HomeMy WebLinkAboutVAIL INTERMOUNTAIN BLOCK 2 LOT 4 LEGALDepartment of Community Developm ent
75SouthFrontageR oad
Vail,Colorado8165 7
9 70-479-2138
FAX970-4 79-2452
www.ci .vail.co.us
April25,2001
JohnNichols
Fax:970-479-2157
RE:Lot4,Block2,Vail Intermountain /2655LarkspurLane
DearJoh n:
Accordingtotheoriginalplat ofBlock2,VailIntermountain,thetotal lotsize of Lot4is
9,227sq.ft.(lot size mustbeconf irmed wi th a survey)and is zonedPrimary/Secondary.There
isnoavailableinformation regardingexistingGRFA.OnaPISzonedlotlessthan
14,000sq.ft.,only onedwelling unitisallowed ,oronedwellingunitandoneTypeI
employee housingunit.However,becausethereare c urrently2dwellingunitsonthe
site,Lot4 is considerednon-conformingwith regards todensity.Thisnon-conformity
maynotbeenlarged.Therefore ,developmentpotentialislimitedto250sq.ft.of
additional GRFAforeachunit.AnyGRFAbeyond250sq.ft .would requirethatthe
secondaryunit bedeedrestrictedasaTypeIEHU.Shouldyouhaveany questions,
pleasedo nothesitatet ocontactmeat970-479-2369.
S~
Allison Ochs
Planner"
TownofVail
o R8CYCLED PAPER
Department a/Community Dev elopment
75SouthFrontage Road
Vail.Colorado 81657
9 70-479-2138
FAX9 70-479-2452
www.ci.vail.co.us
April25,2001
JohnNichols
Fax:970-479-2157
RE:Lot4,Block2,VailIntermountain/2655LarkspurLane
DearJohn:
AccordingtotheoriginalplatofBlock2,VailIntermountain,thetotallotsizeofLot4is
9,227 sq.ft.(lotsizemustbeconfirmedw ith asurvey)andiszonedPrimary/Secondary.There
isnoavailableinformationregardingexistingGRFA.OnaPISzonedlotlessthan
14,000sq.ft.,onlyonedwellingunitisallowed,oronedwellingunitandoneTypeI
employeehousingunit.However ,becausetherearecurrently2dwellingunitsonthe
site,Lot4isconsidered non-conformingwithregardstodensity.Thisnon-conformity
maynotbeenlarged.Therefore,developmentpotentialislimitedto250sq.ft.of
additionalGRFAforeachunit.AnyGRFAbeyond250sq.ft.wouldrequirethatthe
secondaryunitbedeedrestrictedasaTypeIEHU.Shouldyou have anyquestions,
pleasedonothesitatetocontactmeat970-479-2369.
S"&/L
AllisonOchs
Planner I(
TownofVail
o RECYCLED PAP ER
APR -25-01 WE D01 :5 0PM GA TE WAY LAN DAND DEVELOP FAX NO.97 09262698 P,01
lAND AN D DEVELOPMENT
T~~Mary An nffomMoorehead.-----
r a)<;970.479 .2157
f rom:John Nichols
Pages:2
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Phone:9iO .926 .6777
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n.:~Opinion----.__._---_._---'---
Date:4/25/01
cc .
Ttltl1lt I have a buyet for a h o m¢i n Intermountain (2655 Larkspur Lane,
lot 4)bRock 2 of V ail Inte rmountain Wl ev.SUb.)that was built in '12.The
ho~ate has an apartment in the lower l evel that has been there since
th£J hQtne was built.T he Seller r epresents the apartment is legal and I
~.g,tE.'e w ;th h er.T he B uyer wan ts to make sure that when he does
h11l~cv.ements/upgrades to the home,the Town will not dec:ide the unit
Is m(~gal"I a na e nclosi ng a cOI>¥of the CC&R'S recorded in .July of '70
f~r y()ur fElview and opinlon.I am basing my belief on 1.(c "Residential
t,,9{.,3~.fr~e rjy S Ub.ec.t to the Qeclarati ~n-,and 4..JIses.
Th~.:ritJe comp&ny belie ves the ;!Apartme nt is legal,but unfortunately
ttroy don"t i nsure %o ning.ThE:b uy~r i s looking for a comfort level on
th~s Ma1lttell'.I could n ot t hink u f a b e tter person than you to opine on
th\l!-Mattet'.
C;t~fl.dd you ple,ase let m e k now at your ear1iest convenience,as c losing
is at the e l(\lvcnth h our.
APR -25 -01 WED 01:51 PM GATEWAY LAND AND DEVELOP FAX NO ,9709262698 P,02
APR-25-01 WED 01:52 PM GATEWAY LAND AND DEVELOP FAX NO,9709262698 P,03
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'Co~rcial tot -ahall moan a lot wh1ch can b•
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APR-25-01 WED 01:52 PM GATEWAY LAND AND DEVELOP FAX NO,9709262698 P,04
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".miHllo (or its repre!>~ntativo duly <appointed)shall take into
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."..•','.r urn ..l.ning lll"mu"!(',ot'l'1t'rnp')Z;;J,~h'l n h~vu full il>llhori ly Lo
I '.,'•,h j ,':~
'::,.'·./·:·!I .~p ro l1 e or d i s nppr ove such l\05igl1 and 10Cil1;;ioll,or to dQ~i9nate.,
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;'"·i ·.··,'.·.a r e~rescntative with like aUl.nodty.In pa.'ising upon all such
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':..•«:·...':;·l'l ...n s ar..d apecLficatlonll BO ~Ubr.littl~U,t.he J\rcllitectural Com-'''.'"..f':>..
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P.059709262698FAXNO,
No tI~i18r,baaemont,tent,
No f~ncn,w~1l OI similar type barrier of
Trees on ~ny lot,e~ccpt to tha extent necas-
purpose I1hl1tsocvc.,except,such 5 \9ns as have been appz nved by
o na11 be orected.ConBt~uetcd or m~intainad on any lot for any
13.~~~~.F.~ch bU~luln~or Structur~designed for
O~CUP.3r.cy or use by human being~shall connect with water faclll-
tien 1ll.J1!<3 aVdilu!}lc ilt a !\y tirr,'"by Declarant.No priv..eu \ileUs
Gh&ll be u~~d as a 50ur~c of ~atcr [or human consumption or
DaclAraAt in \Jt1cln']cit.l:..r for idontific.3tlon of residences or
r
U,~.:!.£.Each building or structure dcs19ncd for
occupancy or !.lSI.:by hu",,]n bdn']5 :;hiltl connect with scvo r
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APR-25-01 WED 01:53 PH
APR-25-01 WED 01:53 PM GATEWAY LAND AND DEVELOP FAX NO,9709262698 P,06
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p Cl!ed huildb']Or o ther ~t ~uc t u r o ,and the llIllterilllll of which
H .iI<to b El b ill It,t.o thQ l ot.upon which it is to be es-r ·;tad ,
tho!!h armony thc t-e o!\,1 1th t he surroundings llnd tho effect of the
h u .l.],l!inq or o thor Il t.l'uc:tu rc,a,~planned,on thl)outlook frQll\
3djac ent o r n~1 9hb or l r.9 l ot sl provided,however,that refusal of
a pp rovJl of p la ~5 an ~spccJ fi ca tlon5 by such committ~o m4y be
b~~ed e n a ny rc a ~on ~~l c around,including purely a e Sthetic
g round!!,which,in th ~s ol e a nd uncon t.rolled dlscretl.on oi ene
COmlll.Lttc t',"hil ll Seam su fCl clent.
li lu.thar or nOe provision therefor is speci fieally
s t ated in ilny co nv ey ~nc ~of iI lo t in the Subdivision,the owner
or O CCU1)~I\t of e acnand e ve ry le t.by acceptance of t.itl~tl1e~,,-
to 0 1."by tlild llg pOG 5 ,~s s iO I\t h ereo f.e cvenanes and agrce$that
e )ch bUilcHr.g or ot b",r s truc tu re (or addition,change or altl!ra-
t ion ~\e reo ~'5h al1 b~CO~$tructc d.e re cted a nd ~~intained only
j ns trict accordan ce wit h tho::pl,,',s a nd spe e i fic iltions so approved
by t hc co~~itt e c.Xn the event ~aid Commi ttee,or its desig-
n atcd r epr o 'l l)"tati v cl,f ,l it !'t o appr eve or di sapprove such design
and Ioentic.,within lhir ty D Ol days aft.er s ai d plans and s peci-
fi c;<lt!ons h ave b e en ~l!tmit tcd to it or,in a ny event ,if no s ult
to cn joLn t hc erec t io n of su cn bUild ing ror tt,il making of such
to the co mpletion ~hc rc o!.s uch approval sh"ll not be r eqUired
.md th iG co vena nt;"h.i ll u c d c <?med to h ave jaee n ful ll'compl ied
6.?ark l ~~.A ll r~s ldcnt i a l lctG sha ll prOVide a dequa.te
sp,leo for O((-stT"'l.1 t p3 rki n'.l for two vc h i c tus (IN'dlo:clli ng unit.
All pu r chase rs o t l:om;r"Hci.3l l ots sha ll pro vide .:l dequ.lto s pace
for off-stre et p~r k ing f or n ne v .::hiclG por cDndo~inium.hotal or
a p .:l rtment u~i t or the like .
7 .N u i s.-:!~l,~~.~,)nox i cus or offanlnvc trade nr .l~tiVity
nha L],b e c a r r Led on u pon .:l ny lot.n or ~h.\l L a :l.ything be do ne
l h"r con wh i ch may b e 0'L,",;;.,<;'In an n ovanc c or n uisance 10 thp.
no i ghb orhoocl.
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APR-25-01 WED 01:54 PM GATEWAY LAND AND DEVELOP FAX NO,9709262698 P.07
no improved hy tho;cons t ruc c i cn of ;l.:lr<l.m~,ta\Jns and cHtarior
11'110"aze as ,101\)1(;1"1 ::;h:.U be p(l;rmict~d only "ftor t:h~p Lans
"-&-
APR-25-01 WED 01 :55 PM GATEWAY LAND AND DEVELOP FAX NO.9709262698 P.08
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",!),"nt 0\'a93ig J1<l the tight to enter upon the property upon or .:19
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a t the expunae of the ownu'"thcl;Co{.any e rcct Lcn,th inq or con-
dition that m~y be or oxiat thcr~on contrary tu the intent nnd
ncant n ..of tho pr ovLs t on»rl~rcof:and uc cLaranr or its ,19cnt or
paBa for aueh entry,.,b"tnrll ,~nt or rcmovc L,
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APR-25-01 WED 01:55 PM GATEWAY LAND AND DEVELOP FAX NO,9709262698 P,09
sarno rights
(~UtiC5,it
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The provialons cOl\tlllned ill
VAIL HlTERMOUNT.'1 IN i\SSOCIA'rES
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lly ./.'-(..:'.'-".~.;;C,~
Genceal Pattn'::l of PaCt.
D"v"l0l'll1nnt Comp"ny,'the
G~nctal rartncr of v~il
Intcrm~unt~in Associates
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Riqht tv Enforce.25.
~r ~':Tiv,'n to and a55 1J:ll od by 1)(!CLlrdot here in.
26.A:lsiqnm,)nt of POI<ar·).Any or all of th\,!ri<Jhts
a"t1 u,'Yl<'the dutie 5 of lle clarant he rcunde r l.:lrtainin')to the p ,u-
Qny tech corpo ration o r AS50 ci~tion evidencing its consent in
U\"Q Il.h oir:3,suceo a e ces and .1S9190 q and failure by Declarant.
01'b y any 'lthor pro~C>tty m.lner,or th~lr legal rcpre ecnt ae Lves ,
h l'Jir:l ,aueecsaor s or <l 9 si gn5,to erforce any of such conditions,
r e strictions or ChatS D5 hcr~ln con _.llned shall in nO event be
l~w Clr in eql1ity ag.1iWlt .:lny po ra on ,p..Irtnershil',corporation
fll;'c,nt {ty violating O~at.tell,t,tir.,)to violate any such co,'cn/lnt
or l ,,,,,,triction.
cl..cJl:efl a walv<lr of t h'1 right to de ,;0 hereafter.Enforc:ament
il~\li'1nl"d to any othor cor pc re t t on or as soc i a t Lon vh t eh is now
orq ,);'\L~ed at \~hich IMy hCrca f.tcr b~orga nized and IoInich will
"r,el p c.we:t:9 al\tl r(!:lcrvatlon of D ~r.:larant h(!«''n cont al ncd may be
o f D&ld p,aperty.or thelr 4~d coleh of their legal reprc&onta-
ci.nes W.:l $acl:ncwlcd<j()\i by __,_,_,._.!•.•,__"';";_L,,;,-:,"':_'a Cieneral
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TilE FORl:':GOING L>'::Ol.1c.l~lCn oi v.u i Intr:cmOIlJlt.lin i\S",,-
"of th.J covul\ant:1 or r e serl ct i.cns L'ont.::d.ned herein Ina)'be I>ad dt
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I,,:':;"..,~:,::;wtitj,n9'to accep e such as~i(j t'l:nc nt and .1:l~\Ime such
"~i f ~J "....."
"1 ',~""~l'.~U ,to thi.!extent of s uch as::bJl\ll\"nt,h .lVi.!the
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APR-25-01 WED 01:56 PM
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GATEWAY LAND AND DEVELOP FAX NO,9709262698
'.l.a
P,10
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Design Review Action Form
TOWN OF VAIL
ProjectName:Miller Residence
ProjectDescription:Minor alteration -new exterior paint
Owner,Address,andPhone:Victoria Miller
2655 Larkspur Ln
Vail,CO81658
Architect/Contact,Address,andPhone:Richard Walters
P.O.Box2584
Glenwood Springs,CO81620
970-876-2360
ProjectStreetAddress:2655 Larkspur Ln
LegalDescription :Lot4,Block2,Vail Intermountain
Parcel Number:
Comments:
Motionby:
Secondedby:
Vote:
Conditions:
TownPlanner:AllisonOchs
Date:8/9/99
BuildingName:
Board/Staff Action
Action:
DRBFeePaid:$20
StaffApproval
ProjectName:Miller Residence
VAILDATA1EVERYONE\DRB\APPROV ALS\!DRBAPPR
APPLICATION FOR DESIGN REVIEW APPROVAL
•
Questio ns?•the Planning Star f a,4 7 ~-2 ~2;~
GENERAL INFORMATION
This application isforanyprojectrequiringDesign Review approval.Any project requiring designreview must
receive Design Review approval prior to submitting for a building permit For specific information,seethe submittal
requirements forthe particular approvalthatisrequested.The application cannot be accepted until all the required
information is submitted.Theprojectmayalsoneedtobe reviewed bytheTown Council and/or the Planning and
Environmental Commission.DesignReview Board approval expires one year after final approval unless a
building permit is issued and construction is started..
A.·DESCRIPTION OF THEREQUEST:('!--kd!-tf
7l:J L r'6---rl7f ;~o d~/)£or
B.
c.
LOCATION OF PROPOSAL:LOT:BLOCK:FILlNG:_
PHYSICAL ADDRESS:2."IT b.,A-/c 4.S ?'Z ?-.4P £
PARCEL #:(Contact EagleCo .Assessors Office at 970-328-8640 for parcel #)
,'
NAME OF OWNER(S):t /IC IC?/]/~
MAILING ADDRESS:_
E.
D.ZONING:.,..-_
___________________PHONE:_
Construction ofa newbuilding.
Includesany addition where square footageis added toany residential or
commercial building.
Includesminor changesto buildings andsite improvements.such as,
reroofing,painting.window additions,landscaping,fences and retaining
walls,etc.
F.
G.
H.
OwNER(S)SIGNATURE(S):.,,--_
NAME OF APPLICANT:/Z;c N".,?,-)U)-4-t-7T /;)..').~.
MAILING ADDRESS:2 e...-A5S;'L H~k!coe2 S;2!,;J I-~,
8/6 Q,tlJ PHONE:9/70 ·-tf?6 '-2?~o
lYPE OF REVIEW ANDFEE :
o New Construction -$200
o Addition -$50
~i n o r Alteration -$20
DRBfees ar e to bepaidatthetime of submittal .La ter.whenappl ying fora building permit,please identify
the accurate va luation of the project.TheTown of V ail willadjust the fee according tothe project v aluation.
P LEASE S UBMIT T HIS A PPLICATION,ALL S UBM ITTALR EQ UIREMENTS ANDTHE FEE T O THE
D EPART MENT O F CO MM UN ITY D E VELOl':'rI ENT.7 5S OUTH F RONTAGERO AD.
VAIL,COLORADO 8165 7.
•••ADDITIONS -RESIDENTIAL OR COMMERCIAL
GENERAL fNFORMAnON
Applicantsrequestingthereviewofadditionswhichrequiretheutilization ofanAdditionalGrossResidential
FloorArea(GRFA)(250)requestmustalsosubmitaPlanningandEnvironmentalCommission(PEC)
application .If theadditionrequiresanAdditionalGRFArequest,theapplicantmustreceivePECapproval
priortoDesignReviewBoardapproval.
o
o
o
o
o
o
r.SUBMITTALREQUIREMENTS
.Onecompletesetofexistingfloorplansor "as-built"drawingswithallspecificationsshown.
A preliminary titlereport,includingschedulesAandB,toverifyownershipandeasements.
Condominium Associationapproval,(if applicable).
Photos of theexistingstructure.
Specifications of allmaterialsandcolors of theaddition.
Topographicsurvey,stampedbyalicensedsurveyor,atascale of 1"==20'orlarger,onwhichthe
followinginformationisprovided:
o Tiestoexistingbenchmark,eitherUSGSlandmarkorsewerinvert.Thisinformationmust
beclearlystatedonthesurveysothatallmeasurementsarebasedonthesame
commencementpoint.
O .__Lotareaandifapplicable,buildablearea.
o Legaldescriptionandphysicaladdress.
.0 Scalewithagraphicbarscaleandnortharrow.
o Propertyboundariestothenearesthundredth(.01)ofa footaccuracy,Distancesand
bearingsandabasis of bearingmust be shown.Showexistingpins or monumentsfound
andtheirrelationshiptotheestablishedcomer.
o Topographicconditionsattwo toot contourintervalsunlesstheparcelconsists of 6 acresor
more,inwhichcase,5'contourintervalsmay beaccepted .
:.J Exist ing trees o r groups o f trees having trunksw ith diameters 01'4"ormore,as measured
fromapointonefoot abovegrade .
o Rockoutcroppingsandothersignificantnaturalfeatures(largeboulders,intermittent
streams,etc.),
1
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o
o
o All existing improvements (including foundation walls,roofoverhangs,building overhangs,
etc.).
o Hazard areas (avalanche,rockfall,etc.),centerline and edgeof streamor creek,required
creekor stream setback,lOO -year floodplain and slopes of 40%ormore,if applicable.
o Sizeandtypeof drainage culverts ,swales,etc.
o Exactlocation of existing utility sourcesandservice lines fromtheirsourcetothe structure.
