HomeMy WebLinkAboutDocuments & Plans - 1987-2003Proiect Name:
Proiect Descriplion:
Contact Person and Phone
Project Application
Owner. Address and Phone:
Architect, Address and Phone:
Legal Description: Lot Filing Zone
Comments:
Design Review Board
Date
Motion by:
Seconded by:
Summary:
.i( rt?,. , ln i-
Town Planner
a IaProject Application
on qrt z o,/t ?
Contact Person and Phone
Owner, Address and Phone:
Archilect, Address and Phone:
Legal Description: Lot Block Filing Zone
-
Comments:
Design Review Board
Date
Motion by:
Seconded by:
DISAPPROVALAfPROVAL
,/l -. i'
Summary:
E statt Approval
a
\Project Application
o*" lD' B-61
€l-Proiecl Name:
Proiect Description:
Contact Person and
Owner, Address and Phone:
Architect, Address and Phone:
Legal Description: Lot Block Filing Zone
-
Comments:
Design Review Board
Date
Motio\E:
Seconded by:
APPROVAL DISAPPROVAL
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, ,FPO ENT*to RECETVTNG PAGE: 1RloRr
FPO NIIMBER : F1-9582 DATE RECEMDs 3/11,/03
REMARKS : REFI]ND CIJEAN UP DEPOSIT
RECEII/ED BY: LC ENTEREDI 3/LL/03 8:39 BY: I,CAT'IPBEI-,L
VENDOR: 0000001 - David Schermerhorn
INVOICE NUMBER: 888-3s66 IIWOICE DATE: 3/LL/03
TNVOICE POSTED: 3/t!/03 8:39 BY: T.,CAMPBEL,L
PAYMENT DUE: 3/11./03 AIVIOI]NT: $ 5O0.OO
ACCOI]NT# PRO.]# AII{OI]NT ITEM DESCRIPTION
00100003194400 $ 500.00 REFIIND CI-,EAN UP DEPOSTT
I
hwn
75 soulh fronlege road
Yail, colorado 8't657
(303) 476-7000
department ot publlc works/transponatlon
TO:
FROM:
DATE:
RE:
In sumurary, Ordinance No. 5 states that lt is uolawful for any person to
lltter, track or deposit any soil, rock, sand, debrls or material, lncludlng
trash dumpsters, portable toilets and worknen vehicles upon any street,
sidewalk, alley or public pLace or any portion thereof. The right-of-r^ray
on all Town of VaLl streets and roads ls approxinately 5 ft. off pavement.
This ordinance will be strictly enforced by the Town of Vai-l Publlc lJorks
Department. Persons found violatlng thls ordinance w111 be given 24-hour
written notl-ce Co reBove said material. In the event the person so notifLed
does not conply lsith the notice within the 24-hour tirne specified, the
Public Works Department will remove said material at the expense of person
notified. The provisions of this ordinance shall not be applicable to
constructlon, maintenance or repair projects of any street or alley or anyutllities in rhe rlght-of-way.
To review 0rdinance No. 6 in full, please stop by the Town of Vail Building
Departnenc to obtal-n a copy. Thank you for your cooperation ln this matter.
Read and Acknowledged by:
\
DaE e
VAIL1989
MEMORANDW
ALL CONTMCTORS CIIRRENTLY REGISTERED }'ITH THE TOWN OF VAIL
TOWN OF VAIL BUILDING DEPARTMENT
MARCH 16, 1988
ORDINANCE NO. 6
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(twft One
ilppe,< fr 513.45 sqq 4
z?ior^ ffi,85o y:
Q^@lt'fufts,n@lototw'tsn'
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Ore, .3o 2/3c,C/F =w6 77, oo
- 3oo'00 4* &g"2e J7
hun
75 soulh lrontrge road
Yail, colorado 81G57
(303) 47$'2138
(303) 47$213!)
oflice ol conrmunlty developrnsrl
February 27, 1990
Mr. John Nilsson
Vacation Properties
286 Bridge Street
VaiI, Colorado 81657
Re: victorians
Dear John:
I understand that you are requesting a fj-naI certificate of
ocsupancy for the Victorians. In checking our files and in
speaking with Rick $zlman, we find that a gazebo was proposed for
the open space near the center of the grouping of homes. This
gazebo was approved as part of the final landscaping plan by the
Design Review Board.
If you wish to elininate this gazebo, hle request that you present,
written approval of all the owners of the Victorians and tlren apply
to the Design Review Board for approval . When we trave received the
Ietters and the proposal , we wiJ-l schedule you for a Design Review
Board meeting. a
If you have any further questions about this project, please do not
hesitate to caLl.
Sincerely,
MrAl"'-lPlanning Technician
cc: Kristan Pritz
l?i'li'fl,J1;ffi lTf,ii 8".;'3:,ete berore O /Please check orr in the box provided. ((fflL4
FINAL INSPECTION' S COI,,IPIETEg
DATE:
3re L
rJpft +
FINAL ELECTRI CAL
DATE:
tl FINAL BUILDING
DATE:
TEMPOMRY C of 0
DATE:
CERTIFICATE OF OCCUPANCY
DATE:
t- / r(.Le-0 . Lt--t /.tt/cch^
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FINAL INSPECTION'S COMPLETED
The belor items need to be complete before
giving a permit a final C of 0.
Please check off in the box provided.
FINAL PLUMBING
FINAL MECHANICAL
ELECTRI CAL
FINAL BUILDING
CERTIFICATE OF OCCUPANCY
TEMPOMRY C of 0
ffirti" r
PERMIT NUMBER OF PROJECT
a
SPE REQUEST
VAIL
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, rNilrcJ,t*oN, $FouEsr
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ACCOUNT #
TOTAL
AMOUNT
01 0000 41330 COM. DEV. APPLICAT]ON FEES
01 0000 41540 ZONING AND ADDRESS MAPS
01 0000 4241s 1988 UNIFORM BUILDING CODE
01 0000 42415 1988 UNIFORM PLUMBING CODE
1 0000 42415 1988 UNIFORM MECHANICAL CODE
01 0000 42415 1988 UNIFORM FIRE CODE
1 0000 42415 1987 NAT'IONAL ELECTRICAL CODE
1 0000 42415 OTHER CODE BOOKS
01 0000 41548 BLUE PRTNTS (MY-ARS)
01 0000 42412 xERox coPtES / STUDTES
'l 0000 42J71 PENALTY FEES / RE_|NSPECTION
01 0000 41322 oFF H oUR s tN.:l E,c-tgry.FFE
CONTRACTORS UCENSES FEES
0t 0000 41330
0l 0000 41413 SIGN APPLICATION
DATE
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Ricll FiIeman
Pl anni n-q Dept .
-l t:wn of Vai I
Vail, Cal.orado
Rr*: Uni t #1 - Vi ctnri *ng art Vai I
Dear Fti c !r .
t'ili tfr the qc,od recepti nn wp have had to t:l-rr {irst twct
"Victsriang *t V;ri I " ! l,{ s ilre getting ready to gl:art ancther one.
Iti,ck, tfris letter and ther *ttactred set u4 plans are the {ol low-urp
on oLlr telephane conversation t:n l*londay when wtr disclrgsed getting
tirig sutbmlgsion in {or the, l.lay 18th Desiqn Revie*w Etoard meeting.
lhe architectg,' bJol.{e 3r Lyt:ns., are senrJirrq the cc:lor scheme
di rectl y to Jnhn hli I gson and he wi I I trri ng i t ove'r to yt:t.l as soc:nas he recei. ves it"
Ri qht now oLrr p I an i s tn -qo *hectd and purt sl I three
f onndat-i ong in {cr the bslarrce s.f {:t're utni ts in ttre praject, andttrig "Unit #1" is trne m{ thnse lrnits. The: architectg are workingt)r-t t-fre ot-her two r-rnits and we hape to gubmit thoge as 6ocrn agpossible" It ig sutr rJer;i r* tr: e:lcavahe ancl purt the {oundationgin fcrr the remaining hct-rses in .Ir-rrre, trhich wilL ttrerr allr:w us to
rorrpl ete qradingn pavinr:1 ,, arrd cJ.eaning Llp the nrrtire siite go a*to cr-e*ate as 1 j. ttl e f r-rturre rli srlr;:ti. cln tr ttre sli ter and present
own*r'E. "
Thankg {ar yourr cr:nperati on and i { ynr-r have iiny
I:l ease cal l me.
qurest i onr",
Sii ncerel y,O^^;1fu
Davi d Sctrerme-'rhorn
1S 1& $everrte'ent fr St.
I]enver ! [o" H ti:]I
6:;18-3:i 7u
ORDINANCE NO. 30
Series of 196/"
AN.ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT,
Crruowru AS spEcIAL DEVELopMENT DISTRIcT No. t&.
VICToR.IAN AT VAIL) AND THE DEVELOPMENT PLAN IN TSCORONruCT
WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE IN SETTING
FORTH DETAILS IN REGARD THERETO
WHEREAS, Chapter 18.40 of the Vail Municipa1 Code authorizes special
development districts within the town; and
I.,HEREAS, the WSN Partnership has submitted an application for a special
development approval for a certain parcel of property wjthin the town known as Lot
2, Block 3, Bighorn 3rd Subdivisjon to be known as Special Development District
No. 18; and
WHEREAS, the establishment of the requested SDD lewill insure unified and
coordinated development within the Town of Vail in a manner suitable for the area
in which it is situated; and
l,lHEREAS, the Planning and Environmental Commissjon has recommended approval of
the proposed SDD ; and
WHEREAS, the Town Council considers that it is reasonable, appropriate, and
beneficia'l to the town and its citizens, inhabitants, and visitors to establish
such Development District No. 1S
NOt,l, THEREFORE, BE IT ORDAINED BY THE TOI,JN COUNCIL OF THE TO}JN OF VAIL,
COLORADO, THAT:
1. Amendment Procedur Pl ann inq Commission Reoo
The approva'l procedures prescri bed in
been f u'l f i'l I ed, and the Town Counci l
Envi ronmental Comrni ss i on recommending
SDD 18.
Chapter 18.40 of the Vail
has received the report of
approva'l of the proposed
Municipa1 Code have
the P'l anni ng and
development plan for
Sectjon 2. Special Development District 18
Special Development District No. 18 (SDD 18) and the development plan therefore,
are hereby approved for the development of Lot 2, Block 3, Bighorn 3rd subdivision,
within the Town of Vail consisting of 0.953 acres.
Sect'i on 3. Purpose
Special Development Distrjct No. 1.8 is established to ensure comprehensive
development and use of an area that will be harmonious with the general character
of the Town of Vail. The development is regarded as complementary to the Town by
the Town Councjl and meets all design standards as set forth in Section 18.40 of
the Munjcipal Code. As stated in the staff memorandum dated August 10, 1987, there
are signif.i cant aspects of Special Development District No. 18 which are difficult
to satjsfy through the imposition of the standards of the residential cluster zone
district. SDD 18 a'l lows for greater flexibi1ity in the development of a cluster
,i ..-
subdivision ifr would be possib1e under the current zoning of the property.
Bu.i lding envelopes will be established whjch designate the area as upon the site in
which development wj lI occur. The establishment of these buj lding envelopes
permits the subdivision of these units,trh+#;-1*ts-'the developer to carry out the
concept of SDD 18.
Section 4. Development Plan
A. The development plan for SDD 18 is approved and shall constitute the plan tcr
for development within the Special Development Distri ct. The development plan
is compr.i sed of those plans submitted by the WSN Partnership and consists of
the following documents which wilI be fjnalized at the major subdivisjon final
pl at rev i ew.
1. Preliminary plan the victorians at vail dated August 7,1987 Steven K.
Scott Colorado Registered Professional Land Surveyor'
2. Topographical survey Lot 2, Block 3, Bighorn subdivis'ion 3rd addition
steven K. Scott colorado Registered Professjonal Land Surveyor.
Architectural and desisn pl9n9 tr!ry!!11 bv the Architrl$or Desisn
Group dated 5/LB/B1 that consist of sheets--l t;r*gh s.*'Wergeneral
submittat documents that defjne the development standards of the Specia1
B.The development plan shall adhere to the following:
Acreage
The total acreage of the site is 0'953
Permitted Uses
The permitted uses for the site are proposed to be:
a. Single-family residentia1 dwellings
b. 0pen space
c. Public and private roads
r. /trr e.dod-q"'?lc VL^ ]41,||.J U, tta- -4'cl"' *"Lt ilet'1a
GL.r , d.l.nd dp-1,o7,
Conditional Uses
a. Publ i c uti 1 i ty and publ i c servi ce uses
b. Public buildings, grounds and facilitjes
c. Publ i c or prj vate school s
d. Public park and recreation facilities
e. Private clubs
4. Accessory Uses
a. Private greenhouses, toolsheds, playhouses, attached garages or car
ports, swimmjng pools, patios, or recreation facjlities customarily
incidental to single-fami'ly res'idential uses.
b. Home occupations, subject to issuance of a Home 0ccupation Permjt jn
accordance with provisjons of sections 18.58.130 through 18.58.190;
c. 0ther uses customari'ly incidental and accessory to permitted or
condjtional uses, and necessary for the operation thereof
5. Development Standards
Proposed development standards are as follows:
a. Lot area not applicablerbui lding envelopes govern,
8ui lding envelopes
1. .080 Acre
2. .080 Acre
3. .080 Acre
4. .080 Acre
5. .080 Acre
Common Area and Open Space 6. .553 Acre
6. Setbacks
Minimum setbacks for the location of structures from the exterior
property lines of Lot 2, Block 3, Bighorn 3rd shall be twenty (20) feet
from the front property line fjfteen (15) from the side and rear.
Setbacks from the platted building envelopes shall be five (5) feet.
Roof over hangs and decks may encroach half way into thjs required
setback.
7 . Dens ity
Maxjmum of five single-family structures shall be allowed in accordance
with the development p1an. One single-family structure shall be allowed
within each of the designated building envelopes. A tota'l gross
residential floor area attributed to the project shall be 9,000 square
feet.
8. Site Coverage
Not more than twenty-five (25) percent of the total site area of the
Special Development Distri ct shall be covered by buildings.
9. Buildjng Heisht
Building height shall not exceed thirty-three (33) feet.
10. Parkins
Two parking spaces shall be provided per unit wjth one of the two spaces
to be enclosed.
11. Landscapi ng
The entire portion of the building envelope not covered by pavement or
buildings shal'l be landscaped as well as any areas outside the building
envelope disturbed during construction.
lZ. Design Guidel ines
The architectural design of the bui'l dings constructed on site shall be
controlled by the development plan submitted as a part of the Special
Development District. Minor changes to this architecture may be approved
by the Design Review Board.
13. Recreation Amenities Tax
Recreation Amenities Tax shall be .30 per square foot as is consistent
with the residentia'l cluster zone district.
14. Protective Covenants
Prior to major subdivision final p'l at approval , the developer shal 1 file
protective covenants on the land records of Eag'l e County which will
provide for the formation of a homeowners or condominium association.
These covenants shall include provisions providing a vehicle for
financing of common improvements and maintenance. These covenants shall
also provide for equitable distribution of any available GRFA that may
be util ized for further construction on this site.
Section 5. Anendments
Amendments to the approved development plan which do not change its substance may
be approved by the Planning and Environmental Commission at a regular'ly scheduled
public hearing in accordance with the provisions of Section 18.66.060. Amendments
which do change the substance of the development plan shal 1 be required to be
approved by Town Council after the above procedure has been followed. The
Community Development Departrnent shall determine what constitutes a change in the
substance of the development p1an.
Section 6. Expiration
The applicant must begin construction of the Special Development District within 18
months from the time of its fina'l approval, and continue diligently toward the
completion of the project. If the applicant does not begin and diligently work
toward the completion of the special development district or any stage of the
spec'ial development district wjthjn the time limits imposed by the preceding sub-
sect'ion, the P'lanning and Environnental Commission shall review the special
development district. They shall recommend to the Town Council that either the
approval of the special development district be extended, that the approval of the
special development distrjct be revoked, or that the special development district
be amended.
Section 7.
If any part, section, subsection, sentence, clause or phrase of this ordinance js
for any reason held to be invalid, such decision shall not affect the va1 idity of
the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence,
clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared inva'l id.
Section 8.
The repeal or the repeal and re-enactment of any provisions of the Vail Municipal
Code as provided in this ordinance shall not affect any right which has accrued,
any duty imposed, any vjolation that occurred prior to the effective date hereof,
any prosecution comnenced, nor any other actjon or proceeding as commenced under or
by virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby sha'l I not revjve any provision or any ordinance previously
repea'l ed or superseded unless expressly stated herein.
INTRODUCED, READ AND PASSED ON FIRST
1987, and a public hearing shall be
, 1987 at 7:30 P.m' in the
Bui l di ng, Vai'l , Col orado.
Ordered published in fulI this
ATTEST:
THIS day of
this ordinance on the
Chambers of the Vail
READING
held on
Counci'l
day of
Muni ci pal
Pamela A. BrandmeYer, lown ulerK
INTRODUCED, READ AND APPROVED
this
ATTEST:
day of , 1987.
ON SECOND READING AND ORDERED PUBLISHED
day of , 7987.
Pamela A. Brandmeyer, fown clerK
ffiM6
Warffi *rtlAtv
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Viele stated that the total Golden Peak area was deficient inparking and pointed out that the childrenrs center would beusing 45 empl-oyees. Diana asked if the children,s centerwould be used in a siniJ-ar way in the sunmerr and Hunn repliedthat it would.
Diana rnoved and Peggy seconded to recommend approval to amendthe Ski Base/Recreation district with the followingconditions:
1. That VA contribute 5Ot of the cost of construction of acolored concrete walkway frorn the Ramshorn property to theexisting llanor Vail walkway. Town of VaiI rrill also be a
508 partner.
2. That the Design Review Board review the concerns of thestaff regarding the pedestrian circulation and walkwayareas of the bus stop regarding colored concrete orpavers.
3. That the Town of Vail and Vail Associates study the totaltraffic situation between the Ramshorn and Ski CIub Vailprior to construction of the chil-dren,s center.
The vote
(Hopkins
was 5 in favor, none against, vith 2 abstaining,
and Hobbs)
entation of the finat lat fororn Road.WSN P
Rick {zlrnan explained that this application, Special
Developrnent District #18, received final approval fron the TownCouncil in August of L9A7. crant asked about the overheadwires possibly being buried in the near future. Rick repliedthat they had talked about getting together with ottrer property
ort/ners concerning burying the lines, but could not acconplishthis and this was not a requirement for final approval. He
added that the electric lines on this property wereunderground. John Nilsson, applicant, added that they tried tobury the power lines, but couldntt get Holy Cross toparticipate. Rick added ttrat they had hoped to have the lineburied itt tne way to Pitkin Creek Park Condos.
Diana wondered if it would be appropriate for the Town Councilto write a letter to Holy Cross. Rick said that it would be,and that this was not the only area that was of concern to theTown. Peggy asked about the bike path and Rick said they werenot required to build one.
Bryan rnoved and Diana seconded to approve the final plat. Thevote was 7-O in favor.
4.
