon any portion of the general common elements, as a result of the construction of any building, or if any such encroachment shall occur hereafter as a result of settling or shifting of any buildir9, d valid easement for the encroachnent and for the uaintenance of the same so long as the building stands, shall exist. fn the event any building, any unit. any adjoining unit, or any adjoining general comnon eleuent shall be partially or totally destroyed as a result of fire or other casualty or as a result of condennation or emi.nent donain proceedingsf and then rebuilt, encroachrnents of parts of the general conmon elements upon any parcel or unit or of any parcel or unit upon any other parcel or unit or upon any portion of tbe general connon elements. due to such rebuilding,shall be pernitted, and valid easenents for such encroachrnents and the maintenance thereof shall exist so long as the building shall stand. 5. Mechanic's Liens; fndernnification. (a) If any owner furnished to his parcel or any rnaterial to be or any labor to be shaLl cause unit thereon Rev. L/26/90 perforaed therein or thereon, no owner of any other townhouse unit shall under any circurnstances be liable for the palment of any expense incurred or for tbe value of any work done or naterial. furnished. AIl such work shal1 be at the expense of the oerner causing it to be done, and such owner shall be solely responsible to contractors, laborers, naterialnen and other persons furnishing labor or rnaterials to his parcel, unit thereon or any irnprovements thereon or therein. Nothing herein contained shall authorize any owner or any person dealing through, with or under any awner to charge the general conmon elements or any parcel or unit thereon other than of such osner with any mechanicts lien or other lien or encumbrance whatever. on the contrary (and notice is hereby given) the right and power to charge any lien or encurnbrance of any kind against the general comnon elements or against any ol{rner or any ownerrs parcel or unit thereon for work done or materials furnished to any other o\cnerts parcel or unit thereon is hereby expressly denied. (b) ff, because of any act or ornission of any oltner, any mechanicrs or other lien or order for the paynent of money sba1l be filed against the general cornrnon elenents or against any other onner (whether or not such lien or order is valid or enforceable as such), the owner whose act or onission fonns the basis for such lien or order shall at his own cost and expense cause the sane to be cancell-ed and discharged of record or bonded by a surety company reasonably acceptable to the Association, or to such other owner or owners, within 20 days after the date of filing thereof, and further shall indennify and save a]I the other unit owners and the Association frarmless from and against any and all costs, expenses, clainrs, losses or darnages including'without linitation, reasonable attorneysr fees resulting therefrom. (c) Labor perforrned or materials furnished for the general comnon elements, if duly authorized by the Association,in accordance with this Declaration or its bylaws, shall be deeued to be perforned or furnished with the express consent of each owner and shall be the basis for the filinq of a lien pursuant to law against eaih of the townhouse units. fn the event a lien is effected against two or more townlrouse units, the owners of the separate townhouse units may remove their townhouse units fron the lien by palanent of the fractional or Proportional amount attributable to each of the townhouse units affected.Individual palment shall be computed by reference to the Sharing Ratios. subsequent to palment, discharge or other satisfaction,the townhouse unit shall be released from the lien paid,satisfied or discharged. Partial payrnent, satisfaction or discharge shall- not prevent the lienor fron proceeding to enforce his rights against any townhouse unit not so released or discharged. Rev. L/26/90 6. AdminisLration and Managenent. (a) The Project shall be adroinistered and managed pursuant to this Declaration, the Articles of Incorporation and the Bylavs of the Association. Each oltner shall be a raember of the Association and shall remain a rnernber until he ceases to be an owner. Declarant shaLl be a mernber of tlre Association (the rrDeclarant Menbershipft) until such tine as four townhouse units have been constructed, sold and conveyed by Declarant. As nembers of the Association, each owner is entitled to one vote. Declarant, pursuant to the Declarant l{enbership, is entitled to one vote. Each mernber shall conply strictly with the provisions of this Declaration and of the Articles of Incorporation and Bylaws of the Association. The Association shall have the right to prouulgate and enforce rules governj.ng the use, naintenance and appearance of the general comnon elenents, the buildings and the Project in general , and the Association shall have the right to assign parking spaces, if any, in the general comnon elernents. Each member shalI be bound by and sha1l conply with the rules, resolutions and decisions of the Association duly made or adopted in the manner set forth in this Declaration or in the Articles of Incorporation or Bylaws. Failure of a rnenber to cornply with such provisions, rules, resolutions or decisions shaLl be grounds for an action to recover darnages or to obtain injunctive relief, or both, by the Association on behaff of the o\{ners or, in a proper case, by an aggrieved owner. fn addition, the Associationrs Bylaws nay authorize the Association, during the period of any delinguency (i) to revoke a delinquent owner's right to use any portion of the general conmon elenents designated for recreational purposes, if any, and (ii) to suspend a menberrs voting privileges; however, no such suspension shal1 affect the rights of a first lienor. - (b) The Association may eruploy or contract for the services of a manager provided that such ernploynent shaLl be by contract having a term of no rnore than three years and each such contract shall be subject to cancellation by the Association on ninety days notice, with or without cause. The board of directors (the rrBoard") may not delegate to a manager the authority to make expenditures for capital additions or inprovements chargeable against any portion of the annual budget, as defined in subparagraph I (b) herein, other than that portion specifically designated for capital expenditures. The nernbers of the Board shall not be liable for any omission or improper exercise by a rnanager of any such duty, power, or function so delegated by written instrument executed by a najority of the Board. 