Utilities to include:.
Cable TV SewerGas
Telephone Water Electric
o Show allutilitymeter locations,including any pedestals onsiteorinthe right-of-way
adjacenttothesite.
o Indicateall easements identified onthe subdivision platandrecordedagainstthe property as
indicatedinthetitlereportListanyeasement restric tions.
o Spot elevations attheedgeofasphalt,alongthestreetfrontage of thepropertyat twenty-five
foot intervals (25'),andaminimumofonespot elevations oneither side of thelot.
Three (3)copies of the following:
o Site plan,at ascaleof I"=20'or larger,showingthe following informat ion:
o Existing andproposedlayout of buildingsandother structures.
o Location of landscaped areas.
o Allnewretaining walls withspotelevations furtopandbottom ofwall.
o Location ofall required parking.
o Indicateroofridge elevations with existingand proposed gradesshown underneath.
FloorPlans ,atascale of 1/8"=I'orlarger (1/4"=I'is preferred),clearly indicating the proposed
addition..
Building Elevations,at ascale of 1/8"=I'or larger (1/4"=I'ispreferred).
o Ifexisting structure is proposed to bemodified,showelevations ofexisting structure.
-o Buildingelevations must be shown,clearly indicating thenew additiun.If building fa ces,
existingorproposed.areat angles not representedwell on the norm albuilding e levations .
show these faces as well,Shuw all rooftop mechanical systems,ifa pp li cable.
Iftheintentof theproposalisnot clearlyindicted,the Administratormaydetermine that additional
materials are necessary lorthereviewof the application.
2
•I.PRE-A.prl (CATION CONfERENCE
•
A pre -application c onferencewithTown of Vail staffis required.No applicaticn can be accepted un less the
mandatory pre -applicat ion meeting has been completed.Itisthe app licant's respon sibility to schedule this
meeting by calling 970-479-2128.
II.T 1ME REQUIREMENTS
The Design Review Board meetsonthe I s tand 3rd Wednesdays of each month.A complete application
form and all a ccompanying material mustbe aecepted by the Community Development Department a
m inimum of threeand a half (3 1/2)weeks priortothe date of the ORB public hearing.
Ill.REV1 EW CRITERIA
Yo ur proposal will be reviewed for compliance with the Design Guidelines as setforthinSection18.54 of the
Municipal Code...
IV.NOTE TQ A LL APPLICANTS :
A.If a pr operty is located inamapp ed hazard a rea(i.c,snow avalanche,rockfal l.fl oodplain.dcbris:
flow ,wet land,etc),a hazard study mustbe submitted and the owner must signan 'affidavit
recognizing the I U17~"l rd report prior toth e issuance ofa building permit.'Applicantsare encouraged
to check with the p lanning staff prior t o submittal of a ORB application to determine the.relationship
of the property to all mapped hazard s..,.'
B.Basic Plan S hee t format.Forall surveys,si teplans,landscape plans an dother site improvements
pl ans,a ll of the following mustbe s hown.
I.Plan s heet size must be24"x 3 6".For large projects.larger p lan si ze may bcallowcd.
2.Scale.The minimum scale is I "=20'.All plans must beatthe samescale.
3 .Graph ic bar seale.
4 .North arrow.
5 .Title bl ock.project na me,p roject address a ndlegal d escription.
6.Indication of p la n prcparcr,address andph onenumber .
7 .Dat es of original plan preparation andall revision dates.
X.V icinitymap o r locationmap at a scale of I "=1.000 'or larger.
9 .'S heet labelsand numbers .
10 .A border with ami nimum left s idemargin of 1.5".
1 I .Names of alladjacent roadways.
12.Plan legend.
C.Fo r newco n structio n andaddi tions ,t he a pplican t must stake and t apeth e p rojec t s ite to in dicate
pr operty I in c s ,p r oposed bui ldings a nd buil ding com ers .Alltre es tobe removed must be ta pe d.T he
n ppli cant must e ns urethats taking do ne during the wi nter is n ot bu ried b::s n ow.All s it e t ;:!ping s
und sta kin g mus t h e comple ted prior to the day of the DRB meeting..
D .A pplicants who fa iltoa ppearbefore t he Des ignRev iewB oardon their s cheduledmeetingdate and
w ho have n ot asked in ad vancet hatdiscussion on their item be postponed,willhave their i tems
r emovedf romth e O RB agenda unt il such time as the i tem has been republished.
E .If the D RB approves t hea pplicationwi th conditions or modificario~s,all conditions of approval
must be reso lved prior tothe issuance of a building permit.
""...
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~Updated 6/97
V.STAFF APPROVAL ••
The Admi nistrat or mayreviewan d approve Design Review ap plications,approve withcertai nmodifications.
denythe application.ormay refer t he applicati on to the D esignReviewBoardfor decis ion.All staff
approval s arc subject tofinal approvalbytheDRB .The following types of DesignReview applicatio ns may
be staff approved :
A.Any a pplicationfor an addition toan existing building thatis consistent with t he arch itectural design.
materialsandco lors ofthebuilding.and approval hasbeen received byanauthorized member of a
condominium association.ifapplicable:
B..An y application tomodifyan existing building thatdoesnot significantly changethe existing planes
ofthe building andisgenerally consistent withthearchitectural design.materials and colors of the .
building.including.butnotlimited to exterior building finish materials (e.g .stonew ork.siding.roof
'...materials.paintorstain.),exteriorlighting.can opies or awnings,fences .antennas .satellite dis hes •
..windows,skylights.siding.minor commercial facade improvements.andothersimila r modificati ons;
C.Any application tor siteimprovements 'or m odificationsincluding.but notlimitedto.driveway
modificati ons.sitegrading.sitewalls .rem oval ormodificatio ns toexisting landscap ing.installation
of accessory structuresorrecreational facilities.
VI.ADDITIONAL REVIEWANDFEES
A.If this application requires a separate review byanylocal.stateorFederalagencyotherthan the
Town of Vail.theapplicatio n fccshallbe increased by5200.00 .E xamples of s uchreview,may '
include.butarenotlimited to:Colorado Department of Highway Acces s Permi ts,ArmyCorps of
Engineers404.etc ..
B.Th e applicant shall be responsiblefor paying any publishing fees which areinexcess of50%ofthe
application fcc.If,at theapplicant's request,an y matter is postponed f or hearing.causing the matter
tobe re-published.thenthe -entire feeforsuch re-pub lication shall bepaidbythe applicant
C,A pplicationsdeemedby theCommunity Development Department tohavedesign,landuscor other
issues w hich may havea significant impactonthe .community ma y"require review by consultants in
a dditionto To wn staff.Should a determin ation bemadebythe Town staff thatan outside consultant
is'needed,theC ommunity Development Department may hire the consultant.The Department shall
csti mate the am ount of money n ecessary to pay thecon sultant andthis amountshal l be forwarded to
the Town by theappl icant at the time of filin ga napplication .Expenses incurredby t heTownin
exc ess ofthe amount forwarded b y the a pplication s hallbepaidtotheTown by the applicant within
30daysofnotificationby th eTown .Any exc essfund s will bere turnedtotheappl icant uponre view
C l)I1~P lerion.
."
6 ~Updated 619 7
•
LIST OF PROPOSED MATERfALS
•
BUILDING MATERIALS:
Roof
Sid ing
Other Wall Materials
Fascia
Soffits
Wind ows
WindowTrim
..D oors
Hand or Deck Rails
Flues
F lashings
Chimneys
Trash Enclosures
Greenhouses
Retaining Walls
E xteriorLi ghting**
O ther
TYPE OF MA TERIAL:COLOR:*
*Pleasespec ify the manufacturer's color,numberandattachasmallcolorchip
**All exterior lighting must meetthe Town's Lighting Ordinance18.54.050(J).If exterior lighting is prop osed,
please indicate the numberof fixtures and locations ona s eparate lighting plan,Identifyeach fi~'ture type and provide
the height above grade.lumens output .luminousarea.and attach a cut sheet of the lighting fixtures.
..'
2
:~:•.•1
.Updated 6/97
•PROPOSED LANDSCApING •
,PROPOSED TREES
AND SHR'UBS:
EXISTING TREES TO
B E REMOVED:
Botonk,,1 Namc
-;:
COOllllon Name Quantity
GRO UND COVER
S OD
SE ED
IRRIGATION
"'Minimum'req uirements for landscaping:deciduou s trees -2 inehcaliper
coniferous trees -6 fcct in height
shrubs -5 gallons
SQuare F OQt age
TYPEOR METHOD OF
EROSIONCONTROL
OTHE R LAND SCAPE FEA TURES (reta ining wails,fences,swim mingpools,etc.)Please specify.Indicatetopa nd
bottom elevations of retain ing w alls,Maximum height of walls within thefront setbac k i c -:'-~e :,Maximum height o f
wailselse where on the pro perty is b feet.
'"
"
3
'~
.:}.r \
,;-UjXiated 6/97
•UTII.lTY LOCATION VERIFICATrON •
This formistovcrify serviceavailabilityand location fornewconstruc tion andshouldbeusedinconjunction
.w(th preparing y ourutility planandsc heduling installations.Th elocationandavailability of utilities,whether
they bemaintrunk lines or proposed lines.mustbeapproved and verifiedby·thefollowingutilitiesfer the
.accompanying siteplan.
AuthorizcdSignature
U.S.Wcst Communications
J -800-922-1987
468-6860 or 949-4530
,'
Public Service Company
949-5781
GaryHall
HolyCrassElectric Assoc.
949 -5!!92
TedHusky/JohnBoyd
T.e.1.
9 49-5530
F loyd Salazar
EagleRiver Water
&Sanitation District ..
476-74S0
Fred Haslcc
...
..P!c ;is~bring a si te plan .floorplan.and e1e vatio~s whenobtaining UpperEagle ValleyWater &Sanitation
.signatures,Fireflow needs mustbe addressed..
NOT ES:
I .If theut ilityverification form has signatures fromeach ofthc utilitycompanies,and no
comm ents arcmade directly onthe f orm,theTo wnwillpresumethatthere arcnoproblems and
thedevelopment can proceed,
2 .If a ut ility company has concerns with t heproposedconstruction.the u tility representative s hall
no te directlyon the utility v e rification formthat there is a problem w hich needs tobe res olved.
Th G issue s ho ui.i ihen be deta iled in an a ttached letter to the TO\V J'i of V a il.However ,;';2 ~-:se
k eepin mind rha r itis the responsibility of theutil iry co mpany a ndt he applicant to resolve
:.-l ...._.:.-•',"\'......._.•tJ.1ic.;u !,lVi,J '~.,:_,
3.Theseve rificationsdonotrelieve the contractor of the respons ibility toobtainaPublicWa y
Permit from theDepartmentof Public Works a ttheTownofVail.Utilitylocationsmustbe
obtained beforc digging inanypublicright-of-wayorcasementwithintheTownofVail.A
buildingpennit isnot a Public Way permit and mustbe obtaine'd senarate!v.·-.
.,.
'.'..,
l~
,":
4 ~~UPdated 6/97
stttanne J.Dugan,Brtk<er
264 2 Kinni ckinnick C ourt·Vai l,Co loradoU SA8 1657
M ailing Ad dress:P.O .Box 376 8 "Va il,Co lorado U SA 8 1658
T fV 01 C (970)47t6
00164 ",FAX (9t 70)476-2564 "EoM ail d ugan@vail.netown0atommurnyDeveoprnen
April12,1998
Au:Russ Forrest
Dear Russ :
Date Receive
APR 13 1998
1willbeinandout of townthenextmonthsowantedtogetthistoyou inthe eventone
of my neighbors wishedto create awalkwayeasementacrosstheir property.
I object toany easements being created duetonoiseandtrash.Icleanedmyyard
yesterday and where peoplehavebeencrossing,on neighbor's property,there were
cigarette buts and beer bottles thrown intomy property .Nottomentiondogpoop!AndI
haveha d an o ngoingnoisepro blem.
Please placeacopy of thisletterineach of my neighbor's filessothere is no question of
my objection :
Grayonlot6block2 Intermountain
Milleronlot4block2 Intermountain
Sullivan/Springer onlot3block2 Intermountain
Amsden lot2block2 Intermountain
Meadow Creek whichIdonotknowtheirlotandblocknumber except Meadow Creek
Subdivision
Ialso understand thatlot1block2 Intermountain (Shawn Weyrauch owner)isormaybe
applying foranextensionontohisduplex .Iobjecttothisduetothelack of parking.I
hada problem this winter withhis guests/tenants parkinginmy driveway and trespassing
through my property togotothathouseandIknowthat other neighbors havealsohad
thesameproblem.
Sincerely,
--L.~.
Sue Dugan {/------
•
MATCH LINE
',
SEESHEET2 z
-4rn
::0
rn en
r ~~
~
rn
-J
0
.....
0 05662
PLASN ATTA CHED
PERMIT NO.----'-----
BUILDING
I IIIIIIVV
ABEHIRM
NOTE -COPY OF PERMIT T O BE KEPT ON JOBSITE
I N ON AUG 14,1992
DATE~CONSTRU~TIO~PE_R_M_IT_~~:::::::=:._--..
.tl'~LTYPEOF CONSTRUCTION 1r-~........~r-----+rE~----.,department of community development 2 .OCCUPANCY GROUP
PERMIT FEES
PLUMBING
MECHANICAL
ELECTR ICAL
VALUATIONG.R.F.AGROUPTYPE
zDIVISION122.34 a 1----+--1
GENERALDESCRIPTION OFWORK :=,.."....==-11 ~
PROVIDE FROST PROT EC TION FOR 3 ~------4---------------------------~
FOUNDATION .~~------4---------------------------~
TO B E FIL LED O UT COMPLETELY PRIORTO ISSUANCEO F PERMI T
T YPE OF PERM IT
o BU ILD ING 0 PLUMBINGoELECTRICAL~FOUNDATIONoMECHANICAL8655LARKSPUR LENE
DWELLINGUNITS ACCOMMODATION UNITS MECHANICAL11-------+--------1
I hereby acknowledge that Ihavereadth is application.fi lled out i n full the i nformation required,
completed an accurate p lot p lan,a nd state that a ll the information provided as required is correct.I
agree to comply with the information and plot plan,to comffilY~WithallTown ord inances and state
l aws,andtobu ild this structure according to t~~;;'zoni ad subdivision codes ,des ign
review approved ,Un iform Bu ilding C ode and ot 7~nc tewn applicable thereto.
IGK#TURE ex.~RACTOR FOR HIMSELF
ANDTHE Of)"ER.~
NEW ()ALTERATION()ADDITIONAl()REPAIR (XX PLUMBING
ADDITIONAL PERMI TS NE EDED :
35
23
BUILDING PERMIT
PLAN CHECK
ELECTRICAL
CLEAN·UP DEPOSIT
USETAX
TOTAL PERM IT FEES
DESIGN REVIEW BOARD
RECREATION FEE
BEDROO MS AS PER SECTIO N 1L .1U 1992 V BC.
DAN STA NEK AUG 26,1992~U""ii.DING OFFICIAL ------DATE -----
NOPLAN NER~NING ADMiNiSTRATOR -----DATE----
Iz()NING &BUILDING NOTES :==~,-;-:---:"':,..."...._SMO KE DETETORS REQ UIRED I N ALL
R-VALLUE
1 000
x
x
x
GAS
WOO D
o
-NbNE -
___NO.FIREPLACES
R
SOLAR
ELEC.
V
PARKI NG
DEMO
BLASTING
ST.CUT
EXT.WALL S
INSULATION:
ROOF
HEIGHTIN FT.
FLOOR
TYPE
OF
HEAT
L EGAL LOT 4 BLK 2
FILING
INTERMO UNTAI N
D ESC .
~OB NAME :MILLER FOUNDATIO N RERAIR
OWNER NAME DR.GEORG E MILL ER
17502 W HWY 101
MAliADDRESS
CITY
WAYZA TA,M I~n
ARCHITECT FIRM
MAIL ADDRESS
CITY PH.
GENERAL FIRM GREYSTONE CONST.
CONTRACTOR TOWNOFVAILREG .NO .171-B
TELE.827-5 231
FIRM
LEC TRICAL
ONTRACTOR
TOWNOFVAILREG.NO .
TE LE.
FIRM
P LUMB ING TOWNOFVAIL REG .NO .
CONTRACTOR
TELE.
FIRM
M ECHAN ICAL
CONTRACTOR
TOWNOFVAILREG.NO .
TELE .
OTHER FIRM
TOWNOFVAILREG .NO .
C ONTRACTOR TELE.~\
-'.
PLUMBING
BU ILDING
ELECTRICAL
PERMIT NO .
MECHANICAL
PERMITFEES
BUILDINGPERMIT 3'<)(6,:,
PLANCHECK /?'GC./
PLUMBING
RECREATIONFEE
CLEAN·UP DEPOSIT
MECHANICAL
USETAX
ELECTRICAL
TOTAl.PERMITFEES
ONING &BUILDING NOTES:.-)-H~6 /fl".,-/?7C!K<;'
,,7/.-Ou .A"-r?/4-'.#4-'H'~J/4!r~.c:&5
I ~L"'(I :>//')/CJq /;~
------------ONINGADMINISTRATOR DATE
...----:---
l.;;.~-'r~l ~~~/~;~~\_
GAS
WOOD
VALUATION
IIIIIIIY!)
ABEH~
12 2.34
THICKNESS R-VALLUE
G .R.F.A.
NOTE ~ERMITTOBEKEPTON JOBSITE
DATEA rqz,
__NO .FIREPLACES
TYPE
SOLAR
ELEC.
GROUP
L!
TYPE
I .TYPEOFCONSTRUCTION
2.OCCUPANCYGROUP
I hereby acknowledge thatIhaveread this application.filled outIn full the Information required,
completed an accurate plot plan,and state that allthe information provided as required is correct.I
agreeto comply with the information and plot plan,to comply with all Town ordinances andstate
laws,andto build this structure according tothe Town's zoning and subdivis ion codes ,design
review approved,Un iform Building Codeand other ordinances ofthe Town applicable thereto.
CLEAN UP DEPOSIT TO:~~ffi~/th'?
IGNATURE OFOWNEROR CONTRACTOR FOR HIMSELF
ANDTHEOWNER.
ST.CUT
ROOF
EXTWALLS
FLOOR
ADOITIONAL PERMITS NEEDED:
y !!
HEIGHT INFT .