L
Victori
FIRST
BANK
DATE:
AI{OUNT:
NUMBER:
EXPIRATION DATE: July 14, 1988
Mr. Ron ehillips
Town of VaiIP. O. aox 100VaiI, CO 81658
Dear Ittr. Phi11ips,
we hereby open our IRREVOCABLE COIIil{ERCTAL LETTER OF. CREDIT inyour favor available by your drafts drawn on on First Bank ofEagIe County,245 Broadway, nagle, Colorado 91531, at site forany sum not exceeding the total of Twelve Thousand and noll 00dollars ($12,000.00) on the account of williams Realty Corp.
Each draft must bear upon its face the clause "DRAWN UNDER
LETTER OF CREDIT NO.114, DATED MARCH 9, 1988 OF FIRST BANK OF
EAGLE COUNTY, EAGLE, COLORADO.
The arnount of each draft which is negotiated pursuant to thiscredit, together with the date of negotiation nust be endorsedon the reverse side of this Letter of Credit. Each draft rnustbe acconpanied by a statenent executed by the Town Managerstating the following:
Lots 4 and 5, the Victorians at vail, a resubdivision ofLot 2, BJ-ock 3, Bighorn Subdivision, Third Addition, Townof Vail.
Copies of invoices for nonies expended to conplete the
inprovernents pursuant to the terms an conditions of the abovereferenced Improvenent Agreement shall also be enclosed $rith
OF EAGLE COUNTY
IRREVOCABLE CO}IMERCIAL LETTER OF CREDIT
l4arch 9, 1988
$12,000.00
114
p. o. Box 567, EAGLE. COLORADO 81631 / TELEpHONE (303) 328-6361
such statement. we hereby agree that drafts in the amount ofsubnitted invoices drawn under this Letter of Credit and in
compliance with the terms shall be pronptLy honored ifpresented to First gank of Eagle County on or before July 14,
1988.
this credit is subject to the "Uniforn Customers and Practicefor Documentary Cretlit (1983 Rev.), International Chanber of
Commerce Publication No. 400."
Sincerely,
JWJ: jn
J. 'W. itohnson
President
RESOURCE CE}ITERS IN
METROPOLITAN AREAS:
Chicago
Dehoil
Milwaukee
Minneaoolis
BRANCHOFFICESIN
VACATION AREAS OF:
Cblorado
Michigan
Minnesota
Wisconsin
$B , 0oo. 0o
4 , 000. 00
February 25, 1988
Mr. Rick Pilenan
Town of Vail
VaiI, Colorado 8L657
Re: Subdivision Improvements Agreement
The Victorians at Vail
Dear Rick:
Per the subdivision requirements we will be subrnitting a
Letter of credit in the amount of $l-2,oo0.oo to insure completion
of landscaping of units #4 and #5 as well as paving of the entire
driveway called Victorian Circle. These improvenent expendatures
are broken down as follolrs:
Paving of Victorian Circ1e (per bid)
Completion of landscaPing
$12,ooo.oo
cerely,
ohn F. Nilsson,
wsN Partnership
VACATION PR0PERTIES NETW0RK . 0082 E. Beaver Creek Blvd. . Drawer 917 . Avon, C0 81620 . (303)949-4560
. 286 Bridge Street . Vail, C0 81657 . (303) 4764854 Denver Toil Free: 831-0200
Ianning I
Cornmiss ronTO: PI
FROM:
DATE:
and Environmental
Conmunity Development Department
February 8, 1988
SURTECT: Presentation of final plat, Victorians at VaiI
The Victorians at-Vail development, zoned as SpeciatDeveJ-opnent District #fA, received final approval from the Towncouncil on August 1987. The Victorian devElopment net everyaspect of the underlying Residential cluster zone district, thereason it was taken through the speciar Development oistrii:tprocedure was to facilitate the subdivision of the units.
However, the tlpe of development, utilizing single familyhouses, negated the ability to utilize a townhorjse orcondominium type of subdivision procedure. The resultantparcels of ground under the single famiLy houses would not havemet the rot size requirements for the Residentiat cluster zonedistrict. The utilization of the special Development Districtzone allows us to proceed through a major subdivision withoutcreating nonconforming 1ot sizei.
The.applicant has subrnitted the final plat, which has beenreviewed by the Public Works and Community-DevelopmentDepartments. rt is technicarly correct and complele. Theapplicant has submitted proof of instarration ind courpletion ofthe_majority of the reguired subdivision inprovements,including water, sewerf gas, erectric and olher ,tti:-iiier. Theapplicant has arso submitted a letter of credit to cover theremainS-ng reguired improvements including randscaping ana----pavl{r9. The pubric works Department wili review fnil r"tter ofcredit for its agegulcy and upon approval of this retter, wewill- present a prat to the chlirnan of the planning connissionfor his signature.
chapter L7 -L6. r-r.0 outrines pEc review criteria for thissubdivision. The paragraph reads as follows:
rrrhe burden 9f proof sharl rest with the applicant to showthat the application is in conpriance vith-ihe intent andpurposes of this chapter. the zoning ordinance, and otherpertinent regurations that the pEC 6eems apprilJie. Dueconsideration shall be given to the reconmendations madeby public agencies, utirity companies and other iqenciesconsulted under 17.16.09. pEC shall review theapplication and consider its appropriateness with regardto Town of Vail policies relating Lo subdivision contror,
densities proposed, regulations, ordinances andresolutions and other appricable documents, environmentalintegrity, and cornpatibility with the surrounding landuses. rr
STAFF RECOMMENDATTON
staff recomrnendation is for approvar of the major subd.ivisionfor the Victorians at Vail Special Development District.Although forrnal approval will take place at this meeting, thestaff will not present the plat to the chairrnan of the FianningConmission for his signature until the final technicaldocuments are approved by the public Works Department.
\
PUBLTC NOTICE
NOTICE IS HEREBy cMN that the Planning and Environmental
Cornmission of the Town of vail will hold a public hearing in
accordance with Section 18.66.060 of the municipal code of the
Town of Vail on Februry 8, l-988 at 3:OO pU in the Town of Vail
Municipal Building.
Consideration of:
L. Appeal of staff decision concerning a home occupati-on permit
for Bowlinq Alley Pizza at 2ZS4 South Frontage Road.
Appellant: Darlene and Steve Schweinsberg
2- Presentation of the final plat for the victorians located on
Lot 2. Block 3, Bighorn Subdivision, Third, Ad.d.ition, 443_5
Bighorn Road. '
'.,.
Applicant: WSN partnership
3. A reguest for a conditional use permit to construct an
addition and a rockfall barrier on the northwest corner at
the vail Mountai-n school rocated. at 3l-60 North Frontage Road
East.
Applicant: Vail Mountain School
4- A reguest for an amendrnent to a developnent plan in the ski
Base/Recreation zone district in order to construct a
childrenrs center in the area of the ternporary childrenrs
center at Golden Peak Ski Base.
Applicant: Vail Associates
The applications and informat,ion about the proposals are available
in the zoning adninistratorls office during regular office hours
for public inspection.
TOWN OF VATL
COIIMUNITY DEVELOPMENT DEPARTMENT
THOMAS A. BRAUN
Zoning Administrator
Published in the Vail trail on 'January 22, 1988.
75 south lrontage road
vail, colorado 81657
(303) 476-7000
(,, L L?3 BH",/
ofllco ol oommunlly development
Novenber 1L, L987
Mr. Gary Bossort
GMA Associates
Draerer XVaiI, Colorado 81558 \")
Re: Building Pernit No. 3100, Victorians at V9ri4'..''-.-'.
Dear Gary:
It has come to ny attention that there is considerableconstruction stag'ing'and parking taking place on the lot to theinmediate east of the Victorian project, Lot I, Block 3,Bighorn 3rd. Unless you can subrnit to me authorization frorrthat property owner to utilize the lot, we will have to reguestthat by Wednesday, Novernber 18th, the Victorlan site be fencedoff to adJacent properties and that a}l parking and
constructS-on staging be contained within the boundaries of theVictorians at Vail project.
If you have any questions, please feel free to contact ne.
Sincerely,--\,r
'./ r,/ |{rf fU".r*l
Rick Pylnan
Town Planner
RP:br
cc: Gary Murrain
,foe Norris
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Project Applicalion
Proiect Name:
Proiect Description:
Contact Person and
Design Review Board
Date
lilotion by:
Seconded by:
APPROVAL DISAPPROVAL
Summary:
L\A^hLr
E Statt Approval
,
lrf
JOHN F. NILSSONB.
c.AUTHORIZATION OF PROPERTY O$INER
NAME OF
ADDRXSS \
-\
^s+ec,^bq+ s71-3aS /
PHONE
SIGNATURE
ADDRESS SAME AS ABOVE
D. LOCATION OF PROPOSAL
ADDRESS 4415 BIGHoRN RoAD, VAIL, coLoRADo
Date of Ap0ation 7-L-g7
APPLICATION FORM FOR SPECIAI, DEVELOPMENT.
DISTRICT DEVELOPMENT PLAN
I. This procedure is required for any project that would go throughthe Special Development District Procedure.
The application wifl noi be accepted until al-l information is submitted.
A. NAII{E OF APPLICANT wsN PARTNERSHTp
ooo*" 569 [IR38$"olRt* €87
APPLICATiIT I S REPRESENTATIVB
SAME AS ABOVE
E.
F.
LEGAL DESCRIPTION LOT 2, BLOCK 3, BTGH
FEE $l_00.00 PAID ..,.
A List of the nanne of owners of
Subject property and their miling
(i . -.. ?T-' *.: ,., )t , _. t.
all property adjacent to the
addresses.
II. Four
A,
(4) copies of the following information:
Detailed lrritten,/graplic description of prgpgsalB. An environmental i.mpact re-port shall-.be submitted to the zoning
. ,;1-..administrator in accordance wj.th Chapter 18.55 hereof unless waived
,,ilAWfi, by Section 18.56.030r €x€ pt projects;
An open space and recreational plan sufficient to meet the demandsgenerated by the development without undue burden on availableor proposed. public facilities;
*iq*u'
(0vER)
.,,
L' Apptication for$peciar Development orstrf Development Plan
D. I Existing contours having contour intervals of not, more than five
-
v feet if the average slope of the site is trnrenty percent or less,
Af or with contour intervals of not more than ten feet if the average\ slope of the site is greater than twenty percent.
E. A proposed site plan, at a scale not smaller than one inch equals'fifty feet, showing the approximate locations and dimensions ofall buildings and. structures, uses therein, and all principal site
- , development features, such as landscaped areas, recreational facili-ties, pedestrian plazas and walkways, service entries, driveways,and off-street parking and loading areas with proposed contoursafter grading and site development;
F. A preliminary landscape plan, at a scale not smaller than one inch
,.' equals fifty feet, showing existing landscape features to be retainedr" or removed, and showing proposed landscaping and landscaped. sitedevelopment features, such as outdoor recreational facilities,bicycle paths, trails, pedestrian plazas and walkways, lrater features
. and other elernents;
G. Preliminary building elevations, sections, and floor plans, ata scale not smaller than one-eighth equals one foot, in sufficient. \* detail to determine floor area, gross residential floor area, interj_o.circulation, locations of uses within buildings, and the general
. scale and appearance of the proposed development.
III. Time Requirements
The-..P1anning and Environmental Commfission meets on the 2nd and 4th
Mond.ays of each month. An application with the necessary accompanyingmaterial rnust be submitted four weeks prior to the date of the meeting
NOTE: It is recorurended that before a special developnent district applicationis submitted, a revierv and cornment rneetj.ng should be set up wiih theDepartment of Commun ity Development.
U"'
PresentJ.J. Collins
Diana Donovan
Bryan Hobbs
Peggy OsterfossSid Schultz
Jim Viele
Absent
Fam flopkins
The neeting was called to
Environmental Comrnission10, )"9a7
Staff PrpsantPeter Patten
Tom BraunRick PyhnanKristan Pritz
l\l-\-.'
\\ r ''\
order by the chairrnan, Jim Viele.
Planning and
August
1.est for a cial Develo ment District and a reviewof a ma'jor subdivision fcf the Victorians located on Lot 2Block 3, Bj-ghorn Third Filing,Iicant: wSN Partne
Rick {rlrnan presented theapproval per the merno with staff memo. Staff recommendedthree conditions.
Rlck.requested that the setbacks be changed. Required setbackswithin envelopes will be five feet. nooi overhanqs and decksnay encroach hatfway into the reguired setback.
John Wolfe, architect, made a presentation for the applicant.Peggy felt the overall plan was designed werr. she guestionedwfrere.the bike path wirr go in the future. nick explained thatthe bike path was an interior path and not intended to be areguirement to appry for the area outside of the development.Peggy would like to see a public path added to the Froni.age Roadarea for safety reasons. Rick stated that a condition recruiredthat the owner not remonstrate against being required toparticipate in an improvement district for the path.
Peggy asked if there would be a homeownersl association for theproject. John Nielson stated that the owners would have anassociation for the design.and maintenance of the project. Theassoci-ation wilr be primarily concerned with the common areas.The concept was to keep the ownership as independ.ent aspossible.
Peggy also had concern about the inpacts of snowplowing onadjacent property in the area where the access aiive abuts theproperty line (east).
Bryan asked about_GRFA for the project. John Nielson explainedthat the project is proposed to be approximately 2000 square
feet below the allowable GRFA.
Diana asked if the central conmon area would be restricted asopen space. John Nielson stated that there is no intention tobuird on this common open space. Rick mentioned that the finalplat will restrict this area to open space. Diana would like tosee the rernaining GRFA equally divided anoung the owners. Thisavoids the first come first serve approach to enfa.
Diana recoumended strongly that the Town look at the bike pathplan for this area. ft is an important, highly used area iorbicyclists. Kristan responded that a bike path plan wasproposed for this fall.
Sid asked about the development potential of the property to theeast. John Nielson responded that the property had the iignt tofour units.
John-Nierson requested that a ternporary certificate of occupancybe allowed for all the units except for bldg. l_ which isaffected by the power line.
Peggy and Diana suggested that, the road buffer should beaddressed. rt rras reconmended that perhaps landscaping could bel-ocated on the adjacent property owner,s land if shE wouldapprove the planting.
Diana moved for approval with amended conditions and Bryanseconded. Ttre wote was s-O-L with Vie]-e abstaining. fhethree conditions in addition to those in the memo lrere asfollows:
The applicant will not remonstrate against a specialimprovement district, if one is forrned in that- areafor the purpose of the creation and financing of abicycle path that would serve Bighorn Road.
That condo declarations be filed with the propertythat address additional GRFA and conmon maintenanceprovisions.
The change be rnade frorn word.ing of the setbacks asdescribed in the staff memorandum dated August L0,1987 to the wording that is listed in the ordinance togo to Town Council .
t.
2.
3.
2.est for a conditional use permit to establish anoor d1nj-ng deck at Torino 1s Restaurant located theRaintree Inn, Applicant: rla euCklet. --
Kristan Pritz presented
Osterfoss questioned ifthe railings around the
the reguest per the staff memo. peggy
pedestrian traffj-c would be irnpeded-bydining area.
Diana would like to see planter boxes on the railings andcolorful umbrellas for the tables to accent the area.
Diana moved and Bryan seconded. The vote was 6-0.
3. A regugst for final plat review and a va iance to thesubdivision requl
uapEral corporatlon.
This was tabled to 8/24/87. Moved by Hobbs, seconded byDonovan. The vote was 6-0.
4. work session on the christiania todge (previous approvals)
5. Work Session on the Uptown crill Deck Enclosure Vail 21
Staff presentJ-on by Kristan pritz. Kristan expLained thepreviously approved developnent plan and the r-equestednodifications to the approved plin.
staff recommended approval of the project with three conditionsper the memorandum. peggy asked about the function of thegreenhouse. Her concern was the amount of open area created byopening the doors.
Jin agreed with the staff interpretation that the project not bereguired to be reviewed again through the exterior-alterationprocess. PEC consensus was that the staff position wasappropriate. The pEc recomrnended that the project proceed tothe Design Review Board.
6.Consideration of revisions to Desi GuideLines of thecj.pal code for pr second and duplexconnections.
This iten was tabled for future staff work.
August 2L, r.987
Town of, VaiJ.VaiI. CoJ.oradoAttentioni Mr. Peter Patten
GentLemen r
Pursuant to disqussions this tteek with lolessfs. Patten
and Pylmanf f personal.ly quarantee to restore to itsnatural. state the site of a project known as theVictorians at VaiL (Lot 2, BLock 3, Bighorn 3fd Sub-division, Town of \fail), in the event that the projectfails to receive final- City Council approval. ft isanticipated that site work wil-L conmence on this
proposed East Vail project within the next two days.
| 2@ / 7+h 5*\!.1*, 1-"cLa- n OO
DLr.D4A, CoLa.,aJ-o &1Og.
/7t-2rn/m,u44^e^ t/4/ 2a
3/#/87
TO:
FROM:
DATEs
Town Council
Comrnunity Development Department
August 1-8, L9A7
SUB.TECT: Victorians at Vail Speciat Development District
This request involves two separate review processes. The reviewof a preliminary plan for the major subdivision request and alsothe revj-ew of a special development district zoning request. Lot2, Block 3, Bighorn 3rd is residential cluster zone parcel locatedalong the Frontage Road in East Vail. Size of the lot is 4L,SL2square feet which minus the amount of area of forty (40) percentslope allows for development of five (5) dwelling units andapproximately 9,000 square feet of GRFA. The proposed specialdevelopnent district meets the underlying residential cluster zonedistrict.
The PLanning and Environmental Commission voted 5 to O with oneabstention to approve the special development district and, rnajorsubdivision request as per the staff memo dated August 1-O, Lg-97.The PEC added an additional three conditions beyond the threeconditions of staff recommendations. The additional conditionsread as follows:1-. The applicant not renonstrate against a special
improvement district, if one is fonned in thatarea for the purpose of creation and financing ofa bicycle path that would serve Bighorn Road.
2. That condo declarations be filed with the propertythat address additional GRFA and conmon
maintenance provisions.
3. The change frorn wording of the setbacks asdescribed in the staff memorandurn dated August LO,
L987 to the wording that is listed in theordinance to go to Town CounciL.
Staff recommendation to the Tohrn Council is for approval of thisrequest with the staff and additional planning Cornrnissionrecomnendations.
("*:r -
5' {aW t& of p^f-V l,*-
ORDINANCE NO.30
Series of 1987
AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT,
(KNO}IN AS SPECIAL DEVELOPMENT DISTRICT NO. 18,
VICTORIAN AT VAIL) AND THE DEVELOPMENT PLAN IN ACCORDANCE
I.'ITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE IN SETTING
FORTH OETAILS IIJ REGARD THERETO
WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special
development districts within the town; and
WHEREAS, the llSN Partnersh'ip has submitted an application for a special
development approval for a certain parcel of property within the town known as Lot
2, 81 ock 3, Bighorn 3rd Subdivision to be known as Special Development District
No. 18; and
WHEREAS, the establjshment of the requested SDD 18 wiIl insure unjfied and
coordinated deve'lopment within the Town of Vail in a manner suitable for the area
in which it is situated; and
UIHEREAS, the Planning and Environmental Commjssion has recormended approval of
the proposed SDD; and
I,IHEREAS, the Town Counci'l cons'iders that it is reasonable, appropriate, and
beneficial to the town and its citizens, inhabitants, and visitors to establish
such Deve'l opment 0istrict No. 18:
NOl.t, THEREF0RE, BE IT 0RDAINED BY THE TOI',N COUNCIL 0F THE T0t.tN 0F VAIL,
COLORADO, THAT:
Section 1. Amendment Procedures Fulfilled. Plannjng Cormjssion Report
The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have
been fulfi]led, and the Town Council has received the report of the Planning and
Environnental Commission recommending approval of the proposed development plan for
sDD 18.