7 . llaiJqtenance and Repairs. (a) Each owner shall be soJ.ely responsible for maintenance and repair of the inside of his unit including, Rev. L/26/9o uithout liuitation, fixtures and inprovements and aL1 utility Lines and eguiproent located therein and serving such unit on1y.fn perfotning such maintenance or repair, or in improving or altering his unit, no owner shafl do any act or work which inpairs any general conmon elenent or the structural soundness of any unit, Party Wall or any building or which interf,eres with any easement. (b) The general conmon elements shall be adninistered, consenred, managed, naintained, repaired and replaced by the Association, which Bay have access to any parcel or unit thereon fron tine to tine during reasonable hours for such purposes, or at any tine for the purpose of naking energency repairs therein necessary to prevent danage to the general conmon elenents or to another parcel or unit. The costs of repairing any damage to a parcel or unit resulting from entry therein for any suctr pur;lose shall be a comnon expense of all the owners. However, if the need to nake such entry results from the negligence or intentional act of any owner or his guest, such owner shall reinburse the Association for al.I the costs of repairing such damage and shall be Liable to the otlrer ohrners for all additional losses or damages suffered including:, without limitation, reasonabLe attorneyrs fees. (c) Utility or service connecti.ons, Ilnes, facilities or equipment located in or on any of tlre parcels (but outside of the units thereon) or the general conmon elements, whether or not servicing only one unit, two or more units, the general cornmon elernents or any conbination thereof, shall be owned as tenants in conmon by the owners in undivided interests according to tbe owners' respective sharing Ratios then in effect, sha1l be adninistered by the Association as general cornrnon elenents and, except for any expense or liability caused through the negligence or intentional act of any owner or his guest, rrtrich shall be borne solely by such owner, all expense and liabilities concerned with such property shall be deemed conmon expenses. In addition,the Association shalI, as a conuron expense, provide exterior rnaintenance, exterior repai.r and exterior replacement upon each unit and the irrproved and uninproved portions of the parcel outside of the unit located thereon including, without linitation, the exterior valls, the foundations and the roofs housing the units and the sidewalks, parking areas, decks,stairs, patios, gardens and yard areas, if any, Iocated on each parcel . If the need for repair is caused through the negliqence or wiLlfuL act of any o\rner or his guest, such owner shall bear the entire costs of such repair or reconstruction. The Association shall have a perpetual easenent in and to that part of each parcel and unit thereon as is reasonably necessary for purposes of providing the naintenance, repair and inspection required hereinabove. Rev, L/26/9O o (d) Notttithstanding the foregoing, each owner sha1l pay all costs of repairing any danage to the general conmon elements or to any parcel or unit other than his own resulting from the negligence or intentional act of such owner or his guest. 8. Assessnents for conmon Expenses. (a) Each owner shall pay his pro rata strare of the common expenses, which proration shall be nade on the basis of the Sharing Ratios in effect on the date such cornmon expense is assessed. (b) The Board shall fix, deteraine, levy and collect annuaL and special assessments to be paid by each of the owners to meet the conrnon expenses and to create a contingency reserive therefor. Prior to the beginning of each fiscal year of the Association, the Board shall adopt a budget for that year. The budqet shall include, but shall not be linited to, an estinate of the costs of maintenancef repair and replacement of the general conmon elements and all other items required herein to be naintained, repaired and replaced by the Associ.ation, the cost of utillties and other services to be provided by the Association, the cost of insurance required by Paragraph t herein, and proposed capital expenditures. The budget shall include an adequate resera/e fund for the rnaintenance, repair and replacement of those general common elernents and those other iterns required herein to be maintained, repaired and replaced by the Association tlrat must be replaced on a periodic basj.s j-n order that suctr maintenance, repairs and replacernent nay be paid for through regular insta]lrnents rather than by special assessment. For the Associationts first fiscal year, the Board shall adopt the budget at the first neetinq of the Board and desiqnate the date of commencenent of the first annual assessment, with the costs for maintenance, repair and replacenent of the general connon elements and those other itens required herein to be maintained, repaired and replaced by the Association and any reserve fund needed therefor based on a good faith estinate of those costsi said estinate nay be based'on the costs incurred by sinilar associations in the general locale. Thereafter, the cost of maintenance, repair and replacenent and any reserve fund needed therefor shall be on the basis of the previous yearrs costs with such adjustments therefrorn as the Board considers appropriate. The budget shall also include the annual arsessment for each townhouse unit. Speeial assessments nay be levied whenever in the opinion of the Board it is necessary or advisable to do so (i) to neet increased operating or rnaintenance expenses or costs,(ii) to provide for additional