BLASTING
PARKING
OWELllNGUNI TS__ACCOMMOOATIONUNITS __
DEMO
INSULATION:
TYPE
OF
HEAT
NEW()ALTERAT/ON()ADDITIONAL()REPAIR(
CONSTRUCTION PERMIT
OTHER
MECHANICAL
CONTRACTOR ~'-'-'-'-=::'OP"-'""-"~~-----
PLUMBING
CONTRACTOR TI2ltili..Q.E..!~,..BIi~[Q..._
T
TOBE FILLED OUT COMPLETELY PRIORTO ISSUANCE OF PERMIT
75 south frontage road
vail,colorado 81657
(303)479-2138 or 479-2139 office of community development
TO:
FROM:
DATE:
SUBJECT:
ALL CONTRACTORS CURRENTLYL REGISTEREDWITHTHE
TOWN OF VAIL
TOWN OF VAIL PUBLIC WORKS/COMMUNITY DEVELOPMENT
MARCH 16,1988
CONSTRUCTION PARKING &MATERIAL STORAGE
In summary,Ordinance No.6 states that it is unlawful for any
person to litter,track or deposit any soil,rock,sand,debris
or material,inclUding trash dumpsters,portable toilets and
workmen vehicles upon any street,sidewalk,alley or public
place or any portion thereof.The right-of-way on all Town of
Vail streets and roads is approximately 5 ft.off pavement.
This ordinance will be strictly enforced by the Town of Vail
Public Works Department.Persons found violating this ordinance
will be given a 24 hour written notice to remove said material.
In the event the person so notified does not comply with the
notice within the 24 hour time 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 construction,maintenance or repair projects of
any street or alley or any utilities in the right-a-way.
To review Ordinance No.6 in full ,please stop by the Town of
Vail Building Department to obtain a copy.Thank you for your
cooperation on this matter.
Read and acknowledged by:
&4~
Position/Relationship to Project (i.e.contractor,owner)
14 t1JJfff:('.!-!-/~~_-
Date •
••
'.
75 south frontage road
vall,colorado 81657
(303)479-2138 or 479-2~39.-officeofcommunItydevelopmeltt
BUILDING PERMIT ISSUANCE TIME FRAME
If th is perm it requires a Town ofVail Fire Department Approval,
Engineer"s (Public Works)review and approval,aPlanning Department
revieworHealth Department review,andareview by theBuilding
Department,the estimated time for a total review may takeaslong
as three weeRs.
All commercial (large orsmall)and all multi-family perm its will
have tofollowthe above mentioned ma ximum requirements.Residential
andsmall projects shouldtakea lesser amount of time.However,if
residential or smaller projects impactthe various above mentioned
departmentswithregardto necessary review,these projects may
also takethe three week period.
Every -attempt willbe made by t hisdepartmentto expedite this
permitassoonas possible.
I.tbe undersigned,understandtheplancheckprocedureandtime
frame .
At/tt@U6.fNQIt ~I#
Project Name
~rI99Z=oateorkSheet was turned into the
Community Development Department .
••
_"'t..f
READY FOR
LOCATION :
PERMIT NUMBER OF PROJECT
9/;&
I
BUILDING:
'p\FOOTINGS /STEEL
)(FOUNDATION /STEEL
o FRAMING
ROOF &SHEERoPLYWOODNAILING ---------
o INSULATION
o SHEETROCK NAIL _
0 _
o FINAL
PLUMBING:
o UNDERGROUND
o ROUGH /DW.V._
o ROUGH /WATER _
o GAS PIPING
o POOL /H.TUB _
0 _
o
o FINAL
ELECTRICAL:
o TEMP.POWER _
o ROUGH
o CONDUIT
-
MECHANICAL:
o HEATING _
o EXHAUST HOODS _
o SUPPLY AIR _
0 _
o FINAL
,'lV-APPROVED
"'1'i~RR E C T I O N S :
(!Dl~If l z/
o DISAPPROVED o REINSPECTION REQUIRED
DATE --r--'-..:..:..::....-~=--=------INSPECTOR
PERMIT NUMBER OF PROJEC T
DATE ~-1\-'\t JOB
..I
?fd 7 s>3 I
INSPECTION REQUEST /
TOWN OF VAIL
READY FOR I NSPECTION:MON TUES WE "THUR
LOCATION :~'\A~\)\).,S'~~.,
FRI _____AM PM
BUILDING:PLUMBING:
o FOOTINGS /STEEL o UNDERGROUND
o FOUNDATION /STEEL o ROUGH /DW.V .I-
o FRAMING o ROUGH /WATER r·
ROOF &SHEER o GAS PIPINGoPLYWOODNAILING
o INSULATION o POOL /H .TUB I
o SHEETROCK NAIL 0
0 0
~F I NA ~~~\\\'$'\--0 it.---o FINAL.
ELECTRICAL:MECHANICAL:
o TEMP.POWER o HEATING
o ROUGH o EXHAUST HOODS
o CONDUIT o SUPPLY AIR
0 0
o FINAL o FINAL
o APPROVED o DISAPPROVED )(REINSPECTION REQUIRED.
CORRECTIONS :
INSPECTOR ~"
INSPECTION REQUES·t-:
TWNOF VAIL
I
CALLER Q.p...4~-!....!...-+-J.A-lL..d:.....l<:2~__~:...L.!:::j",~.k::::JL!GU
I NSPECTION MON ~WED ,~FRI PM '-Pc.,
;2e,"55 7//1 /0o;/LW>fd '~'-'%
READY FOR
LOCATION :----,-'~=...f::T:z...-...",J-~:......-.-~~lL.L..q.,...=~~~:t:4.~-'-_,.;,..L____+-=-~,,!L-~---
BUILDING:PLUMBING:
o FOOTINGS /STEEL o UNDERGROUND
o FOUNDATION /STEEL o ROUGH /DW,V,j I·
o FRAMING o ROUGH /WATER I ~
ROOF &SHEER o GAS PIPINGoPLYWOODNAILING
o INSULATION o POOL /H ,TUB
o SHEETROCK NAI L 0
>Q !J ~l1 ud(£a fa ~-t-L-O 0
/~FINAL o FINAL
ELECTRICAL:MECHANICAL:
o TEMP.POWER o HEATING
o ROUGH o EXHAUST HOODS
o CONDUIT o SUPPLY A IR
0 0
o f iNAL o F INAL
~PP R O V E D o DISAPPROVED o REINSPECTION REQUIRED
CORRECTIONS:
DATE ----+----'-"'-/---1'-='-/--1-.,11::.--INSPECTOR -..-l--..4~-e::::.:J'=:::I.~=~_-----_----'--
(e·
INTER-DEPARTI·1ENTAL REVW~
PROJECT:rr-_
DATE SUBMITTED:'~I .hl.2Z"~DATE OF PUBLIC HEARING /!o A.t!.
COMMENTS NEEDED BY:~-v1 .Z i
BRIEF DESCRIPTIO N OF THE PROPOSAL:~
FIRE DEPARTMENT
Revi ewed by:_··Date._
Comments:
POLICE DEPARTMENT
Reviewed by:~Dateo _
Comments:
.•••'\.:ioio1I..i:!o""....~.......:..~...-_.......""''''••.•
"...:.
:..
".,:"01 ,"
RECREATION DEPARTMENT
°Revi ewed by:Da teo _
Comments:
..::~.
•0 0
.I
..!
.~
I'.:
,-.':;.-
,.:::/(::;.;y
'....t :....",'..
,"..',',",,',
•'.•~.,~..":'."7
P.a BOX C-,OO
AVON .COLO.8'820
(30 3)949-0072
•Inler-Mountain
Engineeringud.
'420 V ANCE STREE T
LAKE WooO.COLD.B02'5
13031 232 -0,5B
v'3 035
aee.Is sued :
TO :'---_-'-'-''''----'''-''''-'--_-->::=--::...:.:.'-'--'--'--'''--_
WE ARE FORWAR DING TO YOU:
[SJ Herew i th []Und er Separate CoverVia
o Est imat esoPrints
[]Copy of Le tter
[]Proposa ls
[]Spec if ications
o ChangeOrde r
[]ReportsoSurvey0 _
NO.COP IES DRA\'-I1 NG NO .LAS T DATE C DESC RIPT ION
;;:t 1/30 33 :5 /~/f ;;)1 '1 '1 Ilft2.!,6 4 1;I rS I;;)VJ!'C ON QO /!/I N I (/J P'S
I ,
THE SE ARE TRANSMITTED:o For Yo urUseoForApproval
[J For Revi ew and Com ment
[]Approved as Submit te d
ill As Requ e stedo
p.'/-r z.,-:-,.,,.J fI ,-?/Sf ::.0
!/().$
-tr·lr
1.0.Y.
PL EAS E NOTE :'--_----'-'--'--'=----_----'-'---'=----'="-----""---'-"-.:....:.:::_..:...:;;.-:..:..--'-------'----"'_--'--'-'-'-----_--"'--'---:;..::...'---==--'-=-_----'--'---'---=-_'--'-_
CC ,'------------------later-Mouat.la Eaciaeeriac Lt ••
I
i
I
Lakew oodAvon
PER_=_
PHONE 303 -69 4-42 36
Judith E.Hayhu rst
EXHIBITA
NAM E OF
MAILI NG ADD RESS ---::.~~_~--=.;:..::......:....=..::..::..:=--_
OWNER'S
J /:../"/
Englewood,Colo rado 80 111
NAME OF F.&Co ra J .Sarge nt
OWNER'S PHONE 30 3-77 9-0960
MAI LING ADDRESS
Englewood,Colo rado 80111
NAME OF
OWNER'S
Ro udebu sh
PHONE 30 3-773-1 470
MAILING ADDRESS 4505 S.Yosemite,#343
Denver,Colorado 80237
NAME OF PROPERTY OWNER (print or type)
OWNER'S SIGNATURE _PHONE _
MAILI NG ADDRESS
,
75 south frontage road
vail,colorado 81657
(303)476-7000
Ap r-i i 11,1985
Bruce D.Chapman
Jacobsonand Chapman PC
143 East Meadow Drive
Suite 498
Vail,Colorado 81657
Re:Lot4,Block2,Intermountain
DearBruce,
officeofcommunitydevelopment
After reviewing the condom inium map for 2625 Larkspur Condominium,the
following items are needed:
1.The Public Service Natural Gas pi peline easement is actually an
ease ment for WesternSlopeGas.Thisease ment will needtobe
changedon the condomi niummap.
2 .The bearings for theWesternSlope Gas easement are incorrect on
the condomin ium map.The bearing reading North 72 °14'Eastshould
be West 72°11'Ea~and the bearing reading North46°59'East
shouldreadNorth46°56'East according to the WesternSlope
Gas maps.
3.A letter stating that youhave the power of attorney to represent
Jam es B.Hayhurst,Judith A.Hayhurst,William K.Roudebush,Dean
F.Sargent,and Cora J .Sargent shouldbe submitted tothe
Community Development Department.
4.The condominium map must contain the following statement:
"Forzonin g purposes,this cond ominiumization maintains
that the lot will be treate d as one entity wi th no more
thanone primary/secondary residence allowedon the lot."
5.The parking area for this property shouldbe located on the condo minium
map.
6.The Community Development Department also s trongly recommen ds that
a landscape andpavingplan bes ubmitted for Design Review Board
approval.Presently,there isvery little landscaping,if any,
onthe property.It was difficult to determine if some landscaping
actually existed dueto the snow.
If·-----
(7,la _~..''I t .c .·.:~·.~-~.;'.'_"~--.-.~...;..._4._.....-'--'__._.-..........
Afte r r ev iewing the condominium map for 2625 La rk spur Condomi ni um ,t he
fo llowi ng i tems are needed:
7S south frontage road
vail .colorado 816S7
(303)476-7000 -
Ap r t i ll ,i 985
Bruce D.Chapman
Jacobs on andChapma n PC
143 Ea st Mead ow Dri ve
Suite498
Vail ,Col ora do 81657
Re:Lo t4 ,Block 2,Intermount ain
Dea r Bruce,
office of community dev elopment
r
i
!,
I
i
i,,
The Publ ic Ser vice Natural Gas p ipeline e as em ent is act uall yan
easem ent fo r We st ern Slope Ga s.Th iseas emen t will need tobe
c hangedon the condominium map.
The bearings for the We stern Slope Gas ease men t are incorre ct on
t he co ndo mini~m map.The bear i ngr eading NQrth 72°14'East s ~ould
be We st 72°11'Eastand th e bear ing reading No rth 46°59'Eas t
shouldread Nort h 46°56'East according to the Wes tern Slo pe
Gas map s .
3 .A le tter stat ingt hatyouhavethe powe rof attorn ey t o repre sen t
Ja me s B.Hayhurs t,Jud i th A.Hayh urst,Wil liam K.Ro ud ebush,Dean
F.Sargent,and Cora J .Sarg ent sho uld be subm itted to the
Commun ityDeve lopme nt Dep artment.
The condom in ium mapmust conta int he f oll owi ng statement :
"Forzon ingpurpos es,th is condo mini umiza tion maintains
that the lo t will be treate d asone ent it vwith no more
than onepr im ary /secondaryr es i denc ea ll owed on th el ot."
The parking area for this property shou ld be l ocatedonthecondominium
map.
The Cowmunity Developme nt Departm en t a lso strongly r e commends that
al andsca peand pavin g pla n bes ubmitt e df or Design Re view Board
a pprova l.Present ly,there is veryl i tt le landscap ing ,i fany ,
onthe proper ty .It wa s di f fi cu lt t o det erm i ne i f some 1and sc aping
ac t ually exist ed dueto the snow .
(e
INTER-DEPARTI·1ENTAL REVI £\4
PROJECT:~dOff\~~~Or\
DATE SUBMITTED:31 J.~1 fff
COMMENTS NEEDED BY :~\I KJ"
BRIEF DESCRIPTION OF THE PROPOSAL:
~CV~ff,~TE OF PUBLIC HEARING~
--~~UBLIC WOR K ~:>
Rev 1 eweCflb:Y:Dat e___""--"-L.-<--------'_-.L-F~=-':~
Comments:
!-);,:;C··/''7 .:~·,N.f /S
-5 Lo ~d:,::',"'~'rr~;'S
:~
/'
FIRE DEP ART ME NT
Rev i ewe d by:_'....:Date._
Co mments:
POLICE DE PART MENT
.Revie wed by:Date._
Conunents:
.:';..
-,.....
RECREATIO N DEPARTME NT
.Reviewed by:Date._
Comments:,I
!
'..
-.•.:<~",:".".:.,
""
."..>~,•.
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'.
1\"r t,J 1..I \I J u n I'U I\
,O.UPI EX_SUBD!VIS!01l HE VlI loI
'..
"
~
.'.'
A.NAME or APPLICANT _...~~I!1es~._HaY~1Urst _._.
MAILING ADDR ESS 9971E.Ida Place.----------_._.
PHONE
B.NAME OF AP PLlCAtH'S HE f'R ESENTAT I VE__J .Ei~~~s o ~_~.5 E-C:!:~.,:r:!_!'_..~~_
r~AILI NG ADD RE SS 14 3E .t~ead ow Dr.,S u ite 4 98 ,Va il,CO 8 1657..,___-_-.-.._......_--_..__.-_.__._-_._---_---
_._._.__•:...__._......._••••n __•••PHO NE _U0.3J .!t 'Z6-0Q15
OWNER'S SI GNATU RE
MAILING A D Df ~E SS ._----_..----_._--__.._..------_._._..___.__..__.'-"---
D.LOCATION OF PRO POSAL
LOT.*-__BLOCK _.2__.._SUlHJI VI S I ON _Y -:i.~I .Tl t.er:rn_~~~.~8:~~.._._1'11.1NG .._.._
E.FEE $100.00 PAlO..¢~_(~-;F/.j~.5-/...Jt "~(~o '-
F.MATERIAL TO BE SUB l'l Il TED
1,THO myl ar c op ies of t he dupl e x s ubd i v i si o np la t fol l owi uq t he r-c qu i r e mon t.s
of Sec tion 17 .16130(C)1,2.3,4 ,6.7,8,9,10,11,1 3 a nd 1 4 of the Subd iv i s i o n
Req ul at i ons,
2.Th e pl at mus tc ont ain th e f o l l owinq sta t eme n t:
"For zoning p urp os es,th e hID lots cre a te d byt hi s sub d i vis ion a r e t o
be tree te d as 011('entity w i t.h no rn ot -e t.h an o net wc -f a mi l y r -c s i d u nc c a ll o we d
on t hec ombi ned a re a s of th e tw o lots ."The s ta t eme nt mu s t be mo dif i e d
ac cording to the number of l ot s cre ated .
3.A copy of t he de cl a rat ions and/or c ovcn ent s p ro posed t o a ss ur e t h e Ina int enance
of any c ommo n a r ea S.
G.APPROV ALPROCESS,llE V1EW CR1HRIA
These can be f ound in Chapter 17.24 of th e Subdiv is i on Rcq u l a t i on s .
H.F ILING AND REC (IROING
The Depar tmen t of Cormun i ty [)CV C1 0PI II (~Jll.w i l I be rc:~poll s ible for pl olllJllly r e cording
the pl at a nd a ccr uup any i nq do cu me nt s wi th th e Eag le Cou ntyCl er k an d Rec order
upon Town o f Vai l a pp r ov al,
10.00
40.25
80.50
100.00
100.00
PERMIT FEES
PERMIT NO.-------
BUILDING
MECHANICAL
ELECTRICAL
PLUMBING
BUILD ING PERMIT
MECHANICAL
PLANCHECK
ELECTRICAL
PLUMBING
USETAX
CLEAN-UP DEPOSIT
DESIGNREVIEWBOARD
RECREATION FEE
ZONING &BUILDING NOTES :_
~~!~OFF;C1AL '!f~DA~.f9 -
~NING ADMINISTRATOR ----DATE----
INITIAL
9,500.00
VALUATION
GAS
WOOD
THICKNES S R-VALLUE
G .R.F.A.
NOTE -COPY OF PERMIT TO BE KEPT ON JOBSITE
DATE 10/17/83
TYPE
M-l
GROUPTYPE
v
BLASTING ~V".,.~\\,~~
I hereby acknowledge that Ihavereadth is application,filled out in full thein formation requ ired,
completed an accurate p lot plan,and state that allthe i nformation provided asrequ ired is correct.I
agree to comply w ith the information and plot plan ,to comply with all Town ord inances andstate
laws,andtobu ild this structure according tothe Town 's zon ing and subdivision codes,des ign
review approved ,Uniform Bu ilding Code and other orddZ'nanc of:~hewo applicable thereto.
sendclean up to Timber Wolf Ent./
Box 3625 -Va i 1 /-,-Co 81658 SIGN¥\JffE OF OWNER OR Cl>NTRACTOR FORHIMSELF
•AND i'HE OWNER.