Section 2. Special Development District 18
Special Development District No. 18 (SDO 18) and the development p'lan therefore,
are hereby approved for the development of Lot 2, Block 3, Bighorn 3rd subdivision,
within the Town of VaiI consjsting of 0.953 acres.
Sect'ion 3. Purpose
Special Development 0jstrict No. 18 is established to ensure comprehensive
deve'lopment and use of an area that will be harmonious with the general character
of the Town of Vail. The development is regarded as complementary to the Town by
the Town Council and meets all design standards as set forth in Section 18.40 of
the Municipal Code. As stated in the staff memorandum dated August 10, 1987, there
are significant aspects of Special Development D_istrict No. 18 which are difficult
to satisfy through the imposition of the standards of the residentia1 c'luster zone
district. SDD 18 allows for greater flexibility in the development of a cluster
subdivision that would be possible under the current zoning of the property.
Building envelopes wil] be established which designate the area as upon the site in
which development will occur. The establishment of these buj'ldjng envelopes
permits the subdivision of these units, allowing the developer to carry out the
concept of SDD 18.
Sectjon 4. Development Plan
A. The development plan for SDD 18 is approved and shall constitute the plan for
development within the Special Development District. The development plan is
comprised of those plans submitted by the USN Partnershjp and consists of the
following documents whjch wil'l be finalized at the major subdivjsion final
p'lat review.
1. Preliminary plan the Victorians at Vail dated August 7,7987 Steven K.
Scott Colorado Registered Professional Land Surveyor.
2. Topographical survey Lot 2, Block 3, B'ighorn Subdivision 3rd addition
Steven K. Scott Colorado Registered Professional Land Surveyor.
3. Architectura'l and design plans submitted by the Architractor Design
Group dated 5/18/87 that consist of sheets I through 5.
4. Amended Site Plan submitted by the Architractor Design Group dated
8/72/87.
5. Other general submittal documents that define the development standards
of the Special Development District.
B. The development plan shal'l adhere to the following:
Acreage
The total acreage of the site is 0.953
Permitted Uses
The perm'itted uses for the site are proposed to be:
a. Single-family residential dwellings
b. 0pen space
c. Public and private roads
Conditional Uses
a. Publjc utjlity and publjc service uses
b. Public buildings, grounds and facilities
c. Public or private schools
d. Pub'lic park and recreation facilities
e. Private clubs
4. Accessory Uses
a. Private greenhouses, toolsheds, playhouses, attached garages or car
ports, swirrning pools, patios, or recreation facilities customarily
jncidental to single-family residentiaJ uses.
b. Home occupations, subject to issuance of a Home Occupation Permit in
accordance with provisions of sections 18.58.130 through 18.58.190;
c. 0ther uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof
5. Development Standards
Proposed development standards are as follows:
a. Lot area not applicable building envelopes govern
Building envelopes
1. .080 Acre
2. ,080 Acre
3. .080 Acre
4. .080 Acre
5. .080 Acre
Common Area and Open Space 6. .553 Acre
6. Setbacks
Mininum setbacks for the Iocation of structures from the exterior
property lines of Lot ?, Block 3, Bighorn 3rd sha'l 'l be twenty (20) feet
from the front property line fifteen (15) from the side and rear.
Setbacks from the platted bujlding envelopes shal'l be five (5) feet.
Roof over hangs and decks may encroach half way into this required
setback.
7. Densjty
Maximun of five s'ing1e-family structures shal'l be allowed in accordance
with the development plan. One single-family structure shall be allowed
within each of the designated building envelopes. A total gross
.
resident'ial floor area attributed to the project shall be 9,000 square
feet.
8. Site Coverage
Not more than twenty-five (25) percent of the total site area of the
Special Development Distrjct shall be covered by buildings.
9. Buildins Heisht
Building height shall not exceed thirty-three (33) feet.
10. Parkj ns
Two parking spaces shall be provided per unit with one of the two spaces
to be enclosed.
11. Landscapi ng
The entire portion of the building envelope not covered by pavement or
buildings shall be'landscaped as well as any areas outside the building
envelope disturbed during construction.
72. Desjgn Guidelines
The architectural design of the buildings constructed on sjte shal'l be
controll ed by the development plan submitted as a part of the Special
Development District. Minor changes to this architecture may be approved
by the Design Review Board.
13. Recreation Amenities Tax
Recreation Amenities Tax shall be .30 per square foot as is consistent
with the residential cluster zone district.
74. Protective Covenants
Prior to major subdivjsion final plat approval, the developer shalI file
protective covenants on the land records of Eagle County which will
provide for the formation of a homeowners or condominium association..
These covenants shal'l inc] ude provisions providing a vehicle for
financ'ing of common inprovements and majntenance. These covenants shall
also provide for equitable distribution of any available GRFA that may
be uti'lized for further construction on this site.
Section 5. Amendments
Amendments to the approved development plan which do not change its substance may
be approved by the Planning and Environmental Commission at a regularly schedu'led
public hearing in accordance with the provisions of Section 18.66.060. Amendments
which do change the substance of the development plan sha'l I be required to be
U-
approved by Town Council after the above procedure has been followed. The
Community Development Department shall determine what constitutes a change in the
substance of the development plan.
Section 6. ExPiration
The applicant must begin construction of the Spec'ial Development District within 18
months from the time of its final approval , and continue diligently toward the
completion of the project. If the applicant does not begin and diligent'ly work
toward the completion of the specjal development district or any stage of the
special development district within the time timits imposed by the preceding sub-
section, the Planning and Environmenta'l Commission shall review the special
development distrjct. They sha'l I recommend to the Town Council that either the
approval of the special development distrjct be extended, that the approval of the
special development distri ct be revoked, or that the special development district
be amended.
Section 7.
If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be jnvalid, such decision shall not affect the validity of
the remainjng portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence,
clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
Section 8.
The repeal or the repeal and re-enactment of any provisions of the Vail Municipa'l
Code as provided in this ordinance shall not affect any right which has accrued,
any duty imposed, any violation that occurred prior to the effective date hereof,
any prosecution commenced, nor any other action or proceeding as commenced under or
by virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby shat l not revive any provision or any ord'inance previously
repealed or superseded unless expressly stated herein.
INTRODUCED, READ AND PASSED 0N FIRST READING THIS
-
dav of
1987, and a public hearing shall be held on this ordinance on the
-
day of
1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal
8ui'ldi ng, Vai I , Co'l orado.
Ordered publ i shed i n ful I thi s day of
-,
1987.
FEufT.f, o-n n ston, Mayo r
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this _ day of 1987.
FauT-R.-Iohnston, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
RffOSEP14ffl
TSLEPHOiTE 329-9e22
ARC,A COOE SO'
Joloa|' Hoc|l3taor
GCOROB T4. SIRAW
trcH^ato s. 3TRAI,SS
Hocnsrrrrr, Srnrlw & Slntuss, P. G.
ATTORNEYS ANO COUNSELLORS AT LAW
.O'3 YORX SIREET
Dzxwtn, Coron-loo eoeoo
TERRY QUINN, ESQ. (FIRST BANK OF EAGLE}
ITAUREEN A. STARK (I'NID IITLE)
r.,ARRY ESKlerrH, ESQ. (TOWN OF VArr.,)
GEORGE l{. sTRjat{, EsQ.
SEPTEUBER 11, 1987
VIqTORIAIIS
raln|( J. RU!tN
1€:
SROM:
DATE:
RE:
Dear Terry, Dlaureen and larry,
:Itre Vlctorians ie rapidly coning togetlrer wlth
constructlon in progress. lfSN has deeded the property t9-
Wfiifir" Realty borp. (deed given to Land Tltle to recordl and
t{illiams ls WSN ln I corporate entlty for all_of_the reasona
intrEitnt Ln subdiviElon iort<. A copy of the deed is encl'osed
["g"ttr"" wttfr tfr" latest title connltnent for the constnrction
loan from Iand Tltle.
I have read ordlnance 30 and But together ny vereion of
a Declaration for The VLctorians whlch I used prevlously on
duplexes and quadpfexes in vail with success. Note that r have
tried not to dreaie a corporation to oversee tlre Elrorr as tlrat ls
more money, Dore tine and-hassle which I donrt believe Is needed,
n"c""E""V'6r viable wittr only five owners of sl'ngle farnily units.
of particular concern is the last artlcle where I have
dealt nith tha GRFA, UnuEed GRFA and tried to create a mechanisn,
sornewhat like tracking a water right, to keeB everybody ata-re of
tbe GRFA avallable and to elininate controvergy over both the
existence and amount of the GRFA. All this comes fron orperience
Iltigating over (I) casolar vail (gee, the developer already gtave
iway-all 5f tfre enbe ana your lot-is now a very expen-sfv-e pic_nic
irei 1 and (2) houses and-duplexes appraised and.bought based
ulon enfA Uiat atanrt exist when neasured sone tlne after it was
pirrchased and waE trying to be refinanced or resold based upon
-GRFA values. In the- last century, ranchers fought over acreage
that didnrt exist, this century ie fight over square footage that
doesnrt exl-st and I prefer certainty for everybody.
Finally, the Declaration will need sone anendnent after
the final Prat hii been prepared as I au not sure qulte hou it is
being finallzed and it will be forrrarded to you aE aoon as
Terry Qutnn, Esg.
l'[aureen Stark
Larry Eslarlth, Esg.
Septenber 11, 1987
Page 2
poeslble. I know Larry Is not happy about lanyere brLnging tothe town Anended Plats for elgmatures so I think lt best that weall go over the Plat and thls Declaration from tbe vientpolnte of
the lender, tltle conpany (partlcularly to Lnsure mortgagee), the
Town and pernanent lender to avoid doing the work over agaJ.n andto lnsure a qual.Ity product for the purchasers of the dwelllngs
Ln The VictorLans.
Your consLderatlon of ny regueat is appreciated.
YourE tnrly,
HOCHSTAUI, STRAI{ & STRAUSS, P.C.
George M. Straw
GllS/bha
Enc.
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QUIT CLAIM DEEI)
TtllSDEED,Mr&this Ist
tarrccn
WSN PARTNERSHIP
dryof september ,1987 .
of tlt rd $rrc of
Colcrdo, !rlnto(s), rd
ILLIAMS REALTY CORP. ' a Colorado corporation,
*lroechgalddrtss is 2043 York Street
oftrc City and CountYof Denver lrd Sutc of Colondo, gnntce(s),
IVTINESSETH, That 0rc grrntc(s), for ud in considcration of thc sum of
other good ancl valuable consideration----- - mtLARs
rhc rrccip a1d rufficicncy of which is hcrcby rlno,lcdgcd, he rtmiscd, rclcascd, sold, conw5ad rnd QulT CIIIMED' rnd by
drcsc prcscnrs do es rmisc, rclcasc, rcll, conrty md QUIT CaAtM u o lhc !ranrc.(s)' its hcin. rucccrcon and rssigls'
foctcr, ell rhc right, ride, i crlsr, claim ud dcrnand which lhe Srento(s) ha 5 in end to thc r38l PioP.ny, lo8cthcr wilh
'County of Eagle
imptovsncnrs, if rny, sioatc. lying rnd bcing in the
Colondo, dcsctibcd as follo*'s:
Comtyof Eagle
Sute of COlorado ,this lst dryof Septenber
by David Schernerhornr Partner for WSN Partnership
ud Sotc of
Lot 2, Block 3' BIGHORN SUBDMSION,
Third Addition' according to the
recorded Plat thereof, CountY of
Eagle, State of Colorado.
dsolnovnbystteelandnumbcras: 4415 Bighorn Road, Vail, COlOradO 81657
TO HAVE AND TO HOLD rhe sa'tl€, rogerhcr with atl and singular tbe lppurlcnanccs and privilcges thereunto bcl,onging or in
uywisc thcreunro rppcnaining. end all rhe csure. right, titlc. intcrest and claim whatsocritr, ofrhe Sranlo(s), cithct in leu' orcquity, to
thc only propcr usc' bcrrfit rnd bchoof of dre Fanlec(s). its hcirs rnd assigns forcrrcr'
lN WITNESS WHERBOF, The grantor{s) hs s cxccured this dccd on lhe datc sct fonh abow.
WSN PARTNERSHIP
STATEOF@I,ORADo, I
I is.
City andcorntyof Psnysr I
Tlrc forgoing iostrumcnt uas rknowlcdgcd bcforc me in the City and Cornty of Denver
,1987 ,
My commission crpins October 30
tlf in Dcnver, inscrr 'City ud."
. l!)8 I . Wtrrcss my hand rnd offcid sctl.
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kdodr o'cloct
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't.ati'lir,
$:J w. a.rr A*., tltrod, oot@r.-allr 2ll.eqD t"@
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LAN!I TITLE GLIARANTE€ COHFANY
Reer'eserrt irra Title Insur'ance CL.imParrY r-' f Hinnesota
THAf.it;: Y*U Fr-'R YtrUF ['F{['EF:
5ertr--rnL,er Q-l' L?tt7
t-rur ftr.der'! VliL-19
FUYER:
l,,,iILLIAl'l:.j RIALT\j C:r:'i:iF. , fr C,:' l r,r adi' f:rrr'pr'r'af i t'n
LiELLER:
HE:tl FARTtIEFIS;I-|If'' f: lierrera1 Far tri*i'sf;ir
AnLrREgSr
HL'CH:iTAtrT i:iliAlJ $.':TFiALl:;:
i1,43 Yfinii f;"1-
nEI\iVER, tltr ir;l\.tr
I Attr,: liEili:ittr 'fTfiAii
COMMITMENT
TO INSURE
This commitment was Produced and
issued through the office of
LANDTITLE
GUARANTEE C(}MPANY
108 South Frontage Road
P.O. Box 357
Vail. CO 81658
l3o3l476-2251
cof6ep,sneo: ,n.t,\n, - ,'r' \\4-l' v \ uJ-!\*4-noi.'* Ui; +"(ct1"L_
RePresenting:
frrr-e lr.rsunaruce florvrerruv or f|lfrNnEsorA
o
ALTA C: I:I MHITHENT
StrHEFULE A
Apr'1 icati::rr Nc'. V1l13S
F,rr' Inf 'lFtnati,-rn llln I Y
- f.har's* s -Arta Lerrd": t-.+i;;L - - i*l:l[
!litfr lc,ur' r'erri t tarrci,- rl*ass r'.:ier. t':' V11!.:Jl:-
1. Eifertiva !i,alc: f,...;=u=t f7. 1'?t-77 at B:*(:t A.l'i.
:. Fai ict tt be issueci' ai,,.,i eI L.Fnrie 'i I;i=i-:i ed!
"ALTA" Lr.,at'i Fvi ic,' i.;71-r R+;i-'.i':,n.
F r'u po se ii I nsur ei:
F L F{:' I bl-rirh\ L'f Lr"|LlLL
*7? l: , COC' . C{:,
3. Trre estate ut itrtei e-ql iii tii; l:i;,':i ,ies'ir'i t'e'J ':':- ie {:i-,'i-r'€ d t* in
tiiis f,*flriiri ttretrt a!'i{i intii,:.J ti:i i ii, i::
A Fee iinrrie
4. l-itle ti tfie e-'rial*. u, i;it*resL ':;:t ''€i e ,:i i,lrsir; i,' ':t tire
ef iiertiva dtte liere;i: vc:t*i iit:
tJ€;lir FnRTir,iEF{;iiiF' A !,ti,t;.ai F;;'ti;;ri';l-rii=
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f a, I I lutsi
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TO THE RECrlRiiEir FLAT :lji:--ifirf , l'tli|'lTY ltF EAFI-E' ITATE Dtr
cr:rLuRALilr.
PAL;E 1
o
ALTA CC'MHITHENT
:]CHENULE R_1
{Fiequir en,r.rrts ) Arrl iratic,ri Nr' ' \t1l13E
The fil lr:,.!irr$ al e tl,e r eqr.; ir er,e r, 1: tt' t': cc'r,rl ie'J rrrith:-
1. Fafnrerrt t* *r ttr' tlie aaci!rt,t ut: the glr'antii- s c:l- r; qt r' t I a :l ':' r' s r'f
tlie *ul1 { u rr :' i d is r t, I i + r, f ;'i' t},e e state ':' r" iirtere st t* t'*
irrsut'ed.
t. Fr'c'peI' i rr s t r'unre t i I i s ) ci eatiir; llie isi'ete c'r ir;ttr'gst t* t'e
irrsur'€d triust b€ u..rtiiitcd at,,J ,iuI r' f i 'reC f t'r ;-€a':rrd? t'r*uit:
:t. Ciuul;i ANti tiltr:Fif,Ietil I,rEEii rri;t'1 ii;il.i r'AI-iTflERS|l:F' Ti:i tIILLIAHt FIEALTY C*RF. ' A
f:u l,i r'a d r, i,-, r r.u r a. t i. $ ri f, irliVEY l f .i= Sllf'j'-lgl::T FRI]PERTY'
NOTEe lRA['E NAFiE AFFItT*vIT F.ili:[inn:3 '-!r.r'! i r]t7' 1?817 IN F-Jr:lt.: 4.65 AT PAI:iE d,1l-.
FI:lulG';Ei JAFit{ i:. ttlL:1,;:-JlJ" l-lAR,,lLn *. h'ILL IAHS Al..lF fiAVIn R, F!:HERI'4ERHORIJ Ttr
FE TI.iE LiEiiEFiAL T]AiiTi.'JETi.: OI- t]::;I'i F'T":TN5FT5HIF, A IJENERAL FAFTI'JFRg!-{IF,
N{.ITE: LANII TITLE IT: II] TI{E FFiI]!:E:::,; I:-IF RE|]*FJTIII..IE THI:J N*,;UI"IENT.
4. EVifiLt{i:e gAliSFA::T1:ri''iY Ti: THE r::ri},1i.Ati'1 THAT Tl-lE TEFr"1=' r:r:N!','ITIr:'NE ANrl
FRUVii;iII}ri5 itF TiJ[ Tili'J}J iJI I''A:L TFiAIJ:JFER TAX HAVF FEEN E:ATI|-;FIEN'
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-i HE guf i f.F t',;;1r ' []'.]ii, i]u,
jHL CiilriiTY E:LrFi;,: Ai{r: FiCi:i:rFir!iFl:-; r:iFr-Ir:E Fisfi"!IREE RETLIRN
AI,LriiE:;iE; ""1 irLl;Lll.lEl.JT5 :ltrl.lT F':rR REI:['RFIf'.iril I
PAGE :
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ITMENT
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FTiiAELE Uii;j[R Ti-lE TEFit;::: THEiiEr]i, RECnRnEn,-l!.j.l.,, (:r7, 1?E!7 IN B.Jr:r],i 44.5 AT pAfrq
6r t;.