capital expenses, or (iii) because of emergencies; however, if the proposed additional capital expenses at any given tiure are or would be in excess of ten percent of the rnaxinum replacement value of the buildings' as deterrnined by the Association pursuant to subparagraph 9 (c) 10 Rev. L/26/9o herein, in the aggregate for any calendar year, such expenses may be incurred only after the owners, by the vote of 75.0t of the owners, approve such ex;renses. All annual assessments shall be based upon an approved budget; all other assessments shall be in itemized statenent form and shall set forth ttre detail of the various e{penses for which the assessments are being made. (c) The Board shall prepare and provide to each ottner a statement for the annual assessment and any special assessment against his townhouse unit. AnnuaL assessments for the budgeted conmon expenses shall be paid in quarterly installments, each such installment due and payable in advance on the first day of each calendar quarter, or more frequent installnents as may be determined by the Board. Special assessnents shall be due and payable as specified in the written notice of such assessment provided by the Board. (d) The Board shall bave the right to add to any ownerrs assessment as provided in this Paragraph those amounts expended by the Association for the benefit of any individual townhouse unit and the owner thereof including, without Iinitation, fines (pursuant to rule adopted by the Association),repairs and replacements (to any parcel , unit or the general qourrnon elements) caused by the negligent or intentiona] acts of said owner or hiE guests; maintenance, repair, care of and replacement of general conmon elements appurtenant to a townhouse unit; and all other expenditures or charges provided for by this Declaration or the Bylaws. (e) If any assessment shall renain unpai.d ten days after the due date thereof, the Board nay iropose a late cfrarge on such defaulting ouner in a reasonable arcount or an amount equal to L.5 percent of such assessment, whichever is greater. Likewise, a late charge in a reasonable anount or in an anount equal to 1.5 percent of the unpaid assessment, whichever is greater, nay be inposed on the first day of each calendar month thereafter so long as such assessment shall be unpaid. Failure to make palment within 30 days of the due date thereof also shall cause the full arlount of such ownerfs regular nonthly assessnents for the remainder of that year to become due and owinq at once,at the option of the Board. fn the event it shall become necessary for the Board to collect any delinquent assessments or fees, whether by foreclosure of a lien hereinafter created, by corn'qencing of a court action or otherwise, the delinguent owner shall pay, in addition to the assessment and late charge herein provided, all costs of collection, including a reasonable attorneyrs fee and costs incurred by the Board in enforcing Payloent. (f) All suns assessed but unpaid for the share of conmon expense assessed to any tonnhouse unit shall constitute a Iien on such townhouse unit in favor of the Association prior to 11 Rev. 1/26/90 all other liens and encunbrances, except: (i) liens for general property taxes and special assessmentsr and (ii) the lien of any first nortg'age or first deed of trust of record encumbering such toirnhouse unit. The Associationrs Iien shall attach fron the date when the unpaid assessment shall becoue due and nay be foreclosed by the Association in like manner as a uortgage on real property upon the recording of a notice or clain thereof executed by the Association setting forth the amount of the unpaid indebtedness, the name of the owner of the torrnhouse unit, and a description of the townhouse unit. ff any such lien is recorded by the Assoclation, the olrner shall be required to pay the costs and expenses of the preparation and recording of the Associationrs lien including, witlrout linitation, reasonable attorneyrs fees, or $100.00, whichever j.s greater. In any foreclosure of the Associationrs lien, the orner shall be required to pay the costs and exglenses of such proceedings including, without linitation, reasonable attorneyrs fees. During the period of foreclosure the owner of the townhouse unit subject to such action shal.l be required to pay a reasonable rental to the Association. The Associ.ation shall be entitled to purchase the townhouse unit at the foreclosure sale, and to acquire, hold, lease, nortgage or convey the sarne. (g) No owner shall exernpt himself fron liability for palment of his share of the connon expenses either by waiver of the use or enjolment of any of the general connon elenents or by abandonment of his townhouse unit. (h) In case of sale or other transfer of a tovnhouse unit with respect to which suns assessed for connon expenses shall be unpaid, the purchaser or other transferee of an interest in such torrnhouse unit shall be Jointly and severally liable with the seller or transferor thereof for such unpaid assessments. Notwithstanding the abover any first lienor who obtains title to a townhouse unit pursuant to the renedies provided in the nortgage or foreclosure of the rnortgage nill not be liable for such unitts unpaid dues or charges whj-ch accrue prior to the acquisition of title to such townhouse unit by the first llenor. (i) Upon written request of any oe/ner, mortgagee,prospective mortgagee, purchaser or other prospective transferee of a townhouse unit, the Association shall issue a written statement setting forth the amount of the unpaid common expenses,if any, with respect to such townhouse unit, the anount of the current nonthly assessment, the date on which such assessment became or shall become due, the anount of any other charges due and owing fron such owner and the amount of any credit for prepaid expenses. Such statement, for which a reasonable fee nay be charged, is binding upon the Association in favor of any person who may rely thereon in good faith. Unless a request for such statement shall be cornplied with within ten days after receipt thereof, all unpaid conmon expenses crhich becane due L2 Rev. L/26/90 prior to the