INSULATION:
HEIGHT INFT.__NO.FIREPLACES
DWE LLINGUNITS __ACCOMMODATIONUNITS __
PARKING \)X,'t""{,.\."1 ~~
ADDITIONAL PERMITS.~EDED :
ST.CUT A~~~\I ;-.1.
FLOOR
ROOF
EXT .WALLS
DEMO "~\J~'~
TYPE ELEC .jJ
H:T SOLAR "\~lV'
NEW()ALTERATION ()ADDITIONAL (~REPAIR ()
o PLUMBINGoFOUNDATIONo
Iil BUILDINGoELECTRICALoMECHANICAL
~CONSTRUCTION PEr-R_M_IT_~~~~~----.
tOI~'I.TYPEOF CONSTRUCTION 111111 IVf!!./Ir-..,..---...,.-~-----------_
departm5nt of community development 2.OCCUPANCY GROUP ABE HI R@
TOBEFILLEDOUT COMPLETELY PRIORTO ISSUANCEOFPERMIT DIVISION @ 28 34 ~1-----1---------------....
GENERALDE~CR IPTIQN QF v..rORK :bu i 1d ~
TYPE OF PERMIT concrete reta imnq wall for parking :3 1----+----------------1
~
the prlnlery.vall
.LEGAL LOT 4 BL ~
DESC.FILING Intennountain
JOB NAME :McGoldrick Parking
OWNER NAME David McGoldmck
•9920 E.GrandIMAILADDRESS,
Engl ewood ,CO PH.
,
CITY
ARCHITECT FIRM
MAIL ADDRESS
CITY PH.
FIRM Timber Wolf Enterprises
GENERAL
CONTRACTOR TOWNOFVAILREG.NO.193-B
TELE.
FIRM
ELECTRICAL
CONTRACTOR
TOWNOFVAILREG.NO .
TELE .
FIRM
PLUMBING TOWNOFVAILREG.NO .
CONTRACTOR
T ELE.
FIRM
MECHANICAL
CONTRACTOR
TOWNOFVAILREG .NO .
TELE .
OTHER FIRM DeMartin Excavating
TOWNOFVAILREG.NO .108-5
CONTRACTOR TELE.
,
Wor'f:I DATE ~...~
III III 16 /1.TYPEOF CONSTRUCTION
mmunity development 2.OCCUPANCYGROUP ABEHIR@ BUILD ING .A 9<"0 t.J !9-
DIVISION 2.34 z ELECTRICAL
ETELYPRIORTO ISSUANCE OF PERMIT a
GENERALDESCRIPTIONOFWORK :.10 /0'~PLUMBINGMITCON/C.J<dL #£4~N}<df·/I£i~:::>
--J-c
0 PLUMBING £)/i4:~>MECHAN ICAL
0 •FOUNDATION
L 0 TYPE GROUPG .R.FA VALUATION PERMITFEES
CI 'Z....-'JT'11f~1 CJ.s-OOBLK BU ILDING PERMIT '[)lJ.SO
"£..J£K "'Ott N hl.;.,PLAN CHECK ~O .~S-.
qot f"-I .»:~Pc-...t(/~-ELECTRICAL
j)LJ.",.~~,4,/./..,NEW()ALTERATION ()ADDITIONA L.(jj REPAIR ()PLUMBING --,
DRESS 9'72,I=f &J-<~DWELLING UNITS __ACCOMMODATI6 N UNITS __MECHANICAL -
"I
C_i;/h'VJ"r!~Il:HEIGHTIN FT .__NO.FIREPLACES R EC~TIBf4 FEE ---,
INSULATION:TYPE THICKNESS R-VALLUE DESIGN REVIEWBOARD I /0·0 0
FLOOR <A CLEAN·UP DEPOSIT /~~.CODRESS
'I f IiEXT.WALLS .A ,(0 a '00PH.USETAXIu.ROOF
z;.~v,(f EJ;~/ATYPEELEC.TOTALPERMITFEES :~-3 r»:»c:;-OFVA IL REG .NO .O F ;111 &iol {7£/.,,,-V ~y HEAT
SOLAR
"/~UIi.DING OFFICIAL ------DATE -----ADDITIONA L PERMITS NEEDED:t
s.!!INITIAI"I'7 _,,-_'_~;0--18-1:(3
OFVAILREG .NO .ST:CUT 1-•----;}zofjIifG ADMINI STRAT R '-DA TE----
BLASTiNG .A 1/1/ZONING &BUILDING NOTES:,j 1/PARKING
FVAI L REG .NO .\DEMO
"I hereby acknowledge that I havereadth is application ,filled out in full the information required ,
completed an accurate plot plan,and state that atl the information provided as required is correct.I
FVAILREGNO .agree to comply with the information and plot plan ,to comply with all Town ordinances andstate
laws ,andtobui ld this structu re according t o the
r
~i ng and subd iv ision codes ,design
I U:;.",/;b'/,,;.6 ('.
review approved .Un i form Bu ilding Code an ti o ther o rdina 7Pywn applicable theret o .
F VAIL REG.NO .SI ((NATURE O F OWNER OR CONTRACTOR FORH IMSELF
'I?,~S-/J y'A ND T HE OWNER.
LOT_
FILING
JOBNAME :
LECTRICAL
ONTRACTOR TOWN
TELE .
FIRM
FI RM
MAl!AD
ARCHITECT FIRM
OTHER FIRM
MAIL AD
OWNER
CITY
TELE.
CITY
TOWN0
CONTRAC TOR TE LE .
MECHANICAL
CONTRACTOR TOWN 0
TE LE.
GENERAL FIRM
CONTRACTOR TOWN
TOBE FILLED OUT COMPL
TYPEOF PER
[3'"BUILDINGoELECTRICALoMECHANICA
......p".'e""va,1
..
_____AM.PM
I ;-(d
eTION REQUEST
TOWN OFVAIL .
(..«:f---R j.-k 'J-
FRI
JOBNAME ~:!...:.-_..:..._:.._=..:..._=_____...!.~::..!:.....c..:::::_L~__+_--~tvJr;l
/I
READYFOR
LOCATION:---'3...~':="--~--~~~~7F-..!:.:....:=-------":"-":=:::""::"'~---------'------
DATE
BUILDING:
o FOOTINGS /STEEL
o FOUNDATION /STEEL _
o FRAMING
ROOF&SHEERoPLYWOODNAILING ---------
o INSULATION _
o SHEETROCK NAIL _
0 _
I
I'Q FINAL
PLUMBING:
o UNDERGROUND _
o ROUGH /D.W.V._
o ROUGH /WATER _
o GAS PIPING ._
o POOL /H.TUB _
0 _
o
o FINAL
ELECTRICAL:
o TEMP.POWER _
o ROUGH
o CONDUIT
0 _
o FINAL
o APPROVED
CORRECTIONS:
.-
~_g DISAPPROVED
/"
MECHANICAL:
o HEATING _
o EXHAUST HOODS _
o SUPPLY AIR
0 _
o FINAL
,/-,.~_8 REINSPECTION REQUIRED
DATE _---'-__--'-__-'---_INSPECTOR (_~~Z,_(
,/
READY FOR
LOCATION :
___---,----.AMPM¥k Y100'1
INSPECTION REQUEST
'vi.I?!(TOWN OFVA IL
JOB NAME I I/fc 'j_tLf d 1--(L;{
CALLER
IN SPECTION:MO NT UES W ED 0~FR I
2:0 ~S L-o.;fa:..s aU.r L-thY ~r 0
If j-z,.--/iJIIDATE
BUILDING:
o FOOTINGS /STEEL
XFOUNDATION /STEEL
o FRAMING
ROOF &SHEERoPLYWOODNAILING ---------
o INSULATION
o SHEETROCK NA IL _
0 _
o FINAL
PLUMBING:
o UNDERGROUND
o ROUGH /DW.V._
o ROUGH /WA TER _
o GAS PIPING _
o POOL /H .TUB _
0 _
o
o FINAL
ELECTRICAL:
o TEMP.POWER _
o ROUGH
o CONDUIT _
0 _
MECHANICAL:
o HEATING _
o EXHAUST HOODS
o SUPP LY AIR _
0 _
o FINAL
~P PR O V E D
CORRECTIONS:
o DISAPPROVED o REINSPECTION REQUIRED
DATE -L.~---=:'_-"'--!::-_I N S PE C T O R (~~»:
\
o
C
,
\.......
{
..---,
_____AM .,P M)
------•7"2.'00 •
o REINSPECTION REQUIRED
INSPECTION REQUEST'
J)I TOWN OF VAIL /~
"]f ("y (c.{dk-(;,'~i~.l v'-t1.,.J 'i
o
,,--.,
~FRI
CALLER
o DISAPPROVED
JOB NAME nlDATE
READYFOR INSPECTION :MONTUESWED
LOCATION:?-c."S;s L ()..rl<.'7r (A.Y L [L:.,..e..-
U ..(0<.~'---,
IEFFLDFNG'PLUMBING:p
FOOTINGS /STEEL o UNDERGROUND
o FOUNDATION /STEEL o ROUGH /D.W .V.
o FRAMING o ROUGH /WATER
ROOF &SHEER o GAS PIPINGoPLYWOODNAILING
o INSULATION o POOL /H .TUB
"',o SHEETROCK NAIL 0
0 0
o FINAL o FINAL
ELECTRICAL:MECHANICAL:
o TEMP.POWER o HEATING
o ROUGH o EXHAUST HOODS
o CONDUIT o SUPPLY AIR
0 0
DFIN;7"o FINAL
-"-r.&.0 :t\PPROVED
/CORRECTIONS:
(
DATE --,.C-:....LL.=------=---...£:...--
1983
locate
Design Review Board
Town of Vail
Vail,Colorado 8 1657
He I Cons tr-uc ·ti1)~kin
-lrl:"6Ck 2,Intermoun tain('~emenl~:~ea Se~e-adV i~t hat upon completion of the retaining
wall we have de finite plans to ere ct a6 foot timber wall
in front of the concrete for the purpose of having a plant er
for seasonal flowers and shrubs in order to enhance the
overall appe arance.This timb er wall will be completed
on or b efore June 1,1984.
Very truly yo urs,
~1j771JJJ1d U
David T.McGoldrick
p ~C //cJyI~,-uk~
Nancy C.~C GOldrick
011'8
NOTE -COPYOFPERMITTO BE KEPTON JOBSITE
DATE C;--ZY-!2 U b
PERMIT NO,
1.TYPEOFCONSTRUCTION IIIIII IV V
2.OCCUPANCYGROUP ABEHIRM BUILDING 500
DIVISION 122a34 z ELECTRICAL0
GENERALDESCRIPTIONOF WORK:l-
e(PLUMBING
construction of deck and roofover ::J
--'e(
MECHANICALdeck>
TYPE GROUP SQ.FT.VALUATION PERMITFEES
V R-3 500 BUILDING PERMIT 10.00
PLANCHECK 5.00
ELECTRICAL
NEW()ALTERATION (A)ADDITIONAL ()REPAIR()PLUMBING
DWELLINGUNITS __ACCOMMODATIONUNITS MECHANICAL ~J.
GR.F.A.__BEDROOMS RECREATION FEE
{>o.Jfl
--a~COMMERCIALSYST __COVEREDPARKING DESIGNREVIEWBOARD 10.00
HEIGHT INFT.__UNCOVEREDPARKING CLEAN ·UP DEPOSIT -It
NOFIREPLACES --USE TAX &~
INSULATION ~TOTAL PERMnEES $25.00TYPETHICKNESSR·VALUE
FLOOR 17TT1IJ.LnJ(J;A._~~Z,___
EXT.WALLS
BUI 1'lING'OFFICIAL
~ONING ADMINISTRATOR -
--------ROOF DATE
HEAT ZONING &BUILDING NOTES:
doesnot include retaining wallor parki ~ELEC:GAS:
SOLAR:WOOD :
I hereby acknowledge that Ihaveread this application,filled out in full the information required,
completed an accurate plot plan,andstate that allthe information provided as required is correct.I
agree to comply with the information and plot plan,to comply with all Town ordinances andstate
laws,andto build th is structure according tothe Town 's zoning and subdivision codes,d esign
review approve.d ,Uniform Building Codeand other o':?7/7Z a:Plicable thereto.
SIGP'fATURE OF OWNER OR CONTRACTOR FOR HIMSELF
AND THE OWNER.
o PLUMBINGoFOUNDATIONo
·~-:":'~7"CONSTRUCTION PERMIT
.>
towo 0 val
department of community development
TOBE FILLED OUT COMPLETELY PRIOR TO ISSUANCE OF PERMIT
TYPEOFPERMIT
M BUILDINGtJELECTRICALoMECHANICAL
~GAL LOT it IilLK J
,ESC,FILING I~..Y <t f/;,..:.nrA"",--1M ,
JOBNAME :McGoldrick Deck Remodel
OWNER NAME
MAil ADDRESS
CITY PH .
ARCHITECT FIRM
MAILADPRESS
CITY PH .
GENERAL FIRM Timberwolf Ent.
CONTRACTOR TOWN OF VAIL REG .NO .
TELE.
FIRM
ECTRICAL
ONTRACTOR TOWN OF VAIL REG.NO .
TELE.
FIRM
PLUMBING
TOWN OF VAIL REG.NO .CONTRACTOR
TELE.
FIRM
MECHANICAL
CONTRACTOR TOWN OF VAIL REG.NO.
TELE.
OTHER FIRM
TOWN OF VAIL REG .NO .
CONTRACTOR TELE.
lhlt prlnlery lvall
DATE It)/d.o~>
I /
BUILDING:
o FOOTINGS /STEEL
D/OUNDATION /STEEL _
'R FRAMING
ROOF &SHEERoPLYWOODNAILING ---------
o INSU LAT ION _
o SHEETROCK NAIL _
0 _
o FINAL
ELECTRICAL:
o TEMP.POWER _
o ROUGH _
o CONDUIT
0 _
D~f~L _
_____®PM
PLUMBING:
o UND ERGROUND _
o ROUG H/D .W.V._
o ROUGH /WATER _
o GAS PIPING _
o POO L/H .TU B _
0 _
o
o FINAL
MECHANICAL:
o HEA TING _
o EXHAUST HOODS _
o SUPPLY AIR _
0 _
o FI NAL
~O V E D
CORRECTIONS:
DATE /2---Z(~/Z----
o DISAPPROVED o REINSPECTION REQ UIRED
----._.~,.-.".."",
,.'
I
\.
PLAN NI NG AND ENVIR Oi U·I EN TAL CO ~II '1ISSION
Sept ember 27,193 2
3 :00 pm
PRESENT
Dan Corco ran
Diana Donovan
Duane Piper
Hill Trout
PRESE NT FOR SITEI NSPECTIONS
Co rcoran
Donovan
Pi per
ABSENT
~'or ga n
Viele
Edwards
STAFF PRESENT
Peter Pa tten
Dick Ryan '
Peter Jamar
J im Sayre
Lar ry Es kwi t h
Bet syRosol ack
COUHCIL REP
Ron Todd
The mee~ing was called to order by Dan Corcoran ,cha irma n .
The minutes of
th em t o r ead:
of Cy rano I s on
t he meeting of September 13,1 982were di scuss e d,andDiana corrected
"bec ause of past documented actio n ofMr.Par ks"t o her d iscus si on
page2 of the minu tes..
Donovan move d an d Trout s econded to approve the minutes as corrected .Vo te 4 -0.
Patt e n stated t hat sin cet he f irsttwo i temsont he agendadeal t with parking
on TOI'm of Va il r iq ht-of -way,hewish ed to ha ve Larry Eskwitht a lk with the me mbers
before discuss ing the items.
Eskwith.s ai d that the genera l vie w is that a butting property ow ner's cannot use the
pUb lic right -of-way for th eir exclusive parking,that the PE C did not have th e
pow er to a llow anyone this ri ght,and that this was not a vari ance proced ure .
He ad ded that this rig ht c ould only begi ven by the Town Counci l.
Patten th en stated that the PEC wouldneeda ssurancesbyboth Breakaway We st a nd
~1cGol dricks that th ey would not restrict th ei rpark i nqspac e s,but t hat they woul d
all owanyon e to park i n the space s that were on or parti ally on Town of Vail
pro pe rty.~~ith mo re ques t i on in q,Esk wit h s aid t hat rest r icted parking was a l l owc d
onpr ivate property p roviding it ~IaS posted toco mp ly wi tb town statutes.
Aftermore d i scuss i on,it wasdecided Brea kaw ay \~e st shou ld go fi r s tto Cou nci l,
th en to PEC,but th at th e 11cGol d rick requ estco uldbe consid ered .The fo1c Gol dr ic ks
werenot r equesting the exc lus ive useof pa rkingon the Town right-of -way,wl lile
.Breakaway Hest was.
"
PE ~~9/27/82
\..
1 .Reques.!..Jor ~variance to the parking regulation to con3truct parkin..9-.f0I'
~~lex which-:10uld encroach into Jown of Vail l~ght -of-way located o~
lot4,Blo ck 2,Intermountain subiai'lision.flppncants:Dave &Nancy 1'lcGoldrick
Peter Jamar showed the site plan a nd explained that there Were at present 5 parking
spaces which currently encroached upon Town of Vail right-of-way.
.John Perkins,arc hitect for the project,stated that he could see no problem
c hanging the wa ll to make it two o r three smaller walls,though it wou ld be
more expensive .Ron Todd pointed out that ade fac to variance wa s already given to
the IkGoldricks--it was a non-conforming use--the request making it less non-conforming
Discussion of moving the parking s paces centered upon the fact t hat they would
b e made le ss non-conform ing andwould reduce the congestion of t he street.
Eskw i th iexpla i ned that the County had given the appl icant the park ing rights
f or the 5 existing spaces,b ut that the PE Cc ould not grant two additional spaces.
Perkins a sked t oremov et he reque st fo r the two addi tional s pac es .
Donovan mov ed an d Trout secondedt o approve the c ons truction of a mu lti -level wa ll
wit hin the f ront setba ck a rea,eac h le vel not to b eove r 6 feet h igh,a nd to approve
t he park ing wit ha max imum of 5 spaces t oenc roa chu pon the pub li cr i ght -of-way
f or lo t 4,Bl ock2,Int ermount ain.The vote was3i n fa vor,0 a gainst,with
Corcorana bsta ining.
2 .Two variance requ e~ts for Breakaway West to move the existing parking spaces
along..J:.ionsridge Loop partial ly onto their 01'111 property.Appl icant:Breakaway .
West Condominiu m Owners 'Asociation
After more discussion concern ing wheth er or not Breakaway West should first go
t o the Council,Piper movedand Donovari second ed to table this item unti l the next
PEC meeting after th e appl ican t has'been to the Council meeting .Votewas 4 -0
in favor of tabling .(See discussion at the beginn ing 'o f .the meetin g.)