UTILITY LOCATION VERIFICATION
suBDrvrsloN -Br6*oeA SoefDrur$od 6d *
JOB NAME- .
Lsr--62,-BroqK--9--Frlnc €ca*oar) aJ Aoo,noJ
ADDRESS g4l
The location
lines, nust
acconpanying
of utilities,
be approved and
site plar.
whether they be nain trunk
verified by che folloHi.ns
lines or proposedutilitles for the
Date
ttlountai n 8elI
I -534-3778tl'6t'teo
Western S lope Gas
ttarry tloyes
Publ lc Service Company
Gary Hal l
Holy Cross Electric Assoc.
Ted Husky/Michae'l Laverty
Vail Cable T.V ,
Upper Eagie Valley llater
and Sanitation Di scri ct
Davi d Krenek
z-/z-n
{ta*7
s-t*-gZ
* For new cons
please fi lI ou
atiached sheet
sJckt
r-q-s7
NoTE: These velificstions do not relieve the contractor of his
responsibility to obtain a street cut perrnit fron ghe
Tol,ln of Vail, Departnent of Public lfolks and to obtain
utility locations before digging in an), public light-
of-nay or easenent in the Tolrn of Vail, 4 building perroit
i9 not a street cut pernit. A street cut pertrit nust be
obtained sep:rrately.
This forn is --to verify service availablity and loc,atiofl.
This should be used in conjunction wlth preparing your
utilit), plan and scheduling install4tions.
|'
1Y1- b6t3
L r ? t--o
APPLICATION DATE:
OF DRB MEETII'IG:
DRB APPLICATION
*.****THIS APPLICATION |||ILL NOT BE ACCEPTED UNTIL ALL INFORMATION IS SUB}4ITTED**JTri
I. PRE-APPLICATION MEETING:
A pre-appljcation meeting with a planning staff member is strongly suggested to
. determihb it any additional information is needed. No application will- be-accepted
unless it is complete (must include all item-s required by the zoning administrator).
It is the applicint's responsibility to make an appointment with the staff to find
out about aitititional submittal requirements. Please note that a COMPLETE applica-
tion will streamline the approval process for your project by decreasing the nmber
of conditions of approval that the DRB may stipulate. ALL conditions of approval must
beresolvedbeforeabui1dingperm.itis.issued.
A. PROJECT DESCRIPTION: S.drurT " SI'JGLE trAMrcV CUOSIEE I$fiq:-
B. LOCATION OF PROPOSAL:
Address
Legal Description Lot &.
Zoning PesroeNi?a L cLuilrae
C. NAPIE 0F APPLICANT: (rJsN ?atq$e6flP
Block 3 Filing Bql\ort, 3d
. Address
O. NAME OF
Address
E. NAME OF
APPLICANT'S REPRESENTATIVE :
=ArrtE
te'l ephone +7b- 22t7-
tq Ntuseo*)
_ telePhone SAntc.
,ds,0 ?aerNerr,np
_. telephone Srril€.
be paid at the time a building permit is requested.
FEE
Si gnature
Address =hmE
F.DRB FEE: The fee will
VALUATION
0-
$ 10,001 -
$,.50,001 -
$150,001 -
$5oo,oo1 -$ Over
$ 10.00
$ 25.00
$ 50.00
$100 .00
$200.00
$3oo. oo
$ 10,ooo$ 50,000$ 150,000
$ .500,000
$l,ooo,ooo
$l, ooo, ooo
IMPORTANT NOTICE REGARDING ALL SUBMISSIONS TO THE DRB:
1. In addition to meeting submittal requirements, the applicant must stake the site
to indicate property lines and bu'ilding corners. Trees that will be removed
should also be marked. This work must be completed before the DRB visits the
si te.
2. The review process for NEW BUILDINGS wi]l normally involve two separate meetings
of the Design Review Board, so plan on at least two meetings for their approval .
3. People who fail to appear before the Design Review Board at their scheduled
meeting and who have not asked for a postponement will be required to be
republ i shed.
4. The fo1 lowing items no |onger have to be presented to the Design,Review Board-
iney, trowevei, have to be presented to the Zoning Administrator for approval:
a. 1.1indows, skylights and similar exterior changes that do not alter the
exjstjng p1 ane of the bui I di ng; and
b. Building additions that are not viewed from any other lot or public space,
which hive had letters submitted from adjoining property owners approving
the addition; and/or approval from the agent for, or manager of a condonrinium
associ ation.
5. You may be required to conduct Natura'l Hazard Studies on your property. You should
check with a Town Planner before proceeding.
o
','
MATERIAL TO BE SUBMITTED
I. NEt,l CONSTRUCTION
A. Topographic map and s'ite plan of site containing the following (2 copies):
,/ 1. Licensed surveyor's stamp.
r' 2. Contour intervals of not more than 2' unless the parcel consists of 6 acres or
more, in which case, 5' contour intervals will be accepted.
v 3. Existing trees or groups of trees having trunks with diameters of 4'or more
one foot above grade.
r' 4. Rock outcroppings and other significant natural features (1arge boulders,
intermittent streams, etc. ).
r' 5. Avalanche areas, 100 year flood p1 ajn and slopes 40% or more, if applicable.
7. Locations of the follow'i ng:
.> a. Proposed surface dra'inage on and off site showing size and type of' culverts, swales, etc.
+ b. Exact locations of all utilities to include existing sources and proposed
service lines from sources to the structure. Utilities to include:
cabl e TV sewer gasTelephone water electric
c. Property lines showing distances and bearings and a basis of bearing
-)a. Proposed driveways with percent slope and spot elevations
)e. All easements
.)9. Existing and finished grades.
9. All existing and proposed improvements including structures, landscaped areas,
service areas, storage areas, walks, driveways, off-street parking, loading
areas, retaining wal'l s (with spot eievat'ions), and other site improvements.
10. Elevations of top of roof ridges (with existing grade shown underneath) to
determine he'ight of building.
Vg. A statement from each utility verifying location of service and availability. To
be submitted with site p1an.
C. Preliminary title report to accompany a1l submjttals, to insure property ownership- -and all easements on property.
D. Landscape Plan (1" = 20' or larger) - 2 copies
1. Show the location of 4" diameter or 'l arger trees,:other'shiutjs,and-iia'tjVe plants th,are on the site and the location and design of proposed landscape area:s with
the varieties and approximate sizes of plant materials to be planted. l'
2. Complete landscape materials list.
3. Designate trees to be saved and those to be lost.
N0TE: As much of the above information as possible should occur on the site plan, so that
the inter-relation of the various components is clear. The landscape plan should be
separate. The existing topographic and vegetational characteristics may be a separate
map. The applicant must stake the site to show lot lines and building corners. Trees
that wjll be lost during construction must be tagged. The work should be completed
before the DRB site visit.
/
E. Archjtectural Plun, (rZl= 1' or larger) 2 copies
. 1. Must jnclude floor plans and all elevations as they will appear on cornpletion.
Elevations must show both exjsting and finished grades.
2. Exterior surfacing materials and colors shall be specified and submitted for
review,on the materials list available from the Department of Community Oevelop-. ment. Color chips, s'iding samples etc., should be presented at the Design Review
Board meeting.
F. The Zoning Admjnistrator and/or DRB may require the submission of additional plans,
drawings, specifications, samples and other material (including a model) if deemed
necessary to determine whether a project wil1 comply with design guidelines-
II. MINOR ALTERATIONS TO THE EXTERIOR OF BUILDINGS
Photos or sketches that clearly indicate what is proposed and the location (site plan)
of proposal may be submitted'in lieu of the more formal requirements given aboye, as
long as they provide ail important specifications for the proposed including colors and
materials to be used.
III. ADDITIONS - RESIDENTIAL OR COMMERCIAL
A. Original f'loor plans with al1 specificatjons shown
B. Floor plan for addition - 2 cop'ies
C. Site p1 an'showing existing and proposed constructjon - 2 copies topos
D. Elevations of addition
E. Photos of existing structure
F. Specificat'ions for all materials and color samples on materials list available at
Department of Community Development
At the request of the Design Review Administrator you may also be required to submit:
G. Statement from each utii'ity verifying location of servjce and availability. See
attached utility location verjfication form.
H. Site improvement survey, stamped by registered professional surveyor.
I. Preliminary title report, verifying ownership of property and lists of easements.
IV. FINAL SITE PLAN
After a buildjng permit has been issued, and when the project is underway, the followingwill be required before any building receives a framjng inspection from the Building
Department: A certified improvement survey showing:
A. Building locations with ties to property corners, i.€. distances and ang'les.
B. Building dimensions to nearest tenth of foot.
C. A'l 'l utility service lines as-builts showing size of lines, type of materjal used,
and exact 'locations. 2 copies
D. Drainage as-builts. 2 copies
E. Basis of bearing to tie to sect'ion corner.
F. A1 1 property p'ins are to be e'ither found or set and stated on map.
G. All easements
H. Building floor elevations and roof ridge e'l evations.
\
l
I
LIST OF MATERIALS
The'following information is required for submittal
_ "Fo:fC.!,e,tore.a final approval can be fiven:
A.. BUILDING MATERIALS: TYPE OF MATERIAL
NE OF PROJECT:
GAL DESCRIPTION:
STREET ADDRESS:
DESCRIPTION OF P
Roof
Si di ng
0ther l,lall Materials
B. LANDSCAPING: Name
, PLANT:MATERIALS:
PROPOSED TREES
of Designer:
phone:
Botanical Name
by the applicant to the Design Review
COLOR
+k, vkttfla wrkL
Ptplul
rFa4vvt?Ep
uwPaE+rNv
Quani ty
l6
lW*
(We-wa+ trfr e/'I.twp Wo@eku._
?Ue tf Wfrot+ ,W %me LEl(|tAs-
rb +ryh,16 tfraxb l'lz"*Las
7.tutvw)
Common Name
UetyE_
61fqn
Size*
{lE- Hf. 7P''\otEXISTING TREES
BE REMOVED
'ar045Ty(wvarw lr
*Indicate caliper for deciducious trees.
TO
Indicate height for conifers.
(over)
7-rA? hwp/ru+ tuPI++W An$4l,fr WA*IW* vry
E46nP ra.tn P^ilpc, ?k,rtT ?dp Ntz T|NE ^ n
1'/a " v.'r. l4tLg
Nrxrla
Botani cal Common NameName: PI-ANT MTERIALS:(con't)
SHRUBS
Quani ty
l7
-*.
4tp9lTavttt@A
Pf]DNNWPt4l1-*
EXISTING SHRUBS
TO BE REMOVED
Square Footage
nkt4 Af"TtNf Atnn.Ng Htx.,
FEATURES (retaining wai1s, fences, swimming poo1s, etc.) ltease specifl
UTILITY LOCATION VERIFICATION
SUBDIVISION
JOB NAME
ADDRESS
The location
lines, nust
accompany ing
ror__jl_BL0cK 7
of utilities, whether they
be approved and verified bysite plan.
Mountain Bell
1-634-3778.lbl'teo
Western Slope Gas
Harry Moyes
PubIjc Service Company
Gary Hal I
Holy Cross Electric Assoc.
Ted Husky/Michael Laverty
Vail Cable T.V.
Cary Jo,hmenzBw
Upper Eagl e Val'ley Water
and Sanitation Discrict
David Krenek
A€rc*opr) a rg Aoo,ta]
be rnain trunk lines or proposed
the following utilities for the
Date
7,ttfr* ,nt,, l"/i/-r-,
Jr-rr. o't', s- ";/t{l"lb'h'
Authori z
5-/z-77
"Qat
fus7
-/ ;, - * For new cons5'/t.D? please fill ou
-T
artached sheet
ilebt
NOTE: These verifications do not relieve the contractor of his
responsibility to obtain a street cut pernit fron the
Town of Vail, Departnent of Public lt/orks and to obtain
utility locations before digging in any public right-
of-way or easenent in the Town of Vail. A building perrdt
is not a street cut pernit. A street cut pernit nust be
obtained separately.
This fo:rn is to verify service availablity and location.
This should be used in conjunction with preparing your
utility plan and scheduling installations.
:. ./' "
-. J,
-li-rr, v I sxr/07
LEGAL DESCRIPTi0N: Lot
ZONE CHECK
FOR
SFR, R, R P/S ZONE DISTRICTS
Al I owed
l0,tu,
tl-r\.
m@
Bl ock F i1 ing Swtlaed 79 kaema.l
ADDRESS:
Ol^lNER
ARCHITECT
ZONE DIST
PROPOSED
LOT SIZE
Hei ght
Total GRFA
Prtmary-.enf+
Sree'neery-gRg-
Setbacks: Front
Si des
Rear
l.'later Course
Site Coverage
Landscapi ng
Fence/Retai ni ng ','lal I
Parki ng
Credits: Garage
20'
15'
15'
(30)(so)
Proposed
uWEtntk* ?al
,*W = ZZio4fi
E&w)P?.rW€
"Wl./lNal-E9r ' I
)a
- il,A.
N.r,
%,
ltl
t4
b<'t)r"W'6roqs
Hei ghts
E%
lo
(3oo)(600)
(eoo)( 12oo)
(50) ( 1oo)
(2s) (50)
( 2oo ) (4oo )
Mechan'i cal
Ai rl ock
Storage
Solar Heat
Drive: 51ope Permitted
Envi ronmental /Hazards :
Conments:
Sl ope Actual 0 a 67o
AvaI anche NAIE
Flood Plain N/l16
Sl ope
l,letl ands il/r.lE
Geologic Hazards N/il6
ne
Zoning: Approved/Disapproved
Date:
.t
ffi
o
llocss:raor, Sreew & Srne.trss, p. C.
arroRNEys Lro courseit-oFas ar LAw
T,OFOAN HOCHSTADI
GEOR6€ M. sitR^w
FTTcHAFO 3. 9?rl^U33
2043 YOR|( STREET
DENr'ER. Coronloo eoeoa
TELEPHONE 328.9222
aRea cooE 303C. BRIAII RENFRO
TO:
FROM:
RE!
DATE:
I{SN PARTNERSHIP
rIRST BANK OF EAGI,E:
TERRY QUtrNN, ESQ.
ATTENTION: JIM JOHNSON
I have been asked by WSN and First Bank (the Bank) toadvise how to structure the Victorians deal.. Our iawfirnrepresents both entities and, has an absolute conflict ofinterest. Jin Johnson has advised that we can represent wsN butthis transaction rnust be approved by Terry euinn icting asattorney for the Bank. The project Ls small and needs to becarefully and cheapfy carried forward as the profit will ontycome in the last unit but aII of the problems of high techdeveloprnent and construction are presLnt and any srips can bringa disaster.
HOCHSTADT, STRAW AND SIRAUSS, P.C.
GEORGE tt. STRAW, ESQ.
THE VICTORIANS AT VA]L
,ruLY 23 , 1987
General Outline
1. WSN is a partnership. It has purchased. thevictorian real estate (hereinafter the nropeity) fron the Bankfor $80,000.00 with a 97t,ooo.oo carry nacx riiit (hereinafterthe. carryback). r believe developurenL work shourd never be doneln a partrrership nainly cue to the nany risks and liabilttibsassociated with development and sales. r have advised wsN thatthe. Property should be conveyed into a corporate entity and allcontracts for construction and saLes be carried out in-thatnane.
2. Vail Ls currently in the process of approvinq theplans for five si-ngle farnily detached units laveragiirg 1,860square.feet) on the Property and r believe the town planners areexpecting a planned unit devel0pnent as the rot sizes are toosnarl for the current zoning. prans are as per ArchitractorDesign croup- of 7-8-87 which al-l of us have -in our possession.fhe concept is a planned unit development as set roitrr below.
WSN PartnershipFirst Bank Of Eagle: ,fim ilohnsonTerry Quinn, Esq.July 23 , L987
Page 2
IJ\ r.z\i/'
3. The Bank is going to finance the construction oftwo of the units with an understanding that it night finance theothers assurning all goes we1l. The units are to 6e priced at$175ro00-00 each. The construction roan will be for-two unitsand will be in the amount of g . The Bankhas agreeg to-a mini-perm, to ffi assumingconstruction is conpleted on time and in the igreed arnounts, iorfive years. Terms to be worked out. No per:naient lender hisbeen selected although Tlratcher has been lpproached,. Titlecompany will be Land Title. The Bank wantl- its carryback loanpaid off with the sal-e of the fourth unit and. construction loansnust also be paid off at each closing.
4. The ceneral Contractor is golng to be Dudley Vehleyfor the first two units. Tenris are beinf nefotiated.
5. I believe it is imperative that tbe parties workthrough the budget of the (t) utility costs and (2J the per unitconstruction costs and then factor in these costsr'the cirrybackcosts, and the slJgs costs against the proposed sales price-s withthe procedure outlined below to see ifr-assurning no pr6blensarise, al] the tining (for interest prirjectionsi, all thecontracts are adhered to and the units selr for'ihe projectedprfce just-were the noney comes frorn and goes to and on-whatschedulei i.e., I would like to see that ihe No. 51ot is freeand crear and a substantiar profit is proJected for Lot 4 which'funds' can be used to build tire No. S unit.
)____-1=---:t. Six parcels must be considered being the five units
\ 1"9_the_open_ space. A pranned unit deveJ.opnent concept wilr beI followed with five "rots' being created and each lotr-via theI declaration, witl own L/E of tf,e cornnon Open space ldoS;. adeclaration will be created and fil.ed outlinina the'duties andobligations of the partiesi r intend to use a duplex decraratl_on(without the party wall language), no associatioi.r, rotate theduty to rrrun the shohrrt.yearly among the five units, and provid.efor provisions to reguire uraintenance, upkeep, etc. all -ot wtri"rrrnust meet reguirenents of the permanent lenders but be as simpleas possj-bJ.e. The COS wilL have the utility lines, etc.