date of naking such reguest shall be subordinated to the lien or other interest of the person reguesting such statement. (j) Any party in favor of whom a Lien on a townhouse unit has been created nay but shall not be reguired to pay any unpaid conmon expense with respect to such townhouse unit, and upon such payment such party sha1l have a lien on such townhouse unit for the amount so paid of the same rank as the lien theretofore existing. (k) The Association nay require each oltner, other than Declarant, to deposit with the Association, without interest accruing to the owner, an amount not exceeding three tiroes the amount of one nonthrs connon assessment levied against the townhouse unit owned by such owner, which aroount sha11 be held by the Association as a reserve to be used for paying such ownerts periodic common assessnents, paying such ownerts special assessments, for working capital or other reasonable purposes deterroined by the Association. Such reserve payment shall not relieve an owner from ruaking regular payment of common assessments or payment of special assessments as the same becone due. Upon the sale of a townhouse unit, the owner thereof shall be entitled to a credit froro his qrantee for any unused portion of such reserve, which amount then held by the Association shaLL be transferred on the Associationts books to the account of the grantee. (1) Each owner hereby agrees that the Association I s lien on a townhouse unit for assessments as hereinabove described sha11 be superior to the Honestead Exemption provided by 538-41- 2OL, et. seg. (C.R.S.), and each owner hereby agrees that the acceptance of the deed of other instrurnent of conveyance j.n regard to any townhouse unit shall signify such granteers waiver of the Honestead Exeurption granted in said sections of the Colorado Revised Statutes. 9. fnsurance (a) The Association shall, on behalf of the oltners: (i) keep the buildings (including all of the units and aII fixtures therein, but not including furniture, furnishingts, or other personal property supplied or installed by owners) insured against loss or damage by fire, r.rith extended coverage (including insurance against loss or darnage by vandalism or rnalicious rnischief), in at least the amount of the maximum replacenent value thereof, deternined in accordance sith subparagraph 9(c) herein; 13 Rev. L/26/90 (ii) provide and keeP in force, for the protection of the Association, its officers and directors, and all the owners and first lJ.enors, general public liability and property damage insurance against claims for bodily injury or death or proPerty darnage occurring upon or in the generaL cotn4on eleroents or upon suclr parts of the parcels outside of the units Iocated tlrereon, in liroits of not less than SlrO00'OOo for bodily injury or death to any nunber of persons arising out of one accident or disaster, or for darnage to property, and if higher linits shall at any time be custoruary to protect against possible tort liability, such higher linits shall be carried. (iii) carry insurance in such amounts as the Association rnay consider necessary or advisable against such otlrer insurable hazards as nay from tiure to tine be conmonly insured against in the case of sirnilar property in sinilar locations elsewhere. (iv) carry directors and officers liability insurance in sucb amounts as the Association may consider necessary or advisable. (b) A11 insurance required to be carried under this Paragraph shall be carried in favor of the Association, the oltners and all first llenors, as thei.r respective interests nay appear. Each policy of insurance shall contain a standard nortgagee cLause in favor of each first lienor of a townlrouse unit which shall provide that the loss, if any, thereunder shall be payable to such first lienor, as its interest may appear, subJect, however, to the loss paleent provj.sions in favor of the Association hereinafter set forth. A1I policies of j.nsurance against dauage to the building and fixtures shall provide that losses shall be payable to and adjusted with the Association, as attorney-in-fact for the o\rners. The Association shall hold and apply the proceeds of such insurance as set forth in this Declaration. Eash insurance policy shall provS-de that no cancetlation thereof may be made by the insurance carrier vithout having first given 30 days' prior written notice thereof to the AssociatLon, the orrners and all first lienors. Each insurance policy shall also contain a rrseverability of interestn endorseaaent, that provides in case of violation of any provision thereof by the Association or one or nore (but less than all) of the owners, the coverage of such policy shall be suspended or invalidated only as to the interest of the Association or the owner or owners courmitting the violation and not as to the interest of any other owner. AII policies of physical danage insurance shall contain waivers of subrogation and of any defense based on co-insurance. Duplicate originals of aII policies of physical damage insurance and of all renewals thereof, together with proof of pa:rnent of premiuns, shall be delivered to all 14 Rev. L/26/9o first Lienors at l.east ten days prior to expiration of the then current policies. (c) The maxinum replacernent value of the buildings (whictt shall indisate the naximun replacenent value of each townhouse unit contained therein), without deduction for depreciation, shall be deter:nined by the Association prior to obtaining any policy of fire insurance or any renesal thereof by means of one or more written appraisals nade by conpetent,disinterested appraisers; however, appraisals need not be obtained nore frequently than at one-year intervals. Copies of such appraisals shaLl be furnished to each ouner and each firEt lienor of a townhouse uni.t. (d) Each owner shall be responsible for a]l insurance covering loss or damage to personal property in his unit and upon his parcel and liability for injury, death or danage occurring inside his unit or upon hi.s parcel . Any such policy shall contain waivers of subrogation and shall be so written that the liability of the carriers issuing insurance obtained by the Association sha1l. not be affected or dininished thereby. 