3 .Request for a s etback var iance to e xtend a sin
9 inches into t he north (front setb ack on lot
Applicant :David Lawrence Irwin .
Corcorand isqualified himself f rom the meet ing temporari ly and turned the c hair
over to Piper .JimSayre showed the site plan and survey.He reviewed the me mo
a nde xp la i nedt hatin August the TOI'IIl had received more geological infor mati on
f rom LincolnDeVore.
J ayPe terso n,repl'esenting 'Irw in,s tated that he d id not agr ee with the staff's
d escription of the prob lem,and f e lt t hat the staff had not done a fair job .He
adde dth at he f elt that I rwin had b eel!punished byt he press .Pet er son
respo nded to "The relat ions hip of th e r eque sted var iance to othe r ex i s t i nq 01'
potential uses i nt he vicin ity"by stat ing that th e r e were f el'l projects th at wer-e
notin the front setb ack in th e area."The dcqree to wh i ch rel i ef from the
s trict or 1 iteral interpretat ion and enforc em ent of asp ecified r egulation is
nece ss ary toa chie ve c om pa t ib i l i ty and uni f ormity a mong sites in t he vicinity
or to attain the obj ec tiv es of t h is title wi t hout grant of s pecial privil ege"
.lay r ead a nd re sponded by ..r epe a ti ng th e f act th at t here were man y oth er buil d inqs in
th e fron t setback in th e neigh bo rhood.lieadd ed·th at th e ho use wasin th e bes tTocat to n
PEC -3-9/27/8 2e(
and that as many trees as possibl e wer esa ved.He f elt th at the central is sue
was not as stat ed in the memo,but was th e criteria s et forth in the ordinanc e.
(Peterson read letters from surrounding prop ertyowners who did not object t o the
\.plac ement of theErw in house.Under "Fi ndin gs"he stated th at since so many
of th e neighbor ing buildings were in fro nt setbac ks,it was not a gl~ant of special
privilege,that the varianc e was warre nt ed for all th ree rea sons li sted in the
me mo.and as ked that th e varia nce be gra nt ed.
Corcoran,speaking as part of the audi enc e,pointed out th at a precedent would
not be set byg r anting th e variance,a s eac hr equest is con sidered onaca se by
case bas is.He em pas i ze d that he felt strong ly t hat the me thod used waswr ong,
but that the letters of the nei ghbors sh ouldbe t aken into a ccount.
.~,
Piper requested further s peakers'com ments be specific to the matter at han d.
~~rie Claire Veer s,aneighbor felt the re quest should be treated as a var iance
req ue st.Irwin apolo gized to the PEC f or hi s fo r gery of th e surv ey.Trou t asked
tos eet he locations of the other pro perties that were also int he f ro nt s etback.
Donov an stated that s hewasont he OR B wh en this house ca me in,andf elt at t hat
ti me if the survey hadbeen correct,it c ouldhavebe en de si gned to fit within
the s etbacks.She felt that it was appro pr i a te to con sider this a ppl icati on a s
anew application with ,no building existillg on the site,that no trc es should
beunneces sa rily remove d,but there were ma ny more th an 4t re es in ba ck.Donovan
add ed that c ro wd ing of the street mustb e pre ventedd ue to park ing problems a nd
sno w r emoval as they r el ate to public sa fe ty.Shef elt th at the hou se cou ld have
be en de si gned to mi ss the trees and st ill r e ta in the slo pe if the survey pre sented
to ORB hadbeen correct and the problem addres sed,andin fact th e accuracy of the
front setback wasque stioned on th e ORB site visit.Donov anpo inted out that th e
hardship wa s s elf i mp osed for wh i chs he c ou l d -not giv e avari ance.
Trout asked if the TOI'II1 had requ e st ed th e De Vo re re port,and Say re repl ied t hat
they had.He add ed th at it I'Ia S a fairly sp eculative letter,wi t hout much detail.
Trout pointed ou t that the letter mention ed that the cutting or further cuttin g
of th e slope ma y reduce slope stability on this and adjac ent lots.Sayre r eplied
that o ne could build on me tas tab le slopes wit h proper engi nee ring and pro per
si teplanning.Ste vePat terson,Building Offi cial fo r th e Town,state d tha t i n
h is o pinion,DeV o re's let ter was ta lking a bout generalco ndi ti ons,b ut was not s ite
sp ec ific,a nde veni f it we re si te s pec ifi c we would have to ask f or fur t her geotec h-
nical s tud ie s a st he t own ha s doneinac ou ple of oth er in stance s.
Patt en pointed out th at bec ause there ares ome pro per ti es in the neigllborhood that
arenonconf'orminq was not ar e ason to g ranta variance to thi s p roperty.Pip er sta te d
th at s oil s ta b il i t y was nota har dship ,si nce a s t ructure c ould be d esi gnedwith
prop er co ns truc t ion,He wasplea sed that trees had been sa ved,bu t poin tedou t t hat
the re ta ining wall ha d s u rel ys ever ed ro ots of severe l trees now standing.Pi per
felt that th e impact to the neighborhood wa s mini mal.
Patten s t ated t hat til C board must tre at th is req uest as thoug ll t he house were n't
t her e,then l ook at t hevar i ance c r ite ri a.
PEC -4-e (<32
Trout felt that it was difficult to state the issue as though the house wore not
there,·and that except for the circumstances under wh icll it hap pened,he supported
a varianc e.
Jay Peterson stated that in order for the house foundation to bea -reta in in q wa ll,
onewould have to dig four feet deeper,andgo back another four feet,in addition
to hav ing a steeper dri voway ,Pa tterson sa id tha t severe 1 months ago hewouldhave
agreed with Jay,but since beginning the 1 ibr -ary building had seen other ways of
construction.
Trout movedand Piper seconded to approve the front setb ack on lot 45,Vail Village
West #2,reading the following findings:That the granting of th e variance would
not constitute a grant of special privilege i nconsistent with the limitation on other
properties classif ied in the same district,th at the granting of the variance would
not be detrimental to the publ ic health,safety or welfare,or ma teria ll y injurious
to properties or improve ments in the vicinity,and that the variance waswarranted
because the strict or literal interpretation and enforcement of the specifi ed regulati on
woul d depri ve 'the app1i cant of pri vi1eges enjoyed by the own er-s of other pro perties
i n the same district.
The vote was 2 in favor and1 (Donovan)aga inst,with Corcoran disqual ifi ed as stated
earlier.
Trout stated that it should be pointed out that t he staff did e xactly what th ey are
directed to doin their job,and that they had presented their infol'lllation in an
objective way,and Pipe r agreed andadd ed th at the board cou ld then explore the g ray
areas.
4.Request for a m2n dments to the municiJ~al cod e to revise sub mittal regul at ion s
for outdoor d isplay and outdoor vending.~pplicant:Town "of Vail
Peter Ja mar e xplained the chang es that had taken place since the la st meeting.After
fu~ther explallation and discussion,Trout moved and Dono van secon ded to appr ove the
reco m:nendation to Council for the a mendments.The vote was 4-0 in favor.
Trout movedandDonovan secolld ed that Donovanbe appointed to th~ORB board f or
Octob er,.Nove nber andDecemb er.The vote was 4-0.
Discu s sion f'ollowed co nc ernin g the ch anged fo rmat which I~as u sed a t this meeting .
Patten stated th at he had felt frustr ate d,be ca use hec ouldn't r efu te so nleof the
false allegations mad e,and be causeth e PEe s ta ted their f eel in gs b efore th e
staff hadhada chance to hav e so me feedback,some rebutta l.That it was important
that the board not t ake at fac e value statemen tsmadeby the appl t cant .Pi p"l'po in trd
out th at th ey reall y \'/el~en't f o ll owtnq th e f ormat.Corcoran fe lt that each p e r-son
should haveacha nce at rebuttal at s o me point.
PlanningandEnvironmental Co mmission
September 27,1982
1:15 pm Site Inspections
3:00 pm Public Hearing
Approval ofminutesofmeetingofSeptember13,1982.
1.Request for a variance to the parking regulation to construct parking
,for aduplex which would encroach into Town ofVail right-of-way located
on lot 4,block2,Intermountain subdivision.Applicants:Dave and
Nancy IkGoldrick -
2.Two variance requests for Breakaway West to move the existing parkinq
spacesalong Lionsridge Loop partially onto their own property.
Applicant:Breakway West Condominium Owners'Association
3.Request for a setback variance toextenda single family dwelling 8 feet
9inches into the north (front)setback on lot 45,Vail Village West
Filing #2.Applicant:David Lawrence Irwin
4.Request for amend ments tothe municipalcodeto revise submittal regulations
for outdoor display and outdoor vending.Applicant:Town ofVail
t
•
r~Ef-i OR :\;!!JU~'l
TO :Pl anning a nd Environmenta l Co::::ni ss io n
FRor'i:Dep a r tme n t of Commun i ty De ve 1opne n t
DATE :Sept ember 23,1 982
SU llJ ECT:Reque st for va ria nces to all o:..:pa rking t oen croach upon the pub li c
righ t -of -\'Iay and to con struct a wa l l wi th tn t he fro nt s etback i n
excess of t hr ee f eet in hei ght o n l o t 4,81 0ck 2 ,Va i I In ter mount ai n
Sub di vision.Appl i cant s:Da ve and Na ncy HcGo ld r ick
DESCRI PTIONOF VARIA NCE SREQUES TED
Thea ppl iean ts p ropo se to move5e x i st i nq park i nq spa ces wh ich a loe cu rrcnt ly a lncs t
e ntirelyupon th e ri ght of wa y of Lar ksp ur Lanef urther ba ckon to thei r p ro ~e r ~
i n a t")attempt t o rel ieve a con ges t-ive si t uati ona l ong Lar ks pur Lane .The appl i ca n ts
a lso wish to a dd t wo addition al spa ce st o the nor th of t he existing sp aces.(See "
at tached s ite pl a n.)The zo ning co de s t ates t hat par k i nqs pac es "sh all not enc r o ac h
onanypu bl ic r ight of I~a y ."The movemento f the spa ces furth er onto t hel ot al s o
i nvolvest hec o n structi on of a ne wr e tainingwa ll t o support the pa rk i ng a re a since
t he l e ve l of th e street is app roxima te ly 12 '-15 'ab ove t he l ot.Thezo nin gc ode
pro h-i b t t s thacc ns t ruct ton of r e tain ing wa l l s i n exc e ss of 3 fe et in h e igh t wi th in
t he f r ont setbac k or i n ex cess of 6 fee t in he ight o n any por -t ion of a lot.The
'heig ht of the wal l i s propo sed to b eap prox i mately 1 2 f eet hi gh.
CRITE RIA AND F I ND INGS
URon revi ew of Cr iter i a i'nd .r il:!":Li]!..9.?}_~~t ion 18.6 ~9§0 of t he r"un ici pal Code,
theDepar tment of C O :J~m u n ity Developme nt recoffi"ucilds aQJwova l of t h~reques ted var ia nces
ba sed u~o n t he f o ll o~ling fac:to r s:
Co nsi d e l'ution of Factor s
Th ~e}a tion sh i p o f the.!:e51.!:!.E3 sted var ia nce to o th el'e x i st i n (t ...Q!.:_~en t i al u ses
and s t.ruc tur a s in the vi c1nit.>:,.
Themovement of the par k i n;s pa ce s fur th er o nto th e lo t will de f i ni telyhave a
posi tive i mpact u pon the r oadway an d a dj ac e nt structure s by rodu ctn qcon gestion
al ong t he st ree t.The pa rk ing wi l l st i ll par t ia ll yp ro j ect o nt o t he ri ght o f wa y
but 1~i11 beou t of the 'traff ic fl ow i nto wh i ch i t cu r -r ent ly p ro jects .\·Je d o no t,
h owe ver ,s uppor t the addit ion of t he b 'IO n CI'1 s paces propos ed.\'!e fee l t hat ail-
i mprovemen t oft he exis ting s i tuati on i sabe nefit to t he s i t e a ndsu rr ound i nq
s tr uctures,but that th e twop ro posed a dd it ional sp a ces on ly a dd t o wh a t was a
poor si te plan to b egin wit h .
The hei ght of the wa ll i n t h i s locati on is vi r tu all y necessa ry to su ppor t t hepa rk ing
area .The sta ff be li eves,hove ve r,t hat it wou l dbe pos s ib l et oi nclude a sma lle r
wa ll as apl arrte r in fr ont of t he p ro posed 1':<111 t ohalp s cre en a nd 'les se n the impac t
to ad j ac ent p ropcr t ies .Othe::pr op erti cs wit hi n t he same vic in ity havo ut i 1 i zcd
..
f1c Co:el l'i ck 'J-t.-9/2 2/82
t h is t echu i quo s ucc c ss ful l y ,a nd I':e f e el that it could be used i n t hi s l oc a ti on
without i.J(~in 9 a hi nderance t o s now romova l .
Th e Gc gl'CcC to wh i chr e li ef fr om the strict or 1 i tera l in t ~r c t;lti on a nd c nf or c:c;n:cnt-----·-------r ---------------.-----.-'.-.-------.-,---------of a S OQCl f i e dr eoul n t i on i s nec ess ary to a ch i ev e co mp atibi l i t Y,a nd unif .o.r:nity
.-----,L ..-------·--·--··----~·-71 ------,--.-----------.-.----------'--.~i::_:tE~~':!~::n t am..on ~'_s it e_s in tne v ic in ity or t o jtta in t he o bje c_t iv~.?~U l1 S tit l~
~,I 1t b o u t .Stl'a n t of sp eci al p r i v il e~.
Th e p ropo se d pa rk i ng va ri ance wi ll be ad ef inite i mprove me n t t ot he s itebyp r om ot ing
g reater-safety a lon qt he roadwa yan d by p rovidin g a more lIOrkab le re lati onship
be t waen th e sit e andvth e ro ad .He are no t r ec ommending th at th e twoad di ti ona l
sp ac es b e a d de d.
The top ograrhy oft he l ot a nd th e l oc ation of t he e x i st ings t ruc ture upo n t he s ite
wouldmake it d i ff ic ult to i mpro veupo n the existi ng pa rking situa t ion wit hout
c o nst ructing a wa l l o r wa l ls in excess of th r ee f eet i n he igh t.The intent of
t here gu l a t i ons reg ard ing wa ll he ights i st o minillli ze th e 'visua lil il pac t upon a djacent
pro per t tes .The s ite and th e pr op osed wa ll a re v is i i.J l e to the ne ighbo ri n g ho uses
a nd c ond omi niumsan ds ho uldbe treated i n so me I'lay to l es s e n it sv i s i b i l i ty .The
s taff r econmends t hat a var -ian ce b e granted t o a l low the 1 2 f oot hi gh wa l l t.o be
c on st ruct ed i n t wo 6 foot s tep sso th atplan t ing coul d be pro v i ded wi thtn the ar ea
between the tw o ste psa taheight of 6f e et a bove grade .
The eff ec t of th e r equested var i anceon l i _gJ~L ~n cl a ir,di s tribu ti on of p o~l ct tion ,
t r an ~p b rt i.l :i o n and t ra ff 'ic fil eil Hi es,pub i ic faci l iti esand u tHi ~ie s ,and---puE l ic
safety .
Themovement of th e 'e xi st ing parki ng fu r th er onto th e l ot \'I i 11 pro vid e for grea te r
sa fe ty a nd 'ease of s nowpl owi nqa l ongLarkspur.Lane .
Suchother f iletor s a nd cr i ter ia as th ec ommiss i on dee msJ!.Qpli cab lc to the .E..r opos c d
var iiln'c e.
F IND I NGS ;
The Pl ann i n(J an d Env i r -onmentn l Com:11ission shi'\ll make the foll ol'ling fin din gs ..!?~i o re
g ran1Tn 9 a va I'i ance ;
That t heg rant ingo f th e var-Iance wi ll no t const itute a q r ant of s pe c ia l pr i v i l eqe
i ncons i st e ll t witht hel imita tions ono the r propert ie sc l a ssi f ied int he sa me d i str ict .
Tha t th e g ran ting of th e vari ance wi l l not b e d ct.r l men te l to th e pub lic h e alth,
sa fe ty ,or wel f are ,o r na t c r ia Tly i n ju ri ous t o pr epc r t i es o r i mprovementsi n t he
vi c inity .
Th at t he var -i a nce i s wa rrant cc f or one or mo re o f th e f o 11 ol'li ng l-ea s on s ;
Th e st ri cto r 1 itel'a l i nt .er-pr-e ta t i ona nd e nrorc em e nt of th es pec i f i edr egu l a t ion
ikCo'1 d ri ck -3 -9/22/82
wo ul c rcs ul t in prac ti c e ld i f f i cul ty or u nneces sary phys t ca l hards h i p iuc on -
s istentwith t he ob jec tives o f t hi s Lit l e .
Thes trict or 1 t t cra l in terpretation an d onf'u rcemcrrt of t he spec if ied n~ju l dt i ol l
wau l cJ deprive the a ppl f ca nt of priv i l egos enjoyed by th e minors or other
pro pcrt ie s i n t he s a me d i s t r ict .
STAF F R ECO r·'~i E rmATI O ~~S:
TheDep artmen t of Comman ity Develo pment staff r econmen dsap proval of a ll ()~'l j:l g
th e ex i st ing park in q to be moved furth er on to th e l o t,b ut encr oach a s ma ll amo unt
on t o the r i qh t of way as p ro posed .He d o no t r cconmenda pp ro valo f t he t\:o nol'/
sp aces .\,Ie a lso reco nmend th at avari ance he gra nted t o a l l ow c.wa ll i nexces s
of thr ee f eet in t he f ro nt se tback,b ut not at .th e he ig ht o f1 2 feet as rcques tc d .
\'Ie re conmand t hat a second wa ll beco ns t ructcd to f'orma plan ter inf ro nt of th e
na i n \'/0.11 .This wa ll shoul d not exceed s ixf eet in h e ight.There f or -e ,t he expo sed
portion of either wa ll will no t bein excess of s ix f eet in hei g ht .
I
PROPERTY OWNERS ADJACENT TO
DAVE &NANCY MCGOLDRICK
on Lot 4 Block 2 Intermountain Subdivision
Lot 3 Block 2
Charles E.Johnsos
Box 1686
Vail,Colorado 81658
Lot 6 Block 2
Ron L.Larson
2655 Juniper Ave.
Boulder,Colorado 80302
Lob 5 Block 1
Byron Hoyle
5125 Kel-Gor ~ane 1
Vail,Colorado 8165$
Lot 6 Block 1
Charles F.Selb
Box 431
Minturn,Colorado 81645
Lot 7 Block 2
Albert &Ilene Friedman
2400 Lakeview Apt.2105
Chicago,Illinois 60614
,
;
J
.r,
town of vai
box 100
vail,colorado 81657
(303)476·5613
September 20,1982
Dave r~cGo 1dri ck
9920 E.Grand Ave.
Englewood,Colorado 80011
Dear Mr.McGoldrick:
department of community development
RE:ORB Submittal of9-15-82
On Septe mber 2,19 82 the Des ign Review Board approvedyourdec k and
roof renovatio ns.