WSN PartnershipFirst Bank Of Eag1e: Jim JohnsonTerry Quinn, Esq.,tuly 23 , L987
Page 3
*
3. The construction loan (CL No. l) needs to beconceptuarly dividgd up betr,reen ttre ios (wheri utiLities need tobe coropJ-eted for arr five units with up i;-;a-n;;ey or about$20,0o0.00 for HoIy cros: ald tap fees'or aUou€-SsloOo.oo perynit) and the two units to be uuirt. The net ,"i"! prices'oiboth of the first two units built will probaUfy-not cover ttre No.l 9L_ as it also paid for all the utirities for'five units to trreI'ot lines (tap fees r berieve can be paid as iappeat. Becausearl these utilities (electricity, sewer, water, lelphone, cabreand gas) are being paid for in advance sone .hangovErrt on tnisportion of the construction loan will probaurv eiist as it is notbeing spread, at this tirne, over all five unifs;--i..., the net
- Z. The carryback first will be agreed to be paid, asper its terms, but also L/4 of the principai pfus accurnulatedinterest, at each closing for a pariiat rirea'se-of the lot andL/5 of the cos. Five 'Lot" sitel wirt be surv"ye- i"ig"-""";ghto acconnodate each of the five separate structirre= in6r"ai"j-frr"overhang for the, parkinq and a sna1l backyard if desired and-pennitted. lrtre balance-will be cos and tfre poiiion of thedriveway, not within the lot, in front of ea'ch utrit witt u"reserved for parking for that unit owner. The unit rines shouldnot.be nuch larger than needed but the foundations must fitJ.nslcle this space to avoid encroachments. r have never seen a- foundation poured correctly on already existing iot lines becausethey only exist on paper; on the grouid they ii"-*r.ry hard to hitand then Land Title will refuse t5 give "tt.i"y-frotection and thelenders refuse to lend. If desired] an overfip-Aasenent can becreated with regard to the ground inside tne r'ot that is notDe1n9 used for the buildings in favor of the five owners of thecos but this area, if prop-rly surveyed and the units rocaied -
within the lines, -shourd 6nry-be a fiw square eeet. The plat ofthe five sites and cos needs to be prepaied and. recorded is pertherequirementsofVai1andthereiraei"nair'i'-praiisabsolutely the most i-mportant first step to .""oririrh theprocedures set forth below, protect against necrra'nicr--riens anaothervise set the stage toi trre lencriig ana conslruction. Th;flrst two units can be started inmeaii€eit, ;;--$; roans will beagainst all of the property but the plat iou"i-le--cornpleted andrecord€d-before a sare or the thlrd unii belng started. Thedeclaration is recorded the page after trre piit-and also nust berecorded prior to any conveyances.
I{SN PartnershipFirst Bank Of Eagle: ,fin JohnsonTerry Quinn, Esg.
.Tuly 23 , l98'l
Page 4
sales prices of the two units rnay not cover all of the utiritycosts of five units and the serlers wirr need to bring nore cishto the tabre to sell. .The probabirity (based on your nurnberprojections) and. solution to any 'hangoverr had bEst be d.iscussedat the front end of this deal . only €wo ways are out besides notpaying the coltractor: (l) wsN comE out of pocket with cash tomake up the difference at closing or (2) the Bank penait thehangover to roLl into the next constniction loan_
4. Mechanicrs liens for the utillties will go againstarr of the rear estate so it is inportant that they be pai6 tortnngdlately. The crr No. I wilL be against all of the real estate(no! Just the two lots). when the lots sell, the net proceedsmus! go to payoff of 50t of the Carryback 1r7a perToEJ and-EEb9l No. 1 (50t per unit) and any strortfalt (the lots and z7s ofttte cos must be released fron both the carilback and No. I cL atclosing as security for the pernanent rend,eis) and the balance ofthis No.,1cL will^renain against the other three Lots and 3/5 oftle cos plus 508 of the carryback wirl remain unpaid. The iisueof Net Proceeds must be addressed very carefully-as the usualcontractual obJ.igation fron the bank is that the sales price' canrt be less than x dollars, and at least xg of that piice mustgo to the Bank for releases of the two loans (note thal dependingon closing costs you can have negative closinjs that reguiie wsll-to corne to the table with cash), and all inteiest is pait. current.
5. Sunmary to date after the sale of two unitE: Thetwo units have pernanent loans against their rots and 2/s of tt..eCOS. The renaining three lots and 3/5 _of the COS have therenaLnder of the Carryback and any n'angiover fron the No. I CLagainst thern.
5. The No. 2 CL for the next unit should rrroll upr theremaLning hangrover of the No.l cL and, fron the saLes proce-eds,again L/4 of the carryback and the uo. 2 cL i.s release'd fron thethlrd lot with the.hangover, if any, going to be paid off on thefourth,lot_ (just like the carryback) r'ith-the idei being that Lot5, at the latest, only has a construction loan on it foi with altof the ttprofitil coning out of this unit when it is sold.
o
I{SN PartnershipFirst Bank Of Eagle: Jin ilohnsonTerry Quinn, Esq.July 23, 1987
Page 5
7. The Bank wants out of the Carryback by the end ofthe fourth_unJ-tr.any hangover CLrs should be paid off andexisting c].rs paid orr suctr that the fifth rof srroura be free andclear, hopefully yit!.sone profit on the fourth lot and a smar1,on no, cr.r needed to finish tot 5 with all the profit in this lot.
1. The Bank has its standard paperwork forconstruction loans that can be morded to-nlet tnii rict patternregarding_what is going to-happen with thd Carryback,' construction Loans and Mini-perrns. r assume it-wants personalguarantees from all three parties. other than the utiiity t"-oe,r believe It is inportant to contain mechanics liens to tire l;a '
being worked on.
2. The biggest problems come with disbursal of theconstruction roan proceeds as work progresses and outiining---nechanics lien releases as historichry tne construction 16anruns out and the project isnrt finished. The deveroper wants thelender to loan sone nore to finish the job and the lend,er wantsthe developer to put in more cash equity to comprete. rf thedeveloper is.'out of funds'then the gank is pui into theunwanted position. of funding what can become i roser merery totry_and salvage its l-oans. The rrarket price is all that witl bepaid (usually the first unit wilr sell -for somevhat less than therast ole) and arl costs nust be ar.located back from that nunberwhieh is a constant guessing game. Again, r wirr defer to the
P3$ p?p.rwork on this natter unless sonetning needs drafted.This situation needs tied into Land Title ror-l-t to update thetitle work before each draw to be sure that no liens itive ueenfiLed. Further, the Bank and the pernanent lenders will wantnechanics lien protection and Land title should be asked now whatit will want to issue that protection in te:ms of payment and,procedure. r understand that Jin Johnson intends Lo-personallytake rrlook seesrr prior to draws.
3. fn the event of a Lien being filed, the Bank nustbe protected and its trust deed covenants-will piace the cost andburden on the borrower to bond it off. IrsN shoirld. be preparedfor this probJ-en, have an ironcrad contract with the contiactorincruding knowing all of the subcontractors on the job to be sure
wSN PartnershipFirst Bank Of Eagle: ,firn .IohnsonTerry guinn, Esq.July 23, L987
Page 5
that everybody is paid. The construction contract shourd. berecorded_ ?s peT the colorado nechanics lien statute to protectagainst liens in excess of the total contract price. A notice ofdisburser should be filed by the Bank.
4. The Bank wiII pass through to the borrowers alI ofits costs of protecting itself incrudiig its lega1 fees fron
Terry Quinn. My firn wil1 bill the boriowers, it the rate ofs125,/hour, for all tine needed to perfonn the work to finalizethe loans with the Bank and their internal workings regard.ing thedeveloprnent. we will only perform acts reguested of us and aftera discussion of the costs. Terry euinn wift review my proposarsand negotiate for tbe Bank with iegard to the issues. rn theevent of a dispute, we can represent the borrowers and the Bankwill be represented by Terry.
Please review and advise.
Yours truly,
GMS/bha
STRAW &
I\r_\r
I.
Date of appl-tion 7-L-87
APPLICATION FORM FOR SPECIAL DEVELOPMENT
DISTRICT DE\TELOPMENT PLAN
This procedure is required. for any project that would go throughthe Special Developrnent District Procedure.
The application will not be accepted until all information is subnitted.
A. NAD{E OF APPI.,ICANT WSN PARTNERSHIP ,
q19 vrl,r,acE REAL ESTATE AND RENTAL MANAGEMENjA302 HANSON RANCH RoAn. \rarr., cntORlU)-Ci---YEKrNa; 4JS-2,2A+-
B.
ADDRESS
NAME OF
ADDRESS
APPLICANT' S RNPRESENTATIVE
SAME AS ABOVE
JOHN F. NILSSON
-\^\S+eq^!D"+ s71-3aS/c.AUTHORIZATION OF PROPERTY OI1INER
SIGNATURE
ADDRNSS SAME AS ABOVE PHONE
D. LOCATION OF PROPOSAL
ADDRESS 4415 BIGHORN ROAD, VAIL, COLORADO
LEGAL DESCRIPTION LOT 2' BLOCK 3, BIG IL
II. Four (4) copies of the following inforrnation:
A, Detailed written/graphic description of proposal .B. An environmeniil impact report shitt'be submitted to the zoning
.;1--administrator in accordance with ChaPter 18.56 hereof unless waived
dAtVf,y' by section 18 . 56 .030, exemPt projects;
sufficient to meet the demands
undue burden on availableC, ,An open space and recreational plan
,/ generated by the development without
' or proposed public facilities;
,/ .,./'<ra o,tw
F.
PAID -
A List of the name of owners of
Subject property and their Biling all property adjacent to the
a-ddresses.
$100. 0o
(0vER)
I
: | ' Application for$ecia1 Development Distril Development Plan
1 Existing contours having contour intervals of not more than five
' feet if the average slope of the site is twenty percent or less,
or with contour intervals of not more than ten feet if the average
slope of the site is greater than twenty percent.
E. A proposed site p1an, at a scale not smaller than one inch equals
fifty feet, showing the approximate locations and dimensions of
all buildings and structures, uses therein, and all principal site
development features, such as landscaped areas, recreational facili-v- ties, pedestrian plazas and walkways, service entries, driveways,
and off-street parking and loading areas wiLh proposed contours
after grading and site development,'
F. A preliminary land.scape p1an, at a scale not smaller than one inch
.. equals fifty feet, showing existing landscape features to be retainedv or removed, and showing proposed landscaping and landscaped site
development features, such as outdoor recreational facilities,
bicycle paths, trails, pedestrian plazas and walkways, water features,
and other elements;
G. Preliminary building elevatlons, sections, and floor plans, at
a scale not smaller than one-eighth equals one foot, in sufficient
\* detail to determine floor area, gross residential floor area, interio:circulation, locations of uses within buildinqs, and the general
. scale and appearance of the proposed development.
III . Time Requirements
The...Planning and Environmental Commrlssion meets on the 2nd and 4th
llondays of each month. An application with the necessary accompanying
material must be submitted four weeks prior to the date of the meeting.
NOTE: It is recorunended that before a special development dj.stri.ct application
is submitted, a review and comment neeting should be set up wi-th the
DepartrDent of Commun ity Developnent.
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Attnr tffi-L
PUBLIC NOTICE
NOTICE IS HEREBY GfVEN that the Planning and Environrnental
Commission of the Town of VaiI witl hold a public hearing in
accordance with Section 18.66.060 of the municipal code of the
Town of Vail on August 10, l-987 at 3:00 PM in the Town of Vail_
Municipal Building.
Consideration of:
1. A request for a conditional use permit in order to have an
outdoor dining deck at Torinors restaurant located in the
Raintree Inn, located on Tract C, Vail das Sctrone Filing #1.
Applicant: IIa Buckley
2. Work session on the Christiania concerning the previous pEC
approval on ILIay llth.
3. Reconsideration of revision to Design Guidelines of the
Municipal Code for prirnary/secondary and duplex separation.
4- A reguest for a speeial development district and for a review
of a major subdivision for the Victorians located on Lot 2,
Block 3, Bighorn Third Filing. Applicant: WSN partnership
The applications and information about the proposals are avairable
in the zoning adninistratorrs office during reg:ular office hours
for public inspection.
TOI{N OF VATL
COMMUNITY DEVELOPMENT
THOMAS A. BRAUN
Zoning Administrator
Publi-shed in the Vail
DEPARTMENT
Trail on July 24, l-987.
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,I I{TER.DEPARTMENIAL REVI El,l
PROJECT:
DATE SUBI.IITTED:DATE OF PUBLIC HEARING
COT1I4ENTS NEEDED BY:
8R]EF OESCRIPTION OF THE PROPOSAL:
PUBLIC I{ORKS
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FIRE DEPP.RTMENT
Reviewed by:
Comments:
POLICE DEPARTI4ENT
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Revier+ed by:
Connents:
Date
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REC P:EATi OII DEPARTTIINI
Rev i ewed .by:
CO;,;,entS:
Date
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MINUTES
VAIL TOI.IN COUNCIL MEETING
AUGUST 18, 1987
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, August 18, 1987, at
7:30 p.m. in the Councjl Chambers of the Vail Municipal Building.
MEMBERS PRESENT:Pau'l Johnston, Mayor
Kent Rose, Mayor Pro Tem
Eric Affeldt
Gordon Pierce
John Slevin
Gai I l,lahrl i ch-Lowenthal
Hermann Staufer
Ron Phi'llips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Cl erk
MEMBERS ABSENT:
TO}'|N OFFICIALS PRESENT:
The first order of business was presentation of a Ten Year Anniversary Silver BeIt
Buckle to John Gallegos. Notes of comnendation were supplied by Ron Phillips and
" Stan Berryman.
The second order of business was presentation of a Ten Year Anniversary Silver Belt
Buckle to Kurt Mulson. Notes of commendatjon were supplied by Ron Phillips and Ken
Hughey.
The third jtem on the agenda was the Public Input Session for the 1988 Budget, with
Ron Phjlljps supplying some background information on the overall process and Steve
Barwick giving a short presentation. Steve noted the Town Council had already
comp'l eted their Service Level Analysis surveys and the results had been so noted.
Additionally, he broke down sources for revenues and expenses of the Town of Vail,
and noted there would be no major changes other than the potential for the Town of
Vail to colJect its own sales tax, such change assuring an additional revenue sourceof $1.1 million dollars the first year of collection. No comment from the public
was forthcoming.
Item four on the agenda was 0rdjnance No. 17, Series of 1987, first reading, an
ordinance adopting an jnvestment policy for the Town of Vail. Charlie llick notedthis had been discussed thoroughly at the work session during the afternoon, and
there being no further discussion, Gordon Pierce moved to approve this ordinance,
with a second coming from John Slevin. A vote was taken, with al l in favor except
Eric Affeldt. Following the vote, Eric stated he was still uncomfortable with the
col'lateralization of certificates of deposit over $100,000.00 where real estate
mortgages are used for collateralization.
The fifth order of business was Ordinance No. 30, Series of 1987, first reading, an
ordinance approving a special development djstrict (known as special developmentdistrict No. 18, Victorians at Vqjl) and the development plan in accordance withChapter18.ffi0DEandsett.ingforthdetai.|sinregard
thereto. Rick Pylman presented an overall view of the project. David Skirmhorn
introduced himself as one of the developers of this project, and also noted that
John Neilson and Cynthja l,lilliams were jn the audience as well. Skirmhorn stated
that negotiations were still proceeding for placing the Holy Cross lines
underground, and that surrounding neighbors and parties of interest had been
contacted in regard to their participation in that facet of the project. A
discussion also ensued regarding the road access and road radius for the fire
department. Eric Affe'ldt moved to approve the ordinance on first reading, by
including the following conditions from both staff (per August 10, 1987 memo) and
Planning Commission (per August 18, 1987 memo):
STAFF RECOMMENDATION:
1. The sjte plan and building plans submitted by the Architractor Design
Group and the preliminary plans submitted by Johnson Kunkle and Associates
shall serve as the development plan for this special development
di stri ct.
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2.
3.
The access drjve be redesigned to provide
the eastern property line of Lot 2, Block
The existing overhead power lines shall be'length of the property before a temporary
i ssued.
the required buffered zone from
3, Bighorn 3rd.
jnstal'led underground t{te
certificate of occupancy is
PLANNING COMMISSION:
1. The applicant not remonstrate against a special improvement district, if
one is formed in that area for the purpose of creation and financing of a
bicycle path that would serve Bighorn Road.
That condo declarations be filed wjth the property that address additional
GRFA and common maintenance provisions.
The change from wording of the setbacks as described in the staff
memorandum dated August 10, 1987, to the wording that is listed in the
ordinance to go to Town Council.
Kent Rose seconded this motion. A vote was taken and the mot'ion passed unanimously,
5-0.
The next item on the agenda was a Vacation and Abandonment of an Existing Easement
"over the northerly ten feet of lract A, Vail Village, First Filing. Kristan Pritz
noted that al'l uti'l ities had signed off on the Vacation and Abandonment. Kent Rose
moved to approve this item as presented, with a second coming from Gordon Pierce. A
vote was taken and the motion passed unanimously, 5-0
The seventh item of business was an appeal of the Red Lj.qn Inn Amplified SoundPermit. Ron Phjllips described the process for frant'ing a sound perm'it and thecriteria involved. Susan Scanlan stated that of the five ex'isting long-term
amplified sound permits, she was hav'ing problems with the Red Lion, and had
complaints involving Pepi's deck, too. No parties with equity jnterest ownersh'ip in
the Red Lion Inn were present at this hearing, although Steve lvleyer, the musician atthis location, was present to speak on behalf of continuing the permit. It was
established that proper notice had been given to the permittee, both verbally and inwriting. It was further established the sound level meter had been calibratedwithjn the past thirty days. Steve i4eyer presented materia'l from ROLLING ST0NE
IIAGAZINE relating to crowd noise decibel levels, as well as hjs attempts to work
with Susan in monitoring the noise. Jack Curtin, the appellant, presented
documentation of various incidents where the permittee had p'layed music beyond the
decibel level requested and granted, and incidents where music was played outside
the time parameters which had been granted. After all the testimony was given, EricAffeldt moved to revoke the amplified sound permit for the Red Lion Inn, and this
was seconded by Kent Rose. His findings noted the repeated vio1 ations of the
permitee, as well as a disregard for Town ordinances. A vote was taken and the
motion passed unanimously, 5-0.
Under Citjzen Participation, Jack Curtin spoke further of the problem with amplified
sound on decks in town. He suggested to the Council they review the current
ordinance and remove amplified sound permits that are given over a long period oftime. Larry Eskwith noted the original ordinance was not conceived to cover "live"entertajnment, and that after he reviews some procedural and legal problems, he will
be re-drafting this section of the ordinance. Bob Fritch also noted he was havjng
numerous problems with amp'lified sound coming from various decks and, now that he
understood the procedure for pursu'ing getting rid of the sound, would do so. EricAffeldt requested that Susan Scanlan check with current live performers to see whattheir response to the demise of amplified sound might be. He asked this be returnedto the Council for their consjderation withjn thirty days.
The eighth item on the agenda, the Town Manager's Report, included the following
2.
3.
i nformati on :
1. Bus
and
ridership was up 6.5% in July, which ri dership was down in April, l'lay
June, as was sales tax.
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TO:
FROU:
DATE;
Town Council
Connunity Developnent Department
Augrust L8, L987
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SURTECT: Victorians at Vail- Special Development District
This request involves two separate review processes. The reviewof a preliminary plan for the major subdivision reqluest and alsothe review of a special development district zoning request. Lot2, Block 3, Bighorn 3rd is residential cluster zone parcel located
along the Frontage Road in East vail . Size of the lot is 41,512
square feet which minus the amount of area of forty (40) percent
slope allows for developnent of five (5) clwelling units and
approximately 9r0OO square feet of GRFA. The proposed specj-al
development district meets the underlying residential cluster zonedistrict.
The Planning and Environrnental Commission voted 5 to 0 with oneabstention to approve the special development district and najor
subdivision request as per the staff ruemo dated Augrust 1"0, L987.