10. Appointnent of Attornev-in-Fact. Each oriner by his acceptance of the deed or other conveyance vesting in hirn an interest in a townhouse unit does irrevocably constitute and appoint (a) the Association with ful1 power of substitution as his true and lawful attorney in his name, place and stead to deal with such interest so as to give effect to the provisions of this Declaration including, vithout lirnitation, as set forth in Paragraphs 4 and 18 herein and upon danage to or destruction of any building or real property as hereinafter provided, and (b) Declarant, with full power of substitution as his true and lawfu1 attorney in his name, place, and stead to deal with such interest in order to effectuate the reservations contained in Paragraph 19 herein, each with full power, right and authorization to execute, acknowledge and deliver any contract, deed, proof of 1oss,release or other instrument affecting the interest of such owner, and to take any other actioJr, which the Association or Declarant nay consider necessary or advisable to give effect to the provisions of this Declaration. If requested to do so by the Assocj.ation or Declarant. each olrner sha1l execute and deliver a nritten instrurnent confir:ning such appointnent. The action of the Association in settling any daroage or condennation clain shall be final and binding on all owners. No ovner shall have any rights against the Association or any of its officers or directors with respect thereto except in case of fraud or gross negligence. lL. Damacre or Destruction. In case of damage to or destruction of any building or any part thereof by any cause whatsoever, the Association (as attorney-in-fact for the owners)shall cause the building to be repaired and restored, applying 15 Rev. L/26/90 the proceeds of insurance for that purpose. ff the proceeds of insurance are not sufficient to pay the costs of repairing and restoring the building, the difference between the insurance proceeds and the costs of repair and restoration shall be a comnon expense to be assessed to all townhouse units and paid by all owners as provided in Paragraph 8 herein. Nothing contained in this Paragraph shall be construed as inposing any liability whatever on any first lienor to pay all or any part of the costs of repair or restoration. L2. oualitv of Work. Any repairs, renovation or restoration of the real property or any building covered by this Declaration by the Association as attorney-in'fact for the osners shall be done in such manner as to rnake the real property or the building at least as valuable after such work as it was inmediately before the occurrence reguiring the work to be done. L3. Amendrnent or Revocation. (a) This Declaration rnay be anended or revoked upon the written approval in recordable forrn of 75.02 of the owners and 75.0* of the first lienors, except that the provisions of this Paragraph 13, the provisions of subparagraphs 2(a), 2(el ,5(a), and 8(a) herein and Exhibit B relating to interests in the general cornrlton elements nay be arnended only upon such approval of all owners and all first lienors. (b) Notvithstanding the provisions of subparagraph 13(a) herein to the contrary, (i) Declarant Day anend this Declaration as otherwise specifically set forth in this Declaration, and (1i) so long as Declarant continues to ordn one or more tosnhouse units, no right of Declarant contained in this Declaration may be amended, rnodified or revoked wittrout the prior written consent of Declarant. L4. Propertv for Cornmon Use. The Association may acquire and hold for the use and benefit of aII owners, real property, as long as such real property is purchased at a foreclosure sale or if such property is to be uied as a managerrs unLt, and tangible and intangible personal property and may dispose of the same by sale or otherwise, and the benefieial interest in any such property sha1l be owned by the owners in the same proportion as their respective interests in the g'eneral corunon elernents and shall not be transferable except with a transfer of a townhouse unit. A transfer of a townhouse unit shall transfer to the transferee ownership of the transferorrs beneficial interest in such property without any reference thereto. Each owner nay use such property in accordance with the purpose for which it is intended, without hindering or encroaching upon the lawful rights of the otber owners. The transfer of title to a townhouse unit under foreclosure shall entitle the purchaser to the beneficial 16 Rev. t/26/9o interest in such property associated with tbe foreclosed townhouse unit. 15. Reoistration bv owner of Uailinq Address. Each owner shall register his nailing address with the Association, and, except for rnonthly statenents and other routine notLces which nay be sent regular mail, postage prepaid, addressed in the nane of the owner at such registered urailing address, all other notices or demands intended to be served upon an owner (whether by the Association or another owner) sha1l be sent certified nail, postage prepaid, addressed in the name of the owner at such registered nailing address. A1l notices, demands or other notices intended to be served upon the Association shall be sent certified nail, postage prepaid, to the address of the Association as designated in the Bylaws of the Association. 