Si ncerely,
jV-cJ~~
J.rn,Sayre
Town Planner
JS:df
.-======--
l ,pplication 1 9.82_~
APPLICl\'l'ION F ORi-!F OR A VhRIl,NCE
I.Thi s procedure i s requi red fo r any project requ e sting a Variance.
'I'h e applica t ion w.i L l,n ot be a ccepted u ntil all information is s ubmi t ted .
F-..NAME OF APPL ICANT Dave &Nancy McGo l d~r~i~c~k~_
I~DD RESS 9 920 E.Grande Ave .E nglewoo dCo 8 00 11 PHONE 77 1-83 87
B .NI~1E OF APPLI CANT'S REPRESENTATIVE
ADDRESS Box 2 66Vai l,Color a do PHONE 476 -35 15
;;r Olive m0e>/n~
PHONE 77 1 8 38 7ADDm~SS-b-",--=::u..u.....L..,~.Grand Ave E ng'ew ood Co 8001 1
C .
D .LOCA'l'ION OF P ROPOSIlL
l'.DDRESS 26 55 L arksQur Lane~Yai.~l~,~C~o~l~o~r~a~d~oL-._
LEG.V,DES CRIPT ION lot 4 b lock 2-=----Filing l nt~rmtn .S ubdi vi sion
FEE .$100 .00 plus an amount equal toth e then current f.i.rs r-c I as s postage
rate f or each property owner to be notified hcrcunder ,
A list of t he names of o wners of all proper ty ad jacent to th e
subject proper ty and their addre ss es.
STATEMENT OF VARIANCE REQ UEST
Applic ant requests relief from T .O.V.Zoning
Ordinanc e#18 .52.080A ,P ark in g Standards .
Moving th e parkin g spaces e nti re ly onto t he
app l icant 's property require s a n u ndue h ar d-
ship r el a tive to snow stora g e that will po -
t en t iall y bu ild u p against the ex i sting
struc tu r e .Hoving th e s paces 10 '-0"into the
property relie ves a c on gest i ve situation a long
L ark spur Lane .The a ppl ic ant wi shes to prov ide
7p arkin g space s,which i sa n addition to t he
n UDb e rr eq ui r ed by present zon in g .
·'I lpp 1Lc .t t .i.....·,,~
'j "L C:.\..19-82 ·_.
APPLI Cl\.'l'ION FOrJ.l F OR I,VI,In l>l~C E
I.TIl is pr o ~cdu re is requi red f or a ny proj ect re que sting d Va ri an ce .
Th e app licat i on \.;111 no t be acce pted u ntil a ll i )lf (J:;.~mrd.:ion is submitted.
A .NANE OF APPLICAN T Dave &Nan cy McGoldri cl~
l \.DD FESS 9 920 E.Grande Av e .Engl ewood Co 80011 P HO:'~L 771 -8387
ADD~~SS Box 266 Vail ,Co lor ado
C.AU'I'l!OIUZA'l'ION OF P ROPERTY m ;;-m[{
PHON E 4 76-3515
SIGNArrURE :/
ADD 8~SS
)}a ~;/7'$~~rAttL..~Cj(~eik&--<---A7'-'r-rf-L
9920 F ..Gr ape]~"e 'hu g]"'''D od Co-BOQ1 J PIIONE_nJ 8387
D .LOC A 'l'ION OF PROPOSl\.L
ADDRBS S 2 655 L ar kso ur La ne.Va il,C o lora~a~lo~__
\
\
L EGL L DESCR IPT ION lot_-=4 bloc;~-2 Filing Intermtn .Sub di vis ion
E .?EE.$1 0 0.00 plus an amou nt;equal to t he then c u r r e nt f irst-c lass po stage
rat ef or each prope rty O~TI c r to be n Qtificd herclli,de r.
F ..l\Li.s t;o ft he riame s of ow n ers of all prope rty a dj acent to t he
subj ect prop erty a ndt heir addre ss es.
/98:2.20,
G/'.;)~A'Ye.•
C6.l!lI!fJ 8001/77/-8%87
Ehkms /lid7
Vail Co 8/(1;,57 476-55/:5
I
frnfl"movnfQ>'n,Z one st6:7'fvi.s /()i
over dec~m &/fy/..j-/~
Project Application
e>etr-no'tJl?
prC;,6/em
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caqleibood.
_10/;0 /l7,
80><2~
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RO.
O wner ,A ddressan dPh one :------<--<-.=...:=--__-=-__.=..:....=:LC::.!..-_L..L-L.Io<-O,-_
Pr oject Name:lllo0n/dock &S"~n:::.q
P roject D escription :dPC'~add;/ton
Contact Personan d Ph one 4/2f Kit::Ii?,
(f7~-3/54)
L egal Description :L ot _~=----~Block _~'---_Filing
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DesignReviewBoard
D ate ---'-I---'---=--...,t----
Motionby:---rr-~-=--L~~----
S econdedby:----==------7~-,-L.L..-==----
D ISAPPROVAL
----------=->+'-==--'-=-lCJc:='=-""'e:...-_
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o S tafl Approval
D ate :-¥-_......L-+--'----':=:::.......",=--_
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.••.•••-_..-"'---'-_••-_.->•._---••_.••..•._••_.-------'.,_••..•
'/l'r ("!";:;lIi~i n fo rr.a t i o r:i.n.'q ll;r .,,1 for ::lIiJr ,i:.·1.al l,y i L l'"1'1'1;I":II1 [1.0 t he Il c:;;!:11 I:"vi:.;·:
lll:lI'd 1>(":l),."a fi.n.r l :lPP)"()V:I!C;III I",l;ivclI:
Sid in g
Ot ller ~a l l Ma t erials
-----._-------
/:2
-------
Fa sc ia
Soffit s
l'I ind o;·:s
Wintl ow Trim
Door s .--------------_..
DoorTrim ---.----------
Hane!0 "Deck Rails
Fl ues
Flashi ngs
C.hi mneys
Trash Ell ~los ur cs
Other
------_.--.--
B.LANDSCAPI NG
Na me of Des igner :
Pho ne
PL ANT ~lAT ER IALS
Botanical Nam e Common Name Quantity Size
TREES
SHR UGS
I '
•f
r e TABLE OF CONTENTS r e~.FOR
DECLARATIO NS OF COV ENANTS,CONDITIONS'A ND RESTRICTIONS
FOR
2625 LARKSPUR CONDOMINIUM
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
DEFINITIONS
MAP
DIVISION INTO UNITS
LIMITED COMMON ELE MENTS
INSEPARABILITY OF A CONDOMINIUM UNIT
DESCRIPTION OF A CONDOMINIUM UNIT
NO PARTITION
SEPAR ATE TA XATION
TITLE
CERTAIN WORK PROHIBITED
LIENS AGAINST CONDOMINIUM UNITS--REMOVAL FROM
LIEN--EFFECT OF PART PAYMENT
USE AND OCCUPANCY OF UNITS
USE OF GENERAL AND LIMITED COMMON ELEMENTS
VARIOUS RIGHTS AND EASEMENTS
OWNER'S MAINTENANCE RESPONSIBILITY
COMPLIANCE WITH PROVISIONS OF DECLARATION,ARTICLES
AND BYLAWS OF THE ASSOCIATION
THE ASSOCIATION
CERTAIN RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
ASSESSMENT FOR COMMON EXPENSES
ASSESSME NT RESERVES
ADDITIONS,ALTERATIONS AND H1PROVEMENTS -GENERAL
AND LIMITED CO MMON ELEMENTS
INSURANCE
LIEN FOR NO N-PAYMENT OF COMMON EXPENSES
.OWNER'S OBLIGATIONS FOR PAYMENT OF ASSESSMENTS
LIABILITY FOR COMMON EXPE NSES UPON TRANSFER OF
CONDOMINIUM UNIT ISJOINT
MORTGAGING A CONDOMINIUM UNIT -PRIORITY
RESTRICTIVE COVENANTS AND OBLIGATIONS
ASSOCIATIO N AS ATTORNEY-IN-F ACT -DAMAGE AND
DESTRUCTION -OBSOLESCENCE
CONDEf.1NDATION
SALE AND CONSTRUCTION FACILITIES AND
ACTIVITIES OF DECLARANT
RECREATIO NAL FACILITIES
MISCELLANEOUS
CO NSENT OF LENDER
Page
1
3
4
4
4
4
5
5
5
5,6
6
6
6
6,7,8
8
8
9
9,10,11
11,12
12
12
12,13,14
14,15,16
16
16,17
17
17,18
19-22
22,23
23
23
23-27
28
,
I
I
\
I
f "","••'I ',.'
(e
DECLARATIONS OF COVENANTS,CONDITIONS AND
RESTRICTIONS OF 2625 LARKSPUR CONDOHINIUN
THIS DECLARATION is made and entered in to by James B.
Hayhurst,Judith E.Hayhurst,Deane F.Sargent,Cora J.Sargent,
and William K.Roudebush,hereinafter together referred to as the
"Declarant";
WITNESSETH:
WHEREAS,Declarant is the owner of the real property situate
in the County of Eagle,State of Colorado which is described as:
Lot 1,Block 2,Vail Intermountain Development SUbdivision,
according to the recorded plat thereof,County of Eagle,
State of Colorado,hereinafter referred to as the "Property":
and,
WHEREAS,Declarant does hereby establish a plan for the
separate fee simple ownership of real property estates consisting of
the Units,as hereinafter defined,in the building improveQents on
the Property and the co-ownership by the individual and the separate
owners thereof,as tenants in COQIDon,of all of the remaining
portions of the Property,which is hereinafter defined and referred
to as the General COQIDon Elements.
NOW,THEREFORE,Declarant does hereby publish and declare
that the following terms,covenants,conditions,easements,
restrictions,uses,reservations,limitations and obligations shall
be deemed to run with the land encoQpassing the Property and shall be
a burden and a benefit to Declarant,its grantees,successors and
assigns,and any person acquiring or owning an interest in the real
property and improvements thereon which is subject to this
Declaration,their grantees,successors,heirs,executors,
administrators,devisees and assigns.
1.DEFINITIONS.As used in this Declaration,unless the
context otherwise requires,the terms hereinafter set forth shall
have the following meanings:
a."UNIT"means an individual air space which is contained
in an enclosed room or rooms occupying all or part of a floor or
floors in a Building,as hereinafter defined.Each Unit is shown on
the Map,as hereinafter defined,and is identified thereon with a
letter.The exact boundaries of a Unit are the interior unfinished
surfaces of such walls,floors and ceilings which mark the perimeter
boundaries thereof and where found along such walls,floors and
ceilings the interior surfaces of built-in fireplaces with their
flues in their closed position and windows and doors in their closed
position;and the Unit includes both the portions of the Building so
described,the air space so encompassed and together with all
fixtures and improvements therein contained but not any General Conooon
Elements which may be within a Unit.
b."OWNER"means the Person or Persons,as hereinafter
defined,owning a Unit in fee simple together with an undivided
interest in fee simple in the General COQIDon Elements in the
percentage specified and established in this Declaration,including
the Declarant so long as any Condominium Unit,as hereinafter
defined,is owned by Declarant.
c."GENERAL COMMON ELEMENTS"means all of the project,as
hereinafter defined,except the portions thereof which constitute
Units,and also means all parts of a Building or any facilities,
improvements and fixtures which maybe within a Unit which are or may
be necessary or convenient to the support,existence,use,
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bearing walls
the roof of a
occupation,operation,maintenance,repair or safety of a Building or
any part thereof or any other Unit therein.
without limiting the generality of the foregoing,the
following shall constitute General Common Elements:
i.all foundations,columns,girders,beams and
supports of a Building;
ii.all deck or yard areas,porches,storage lockers
or areas,balconies,patios,fireplaces,doors,windows,(subject to
specific designation for individual Owner use as Limited Common
Elements,as hereinafter defined and providedl;
iii.the exterior walls of a Building,the main or
within a Building,the main or bearing subflooring and
Building;
iv.all installations and central facilities for
power,light,gas,telephone,television,hot water,cold water,
heating,refrigeration,air conditioning,trash,incineration,or
similar utility,service or maintenance purposes,including furnaces,
tanks,pumps,motors,fans,compressors,flues,vents,similar
fixtures,apparatus,installations and facilities;and
v.all other parts of the Project necessary in
common use or convenient to its existence,maintenance and safety.
d."ASSOCIATION"means The 2625 Larkspur Condominium
Association,-Inc.,a Colorado nonprofit corporation,its successors
and assigns,the Articles and Bylaws of which,as hereinafter
defined,along with this Declaration,shall govern the administration
of the Project;the members of which shall be all of the Owners.
e."BUILDING"means the building improvements erected within
the Project.
f."COMMON EXPENSES"means and includes:
i.all sums lawfully assessed against the Owners by
the Board,as hereinafter defined;
ii.expenses of administration,maintenance,repair
or replacement of the General Common Elements,as hereinafter
defined;
~~~.expenses declared Common Expenses by provisions
of this Declaration and the Bylaws;and
iv.expenses agreed upon as Common Expenses by
provisions of this Declaration and the Bylaws.
v.interest,late charges,and attorney's fees due
pursuant to Paragraph 23 (iil (a),
g."LHIITED COHMON ELEHENTS"means those General Common
Elements which are reserved for the use of certain Owners to the
exclusion of the others,including but not limited to,certain
balconies,porches,patios,fireplaces,deck or yard areas,and
storage lockers or areas.
h."PERSONS"means an individual,corporation,partnership,
joint venture,combination,association,trustee or any other legal
entity.
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i."MORTGAGE"means and includes any mortgage,deed of trust
or other assignment or security instrument creating a lien on any
Condominium Unit,and 'MORTGAGEE"shall include any grantee,
beneficiary or assignee of a Mortgage.
j."CONDOMINIUM UNIT"means the fee simple interest and
title in and to a Unit,together with the undivided fee simple
interest in the General Common Elements appurtenant to such Unit and
all other rights and burdens created by this Declaration.
k."PROJECT"means all of the Property,Condominium Units,
Building and improvements submitted to this Declaration.
1."BOARD OF DIRECTORS"or "BOARD"means the governing body
of the Association.
m."MANAGING AGENT"means the Person employed by the Board
to perform the management and operation functions of the Project.
n,"BYLMlS"means the bylaws of the Association.
o."ARTICLES"means the articles of incorporation of the
Association.
p."GUEST"means any agent,employee,tenant,guest,
licensee or invitee of an Owner.
q."DECLARANT"means the Declarant named herein and such
successor or successors as may be designated hereafter by Declarant
by written notice dUly recorded.
r,"DECLARATION"means this Declaration together with any
supplement or amendment hereto recorded in the office of the Clerk
and Recorder of Eagle County,Colorado.
s,"CONDOHINIUl-t OWNERSHIP ACT"means Condominium Ownership
Act,Section 38-33-101,et seq.C.R.S.1973.
2.MAP.There shall be filed for record in the County of
Eagle Colorado,a map,hereinafter referred to as the "Map"which Map
may be filed in whole or in part,depicting thereon:
a.The legal description of the Property and a survey
thereof;
b.Thename and general location of the Project;
c.The linear measurements and location,with reference to
the exterior boundaries of said land,of the Building and all
improvements built on said land;
d.Floor plans and elevation plans of the Building(s)
showing the location,the designation and the linear dimensions of
each Unit,and the designation of certain of the Limited Common
Elements;
e.The elevations of the unfinished interior surfaces of the
floors and ceilings as established from a datum plan,and the linear
measurements showing the thickness of the perimeter and common walls
of the Building.
TheMap,andany supplement(s)thereto,shall contain the statements
of (i)the Declarant,submitting the Property to the provisions of
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this Declaration;and (ii)an engineer and a registered land surveyor
certifying that the Map fUlly and a ccurately depicts the layout,
measurements and location of the building and improvements,the Unit
designat ions,the dimensions of such Units and the elevations of the
floors and ceilings.Declarant hereby reserves unto itself and the
Board,the right,from time to time,without the consent of any Owner
being required,to a mend the Map and supplement(s)thereto,to
conform the Map to the actual location o f any of the constructed
improvements,to establish,vacate and relocate utility easements,
access road easements and carports or parking spaces ,and to
establish certain General Common Elements as Limited Common Elements.
In interpreting any and all provisions of this Declaration or the
Bylaws,subsequent to deeds to and/or Mortgages of Condominium Units,
the actual location of a Unit shall be deemed conclusively to be the
property intended to be conveyed,reserved or encumbered,
notwithstanding any minor deviations from the location of such Unit
indicated on the Map.
3.DIVISION INTO UNITS.Declarant does hereby submit the
Project to condominium ownership pursuant to the CONDOMINIUM
OWNERSHIP ACT,and the Project is hereby divided into two(2)
Condominium Units,each consisting of a separate fee simple estate in
a particular Unit,and an appurtenant 50%undivided fee simple
interest in the General Common Elements.
4.LIMITED COMMON ELEMENTS.Subject to the definition
thereof,the Limited Common Elements shall be identified herein or on
the Map and designated as appurtenant to a particular Condominium
Unit herein or on the Map or in a deed from the Declarant.Any door,
window,balcony,porch,patio or fireplace which is accessible from,
associated with and/or which adjoin(s)a Unit and deck or yard areas,
and storage lockers or areas identified as Limited Common Elements on
the Map and designated as appurtenant to a particular Condo minium
Unit,shall,without further reference thereto,be used to connection
with the Unit to which it is appurtenant to the excl usion of the us e
thereof by the other Owners,except by invitation.
5.INSEPARABILITY OF A CONDOMINIUM UNIT.An Owner's
undivided interest in the General Common Elements and in any
appurtenant Limited Common Elements shall not be separated from the
Unit to which they are appurtenant and shall be deemed to be conveyed
or encumbered with the Unit even though the interest is not expressly
mentioned or described in a deed or other i nstrument.