The PEc added an additional three conditions beyond the threeconditions of staff recommendations. The additional conditions
read as follows:l-. The applicant not remonstrate against a special
inprovement district, if one is formed in that
area for the purpose of creation and financing ofa bicycle path that would serve Bighorn Road.
2. That condo declarations be filed with the propertythat address additional GRFA and cornnon
maintenance provisions.
3. The change from wording of the setbacks as
described in the staff memorandum dated August LO,
L987 to the wording that is listed in the
ordinance to go to Town Council .
Staff recornnendation to the Tonn council is for approval of thisrequest with the staff and additional Planning Commission
recornmendations.
#ag" Street Real Ert"
and Investment Company
286 Bridge Street
Vail, Colorado 8L657
303-476-2212
Denver-629-7214
February 23, 1,987
Memo: Betsy, Dept. of Planning and Zoning
Town of VailFrom: John F. Nilsson
Dear Betsy:
Kindly present to the planning staff for i_nformaldiscussion the attached photocopy of a structure that Iwish to develop on Lot 2, Block 3, Bighorn 3rd Addition.
It is my information that the Lot is zoned "Resl-dentialCluster" and will a11ow 5 units. I wish to construct 5free standing cluster homes on the site of approximately
1200 sguare feet to 1500 square feet in size. f intend to
have detached garages and some auxilliary out buildingsthat would house hot tubs and saunas.
We are just beginning the conceptual stages of this
development and I wanted to be certain that the concept isnot contrary to your guidelines. Design will probably begin
soon with a goal of construction beginning May, 7987.
Thanks for vour help !
(i n r.ara I rr
STREET REAL ESTATE
ohn
Nilsson,NiIsson, fnc.
, . ., (:i r'(.. d
a,
t.
Professional Real Estate Brokers for Vail and Beaver Creek
t
al -'- - r a-tt ar I rl aa t,} qti: !!r* !i.t -!l
$$i {s$.a It
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75 soulh lronlage road
Yall, colorado 81652
(303) {76-7000 oltlce of communlty devetopment
January 12, 1984
Ski and Shore Rea'lty
Re: Lots I , Z, 3, Block 3
Eighorn 3rd
This.is to_verify that the above lots are zoned Residentiat clusterand the allowabte GRFA wourd be zs% of the uuildilie-ilie area, wnichexcludes any property over 40% s1ope.
According.to our records, lot I wou'ld be allowed 4 units, rot 2 wouldbe allowed 5 units, and lot 3, 2 un.its.
5 i ncerely,
^\i ^r)\ {..-t,tA Lt F=rW.-__
TOM BRAUN =--
Town Planner
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TABIE OT CONIENTS
DECI,ARATION
OF
cpvENAlflls, coNDItIoNs AND
FOR
THE VTCTORIAI|S AT
RESTRIEIIONS
VAIL
Article ften
DefinitlonE
Descrlptlon and Resenration
Property Dlvlslon
Allocation of Uncovered
Parklng Spaces
ExterLor Decorating,
Iandscaping and Maintenance
Utilltles
ArchltecturaL -Aesthetlc Control
Easenents
InEurance
Damage or Destruction
Connon Open Space
Diaintenance Assessnents
Adnlnistration and ltanagenent
Condennation
Termination of l{echanlc|sLien Rlgtrts-f ndennl f icatLon
Separate Assessnent and Taxation-
Notice to Agsessor
General Conditlons, Stipulations,
Resenrations and Protective Covenants
Declarants Right to Anend
Town of Vall RequirenentE Via
Ordinance 30, Series of 198?
Paqe
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DECIARATION OF
covENAlrrs, eoNDrTroNs At{D RtsTRrqrroNs
FOR
TITE VICTORIN{S AT VAIL
A PI.ANNED T'}IIT DEVEIOPI.IENI
PITRSUN{T TO C.R.S. 24-67-LOL ET SEQ.
Ttrls Declaratlon Le nade thiE day of _, 1987
by WIIJJIAUS REALTY CORP., a Colorado corporation, hereLnafter
referred to as trDeclarantrr.
T|IINESSETH3
I|IIEREAS Declarant Ls the orrner of Ipt 2, Block 3,
Bighorn Subdivision, Third Filing, Eagle County, Colorado (deed
recorded in Book _, Page ) which has been
resubdivLded Lnto Lota t, 2, 3, 4 and 5, together with each Lots
undivided 1/5 lnterest, as tenants Ln conmon, in ttre Conmon Open
Space beLng deflned on the Plat ltap as Parcel A, the Victorians
at Vail, the lots, Colomon Open Space and otlrer natters being
defined on the Plat litap of which has been recorded ln
Book and Page offices of the Eagle County,
Colorado Clerk and Recorder (hereinafter referred to as the
Victorians or the Property) and
I{HEREAS Declarant has constructed upon Lots 3 and 4,
the VictorLans, two resl.dential dwelllngs (the Units) consistlng
of two single fanlly unlts, and
INHERE"AS DecLarant, or Declarants assigns, will
construct Dnellings upon the remaining lots 1, 2 and 5, three
raore single fanily units, and
I|IIEREAS Declarant deslres to inpose covenants, condl-
tions and restrlctlons on the Victorians,
NOW IIIIEREFORE, Declarant hereby declares that the
Victoriane at ValI Plat llap, a Resubdivision of Iot 2, Block 3,
Bighorn Subdivielon, ['hird Flling, Eag1e County, Colorado shall
be held, sold and conveyed subJect to the following eaaenents,
restrl-ctLons, co\renants, conditlons and obligatlons, which are
for the purpose of protectLng tlre value and deslrablllty of the
VLctorl.ans, and yhich ehall be appurtenant to and nrn wlth the
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land, and shall be blnding on all partles havlng any right, tltle
or lnterest ln the Vlctorians of any part thereof, thel.r heire,
successorg and assLgne, and shall Lnure to the benefLt of each
owner thereof.
DEFINITIONS
UnleEs the context shall e:<pressly provide otheml.se
the following terns shall have the following ueanings:
A. rllhe Propertlesrr means all of the real estate
legally descrLbed on the Plat ltap as The Victorlane at VaLl, a
ReeubdivlsLon of l,oc. 2, Block 3, Bighorn Addltion, Third Flllng,
Eagle County, Colorado subsequently resubdivided into lpts L, 2,
3, 4 and 5 each together with an undivided one-fifth (1/5)
interest aE tenants in conmon l-n the Coumon Open space belng
denoted aE Parcel A on the Plat Uap, all being a ResubdivLsion of
Int- 2, Block 3, Bighorn Addition, llhlrd Flllng, Eagle County,
Colorado according to the PIat Map thereof recorded in
Book _, Page of the records of the Clerk and Recorder of
Eag1e County, Colorado.
B. nl€trr or rrBuilding SJ-ten neans Ipta 1, 21 31 4 and
5 as Ehown on the Plat l,!ap together wittr all appurtenances
Lncluding the undivtded f/5 interest, as tenantE in comon, J.n
Parcel A.
C. xUnittr neans the five dwelllng units contructed, or
to be constructed, upon the lots.
D. nConmon Open Spacer [eans Parcel A as shown on the
Plat lilap which shall be owned equally by both of the owners of
the Iots !, 2, 3, 4 and 5 each having an equal undivlded
one-fifth lnterest, as tenants in comon, in and to the Connon
Open Space.
F. nllnlted Comrnon Open Spacen neans those parts of
the Connon Open Space llnited to and resenred for the exclueive
use of and appurtenant to one or nore desigmated Iots, but fewer
than all of the lots.
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G. rorynertr Deana a peraon, peraong, fl.rn, corporation,
partnerehip or assocLatlon, or other legal entity, or any corobln-
atl.on thereof, owning an intereEt in a IFt.
H. tPlat Uap, Uap or Plattr neanE and lncludes the
engineerLng aur:\rey of the PropertJ.es by
Colorado L.S. _, depictlng and
locating wlth speclficity thereon the five Lots, and iuprovenents
thereon, the Parcel A Conmon Open Space, and any other drawing or
diagrannatlc plan deplctlng a part of or all of the land and
iuprovenents thereon subroitted to tlris Declaration. Such l,lap(B)
shall be recorded l-n the office of the Eagle County Cterk and
Recorder prior to the recordation of this Declaration.
ARTICLE I
Description and Resenration
Every Contract of Sale, Deed, Lease, l.lortgage, Trust
Deed, Will or other lnstnrnent shall legally describe a UnLt or
real property interest as folloss.
Lot No. L, 2, 3, 4, and 5 (as the case Daybe), together with an undivided one-fifth(1/5) interest in Parcel A, the Victorians at
VaiI , a Resubdivision of Lot 2, Block 3,
Bighorn Additl.on, Ehlrd Fil.ing, according tothe lilap recorded at Book andPage ariZl-ac:lffirdTi-g-to theDe;lams, Condltioni andRestrictions for the Vlctorians at Vail
recorded Ln Book == = Page_.= all_of_the records of the Clerk and Recorder of Eag1ecounty, State of Colorado.
Every such descriptl.on ehall be good and EuffLclent for
all purposes to sell, convey. transfer, encunber or othemiEe
effect not only the lot, but all appurtenant rlghts, benefits and
burdens thereto as created by tlre provisionE of this Declaratl.on,
and each such description shall be so constrrred. This provielon
shal.l apply to the propertLes aE said tern (the hcopertles) Ls
defined Ln thLs Declaration.
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ARTICIJE 2
Propertv DLvLston
1. Declarant hereby establlshee tbie ptan eor ttre
subdlvislon of the Property into flve (5) Lots for ownershlp Ln
fee sinple coneisting of lat-e, L, 21 3, 4 and 5 and tlre
co-ounershtp by the Lndlvidual and separate ownere of Iots Lr 2,
3, 4 and 5 as undivided co-tenants of Parcel A which comonly
owned property is defined and referenced aE Comnon Open Space.
2. llhe Conmon Open Space ehall be subJect to the
easenents noted on the l{ap and those eet forth herein.
3. IotB I, 2, 31 4 and 5 Bhall have appurtenant
thereto an undivided one-fifth (f/5) Lnterest Ln parcet A rhLch
ehall be inseparable fron lcte L, 2, 3, 4 and 5 and nay be
conveyed, leased, devl-Eed or encunbered only aE such undivided
interest.
4. No Olrner shall bring any action for partitlon or
division of either the Iots or the parcel .
5. In the event any of the lots are owned by tbe sane
entitLes, the doctrlne of merger shall not apply.
ARTICL,E 3
AlLocation of Uncovered parkincr Spaces and prl_vate Area
l. There is described on the lrtap (l) a private roadway
deEcribed as victorlan circre and fLve uncovered parkLng spaces
where are nurnbered I - 5 and (2) the prLvate Areas which are
sinilarly nunbered and tlre parking spaces and prLvate Areas are
hereby deslgnated as L,inited Connon Open Space. The owner(s) of
the unitg sl.th the sane nunber Ehall have the sore and exclugl.ve
right to uee euch Parking Spaces and private Area to the
exclusion of all others, for itreir private uee and the parklnE of
vehicles:
2. Tlre cost of naLntenance, upkeep and repair of
Victorlan Circ1e, and the parking spaces shall be borne equaUy
by all five of the ownere of the rots. The prlvate Area ehall be
nal.ntaLned at the eole coEt of the lot Owner.
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3. l,tutual reciprocal eaeenente ln favor of all flve
Oyners are hereby granted over and acrose the parkl.ng Spaces for
i.ngress and egress to the Conmon open Splce so long as euch use
does not lnterfer wlth the parklng of vehlcles with tlre parkJ.ng
Spaces.
ARTTCLE 4
Exterior Decoration, Iandscapincr and ltaintenance
1. Exterlor uaintenance of the Units and Connon Open
space including, but not lLulted to, paLnt, repair, replacenent,
and care for roofs, gruttere, downspouts, exterior bulldlng
surfacee, trees, shrubs, grass, walks, the uncovered parkl.ng Aeas
and victorian clrcle shall be the nutual obllgation of the oilnerE
of the unitB. such exterior naLntenance sharl not include clean-
ing or replacing glass surfaces, doors, or exterior damage caused
Lntentionally or neglS.gently by an Owner, his fanily, guests, or
Lnvitees. cteaning and replacing glass surfaces and doors wlthin
a particular Unit shall be the reeponsibtJ.tty of the individual
Onner. RepaLrs of exterLor danage caused by an Oyner or hiE
fanily, guests, or Invitees shall be repaired by euch owner at
his ercpense. In the event the need for maintenance or repair Ls
caused through ttre wllIful or negllgent act of the Orner, hls
fanily, gruests, or lnvltees, or j.f an Oryrrer fails to replace
glaes surf,aces, in eitber caEe, after ten (fO) days! notlce from
any other olrmer, the other Otrner (singularly or in concert wlth
the conplying onners) shall have the rlght, but not the
obllgatl.on, to have the repalrs of maintenance performed and the
cost of euch maintenance, replacenent, or repairs ehall be a lLen
on the Lnterest of the defaultl.ng onner yhich nay be evldenced by
a notl.ce thereof recorded ln the Eagle County records.
2. If an Of,rner falls to pay hie share of any coEt for
nal.ntenance, replacement, or repal.r of an iten descrlbed epecif-
lcally or generally ln thle DecraratLon and lf the other orrnera
(slngularly or ln concert) have paLd one bundred percent (f00t)
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of the coBt tlrereof, auch other OwnerE ehall bave a lien on the
Iot of the defaultlng Olrner for the defaultlng Orrnerrs share
whlch nay be evldenced by notLce thereof recorded. ln the Eagle
County records. llhe debt evidenced by euch lien shall be the
personal obtigation of the defaultlng Onner and the other
Owner(s) shall have the right to sue to collect the debt or to
foreclose the lien as a nortgager and the preval-ll.ng party in
such actl.on shall be entitled to lts attorneysr fees and coete.
Any Bum paid on behalf of a defaultJ.ng Owner shall bear Lnterest
at the rate of eJ-ghteen percent (18t) per annun from tlre date
said sun was paid by the nondefaulting onrner(s).
3. lfhe exterior decoration and landscaping of the Unlt
includlng, but not linited to, color and texture of paLnt, stone,
woodwork, paneling, roof materials, siding, and the current
exterior landscapLng conslstJ.ng of natural mountaln grassee and
trees shall not be changed from that originally utllized on the
Property and on the Unite yithout the prlor written consent of a
naJority (3 out of 5) of the Lot Onners. Ihe color of draperLes,
shadee or curtains vislble fron outside the Units shall be the
personal taEte of the separate onners but shall be naintained l_n
a clean and neat fashion ln hamony wlth the surroundlngs.
ARTICIJE 5
UtilitieE
All Ipts have separate water, sewer, electrl.c and
telephone and billlngs for each eerrrice shall be the lndlvidual
obllgatl.on of the Owner to whon the serrrices sere rendered. Any
and all serrrl.ces for the Connon Open Space shall be paLd tor L/s
per lot.
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ARTTCLE 6
Archltectural-Aesthetlc Control
1. No exterior addltlona or alteratlons to any exter-
Lor lnprovenents (lncludlng the Private Area), landscapJ.ng or
changes Ln fences, walls or other structures, shall be colnnenced,
erected or ual.ntained until and unless the plans and
speciflcatl.ons showing the nature, kind, shape, heights,
materLals, floor plans, exterior color scheme and locatl.on of
euch etructure and the gradl.ng plan and finiEhed grade elevatl.ons
of the Iot to be bullt upon ehall have been subnltted to and
approved j.n writlng by a naJority of the Owners. SubJect to the
aforesaid vote, each Owner shall have the right to refuse to
approve any such plans or specifications or gradlng or
landscaplng the fands which are not sultable or desirable Ln his
opLnion, for aesthetic or other reaEons, and in so passing upon
such plans, specifications and grading and landscaping p1ans, the
owners shall have the right to take Lnto consideratl5n the
suitability of the proposed building or other irnprovenent and of
the uaterials of vhich it is to be bullt, to the eJ.te upon which
lt ls proposed to erect the sane, the harmony thereof with the
Eurroundings, the topography of the land and the effect of the
structure or other inprovenents, as proposed, on the adJacent or
neighborlng property and sittr the general resLdence plan of ttre
Properties. All eubseguent additions to or changes or
alterations to any Unl.t or fences, wal1s or other structurea,
Lncluding exterior schene and all subsequent addLtlons to or
changes or alterations in any gradlng or landscaping plans shall
be subJect to the prior wrltten approval of a naJorlty of the
@nerg.
2. Fenclng landscapLng, exterLor naintenance, and
other lmprovenents erected or placed by Declarant at Lts e:<pense,
shall thereafter be naLntaLned by the orners, prorata.
3. No exterl.or nounted radlo, short rave or televlsion
or other tlpe of antenna, Lncludlng receiver dJ-shee, shall be
pernltted €xcept on an lnterl.or roof the elevatLon of whlch Le
lower than the gurrounding roof ao that guch antenna Lnetallatlon
le not vLsible fron any other Lot, fron the Common Open Space and
fron the streets.
4. No tanks of any klnd, elther elevated or burted,
shall be erected, place or pernitted upon any lot, except those
inltlally Lnstalled by Declarant, Lf any, or upon wrLtten
approval of the naJority of the Ocfiers.
5. No clotheslines or Lncl.nerators ehall be peruLtted
or naintained on the Properties.
6. All etorage plIes, eguipnent, furnLture, tools and
other personal property ehall be concealed fron view fron any
other Iots, fron the Connon Open Space and fron the streetE.
7. Any fences furrrished and l-nsta1led by the Declarant
may not be removed.
8. No rnobile hone, manufactured Etructure, shack,
detached garage, barn or out building of any kind shall be
pemitted on the Properties.
9. No inprovenents shalt be rnade to the private Area
without the naJority consent of the Iot OhErerE.
ARTTCI,E 7
Easenents
1. Reeiprocal Easements. The Declarant hereby
reBerivea for Itself, lts EuccessorE and assigns, a right of way
and easement for the lnstallatLon and contLnued operation,
nal.ntenance, repair, alteratJ-on, J-nspectLon and replacenent of
utiltty llnes, lncluding, but not llnlted to, rater lines, aet er
lLnes, gas lines, telephone lines, television cable, antenna
ll.nes and euch other utility lineE and incLdental equLpnent
thereon, over, under and across that portion of properties
sLtuate betueen any Unit and the public vay. Perpetual
reclprocal easenente for the continuance and naintenance of eal.d
aforementloned utillty lines ehall exLet both for the benefit and
-8-
burden of all of the Ounera of Iote eltuate wlthln the
Propertles.
2. ff any utlllty llne refered to ln.thls Artlcle ls
destroyed or danaged, the Offners shall cause the gane to be
restored forthslth; subJect, how€ver, to the rlglrt of any Ohrner
to darnages from another Orrner under any rule of law regardlng
liabillty for negligent or willful act or onissionE. Notwith-
standing any other provisJ.on in thls Declaratl.on, an owner who by
bls negligence or willful act causes dapages to such utllJ.ty line
or ll-nes ehall bear the cost of restoration thereof and any other
dauages allowed by law. The right of any oryner to contrLbutlon
or danaEes from any other Owner ehaU be appurtenant to tlre land
and shall pass to Euch OnrnerrE successor in tltle.