16. Duration of Declaration. Each provision contained in this Declaration which is subJect to the Laws or rules sornetimes referred to as the rule against perpetuities or the rule prohibiting unreasonabLe restraints or alienation shall continue and renain in ful1 force and effect for the period of 21 years following the death of the last survivor of Michael Lauterbach or until this Declaration is tenninated as hereinafter provided, whichever first occurs. A]1 other provisions contained in this Declaration shall continue and remain in ful.l force and effect until. January l, 2020. and thereafter for successive periods of ten years each, unless at least one year prior to January 1' 2o2o, or at least one year prior to the ex;liration of any such ten year period of extended duration, this Declaration is terninated by recorded instrument, directing termination, signed by all owners and a1l first lienors, 17, Architectural Control . No building, fence, waII or other inprovement or structure shall be conmenced. erected or naintained upon the Property, nor sha1l. any exterior addition to or change or alteration to the buildings be nade until the plans and specifications shoving the nature, kind, shaPe, height,color, naterials, and Location of the sarne shall" have been subuitted to and approved iir writing as to harroony of externaL design and location in relation to surrounding structures and topography by the Board or by an architectural comnittee composed of three'or nore representatives appointed by the Board. In the event the Board, or its designated conraittee, fails to approve or disapprove such design and location within 30 days after saLd ptans and specifications have been subsritted to it, approval will not be required and this Paragraph will be deened to have been fully cornplied with. After receivinq the approval of the Board, the owner shall thereafter obtain all other approvals as nay be required by the Master Declaration and by any governmental or quasi-governmental entity having jurisdiction over the Project. t7 Rev. L/26/9o 18. Easement, Lease, License and Use of General comnon Elements. The Association shal.L have the right to grant by easenent, lease, license or pennit the use of, by less than all owners or by nonowners and with or without charge as the Association may deen desirable, any portion of the generaL connon elenents or any townhouse unit owned by the Association. The rights granted to the Association in this Paragraph 18 shal1 only be used in the promotion of the collective best interest of the ohrners. 19, General Reservations. Declarant reserves (a) an easement and right of way upon, across, over, under and through improved and unimproved parts of the general conmon elements, to the extent necessary or convenient (as determined in Declarantrs sole discretion) for construction of additionaL buiLdings and inprovements on the Property including, without linitation, the right of Declarant and its agents, empJ.oyees, contractors and invitees to ingress and egress over the general conmon elenents,the right to maintain facilities on the general connon elenents including, without linitation, a business office, storage areas, construction yards, signs, model tovnhouse units, sales offices, construction offices and parking areas for construction personnel and prospective tenants or purchasers of tosnhouse units in the Project; and (b) the right to establish and grrant easements upon, across, over, under and through the general comnon elements to the extent necessary or convenient (as deternined in Declarantrs sole discretion) to provide access and/or utility serrrices to the Property. 20. Restrictive Covenants and oblicrations. (a) No Irnperilinq of Insurance. No owner and no onnerts invitees slrall do anything or cause anything to be kept in or on the Project that might resuLt in an increase in the premiums of insurance obtained for the Project or which night cause cancellation of such insurance without the prior written consent of the Association first having been obtained. (b) No Violation of Law. No owner and no ownerrs invitees shall do anything or keep anything in or on the Project which would be inmoral , irnproper, offensive or in violation of any statute, rule, ordinance, regulation, permit or other validly iuposed reguirement of any governnental body. (c) No Noxious. offensive, Hazardous or Annovinq Activities. No noxious or offensive activity shall be carried on upon any part of the Project nor shaLl anything be done or placed on or in any part of the Project r.rhich is or nay become an unreasonable nuisance, disturbance or annoyance to others. No activity shaLl be conducted on any part of the Project and no irnprovements shall be made or constructed on any part of the Project vhich are or night be unsafe or hazardous to any person 18 Rev. I/26/90 or property. No sound shall be eroitted on any part of the Project that is unreasonably loud or annoying. No odor shall be enitted on any part of the Project that is noxious or offensive to others. No ligtrt sha1l be eroitted frorn any part of ttre Project that is unreasonably bright or causes unreasonable glare. (d) No Unsiohtliness. No unsightliness shal-l be perroitted on or in any part of the Project. I{ithout liniting the generality of the foregoing, nothing shall be kept or stored on or in any of the general cornnon elements, nothing shall be hung or placed upon any of the general common elenents, and nothing shal.L be placed on or in windows or doors of the Project, which would or roight create an unsightly appearance. (e) Restriction on Aninals. No anirnals, livestock, horses or poultry of any kind shaIl be kept, raised or bred on any parcel , within any unit or within the general common elements, except that dogs, cats or other domesticated household animals not to exceed two in nurnber rnay be kept by an owner as household pets so long as such pets are not a nuisance to any other owner. Household pets sha11 not be allowed on the general common elernents unless accompanied by an owner or an ownerrs guest and unless said pet is under their direct controL by use of a leash not to exceed ten feet in length. No aninals shalI be allowed to remain tied or chained to any decks, balconies, patios or otber parts of the Project, and any such anirnal(s) so tied or chained may be removed by the Association or its agents, at the expense of the o\.rner of such anirnal(s) and without liability to the Association or its agents. (f) Restrictions on Siqns. No signs or advertising devices of any nature shall be erected or roaintained on any part of the Project without the prior written consent of the Association. The Association shall permit the placing of at Ieast one sign of reasonable size and dignified form to identify the Project and the units therein. (S) Trash and Unsiqhtlv Uses. Unsightly objects and materials sha1l not be placed upon any part of