6.DESCRIPTION OF CONDOMINIUM UNIT.
a.Every contract for the sale of a Condominium Unit written
prior to the filing for record of the Map and this Declaration may
legally describe a Condominium unit by its identifying Condominium
Unit designation followed by the words "2625 Larkspur Condominium,"
with further reference to the map thereof to be filed for record and
this Declaration to be recorded Upon recordation of the Map and this
Declaration in the records of the Clerk and Recorder of the County o f
Eagle,Colorado,such description shall be conclusively presumed to
relate to the therein described Condominium Units.
b.Every deed,lease,Mortgage,will or o ther instrument
shall legally describe a Condominium Unit by its identifying
Condominium Unit number followed by the words "2625 Larkspur
Condominium in accordance with and subject to the Declaration of
Covenants,Conditions and Restrictions of 2625 Larkspur Condominium,
recorded on ,198__,in Book at Page ,(Reception No.
__),and 'Map recorded on ,198 ,in Book __at Page ,
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county of Eagle,Colorado records."Every such description shall be
good and sufficient for all purposes to sell,convey,trans fer,
encumber or otherwise affect not only the Unit,but also,the General
Common Elements and the right to the use of the Limited Common
Elements appurtenant thereto.Each such description shall be
construed to include:a non-exclusive easement for ingress and
egress throughout and for use of the General Common Elements which
are not Limited Common Elements;the right to the exclusive use of
the appurtenant Limited Common Elements;and the other easements,
obligations,limitations,rights,encumbrances,covenants,conditions
and restrictions created in this Declaration.The undivided fee
simple interest in the General Common Elements appurtenant to any
Condominium Unit shall be deemed conveyed or encumbered with that
Condominium unit,even though the legal description in the instrume nt
conveying or encumbering said Condominium Unit may only refer to the
title to that Condominium Unit.
c.The reference to the Map and Declaration in any
instrument shall be deemed to include any supplement(s)or
amendment(s)to the Map or Declaration,without speci fic reference(s)
thereto.
7.NO PARTITION.The General Common Elements shall remain
undivided,and noOwner or any other Person shall bring any action
for partition or division of the General Common Elements.Similarly,
no action shall be brought for partition of a Unit or a Condominium
Unit between or among the Owners thereof.Each Owner hereby
expressly waives anyand all such rights of partition hemay have by
virtue of his ownership of a Condominium Unit.
8.SEPARATE TAXATION.Each Condominium Unit shall bede emed
to bea parcel and shall be subject to separate assessment and
taxation by each assession unit and special district for all types of
taxes authorized by law,including ad valorem levies and special
assessments.Neither the Building(s),the Property nor any use of
the General Common Elements shall be deemed to bea parcel.The lien
for taxes assessed to any condominium Unit shall be confined to that
condominium Unit.No forfeiture or sale of any Condominium Unit for
delinquent ta xes,assessments or other governmental charges shall
divest or in any way affect the title to any other Condominium Unit.
In the event that such taxes or assessments for any year are not
separately assessed to each Owner,but rather are assessed on the
Property as a whole,then each Owner shall pay his proportionate
share thereof in accordance with his ownership interest in the
General Common Elements,and,in said event,such taxes or
assessments shall bea Common Expense.Without limiting the
authority of the Board provided for elsewhere herein,the Board shall
have the authority to collect from the Owners their proportionate
share of taxes or assessments for any year in which taxes are
assessed on the Property as a whole.
9.TITLE.A Condominium Unit may be held and owned by more
than one Person as joint tenants or as tenants in common,or in any
real property tenancy relationship recognized under the laws of the
State of Colorado..
10.CERTAIN WORK PROHIBITED.No Owner shall undertake any
work in his unit which would jeopardize the soundness or safety of
the Project,reduce the value thereof or impair an easement or
hereditament thereon or thereto,nor shall any Owner enclose,by
means .of screening or otherwise,any balcony,yard,deck,patio or
porch which is accessible from,associated with and which adjoins a
Unit~without having first obtained the prior written approval of the
Board (which approval shall not be unreasonably withheld)for such
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enclosure and with respect to the materials,plans and specifications
for such enclosure.Structural alterations shall not be madeby an
Owner to the exterior portions of his Unit or to the Building or in
the water,gas or steam pipes,electric conduits,plumbing or other
fixtures connected therewith,nor shall an Owner remove any
additions,improvements or fixtures from the Building without the
prior written approval of the Board (which approval shall not be
unreasonably withheld)first having been obtained.
11.LIENS AGAINST CONDOMINIUl1 UNITS --REHOVAL FROB LIEN --
EFFECT OF PART PAYHENT.
a.No labor performed or materials furnished,with the
consent or at the request of anOwner of a particular Condominium
Unit,or his agent,shall be the basis for the filing of a lien
pursuant to law against the Condominium Unit or other property of
another Owner not expressly consenting to or requesting the same,
except that express consent shall be deemed to be given by the Owner
of any Condominium Unit to the Hanaging Agent or the Board in the
case of emergency repairs.Labor performed or materials furnished
for the General Common Elements,if duly authorized by the Hanaging
Agent or the Board of Directors in accordance with the Declaration or
Bylaws,shall be deemed to be performed or furnished with the express
consent of each Owner and shall be the basis for the filing of a lien
pursuant to law against each of the Condominium Units in the Project.
b.Each Owner shall indemnify and hold the other Owner
harmless from and against liability or loss arising from the claim of
any lien against the Condominium Unit of the Owner,or any part
thereof,for labor performed or for materials furnished in work on
such Owner's Condominium Unit.At the written request of any Owner,
the Association shall enforce such indemnity by collecting from the
Owner of the Condominium Unit on which the labor was performed or
materials furnished the amount necessary to discharge any such lien
and all costs incidental thereto,including reasonable attorney's
fees.If not promptly paid,the Association may proceed to collect
the same in the manner provided herein for collection of assessments
for the purpose of discharging the lien.
12.USE AND OCCUPANCY OF UNITS.Each owner shall be
entitled to the exclusive ownership and possession of his Unit.Each
Unit shall be used for residential purposes only,and no Unit shall
be occupied for living or sleeping purposes by more persons than it
was designed to accommodate safely.For the purposes of the foregoing
sentence,each Unit shall be deemed to have been designed to
accommodate safely amaximum of two permanent occupants per bedroom.
No Unit shall be used at any time for any business or commercial
activity,except as follows:(i)the Owner thereof may lease or rent
such Unit for private residential or living purposes.
13.USE OF GENERAL AND LIMITED COMMON ELEMENTS.Each Owner
may use the General Common Elements and his appurtenant Limited
Common Elements in accordance with the purpose for which they are
intended,without hindering or encroaching upon the lawful rights of
the other Owners.
14.VARIOUS RIGHTS AND EASEMENTS.
a.OWNER'S RIGHTS INLIHITED COMMON ELEHENTS:Subject to
the other provisions of this Declaration,each Owner,his family and
Guests,shall have an exclusive right to use and enjoy the Limited
Common Elements designated herein,in the Hap or in the initial deed
from Declarant as appurtenant to the Condominium Unit owned by such
Owner.
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b.ASSOCIATION RIGHTS:The Association,the Board and the
Managing Agent shall have a non-exclusive right and easement to make
such use of and to enter into or upon the General Common Elements,
the Limited Common Elements and the Units as maybe necessary or
appropriate for the performance of the duties and functions which
they are obligated or permitted to perform under this Declaration.
c.OWNERS'EASEMENTS FOR ACCESS,SUPPORT AND UTILITIES:
Each Owner shall have a non-exclusive easement for access between
his Unit and the roads and streets adjacent to the Project and the
roads,streets and driveways in the Project,over and on the stairs,
walks,bridges and exterior access and other easements which are part
of the General Common Elements.Each Owner shall have a
non-exclusive easement in,on and over the General Common Elements,
including the General Common Elements within the Unit of another
Owner,for horizontal and lateral support of the Unit which is part
of his Condominium Unit,for utility service to that Unit,including
but not limited to,water,sewer,gas,electricity,telephone and
television service and for the release of smoke,arising from any
fireplace within a Unit,through the flue leading therefrom.
d.EASEMENTS FOR ENCROACHMENTS:If any part of the General
Common Elements encroaches or shall hereafter encroach upon a Unit,
an easement for such encroachment and for the maintenance of the same
shall and does exist.If any part of a Unit encroaches or shall
hereafter encroach upon the General Common Elements,or upon another
Unit,the Owner of that Unit shall and does have an easement for such
encroachment and for the maintenance of same.Such encroachments
shall not be considered to be encumbrances either on the General
Common Elements or ona Condominium Unit for purposes of
marketability of title or otherwise.Encroachments referred to
herein include,but are not limited to,encroachments caused by error
in the original construction of the Building(s),by error in the Map,
by settling,rising or shifting of the earth,or by changes in
position caused by repair or reconstruction of the Project or any
part thereof.
e.EASEMENTS IN UNITS FOR REPAIR,MAINTENANCE AND
EMERGENCIES:Some of the General Common Elements are or maybe
located within a Unit or maybe conveniently accessible only through
a particular Unit.The Association,Board and Managing Agent and
each Owner shall have an easement,which maybe exercised for any
Ownerby the Association,the Board or the Managing Agent,as his
agent,for access through each Unit and to all General Common
Elements,from time to time,during such reasonable hours as maybe
necessary for the maintenance,repair or replacement of any of the
General Common Elements located therein or accessible therefrom or
for making emergency repairs therein necessary to prevent damage to
the General Common Elements or to another Unit,or for making repairs
or replacements pursuant to Paragraph 16 hereafter.Damage to the
interior or any part of a Unit resulting from the maintenance,
repair,emergency repair or replacement of any of the General Common
Elements,or as a result of emergency repairs within another Unit,at
the instance of the Association,the Board or the Managing Agent,
shall bea Common Expense of all of the Owners.No diminution or
abatement of Common Expense assessments shall be claimed or allowed
for inconvenience or discomfort arising from the making of repairs or
improvements or from action taken to comply with any law,ordinance
or order of any governmental authority.Restoration of the damaged
improvements shall be substantially the same as the condition in
which they existed prior to the damage.Notwithstanding the _
foregoing,if any such damage is the result of -the carelessness or
negligence of any Owner,then such Owner shall be solely responsible
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for the costs and expenses of repairing such damage.
f.EASEMENTS DEEMED APPURTENANT:The easements,uses and
rights herein created for an Owner shall be appurtenant to the
Condominium Unit of that Owner and all conveyances of and other
instruments affecting title to a Condominium Unit shall be deemed to
grant and reserve the easements,uses and rights as are provided for
herein,even though no specific reference to such easements,uses and
rights appears in any such conveyance.
g.EMERGENCY EASEMENT:A non-exclusive easement for ingress
and egress is hereby granted to all police,sheriff,fire protection,
ambulance and other similar emergency agencies or persons,now or
hereafter servicing the Project,to enter upon all streets,roads a nd
driveways located in the Project,and upon the Property,in the
per formance of their duties.
15.OWNERS'MAINTENANCE RESPONSIBILITY.For purposes of
maintenance,repair,alteration and remodeling,an Owner shall be
deemed t oown and shall have the right and obligation to maintain,
repair,alter and remodel,the interior non-supporting walls,the
material (such as,but not limited to,plaster,gypsum dry wall,
paneling,wallpaper,paint,wall and floor tile,and flooring,but
not including the sub-flooring)making up the finished surfaces of
the perimeter walls,ceilings and floors within the Unit and the
Unit's doors and windows,andany and all new additions to a Unit
made by the Owner thereo f,including,without limitation,any new
fence or other structure enclosing a patio,balcony,yard or deck
area.No Owner shall,however,make any changes or alterations of any
type or kind to the exterior surfaces of the doors or windows to h is
Unit nor to any General Common Elements (including,but not limited
to,the exterior portions of his Unit).The Owner shall not be
deemed to own lines,pipes,wires,conduits or systems (which for
brevity are hereafter referred to as "utilities ")running through his
Unit which serve one or more other Units,except as a tenant in
common with the other Owners.Each Owner shall have the obligation
to replace any finishing or other materials removed with similar or
other types or kinds of materials.An Owner shall maintain and keep
in good repair and in a clean,safe,attractive and sightly condition
the interior of his Unit,including the fixtures,doors and windows
thereof and the improvements affixed thereto,and such other items
and areas as may be required in the Bylaws.Also,an Owner shall
maintain,clean and keep in a neat and clean condition the fireplace
within his Unit,the deck,yard porch,balcony and/or patio area
adjoining and/or leading to a unit,if any,which areas are Limited
Common Elements appurtenant to such Owner's Condominium Unit.All
fixtures,appliances and equipment installed within a Unit commencing
at a point where the utilities enter the Unit shall be maintained and
kept in repair by the Owner thereof.If any Owner fails to carry out
or neglects the responsibilities set forth in this paragraph,the
Board or the Managing Agent may fulfill the same and charge such
Owner therefor.Any expense incurred by an Owner under this
paragraph shall be the sole expense of said Owner.
16.COMPLIANCE WITH PROVISIONS OFDECLARATION,ARTICLES AND
BYLAWS OFTHE ASSOCIATION.Each Owner shall comply strictly with,
and shall cause each of this Guests to comply strictly with,all of
the provisions of this Declaration and the Articles and Bylaws,and
the decisions,rules,regulations and resolutions of the Association
or the Board adopted pursuant thereto,as the same may be lawfully
amended from time to time.Failure to comply with any of the same
shall be grounds for an action to recover sums due and for damages or
injunctive relief or both,along with costs of suit and reasonable
attorneys'fees,maintainable by the Managing Agent or Board of
Directors in the na me of the Association on behalf of the aggrieved
Owner.
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17.THE ASSOCIATION.
a.GENERAL PURPOSES AND POWERS:The Association,through
the Board or the Managing Agent,shall perform functions and hold and
manage property as provided in this Declaration so as to further the
interests of Owners of Condominium Units in the Project.It shall
have all powers necessary or desirable to effectuate such purposes.
b.MEMBERSHIP:The Owner of a Condominium Unit shall
automatically beco me a member of the Associat ion.Said membershi p is
appurtenant to the Condominium Unit of said Owner and the ownership
of the membership for a Condominium Unit shall automatically pass
with fee s i mple title to the Condominium Unit.Each Owner shall
automatically be entitled to the benefits and subject to the burdens
relating to the membership for his Condominium Unit.If the fee
simple title to a Condominium Unit is held by more than one Perso n,
each Owner of a Condominium Unit shall be a member of the
Association.Memberships in the Association shall be limited to
Owners of Condominium Units in the Project.
c.BOARD OF DIRECTORS:The affairs of the Association s hall
be managed by a Board of Directors which ma y by resolution delegate
an y portion of his authority to an executive committee,or to a
director or Managing Agent f or the Association.Initially there shall
be two members of the Board of Directors,all of who m shall be Owners
elected by Owners.The terms of one-half of such Board shall exp ire
annually.Notwithstanding anything to the contrary provided for
herein,however,until Declarant has conveyed both of the Condominium
Units in the Project,members of the Board shall be appointed by
Declarant,its successors or assigns.
d.
Condominium
Condominium
VOTING OF OWNERS:The Owner or Owners
Unit shall be entitled to one vote for
Unit owned by sa id Owner or Owners.
of each
each such
e.BYLAWS AND ARTICLES:The purposes and powers of the
Association and the rights and obligations with respect to Owners set
forth in this Declaration may and shall be amplified by provisions of
the Articles and Bylaws of the Association.
18.CERTAINRIGHTS AND OBLIGATIONSOFTHE ASSOCIATION.
a.ASSOCIATION AS ATTORNEY-IN-FACT FOR OWNERS:The
Association is hereby irrevocably appointed attorney-in-fact for the
Owners,and each of them,to manage"control and deal with the
interest of each Owner in the General Common Elements so as to per mit
the Association to fulfill all of its duties and obligations
hereunder and to exercise all of its rights hereunder,to deal with
the Project upon its destruction or obsolescence as hereinafter
provided and to grant utility easements through any portion of the
General Common Elements.The acceptance by any Person of any
interest in any Condominium Unit shall constitute an appointment of
the Association as attorney-in-fact as provided above and
hereinafter.The Association .is hereby granted all of the powers
necessary to govern,manage,maintain,repair,rebuild,administer
and regulate the Project and to perform all of the duties required o f
it.Notwithstanding the above,unless all of the first Mortgagees o f
Condominium Units have given their prior written approval,the
Association shall not be empowered or entitled to:
i.by act or omission,seek to abandon or terminate
the Project;
ii.change the pro rata interest or obligations of
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any individual Condominium Unit for the purpose of levying
assessments or charges or allocating distributions of hazard
insurance proceeds or condemnation awards;
iii.partition or subdivide any Condominium Unit;
iv.by act or omission seek to abandon,partition,
subdivide,encumber,sell or transfer (excluding the granting of
easements for public utilities or other public purposes consistent
with the intended use of the General Common Elements)any of the
General or Limited Common Elements;and
Project
repair,
v.use hazard insurance proceeds for loss to the
(whether Units or General Common Elements)for other tha n
replacement or reconstruction thereof.
b.GENERAL conno»ELEMENTS:The Association shall provide
for the care,operation,management,maintenance,repair and
replacement of the General Common Elements.Without limiting the
generality of the foregoing,said obl igations shall include the
keeping of such General Common Elements in good,clean,attractive
and sanitary condition,order and repair;removing snow and any other
materials from such General Common Elements which might impair access
to the Project or the Units;keeping the Project safe,attractive and
desirable;and making necessary or desirable alterations,additions,
betterments or improvements to or on the General Common Elements.
c.-OTHER ASSOCIATION FUNCTIONS:The Association may
undertake any activity,function or service for the benefit of or to
further the interests of all Owners ona self-supporting,special
assessment or common assessment basis.
d.LABOR AND SERVICES:The Association (i)may obtain and
pay for the services of a Managing Agent to manage its affairs,or
any part thereof,to the extent it deems advisable,as well as such
other personnel as the Association shall determine to be necessary or
desirable for the proper operation of the Project,whether such
personnel are furnished or employed directly by the Association or by
any Person with whom or which it contracts;(ii)may obtain and pay
for legal and accounting services necessary or desirable in
connection with the opperation of the Project or the enforcement of
this Declaration;and (iii)may arrange with others to furnish
lighting,heating,water,trash collection,sewer service and other
common services.
e.PROPERTY OF ASSOCIATION:The Association may pay for,
acquire and hold or lease real property (for the purpose set forth
in Paragraph 13 herein)and tangible and intangible personal property
and may dispose of the same by sale or otherwise.Subject to the
rules and regulations of the Association,each Owner and each Owner's
family and Guests may use such property.Upon termination of
condominium ownership of the Project and dissolution of the
Association,if ever,the beneficial interest in any such property
shall be deemed to be owned by the then Owners as tenants in common
in the same proportions as their respective interests in the General
Common Elements.A transfer of a Condominium Unit shall transfer to
the transferee ownership of the transferor's beneficial interest in
such property without any reference thereto.Each Ownermay use such
property in accordance with the purposes for which it is intended,
without hindering or encroaching upon the lawful rights of the other
Owners.The transfer of title to a Condominium Unit under
foreclosure shall entitle the purchaser to the beneficial interest in
such property associated with the foreclosed Condominium Unit.