3. If any portion of a Unit encroaclres upon any other
Lot, or Parcel A, a valid easenent therefore shall exist for the
encroachnent and for the naintenance thereof. In the event the
Unit ls partlally or totally destroyed and then rebuilt, ninor
encroachnent of parte of the Unit due to construction shall be
peraitted and a valld easenent therefore and for the naintenance
tlrereof shall exLst.
4. Each Iot shall be subJect to an eaEement in favor
of all of the Ownere, lncluding their agents, employees, and
contractors for providing the uaintenance deEcrLbed herein.
5. fn the event that a Unit is constructed upon a lpt,
as d.efined on the PIat, and the UnLtrs foundation (but aleo
Lncluding the land area under deckE and overhange) doeE not abut
the actual Iot ll-nes, an nutually reclprocal easenent in favor of
all the Lot Onnere shall exLet between Buch foundatlon llne and
tlre Connon Open Space llne and the easenent shall be used and
occupied as per the covenants contaLned herein for the Comon
Open Space.
-9-
IRTTCI.E 8
Insurance
1. The Onners Jolntly shall obtain ana nalntaLn at all
tineE lnsurance of the tlpe and klnd herel.nafter provl.ded: A
pollcy of property Lnsurance ln an anount egual to the full
replacement value (t.e. f00t of current nreplacenent costn
exclusive of land, and other ltens nornally excluded from cover-
age) of the improvementa located on each lot with an rAgreed
Arnount Endorsementrr or tts equlvalent, a trDenolLtlon Endorsementrl
or itE equivalent, and if necessary, an trIncreased Coet of
Constrrrctlon Endorsementn or rContingent Ltabiltty fron Operatlon
of Buildings Iaws Endorsementtr or the eguivalent, such insurance
to afford protection against at least the folLowing:
(a) loss or damage by fire and other hazards
covered by the standard entended coverage endorsement, and for
debris renoval , soEt of denolltion, vandali.sn, nalicious ul.s-
chief, windstor:n, and water danagei and
(b) such other risks as shall custonarily be
covered with respect to projects sinilar in constructLon, loca-
tLon and use.
The insurance shall be carrled in blanket policy forn
naning all of tlre Oryners as Lnsured. ltre policy or pollcles
shall identify the Lnterest of all Unit Owners (@nerrs name and
hone address and/or Ipt nunber desJ.gmation) and shall contain a
Etandard non-contrlbutory clause ln favor of each flret nortgagee
and a provisJ.on that lt cannot be cancelled or naterl.alty altered
by eitber the l-neured or the insurance conpany untll ten (1O)
days prlor wrltten notice thereof l-s gl-ven to the other onners
and each firEt nortgagee. The Os[rers ehall furniEh a certl.fl.ed
copy of euch blanket policy, the certifLcate Ldentifylng the
Lnterest of each Owner, to any party Ln Lnterest upon request.
Tlre blanket polLcLeE of insurance Ehall provlde tlrat the LnEur-
ance thereunder shall be invalidated or suspended only ln respect
to the Lnterest of a particular Ohrner gutlty of a breach of
-10-
warranty, act, onigaLon, negllgence or non-conpll.ance wlth any
provlslon of Buch pollcy, lnctuding palment of the LnEurance
preniun applJ.cable to that Ownerr=E Lnterest or who pernlts or
faile to prevent the happentng of any event whether occurring
before or after a loss, which under the provl.eLone of such pollcy
would othenLse Lnvalldate or Euspend the entire polJ.cy but the
lneurance under any such pollcy ae to the intereEt of the other
lnsured O,yner not gruilty of any euch act or onission ehall not be
lnvalidated or euepended and shall renal-n in full force and
ef,fect. The lnsurance company ehall be deternined by the
naJorlty vote of Unlt Orynere and preulune shall be paid as
equitably allocated by the Lnsurance conpany between the unl.ts.
2. Other fnEurance to be ltaintained by OnrnerE.
fnsurance coverage on the furnishings and other itemE of personal
property belonging to an owner and public liabillty insurance
nithin each unit and upon each rpt shall be tlre responsiblllty of
the Owner thereof.
3. Insurance on Conmon Open SDace. The Owners of all
f,ive Iots Ehalt maintain insurance covering all lmprovements
Iocated or constructed upon the Connon Open Space. The Onrners
shalL rnaintain the following tlpes of insurance on the Connon
Open Space:
(a) A pollcy of property insurance in an amount
equal to the full replacenent value (1.e. 100* of current
f,replacenent coEtrr exclueive of land, excavation and other itens
nomally excluded from coverage) of the Lmprovenente, i_f any,
located on Conlnon Open Space rlth an rAgreed Anount Endorsenentil
or its equl-valent, a iDenolltion Endorsenento or ite equlvalent,
and if neceaeary, an trncreased cost of conrtructl.on Endorsementn
or ilContlngent Llabllity frou Operatlng of BuildLng LwB Endorse-
lentn or tlre equivalent, such lnsurance to afford protectlon
against at least the foltowing:
(1) loss of damage by fire and other hazardE
covered by the standard extended coverage endorsenent and by
-11-
sprlnkler leakage, debrl.e reuoval , cost of denolltlon, vandalism,
nalicious ulschlef, wlndetorn and water damage; and
(2't euch other rl.skE as shall custonarily be
covered wlth reepect to bulldlnge eLnllar ln constructlon, loca-
tlon and use.
(b) A corprehensive policy of public llabtlity f,.
insurance coverlng all of the Conmon Open Space insurLng the
OItnerE ln an amount not less than Three Eundred Thousand Dollars
(9lOOr000.0O) covering all clainE for personal lnJury and,/or
property drmage arislng out of a slngle occurrence, such coverage
to include protectlon againEt water danage ltabiltty, liablllty
for non-owned and hLre autonobile, fiablltty for property of
others, and, t-f appllcable, ltaragekeeperrs liabillty, host lLquor
liabtllty and other risks as shatl custonarily be covered with
respect to bulldings sinllar Ln construction, location and use.
(c) All such policies of insurance shalI contaLn
vaivere of eubrogatl-on and waivere of any defense based on
Lnvalldity arising from any acts of an Owner and shall provide
that the policies nay not be cancelled or substantially nodlfl.ed
wLthout at least ten (10) days prior written notice to aff
Lnsureds, lncluding the nortgagees of the Lots. Duplicate orlg-
lnalE of all policies and renewals thereof, together wittr proof
of palment of preuiuns shall be dellvered to any first mortgagree
of any Ipt upon wrl-tten request. Tb.e insurance Ehall be carrled
Ln blanket for:ms naming all the Ownere aE the insured and the
coet shall be divided equally anong all flve lot orfirers.
4. Reappraleal . Tlre Owners ehaIl, at leaEt every
three years, obtaln an appraisal for Lnsurance purposes whlch
shall be ualntained ae a peruanent record, shoring that the
inEurance Ln any period representE one hundred percent (lOO*) of
the full replacenent value of the Lnprovenents on each lot and
' f,or the LnEurable Comon Open Space.
5. lfotlce of Danaqe. The Ormere shall nottfy each
flret nortgagee of a lot whenever: (l) danage to any Lmprovenent
-12-
on a I€t exeeedB Ten Thousand DollarE (g1or000.oo), and (2)
danage to the Connon Open Space and the lnprovenente, Lf any,
' sl.tuated thereon exceeds ren Thougand Dollars ($IOTOOO.OO). Sald
notlficatl.on shalt be dellvered vithln twenty (20) days after the
event causlng the damage.
ARTICI.E 9
Danage or DeEtruction
I
i
I
l. DestnrctLon of Inprovenents on Iot
(a) In the event of denage or destructLon to a
Unlt due to fire or other disaster, the lnsurance proceeds, if
sufflclent to reconEtnrct the unLt, shall be deposl.ted into a
bank account which reguires, for vithdrawals, the sigmatures of
at least three owners. The danaged owner shalr then pronptly
authorize the necessary repair and reconstruction work and the
insurance pgoceeds will be appried by the owner to defray the
cost thereof. rrRepal.r and reconstructionr of the unl-ts, aE uEed
hereLn, DeanB reetorJ.ng the Lmprovernents to substantially the
sane condition ln which they existed prior to the danage with
each UnLt having the same boundaries ae before.
(b) If the l_nsurance proceeds are insufficlent to
repair and reconstruct any damaged unit, such danage or destruc-
tion etrall be pronptry repaired and reconstructed by the o$rner
ueJ-ng the Lnsurance proceeds and the proceedE of a speclal
aeEessment against the fLve Owners of the Lots. Any euch
aaEessnente shalr be eguar to the amount by which the cost of
reconstrrrctLon or repalr of the unLt exceeds the sun of the
Lneurance proceede altocable to such unlt. such asseegnent shalr
be due and payable not sooner than tlrlrty (30) days after vritten
notice tlrereof. Ttre speclar agEessment provided for hereLn ehalr
be a debt of each owner and a lien on hls rot and the Lnprove-
tnentg hereon and nay be enforced and colrected by foreclosure
proceedl.ngs Ln the Courts.
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(c) NotwLthetandJ.ng the above, the Ownera and
fLrEt nortgagees of any or all of the destroyed or danaged unLte
Day agree that the destroyed or danaged unlts shau fortlrwlth be
denolLshed and alr debrlE and rubbre caused by euch denolitlon be
renoved and the rot(s) regraded and randscaped. The cost of such
landscaping and denolition work whall be paid for by any and alr
insurance proceeds available. Any excess Lnsurance proceeds
shall then be dLebursed to such damaged onners and thelr flrst
nortgagees Jointly.
2. Danace to Conmon Open Space. In the event of
damage or degtruction to alr or a portLon of the counon open
space due to fire or otlrer dl.saster, the insurance proceede Lf
sufflcient to reconEtruct or repalr the danage, sharl be applied
by the owners to Euch reconstruction and repair. rf the insur-
ance proceede with reepect to euch conmon open space danage or
deetructLon are Lnsufficlent to repair and reconatruct the
dauaged or destroyed counon open space, the owners shall coneider
a special assessment. If such assessnent l_s approved by a
naJority of the onners, the orrners shalr nake such asBessuent and
proceed to nake euch repaLrs or reconstruction. If sucb
assessnent Ls not approved, the LnEurance proceeds rnay be applled
Ln accordance rd.th the wishes of the owners, except that the
proseed.r aharl not be dietrlbuted to the owners, unless made
Jolntly payable to owners and the first nortgagees of their
respective rots, Lf any. lthe assessnent as to each owner of a
rot shall be L/s thereof. such assessDent shall be due and
payable not sooner than thirty (30) days after rrltten notLce
thereof. The aEseegnent provided for herel.n sharl be a debt of
each orner and a Lien on his rpt and the inprovemente thereon and
nay be enforced and collected by foreclosure proceedj.ngs Ln the
Courts.
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ARTTCI-.E 10
Cou[on Open gpace
1. onnersr Easenente of EnJolment Every Onner efrafi
have a rlght and eaEenent of enJoyment in and to the Connon Open
space whLch shall be appurtenant to and ehall pase wJ.th the tltle
to every lot, subJect to the followlng provisions:
(a) the right of the OhrrrerB to dedlcate, sell or
transfer all or any part of the Connon Open Space to any publJ_c a
gency, authority or utl-llty for such puryoses and subJect to Buch
conditl-ons as Day be agreed upon by all of the oryners and firet
nortgagees,
(b) any Owner nay delegate hls rlght of enJolment
to the Comon open Space and facillties to the nenbere of hls
fanily, hLs tenantE or contract purchasers who reside on the
Properties and his licensees and Lnvitees pursuant to the
provisione of this Declaration,
(c) except ae bereinabove provlded, the Connon
open Space shall not be sold, abandoned, subdivided, hllpothe-
cated, transferred or othemLse encunbered by the owners wLthout
the written consent and approval of all onners and all first
nortgagees.
(d) the Ornere may pass and enforce euch
reaEonable rules and regulations with regard to the uEe and
occupation of the Connon Open Space aa a naJority of then nay
desire and agree upon but Buch ruleE EhalL be unlform,
nondiecrininatory and othemiee conply wlth state and federal
laws and appellate cases governing the passage of rpollce powerrl
regulatlone by condominl-um and townlrouse associatione.
ARTICIJE 11
llaintenance AssesementE
t. Creatl.on of the Lien and personal Obllcratlon of
AssesEmente. Th€ Declarant for the IotE owned by it wlthLn tbe
Propertiea, hereby correnants and each Owner of each lot by
-15-
acceptance of a Deed therefor, whether or not lt ahall be so
expressed Ln any Buch Deed or other conveyance, be deemed to
covenant and agree to pay the annual assesenente or chargea. lhe
annual aeseEEnent, together wlth euch Lnterest thereon, and coste
of collectLon thereof as herelnafter provLded, ehal} be a clrarge
on the land and shall be a contlnul.ng llen upon the Lot agalnst
which each Euch assessment ls nade. Each such aesesenent,
together yith Euch interest thereon and cost of collectLon
thereof as herelnafter provided, sha1l also be the personal
obllgatlon of the person who was the Owner of euch Iot at the
tLne when the assessnent fell due and notwithEtanding subseguent
resare thereof. The totar asseaanents shall be charged one-fifth
(/5) to each Parcel except the insurance for the UnitE as eet
forth above.
2. Purpoge of Asaessments.
Connon Open Space. llhe assessnents levied by the
ownerE shall be uEed for the purpose of promoting the recreation,
health, safety and werfare of all the owners of the rots and ln
particular for the l-nprovenent and naLntenance of the propertLes,
eetrrlces, and facl.litieE devoted to this purpose and related to
the use and enJolment of the Connon Open Space and easeuent
areas, includlng, but not linlted to the palnent of taxes and
Lnsurance thereon, repair, replacenent and additions thereto, and
for tbe cost of labor, equipnent, uaterials, management and
supenrision thereof.
3. Sneclal Aesessnents for Capl.ta1 Inprovenente. In
addltlon to the annual assesgmentE autborized above, the @nerE,
by naJorlty vote, uay levy, ln any assessnent year, a epecl.al
aasesament appllcable to that year only for ttre purlose of
defrayl-ng, in whole or in part, the cost of any construction,
reconstructLon, repair or replacenent of a capital j,nprovement
upon the Properties, including fJ.xtureE and personal property
related thereto.
-16-
4. BasLe and Pannent of AEseEenente.
(a) 'l!he annual aesessnent wltlr reepect to the Lots
and Parcel A shaU be estinatect by the Ounere prior to the
beglnni.ng of each year or flscal year and the aeeesement ghall be
payable ln advance Ln equal guarterly or nonthly lnstalhnente as
deternLned by the Owners. The assessnents made shall be based
upon the estinated cash reguLrenents deened to be such aggregate
Eutr as iE deternLned to be pai-d by all of the Onners Ln order to
provide for palznent of all eEtinated expenses congl.stent wLth the
purposeB set forth in thiE Declaration including any deficlt.
(b) The Owners shall determlne fron tl.rne to tine
durlng the course of an ensutng year whether a defl-clt or eurlglus
exlstE or ryl.ll result baeed upon its current estLnate and shall
nake appropri.ate revl.sion thereof. A deficlt shall be borne by
a1l OwnerE and ehall be reflected in the next installnent to be
paid by the onners.
(c) Written notice of installuents and the anount
thereof sha1l be sent to all Onners and such LnEtallnente shall.
be due and payable on or before the tenth (I0th) day of the next
nonth. lIhe Onrners are empowered to assess a late charge of not
uore than ten percent (1O*) of the amount of each delJ.nguent
Lnstallnent.
5. AII aEEessuents Ehall be fixed at a unifom rate
for all Lots except for the Lnsurance as set forth above.
6. llhe annual assessnent (or revLsed assessnent,
includJ-ng any deficJ.t) and other eeparate ctrarges provided t-n
this Declaratl.on (herelnafter referred to aB iasBessmentei) shall
be a charge on the entire real property lnterest (Iot and
wrdlvided LntereEt in Parcel A) of each owtrer and ehall be a
contl.nuLng ll-en upon such real property LntereEt against whlch
each assessnent ls uade and euch continulng lien shalt be
euperLor to all other lLens and encutbrances, except only for (1)
taxeE and specJ.al assesenent ll.enE on the real property lnterest
ln favor of Eagle County, Colorado or any assessing unLt, and
(tt) the encunbrance of any fLrst nortgaEee.
-L7-
Ilpon the fal-lure of an Osner to pay one or Dore
lnstallnente of the annual aEeessment, any other Onner(e) ehall
prepar6 a wrltten ltotice of Llen eetting forth the anount of such
unpald Lndebtednees, the name of the Ormer and a descrlptJ.on of
hle Iot. Such Notlce shall be signed by such other Owner(s) and
shall be recorded Ln the Office of the Clerk and Recorder of
Eagle County, Colorado. Such lLen for the common e:q)enaes shaD
attach fron the date of tbe faLture of palment of the asaeae-
nent. such lien nay thereafter be enforced by the forecloEure of
the defaulting ocrnerrs real property lnterest by the other
onrner(s) ln llke manner aE a uortgage on reaL property subsequent
to the recording of the Notice of Lien. In any euch NotLce of
Lien proceedings, the defaulting Owner sha1l be required to pay
the coEts, extrrenses and reaEonable attorneyre feeE in an amount
not less than one Hundred dorrars ($too.oo) incurred for flrlng
the lien, and in the event that a forecloEure proceedlng ie
subsequently brought, the additlonal costs, expenseE and the
anount Lncurred for reasonable attorneyrs fees ln the amount not
lesE than $ZSO.O0 ehall be paid by tlre defaulting Owner. The
owner of the rear property intereet being forecrosed Ehall be
reguired to pay the subEequently accrued and accruing nonthly
installnents (assessrnents) during the period of foreclosure. The
other owner(s) shall bave the pover to bid in the real property
Lnterest at foreclosure or other legal sale and to acquire and
hold, lease, lortgage, convey or othemise deal with the aarle.
Any encunbrancer holding a tien on a real property
interest nay pay, but shall not be requl.red to pay, any unpald
assessnents payable with respect thereto, and upon such palnent
euch encunbrancer shall have a ll.en on euch real property
LntereEt for the rFountg pa!.d of the sane rank ae the lLen of hLs
encunbrance.
Upon the reguest of a flret nortgagee of any lot, the
ouners shall report to euch firEt nortgagee any unpaid assess-
lents or other defaulte under the tsmE of tlrls Declaratlon whlch
-18-
are not cured by eald lortgageers mortgagor vithln thirty (30)
daye after the date of default.
7. O.rynerrs Personal ObllgatLon for Parment for
Aseesgnents. The anount of the aBBeBsment ehall be the peraonal
and indl-vidual debt of the Onrner thereof. No Onner uay exeupt
hlnself from the llabiltty for the assessment by walver of the
use or enJolment of the Cornmon Open Spacea or by abandonnent of
his real property interest. In the event of def,ault ln the
palment of an assessnent lnstaUnent, the Onner shall be
obllgated to pay lnterest at the rate of eighteen percent (18*)
per annun of the amount of the Lnstallnent fron due date thereof,
together yith a1l costs and e:<penses, including attorneyts fees
incurred, together ulth late charges. Suit to recover a Doney
Judgnent for unpaid comon expenses ehalt be naintainabre wlthout
foreclosing or waivlng the lien securing same.