the Project and no part of the Project rnay be used as a dumping ground for garbage, trash or other waste, and the sane shafl be disposed of in a sanitary nanner. The Association shall have the rlght to enter upon any part of the Project to remove such refuse piles or other unsightLy objects and material at the expense of the owner causing the sane, and such entry shall not be deemed a trespass. (h) Parkinq Areas. No vehicle of any type nay be parked on the general conmon elernents except in parking spaces designated by the Association. No commercial type of vehicle and no recreational vehicles shall be stored or parked on the Project (includi.ng, without lirnitation, on any parcel unless parked within an enclosed garage) except in areas, if any, designated by L9 Rev. I/26/90 the Association. A recreational vehicle shalL include for purposes of this Declaration, motor hones, Dotor coaches, buses, pickup trucks with canper tops or similar accessories. boats, canping trailers or trailers of any t1pe. Parking spaces shall be used only for parking autonobiles and raotorcycles and not for any other storage purposes. Motorcycles shall not be stored on porches, bal.conies, decks, patios or yard areas located on any parcel . (h) No Yiolation of Rules. No ouner and no ownerrs guests shall violate the rules and regulations adopted fron time to time by the Assoqiation, whether relating to the use of units,the use of, general conmon elements or otherwise. Deternination with respect to whether or not a particular activity or occurrence shall constitute a violation of tltis Paragraph 20 shall be nade by the Board and shall be final , 2L. Effect of Provisions of Declaration. Each provision of this Dectaration, and agreenent, promise, covenant and undertaking to cornply with each provision of this Declaration, and any necessary exception or reservation or grant of title,estate, right or interest to effectuate any provision of this Declaration: (i) shall be deemed incorporated in each deed or other instrulent by which any right, title or interest in any towntrouse unit is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrunent; (ii)shall, by virtue of acceptance of any right, title or interest in any tomhouse unit by an owner, be deemed accepted, ratified, adopted and declared as a personal covenant of such owner and, as a personal covenant, shall be binding on such owner and his heirs, personal representatives, successors and assigns; and,shall be deemed a personal covenant to, with and for the benefit of the Association and of each owner of any townhouse unit; and,(iii) shall be deerned a real covenant by Declarant, for itself,its successors and assigns, and also an eguitable servitude, running in each case, as a burden with and upon the title to each and every townhouse unit. 22. Enforcement and Remedies. Each provision of this Declaration shall be enforceable by the Association or by any owner by a proceeding for a prohibitive or mandatory injunction and/or by a sult or action to recover darnages. ff court proceedings are instituted in connection with the rights of enforcenent and renedies provided in this Declaration, the prevailing party shall be entitted to recover its costs and expenses in connection therewith including, without linitation, reasonable attorneysr fees. Failure by the Association or by any o\.rner to enforce any provision, covenant or restriction herein contained in no event shall be deemed a waiver of the right to do so tlrereafter. 20 Rev. L/26/94 f 23. ceneral . (a) If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word, or the application thereof in any circumstance be invalidated, such invalidity shal.l not affect the val.idity of the remainder of this Declaratlon, and the appllcation of any such provision, paragraph, sentence, clause, phrase or word in any other circu:nstances shall not be affected thereby. (b) The provisions of this Declaration shall be in addition and supplemental to the Condoniniun ownership Act of the State of Colorado and to all other provisions of law. (c) $lhenever used herein, unless the context shall othenrise provide, the singular nunber shall include the plural ,the plura1 the singTular, and the use of any gender slrall include all genders. IN WIINESS VIIIER8OF, Declaration this - day has duly executed this Declarant of ,19 UL-BW PATTNERSIITP, A Colorado general partnership By: By: BRIDAL WALK USA INC., a Colorado corporation, a General Partner J. /Lauterbaclt, a General Partner J. Walker, President 2L Rev. L/26/9O ,t STATE OF COIPRADO COI'NTY OF EAGLE day of ceneral Partner of ML-BW )) ss. ) Thaforegoing instrument was acknowtedged before me this Y-, L9%-, by Michael J. Iauterbach, as a Partnership, a Colorado general partnership. I{itness ny hand and official seal . Ny conrnission expires: sllclj R.ev. L/26/9o 22 STATE OF COIORADO COT'NTY OF E.AGI,E (SEAL) STATE OF COI'RADO COT'NTY OF EAGI.,E Lrs..t \)\ f-' llLr\r- by Bank, President ss. The f,€gggoing instrunent qas acknowledged before me xnis f*day of //n4'0 A , , Lg fl , by williarn J. walker, as President of Bridal Walk USA, Inc., a Colorado corporation, as a ceneral Partner of ML-BW Partnership, a colorado general partnership. Witness ny hand and official seal . I.!y cornmission expiresz 3/z/?C The undersigned holder of a certain deed of trust upon the property covered by this Declaration, recorded in Book - at Page - of the records in the office of the Eagle County, Colorado, Cterk and Recorder, hereby consents to the foregoing Dectaration and subordinates its interest in the property described therein to the rights and obligations created thereby. Notwithstanding such consent and subordination, all the rights of Declarant in and to such property shall reuain encumbered by such deed of trust. VAIL NATIONAI BANK )) ss. ) The foregoing instrument was acknowledged day of lrra-rc,/r., , L91J)_, as _ President of VaiL National Witness ny hand and official seal. My conmission expires: U -1 -lqgf Sluwtt^ eal, before 23 Rev. L/26/9O tr' EXIITBIT A (Attached to and nade a part of Townhouse Declaration for EIk Creek Townhoues.) LEGAL DESCRTPITON EXCEPTTONS TO TITLE General taxes and assessnents for the year for aII subseguent years. and 1. 