8. Assessnent Certificate. llhe Onners shal1, upon
request of any Owner, nortgagee or contract purchaser, J.ssue
thelr certificate certifyinq whether or not assessment
inetallnentE witlr respect to any Ipt have been pal_d or if they
are Ln arrears, or, if ln arrears, the total amount owing as of
the date of the certLficate. such certlficate shall be sigmed by
the litanagl-ng &rner, as defined below, and ehall be conclusive
evLdence thereof In favor of any thlrd peraon relyl.ng therein Ln
good faith.
9. Subordination of the Lien to Mortqaqee. The ll.en
of the aesessnents provided for herein shall always be
eubordLnate to the llen of any first nortgagee. sale or transfer
of any lot ehall not affect the lien. llowever, the sale or
tranefer of any lpt as a result of court foreclosure of a
lortgage, forecloeure tbrough tlre public Truatee, or any proceed-
ing Ln lieu of foreclogure, shall extingruJ.sh the lLen ae to
palments whlch became due prior to such aale or transfer, but
shall not relLeve any former Onner of personal llablllty
tberefor. No sale or transfer shalt relLeve such Lot fron
llabiltty for any aaseEE[ents on other changes provlded hereln
thereafter beconinE due or fron the lLen thereof.
ARTICI..E 12
AdnLnl.stration and l{anacrenent
1. All Orrnerrs Responsl.ble - Ultlnate Control
Reso1utl.on. AII Ipt Ormers shall be uutually responsLbLe for the
adnlnlstration and management of the obtlgatlons created here-
under. However, in the event the Owners cannot nutually agree
when a decLeion is regulred by this Declaratl.on, the impasse
ehall, unless otheml-Ee set forttr ln thlE Declaratl.on, be
reeolved by a naJority (3) of the flve lot Orrners.
2. Rotation of lrtanaqenent. ttanagenent of the
PropertieB, pursuant to the regulrements and provieLons of thl.s
Declaratlon, shall be rotated as followe:
(a) Uanagenent in year 198? and every flfth year
thereafter shall be by the Owner of Iot ti roanagenent in year
1988 and every fifth year thereafter shall be by the orrrner of r,ot
2; and shall continue to rotate Ln a like nanner until 1992 when
uanagment etrall rotate back to Ipt l.
(b) Ttre Uanagl-ng Owner shall advLse the other
oryners of arl decLsione being made pursuant to thls DeclaratLon.
(c) A non interest bearing bank account shall be
naintained by the tlanaging owner ln the name of fhe victorLanE at
Vall and tlre account shall require at leaet two signatures. The
account shall be funded by the assessnentB as set forth berein.
(d) |lbe ltanaging Orner nay delegate or asslgm hls
Danagrment responsiblllties to any other Orrner wil1lng to accept
Bane or, lf a naJorlty of tlre Owners altree, the aforesald dutles
uay be aesLgned to a reputabLe ReaI property Uanagenent Conpany
and LtE fees shall become a part of the asseasnenta aet forth
hereLn.
(e) Annually, the ltanaglng Owner shall file wlth
tlre Eagle County Clerk and Recorder, witb specLflc reference to
thiE DectaratLon, a statenent of the nane, addresE and telephone
nurnber that the Dlanaglng Onner (or lrtanaging AEent if one l_e
euployed) can be contacted at.
-20-
(f) Any Owner tray flle ulth the Eagle County Clerk
and Recorder, wJ.th speclfLc reference to thig Declaration,
Llnlted PowerB of Attorney, grantlng to any other orner hle or
ber right to vote until revoked by recordatLon of a revocatLon,
all natterE set forth ln thls Declaration.
3. overrlde. rn the event that the naJority of the
Ipt owners belleve, based on the standard of the reaEonable nan,
(t) that a l{anagrnent decision has been nade incorrectly or
contrary to the Declaratlon or (il) that tlre omer delegated wJ.th
t{anagement ls grullty of nis-, nal- or non-feasance sith respect
to thls Declaratlon then the naJorlty onners ray petltion the
Eagle County District Court for a Judlcial determinatLon of tbe
controversy which decision shall be blnding upon all Owners, The
Court rnay assess costs and any reasonable attorney fees aa may
have been incurred by the parties based upon the neritE of the
caBe.
ARTICLE 13
Condennatl-on
1. Condemnation. If at any time or times during the
continuance of ownership pursuant to thls Declaratl.on all or any
part of the Connon Open Space shall be taken or condenned by any
public authorlty or eold or othemise dlsposed of Ln lieu of or
in avoidance thereof, the following provlsione of thLE Article
shall apply:
(a) ProceedE. All compeneation, damages or otber
proceeds therefron, the sum of which lE hereLnafter called the
tCondemnatl.on Awardi shall be payable equaUy to all of the
Oqnrera and their first nortgageee.
(b) Conplete Taking. fn the event that all of
ttre Connon Open Space ls taken or condenned, or sold or othenLse
dlsposed of, ln lIeu of or Ln avoLdance thereof, the Condennation
Award Ehall be apportioned among the Owners equally and palment
of said apportJ-oned amounts shall be made payable to the Orrner
tnd the flrst uortgagee of hlE Lot Jotntly.
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(c) Partl.al Takina. In the event that lees than
the entlre Conmon Open Space le taken or condenned, or sold or
othemise dleposed of Ln ll.eu of or ln avol-dance thereof, the
Condennation Anard shall first be appll.ed by ttre Ohrrers to the
rebul.ldlng and replacenent of those lnprovements on the Conmon
Open Space dauaged or taken by the condenning publtc authorl.ty,
unlesE both of the Ownere and the fl-rEt nortgageee of each Iot
agree otherrise. Any surplus of the award or other portLon
thereof not used for rebuildlng and replacenent shall be used by
the Owners for the future naLntenance of the Connon Open Space
and exterior naintenance of the Unlts.
ARTTCI,E 14
Ter:mination of Mechanicrs Lien Rlcrhts - Indennificati.on
No labor performed or rnaterl-a1s furnished and lncorp-
orated lnto a Unlt wlth the consent or at the request of the
Onrner of such Unit, his agent, hLs contractor or subcontractor
ehall not be the basie for fLllng of a lien agaLnst tlre Common
Open Space or against any other Ipt or any other Iot Owner who
did not e:rpressly consent to or reguest the serrrices o!
naterl.ale. Each Owner shall l-ndennify and hold haruleEs the
other Owriers from and againet all liabillty arisLng from the
claim of any llen agalnst the Lot of another or against the
Connon Open Space for conEtruction performed or for labor,
materials, Eervlces or other products lncorporated ln a Iot or
Untt upon the conEent or reguest of Euch Unltrs Owner.
ARTICI.E 15
Separate Asseeenent and TaxatLon - NotLce to AEsessor
Declarant shall glve wrltten notlce to the Eagle County
Assessor of the creatl-on of the real property ownership Iots
defl.ned herel.n and taxation ehall be as follows:
(a) Lots 1, 2, 3, 4 and 5 each together with Lts
undivided one-fiftlr (/5) lnterest ln Parcel A ehall each be
deened a separate taxatl.on parcel, subJect to separata aesessnent
and ad valoreD taxatLon.
(b) In the event that Parcel A le separately
taxes, the tax aeEessnent ehall be pal.d prorata by the Iot
Otrnerg.
ARTfCLE f6
General Condl.tions, Stipulatl.ons and Protectl.ve Covenants
The following general conditlons, stipulatlons and
protectJ-ve covenantE are hereby inposed upon the propertl.es.
1. Except for the business of the Declarant Ln connec-
tlon wlth the development of the propertJ.es, no trade, or
business actlvlty shalt be conducted, carrled on or practl_ced on
any lot, or in a Unit constmcted thereon, or ttre Conrmon Open
Space and tlre Owner of said lot shall not euffer or permit any
unit erected thereon to be used or enployed for any purpose that
will constrtute a nuiEance Ln law or that wilr detract fron the
reEidential value of eaid Lot or the other Lots.
2. The covenants and restrictions of thls Declaration
shall run wlth and bind the properties and shall lnure to the
benefit of and be enforceable by the O,wner of any Iot subJect to
this Declaration, their respectl.ve legal representatives, heirs,
successor and asslgnrB, for a term of fifty (50) yearE fron the
date thls Declaration is recorded. The covenantE and
restrictionE of thls Declaratl.on nay be anended by an instrument
slgned by all five of the Lot Ormers, and Ln all caseE by one
hundred percent (100*) of the firEt rnortgagees of record. Any
anendrnent nust be properly recorded. No part of the Declaratl.on
nay be anended Ln euch a nanner that it wlll advereely affect the
existing rlght of any owner or Dortgagee with partl.cular respect,
but not llnited to unpaid aasessments or the 1ien of any
nortgagee.
3. Enforcenent of these covenants, reEtrictLons and
other provislons ehall be by any Onner by any proceedlng at larr
or in equlty agalnst any peraon or peraons violating or
attenptlng to vl.olate any covenant or restrLctl.on, elther to
restral.n vl-olation andr/or recover danages and against the rpt to
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enforce any lLen created by these covenants. ,lllre onissl.on or
fallure of any Owner to enforce any covenant or restrl.ctLon set
'forth ln thie Declaration shall Ln no event be deened a raLver of
the rlght to do so thereafter. In the event of ll.tLgatlon
pursuant to this Paragraph, the prevalllng party shall be
entitled to all costs e:<pended and reasonable attorney fees.
4. If any of the provisions of this Declaratlon or any
paragraph, eentence, clause, phrase or word, or the appllcation
thereof in any circunstance be Lnvaridated, such lnvarldity ehall
not affect the valldity of the remainder of tlrlE Declaratl.on,
that the applJ.cation of any such proviel-on, paragraph, Bentence,
clauEe, phraBe or word Ln any other circr:nstances shall not be
affected thereby.
5. That whenever used hereln, unless the context sfrafi
other:srlse provide, the singurar nunber shalt include the plural ,
the plural the sLngular, and the use of any gender shall Lnclude
all genders.
6. The books and records kept pursuant to thiE Declar-
atlon shall be open to inspection by each orrner and his nortgagee
at any tfune durlng reaaonable buEiness hours.
7. Declarants and all Eubseguent Onners of any inter-
est in the Properties by acceptlng a Deed to any J.nterest thereto
waive the honestead exenption or any other exenptlon of the laws
of tlre state of colorado or any federar raw only as lt relates to
any rien filed by any ontrner pursuant to this Declaration, other-
wiee, Buclr exemptl-ons are not hereby walved.
8. Each Owner shall register hiE nailing addrese wLth
the llanagl.ng Orrner and all notl.ses or demands intended to be
Eerx/ed upon an Oryner ehall be eent by certlfied nail, postage
prepald, addreEEed in the name of tlre Onrner at euch registered
ualllng address. In tbe alternative, notLces nay be deJ_l.vered,
If ln wrJ.ting, personally to any other Orrner. proepectJ.ve
purchaeere of rpts shall be entLtled to deterul.ne lf a serllng
ortner Le Ln defaurt wlth respect to any uaintenance obllEatJ.on or
any other obligatlon under thege eovenantE by dellvertng a
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vrl.tten lnquiry wJ.th reepect thereto to tlre Uanaglng Otnrer ae eet
forth herel.n. If no response ls recelved to euch lnqulry wltlrln
f,l.fteen (15) days of the date sald notl-ce Le recelved, the
noneelllng Orynera shall be deemed to have waived any cLaln of
lien or clain for danage. lllre exletence of a recorded notlce of
lien, however, shall constltute notice to a prospective purchaser
of a clalm by the OwnerB of the otlrer lote, and ehall not be
affected by the foregolng request for infornatlon.
9. Any first nortgagee of any Iot withln the
Propertles nay Jointly or elngrularly pay any taxes or other
charges whl.ch are ln default and whLch nay or have becone a
charge agaJ.nst the Lot and nay pay overdue premlunE for hazard
Lnsurance pollcles or aecure new hazard inEurance coveragte on the
lapse of suclr policy for such Lot and any first nortgagee upon
the makLng of such palment shall be innedl.ately owed
reinbursenent therefor fron the Owner.
10. The onission or faiLure to fix a current
aEBesBment or give notice thereof for any perlod ehall not be
deerned a waiver, nodLflcation or a release of the Orrnere
oblgiation to pay assessmente and the prior established
asseEEment, until notifled othenise, shall be the current
aesessment.
Article 17
DeclarantE Riqht To Anend
1. Notwlthstanding anything contained Ln this
Declaration to the contrary, the Declarant or Lte assigm uay, and
hereby expresely resenres the rlght to, unJ.laterally execute and
record amendnents and eupprenentE to thl.e peclaratLon with regard
to any uatter includLng extensLons of this reeenred rl_ght,
rithout the consent of any owner, nortgagee, trust deed hotder or
any other party, at any time, vlthln fLve years of Lts
recordation or the sale by the Declarant of all five lots,
shl-chever event occurs firEt. Further, any and all pereone and
entitles rho take subJect to this Decl.aratlon, anendnent and
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suppleuente thereto, Lrrevocable constltute and appolnt the
Ileclarant, and lts asslgms, to be theLr tnre and lawful attorney
Ln thel.r nane, place and stead for the purpose of execution of
such rrnendnents and supplementE aE herein provided.
Notslthstanding the above, subeequent to the conveyance
of the first l.ot that Ls encunbered, no anendnent or suppleuent
uay be flled that wllt affect that Ipt wlthout the rritten
permJ.sslon of any flrst truEt deed or flrst nortgage holder
eecured by that Iot.
ARTICI,E 18
Town of Val-I recnrLrenents vl.a Ordinance 30, Serl.es of 1987
1. Ttre Town of Vall , Eagle County, Colorado has passed.
Ordinance 30, Serles of 1982 wherein the property has been
rezoned to special Developnent Dl6trict 18 (hereinafter referred
to aE Ordinance 3o).
2. Notwithstanding any other provisJ_onE of thls
DeclaratLon to the contrary,
3. Pernitted UEes on the property are as follows:
Single Fanily reEidentLal dwellings, open space and publlc and
prlvate roads. Accessory ures are: PrLvate greenhouses,
toolshed.s, playhouses, attached garages or car ports, ewinnl.ng
poole, patios, or recreation facilLties cuEtomarlly incidental to
sLngle-fanlly resLdential useE.
4. Structures shall be setback from the exterlor
property llnes of the Property shall be fifteen (15) feet from
the side and rear ll-ne and twenty (20) feet fron the front llne.
5. Setbacks fron the bullding envelopes eha[ be fLve
(5) feet. Roof overhands and decks may encroach half way lnto
the requLred eetback.
6. The Property has been approved for a total Erross
residentlal floor area (GRFA) of 9,OOO aquare feet or an average
of 11800 GRFA per lpt. lltre five Unlts to be constructed on tlre
flve IotE and ae presently configrured, slII each contaln less
than 11800 GRFA and provlEion Ls hereby nade for the equitable
dlstrLbution of tbe Unuged GRFA, Lf any, ae fol1owEl Each deed
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of a Ipt frou the Declarant rl.ll contaLn a notatlon thereon (the
GRFA Track) of the GRFA exlstlnE Ln the conpleted Unlt and that
GRFA, subtracted fron lr8OO, wlll be set out as the Unused GRFA
appurt€nant to that Iot, whlch Unueed GRFA nay be uEed by the
Orsner of the Iot, his heire and assigns (tt being epeciflcally
understood that owners of Iots Ln the Property nay sel1 or aseign
unueed GRFA to any other Oryrrer of a Iot ln the property) for any
Psmltted Use by, and ln confozmance wLtlr, Ordinance 30 and the
written pernlseton of the naJority of Iot Onners aE set forth
berein. The Unused GRFA lE concluslvely d.eened to be a real
property rlght appurtenant to the Iot.
Upon each eubeequent uEe and dirninisbnent of the Unused
GRFA' shall be executed, acknowledged and recorded a suppremental
GRFA Track by (f) the Iot Oryner and (2) the naJority of Iot
Onners approvLng the use and plans wlth the Eagle County Clerk
and Recorder (referencing thiE Declaration and Article), wlth
speciflc reference to the Ipt with the purposes and lntent of
keeping a complete and accurate record of the unused GRFA
remainLng appurtenant to each Ipt.
ff agreed to by the Town of VaLl , each deed and
subeequent uEe of the unused cRrA Bhall have attached to the GRFA
Track, the approval and conEent of the Town of Vail, to the
amount of GRFA used and unused wJ.th regard to tlre Ipt it belng
the specl-fl.c Lntent of the Declarant to avol.d controverey betreen
OnnerE and between OnnerE and the Town of Vail regarding the
UnuEed GRFA appurtenant to each of the lpts.
In the event that a Unit containE more than lr8OO GRFA,
a notatlon on the deed shall set out the actual GRFA and that
there le no Unused GRFA. lthe renaining eml shall be used by the
Declarant ln Lte sole and absolute degcretlon so long ae not nore
than a total of 9,000 GRFA shall be constructed Lnto Unl_ts upon
the Property.
l{otwl.thetanding any deflnltion or neasurement of the
GRFA to the contrarl, each Orner agreea to (1) be absolutely and
uncondltionarry bound by the GRFA and unused GRFA set forth rn
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hls contract to purclrase, deed and Supplelental GRFA Tracks and
(2) to waLve, releaae, lndennlfy and hold har:nleEe the Declarant,
ltg euccesEora and aeslgmE aria the Town of Vall frou any and all
cral.ns of Lncorrect or f,aulty Dea6urement of the GRFA eubseguent
to conveyance. Each Oryner of a UnLt further covenante and
warrante that he has personally, or through agents, prior to
entering J.nto any contract to purchase a Unit, (l) neasured or
detemined the available GRFA pursuant to the definitlons and
etandards of the Town of Vallr (21 agrees rlth the anount eet
forth on the contract to purchase, deed or tlre SuppJ.enental GRFA
TrackEi (3) or has knowlngly and intentlonally waived hls rlght
to independently estabtlEh the GRFA and Unused GRFA anct (4) did
not base, as a material consideratLon or crl.tera for the agreed
purchaee price, on the etated GRFA or Unused GRFA.
IN WITNESS WIIEREOF the Declarant has set its hand and
seal the day and year first above written.
WIIJLINIS REALTI CORP.a Colorado corporation
PRESIDENI
sfATE OF COI€RADO )) es.
COT'NTY OT TAGIJE }
The foregoing instrument sas acknowledged before ne
thle _ day of 1987, by as
PRESIDENT OF WILLLAIIIS REAL,TY CORP. a Colorado corporation.
wlllfEss ny hand and official seal.
(S8.AL)
Notary Rrbllc
George I.l. Straw
2043 York St.
Denver, Colorado 80205
l.ly Conmission expires: ltay 15, l99o
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