2. 3. 4. 5. This Declaration including, without liloitation, aII terms, conditions, stj.pulations, resenrationsf restrictions, easements and rights of way contained herein. All present and future plats of the Property including, without linitation, all reserrrations, restrictions, easements and rights of way contained therein. Existing building and zoning ordinances and codes. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Fatent recorded JuIy 13, 1.939, in Book 123 at Page 617. Restrictions as contained in instrument recorded Marclr 5, 1974, in Book 233 at Page 628, as Reception No. L29526 and Amendment thereto recorded Septenber 24, 1975, in Book 24L aE P'age 950 as Reception No. 138069. Easernents for drainage, utilities and, pedestrian use as shown on the PIat of Vailr/Potato Patch recorded as Reception No. L29527 and as reserved or set forth in instrument recorded March 5, t974, in Book 233 at Page 628 as Reception No. l-29526. Al.1 recording references are to the real property records in the office of the Clerk and Recorder of Eagle County, colorado. 5. 7. NOTE: Rev. L/26/9O I . ",l.u EXHIBTT B (Attached to and made a part of Tosnlrouse Declaration for Elk Creek Townhones.) Interests in General Comnon Elements ParceI Percentage Ownership in General Co@on Elements Appurtenant to the Parcel P(ev. L/26/9O Lot 34, Potato Patch MDMF zoning Buildable as shown on survey dated 5-7-91. - 401758. Lot area from same survey - 43t445 GRFA allowed (35* of buildable area) - t4,265.3 Site coverage allowed (45* of site area) - L9'550.7 According to Field Buildinq Permit Chanqes Parcel 4 = GRFA 2467 (v) Site Coverage L805 Parcel 3 = GRFA 247'lb 4'n'qz - nl = z3os (vII) Site Coverage 1733 Parcel 2 = GRFA 2352 7-24-91 +52 = 24Q4 (VIII) Site Coverage 1335 + 0 = 1335 Parcel 1 = GRFA 2527 (VI) Site Coverage L7 4'l Parcel 5 (Parcel A = GRFA 2L70.2 6-26-9L +L44 =23L4.2 East) Site Coverage 1518.1 +100 =16L8.1- Parcel 6 (Parcel A GRFA L76O t lrS/il -t g.y'- /"bd.4 v{est) site Coverage 1o?3 ,,,./.r/ztt /459' t< t,t -1.1c-"{t i loo /,&4'z -l p ' /o-73 GRFA alloYed on site GRFA approved with building permits - GRFA approved for field changes during construction Site coverage al.J-owed on gite Site coverage approved with building pernits - Lot Number Parcel Parcel z 5 Date 7 /24/ 9L 6/26/ 9L L4 | 265 .3 L3,7 43 .2 522.L AmT. of GRFA -52 ffi.t -L44 326.r - {.o 3?t./ 19, 550 . 7 9,2L2 .t L0, 338 . 6 Ant. of Site Coveraqe - 100.0 t0 ,238 .6 p*,J h */rs/a1 t*,/ s n f'*',t/k t;fzs/'l/ 7f.f -zz2 ' 3 /t -*-( Z 4't'l'7L + 12l,o anal'Lfu G{rn = 3?3'3 V 5i2,, ( Lot Number Site coverage for field Parcel changes during construction i10.t ( -'I .b o t b Qq,e '-J l\, -/o'. J D o J @ &oz'z (,o c ,-o I N 6 (, o) € o (, o \* \@- t- J 'd P t\){ .tr fn -@ 'l \3,_ {o ? o 5 61, I{oo €I o n ,s t\ () N 6 t- T u 6 I J F N t ) s N \c) ;t \o om @_(,o 'rl N I I al D' lo.l : :tt 2 I"j ll z I \ u|l l-ol< I @\I .'t I Dl \o ;\ I \ \ I \ \l g ;5 co. ()r ',b ;-' I I \ iFl '.^ .Ei f*{ \ --- ;i -: L:'3r I ao D.\ x 2 o - -o-3i.31;'r \\: (r-, 3 ;l rO ia fc.r\'; t!';;*:. g T rr r- i' |\, ,o- ('| ,,rl N (o- ) t' tsl @ o !u o o -!o iS--o* 3 ? o ; J N irJt :: 3 a ,60 os -- 3 "Ct Jr ;c; .t ."3 ptll.af- g/.{{1,\.,, ?6? Potato patch Drlve Vall, Colorado LEGAL DESCRIPTION Proposed Parcels 1, 3, and 4, Elk Creek Townhones, a proposed resubdlvlslon of Lot g4,Block 1, Vall\Potato patch, Town of Vall, County of eagli, State of Colorado. IUPROVEUPNT LOCATION CERTIFICATE I hereby certlfy that thls lnprovenent locatlon certiflcate was prepareat for ML - BI{Partnership, a general partnership, that lt ls not a land survey plat or lnprovenent survey plat' and that 1t ls not'to be relled upoo for the establishnent of fence, buildlng, or other future lnprovenent llnes; I further certlfy that the lnprovduents on the above described parcel on thls date, August 24' 1990' except utility connectlons, are entirely withln the boundarles of the parcel,except as shown, that there are no encroachnents upon the descrlbed prenises by iraprovenents on any adJolnlng prenlses, except as lndlcated, and that there ls no apparen:evidence of any easenent crosslng or- burdenlng any part of sald parcel , except as noted. Note: Rldge elevation for BulJ.dlng 1 ts 8541.01 '; rtdge elevatlon for Bullding 4ls 8536'11r; and Bulldlng 3 has only the foundatlon conplJted so rldge elevatlons catrnot be deternined at this ttue. Note: There was no flnal tltl.e pollcy avallable for thls certlflcate so there Day be'easenents. or rights-of-way of record other than what ls shown on thls certl.ficate. Thls certlflcate is based on tltle connltnent nunber 9ooo5906 prepared by ster,rart TltIe Guaran+.y company, dated February zg, L990. Note: Based on FEI'IA napping for the Town of vatt, the J.nprovernents lle roithtn Zone c. Notice: Accordlng to Colorado law, you must conmence any legal actlon based upon any defect ln this certlficate within three yeals after you iirst dl.scover such defect. rn :ro event Bay any actlon based upon any defect ln thls certlflcate years fron the date of certlftcatlon shown hereon. d nore than ten P.L.S.6826 Page rt&1e- ./c,. Tqt. Ekv. tr54/,ot 8So7. o IVE .Mu4(o*. S,ttt"yittg & E tgrn""ring, Itt". 205 l. ^rrr-\!r lv.. . t.O. tor !,5!a, !.91., CO lt63t . !l!-?20! 1[E'st'Zfo'Fli,w 2of2 httn l|flI 75 soulh lrontage road Yall. colorado 81657 (303) 479-2138 (3(B) 47S2139 Augrust 7, L99o Ftl.t cuPl !tr. Michael Lauterbach P.O. Box 345L Vail, Co 81658 RE: I,ot 34, Block I VaiI Potato Patch Subdivision Dear Mike: Pursuant to your request, I have reanalyzed the GRFA calculations ior Rlpine f6wnnorneJ V, VI , and VII. Due to some recent changes you naie made in the fioor plan configuration, the final GRFA shall be as follows: Alpine Townhome No. V: Alpine Townhome No. vI: Alpine Townhone No. VII: If you should have anY questions above figTures, Please feel free Sincerely, A-/" /1,4(L Mike Mollica Senior Planner cc: Fred Haslee, Upper Eagle Valley water and Sanitation olllce ol communlty devclopm€nt 2,467 sq. ft. 2,527 sq. ft. nt 2,4ffi sq. ft. or concerns regarding anY of the to contact me at 479-2!34.