10
f.MORTGAGEE NOTIFICATION:The Association shall notify
each first Mortgagee of any proposed material amendment of the
Association's Articles or Bylaws at least ten (10)days prior to the
effective date of such amendment or change.Further,upon the
written request of any first Mortgagee,such first Mortgagee shall be
entitled to receive the most recent annual financial statement of the
Association and written notice of all meetings of the Association and
such first Mortgagee shall have the right to designate a
representative to attend any such meeting.
g.ENFORCEMENT BY ASSOCIATION:The Board may suspend any
Owner's voting rights in the Association during any period or periods
during which such Owner fails to comply with the Assoication's rules
and regulations,or with any other obligations of such Owner under
this Declaration.The Association may also take judicial action
against any Owner to enforce compliance with such rules,regulations
or other obligations herein or in the Bylaws contained or to obtain
damages for noncompliance thereof,all to the extent permitted by
law.
h.CERTIFICATE:The Board of Directors may,from time to
time,record a certificate of the identity and the mailing addresses
of the persons then comprising the Board of Directors,together with
the identity and address of the Managing Agent,if any there be.
Such certificate shall be conclusive evidence thereof in favor of any
Person relying thereon in good faith regardless of the time elapsed
since the date thereof.
i.IMPLIEDRIGHTS:The Association shall have and may
exercise any right or privilege given to it expressly by this
Declaration or the Articles or Bylaws,or reasonably to be implied
from the provisions of said documents,or given or implied by law,or
which maybe necessary or desirable to fulfill its duties,
obligations,rights or privileges.
19.ASSESSMENT FOR CO~1l10N EXPENSES.
a.All Owners,shall be obligated to pay the estimated
assessments imposed by the Board of Directors to meet the Common
Expenses from and after the conveyance of the first Condominium Unit
to such Condominium Unit's original purchaser.The assessments shall
bemade pro rata according to each Owner's interest in and to the
General Common Elements.Assessments for the estimated Common
Expenses shall be due quarterly,in advance,on the first day of each
quarter.The Managing Agent or Board of Directors shall prepare and
deliver or mail to each Owner an itemized annual budget showing the
various estimated or actual expenses for which the assessments are
made.Contributions for quarterley assessment shall be prorated if
the ownership of a Condominium Unit commences ona day other than the
first day of a quarter.The assessments made for Common Expenses shall
be based upon the requirements deemed to be such aggregate sum as the
Board of Directors shall from time to time determine is to be paid or
accrued to be paid to provide for the payment of all estimated
expenses growing out of or connected with the maintenance and
operation of the General Common Elements,which summay include,
among other things:expenses of management;taxes and special
assessments,until separately assessed;premiums for insurance of the
types and kinds provided for in Paragraph 22 hereafter;landscaping
and care of grounds;common lighting and heating,if any;repairs and
renovations;trash collections;wages;water and sewer charges;
legal and accounting fees;capital expenditures madeby the Board and
approved by both Owners;expenses and liabilities incurred by the
Managing Agent or Board of Directors under or by reason of this
Declaration;deficits remaining from a previous period;and other
11
costs and expenses relating to the General Common Elements.Further,
it shall be mandatory for the Board to establish and segregate,out
of such monthly assessments,a contingency or reserve fund for the
repair,replacement and maintenance of those General Common Elements
that must be replaced periodically.The omission or failure of the
Board of Directors to fix the assessment for any quarter shall not be
deemed a waiver,modification or a release of the Owners from the ir
obligation to pay same.
AnyOwner or first Mortgagee may,pursuant to Section 38-33-107
C.R.S.1973,inspect the Association's records of receipts and
expenditures at any reasonable time during convenient weekday business
hours,and,upon ten days'notice to the Board of Directors or
Managing Agent,if any,and upon payment of a reasonable fee,not to
exceed Twenty Dollars,any Owner or first Mortgagee of such Owner
shall be furnished a statement of account setting forth the amount of
any unpaid assessments or other charges due and owing from such Owner.
At the end of any calendar year,the Board of Directors may,but shall
not be required to,refund to each Owner his proportionate share of
funds then held by the Association which are not deemed to be
necessary to meet the Common Expenses.Each Owner shall be obligated
to pay all charges for any separately metered utilities servicing his
Unit.All utilities that are not metered separately to each unit
shall bea Common Expense hereunder.
b.The Board of Directors shall have the right during an y
calendar year to levy and assess against all of the Owners a special
assessment for such purpose or purposes,in accordance with this
Declaration,the Articles or Bylaws,as maybe necessary to keep the
Project as a first class residential property.Such special
assessment shall be borne by the Owners in accordance with each
Owner's interest in the General Common Elements and shall be due and
payable as determined by the Board of Directors.
20.ASSESSMENT RESERVES.The Association may require an
Owner,to deposit with the Association an amount equal to six times
the amount of the original estimated quarterly common assessment,
which sum shall be held,without interest,by the Association as a
reserve to be used for paying such Owner's quarterly common assessment
and for working capital.Such an advance payment shall not relieve an
Owner from making the regUlar quarterly payment of the quarterly
common assessment as the same comes due.Upon the transfer of his
Condominium Unit,anOwner shall be entitled to a credit from his
transferee for any unused portion thereof.Such reserves shall at all
times remain as capital of the Association.
21.ADDITIONS,ALTERATIONS AND IMPROVEMENTS -GENERAL AND
LIMITTED COMMON ELEMENTS.There shall beno special assessments
levied by the Board of Directors,nor any capital additions,
alterations or improvements,of or to the General or Limited Common
Elements by the Association requiring expenditure without,in each
case,prior approval by all the Owners owning a majority interest in
the General Common Elements,except in the event of an emergency;the
limitations set forth above shall not apply to any expenditures made
by the Association for maintenance and repair of the General Common
Elements as set forth in Paragraph 18 hereof,or for repair in the
event of damage,destruction or condemnation as provided in Paragraphs
28 and 29 hereof.
22.INSURANCE.
a.The Board of Directors shall obtain and maintain at all
times,to the extent obtainable,policies of insurance,written with
financially responsible and able companies licensed to do business in
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Colorado,covering the risks set forth below.The types of coverages
to be obtained and risks to be covered are as follows,to wit:
i.Insurance against loss or damage by fire and
lightning,and such other hazards as are customarily covered in
condominium projects in the County of Eagle,Colorado,under extended
coverage and all risk endorsements.Said casualty insurance shall
insure the entire Project andany property,the nature of which is a
General Cornmon Element (including all of the Units and the fixtures
therein initially installed or conveyed by the Declarant)toget her with
all service equipment contained therein in an amount equal to the full
replace ment value,without deduction for depreciation.All polici es
shal l contain a standard non-contributory mortgage clause in favor of
each first Mortgage e,which shall provide that the loss,if any,
thereunder,shall be payable to the Association for the use and
benefit of such first Mortgagees as their interests ma y appear.
ii.If the Project is located in an area identified
by the Secretary of Housing and Urban Development as an area having
special flood hazards and the sale of Flood Insurance has been made
available under the National Flood Insurance Act of 1968,a "blan ket"
policy of flood insurance on the Project in an amount which is the
lesser of the maximum amount of insurance available under the Act or
the aggregate of the unpaid principal balances of the first Mort ga ges
on the Condominium Units comprising the Project.
iii.Bodily injury and property damage liability
insurance in such limits as the Board may from time to time determine,
but not in an amount less than $100,000.00 per injury,per person,per
occurrence and umbrella liability limits of $300,000.00 per
occurrence,covering all claims for bodily injury or property damage.
Coverage shall include,without limitation,liability for personal
injuries,operation of automobiles on behalf of the Association,and
acti vities in connection with the ownership,operation,maintenanc e
and other use of the Project.All liability insurance shall na me the
Association,the Board,the Managing Agent,the Declarant,first
Mortgages,the Owners and the officers of the Association,as insureds
thereunder.
iv.Workmen's Compensation and employer's liability
insurance and all other similar insurance with respect to e mployees
and subcontractors of the Association in the amounts and in the for ms
now or hereafter required by law.
v.Fidelity coverage against dishonesty of employees
or any other person handling funds of the Association,destruction or
disappearance of money or securities and forgery.Said policy shall
also contain endorsements thereto covering any persons who serve the
Association without compensation.
vi.Association may obtain insurance against such
other risks,of a similar or dissimilar nature,as it shall deem
appropriate with respect to the Project,including plate or other
glass insurance,insurance for any personal property of the
Association located thereon,.and errors and omissions insurance with
respect to the actions of the Board of Directors and officers of the
Association.
b.All policies of insurance,to the extent obtainable,shall
contain waivers of subrogation and waivers of any defense based on
invalidity arising from any acts of an Owner and shall p rovide that
such policies may not be cancelled or modified without at least twenty
(20)"days'prior written notice to all of the Owners,first Mortgagees
and the Association.If requested,duplicate originals of all
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·,
policies and renewals thereof,together with proof of payments o f
premiums,shall be delivered to all first Mortgagees at least ten (10)
days prior to expiration of the then current policies.All casualty
ins urance shall be carried in blanket form naming the Association as
the insured,as attor ne y-in-fact for all of the Owners,as their
interests may appear,which policy or polices shall identify the
interest of each Owner (Owner's name and Condominium Unit number
designation)and first Mortgagee.
c.Prior to obtaining any policy of casualty insurance or
renewal the reof,pursuant to the provisions of this insurance
paragr aph,the Board sha ll obtain an appraisal fro m the insurance
appraiser o f the co mpany issuing such insurance,which appra iser s ha ll
reasonably estimate the fUll replacement value of the entire Project,
without deduction for depreciation,for the purpose of deter mini ng t he
amount of the insurance to be effected pursuant to the provisions of
this insurance paragraph.In no event shall the insurance policy
contain a co-insurance clause for less than one hundred percent (100 %)
of the fUll replacement cost with an agreed amount endorsement.
Determination of max i mum replacement value shall be made annuall y,and
each f irst Mortgagee,if requested,shall be furnished with a copy
thereof,within thirty (30)days a fter receipt of such written
appraisals.Such amounts of insurance shall be contemporized annua lly
in accordance with their currently determined maximum replacement
value.
d.Owners may carry other insurance for their benefit and at
their expense,provided that the liability of the carriers issuing
insurance obtained by the Board shall not be affected or diminished by
reason of any such additional insurance carried by any Owner.
e.Insurance coverage on improvements and fixtures install ed
byanOwner and furnishings,including draperies,unattached carpeting
and appliances,wallpaper and other items of personal property
belonging to an Owner,and public liability coverage within each Unit
shall be the sole and direct responsibility of the Owner th ereof,and
the Board of Directors,the Association and/or the Managing Agent
shall have no responsibility therefor.
f.In the event that there shall be any da mage,destruction
or loss to a unit or any da mage,destruction or loss to the General
Common Elements,then notice of such damage or loss shall be given by
the Association to the first Mortgagee of said Condominium Unit within
ten (10)days after the occurrence of such event.
g.All policies o f insu rance shall provide that the insurance
thereunder shall be invalidated or suspended on ly in respect to the
interest of any particular Owner guilty of a breach of warran ty ,act,
omission,negligence or non-co mpliance of any provision of such
policy,including payment of the insurance premium applicable to that
Owner's interest,or who permits or fails to prevent the happening of
any event,whether occurring before or after a loss,which under the
provisions of such policy would otherwise invalidate or suspend the
entire policy,but the insurance under any such policy,as to the
interests of all other insured Owners not guilty of any such a ct or
omission,shall not be invalidated or suspended and shall re main in
full force and ef fect.
23.LIEN FOR NON-PAYMENT OF COMMON EXPENSES.All sums
assessed by the Board pursuant to any provision of this Declaration,
including,without limitation,the share of Common Expenses chargeable
to any condominium Unit,interest,late charges,and attorney's
fees due pursuant to Paragraph 23(ii)(a)shall constitute a lien on
such Condo minium Unit superior (prior)to all other liens and
14
fe
superior to the Homestead Exemption provided by Section 38-41-201,et.
seq.C.R.S.1973,and each Owner hereby agrees that the acceptance of
the deed or other instrument of conveyance in regard to any
Condominium Unit within the Project shall signify such grantee's
waiver of the Homestead right granted in said section of the Colorado
statutes.
g.Any recorded lien for non-payment of the Common Expenses
maybe released by recording a Release of Lien executed byamember of
the Board of Directors or the Association's attorney.
24.OWNERS'OBLIGATIONS FOR PAYMENT OF ASSESSMENTS.The
amount of Common Expenses and/or any special assessment assessed
against each Condominium Unit together with interest,late charges,
and attorney's fees pursuant to Paragraph 23(ii)(al shall be the
personal and individual debt of the Owner or Owners thereof at the
time the assessment is made.Suit to recover amoney judgment for
unpaid Common Expenses and/or special assessments,interest,late
charges,and attorney's fees pursuant to Paragraph 23(iil (al -and costs
of suit and attorney's fees incurred in prosecuting said suit,shall
be maintainable without foreclosing or waiving the lien securing same.
No Ownermay exempt himself from liability for his contribution
towards the Common Expenses and/or any special assessment by waiver of
the use or enjoyment of any of the General Common Elements or by
abandonment of his Condominium Unit.
25.LIABILITY FOR COMMON EXPENSES UPON TRANSFER OF
CONDOMINIUM UNIT IS JOINT.
a.Upon payment of a reasonable fee not to exceed Twenty
Dollars and _upon ten days'prior written notice from any Owner or any
Mortgagee or prospective Mortgagee of a Condominium Unit,the
Association,by its Managing Agent or Board of Directors,shall issue
a written statement setting forth the amount of the unpaid Common
Expenses,if any,with respect to the subject Condominium Unit,the
amount of the current quarterly assessment,the date that such
assessment becomes due,the amount of any assessment reserve on
deposit with the Association and any credit for advanced payments for
prepaid items,including but not limited to insurance premiums,which
statement shall be conclusive upon the Association in favor of all
persons who rely thereon in good faith.Unless such request for such
a statement shall be complied with within ten days from the receipt
thereof,all unpaid Common Expenses which become due prior to the date
of making such request shall be subordinate to the lien of the person
requesting such statement.
b.The grantee of a Condominium unit,except a first
Mortgagee who acquires a Condominium Unit by foreclosure or a deed in
lieu of foreclosure,shall be jointly and severally liable with the
grantor for all unpaid assessments against the latter for his
proportionate share of the Common Expenses up to the time of the grant
or conveyance,without prejudice to the grantee's right to recover
from the grantor the amounts paid by the grantee therefor;provided,
however,that upon payment of a reasonable fee not to exceed Twenty
Dollars,and upon written request,any such prospective grantee shall
be entitled to a statement from the Managing Agent or Board of
Directors setting forth the amount of the unpaid Common Expenses,if
any,with respect to the subject Condominium Unit,the amount of the
current quarterly assessment,the date that such assessment becomes due,
the amount of any assessment reserve on deposit with the Association
and any credit for advanced payments for prepaid items,including but
not limited to insurance premiums,which statement shall be conclusive
upon the Association in favor of all persons who rely thereon in good
faith.Unless such request for such a statement shall be complied
with within ten days from the receipt thereof,then such requesting
grantee shall not be liable for,nor shall the Condominium unit
conveyed be subject to,a lien for any unpaid assessments against the
16
subject Condominium Unit.The provisions contained in this paragraph
shall not apply upon the initial transfer of the Condominium Units by
Declarant.
26.MORTGAGING A CONDOMMINIUM UNIT --PRIORITY.AnyOwner
shall have the right from time to time to mortgage or encumber his
Condominium Unit by deed of trust,mortgage or other security
instrument.TheOwner of a Condominium Unit may create junior
Mortgages (junior to the lien,deed of trust or other encumbrance of
the first Mortgagee)on his Condominium Unit on the following
conditions:(1)that any such junior Mortgages shall always be
subordinate to all of the terms,conditions,covenants,restrictions,
uses,limitations,obligations,lien for Common Expenses,and other
obligations created by this Declaration,and the bylaws;and (2)that
the Mortgagee under any junior Mortgage shall release,for the purpose
of restoration of any improvements upon the mortgage premises,all of
his right,title and interest in and to the proceeds under al~
insurance policies upon said premises which insurance policies were
effected and placed upon the mortgaged premises by the Association.
Such release shall be furnished forthwith bya junior Mortgagee upon
written request of the Managing Agent or one or more of the Board of
Directors of the Association,and if not furnished,maybe executed by
the Association as attorney-in-fact for such junior Mortgagee.
27.RESTRICTIVE COVENANTS AND OBLIGATIONS.
a.NO IMPERILING OF INSRUANCE:No Owner and no Owner's
Guests shall do anything to be kept in or on the Project which might
result in an increase in the premiums of insurance obtained for the
Project or which might cause cancellation of such insurance.
b.NO VIOLATION OF LAW:No Owner and no Owner's Guests shall
do anything or keep anything in or on the Project which would be
immoral,improper,offensive or in violation of any statute,rule,
ordinance,regulation,permit or other validly imposed requirement of
any governmental body.
c.NO NOXIOUS,OFFENSIVE,HAZARDOUS OR ANNOYING ACTIVITIES:
No noxious or offensive activity shall be carried on upon any part of
the project nor shall anything be done or placed on or in any part of
the Project which is or may become a nuisance or cause embarrassment,
disturbance or annoyance to others.No activity shall be conducted on
any part of the Project and no improvements shall bemade or
constructed on any part of the Project which are or might be unsafe or
hazardous to any Person or property.
d.NO UNSIGHTLINESS:No unsightliness or waste shall be
permitted on or in any part of the Project.Without limiting the
generality of the foregoing,noOwner shall keep or store anything
(except in designated storage areas)on or in any of the General
Common Elements;nor shall any Owner hang,erect,affix or place
anything upon any of the General Common Elements (except for
decorative items within his Unit).
e.RESTRICTION ON ANIMALS:No animals,livestock,reptiles
or birds shall be kept on any part of the Project,except that .
domesticated dogs,cats,birds or fish may be kept in a Unit,sUbject
to all governmental animal ordinances and laws and sUbject to rules
and regulations promulgated by the Association or Board in regard
thereto,provided that they are not kept for any commercial purposes.
AnyOwner is responsible for any damage caused by his animal(s)and
shall be obligated to clean up after his animal(s)on the Project.
f.RESTRICTION ON SIGNS:No signs or advertising devices of
17
any nature shall be erected or maintained on any part of the Project
without the prior written consent of the Board.
g.NO VIOLATION OF RULES:No Owner and no Owner's Guests
shall violate the rules and regUlations adopted from time to time by
the Association,whether relating to the use of Units,the use of
General or Limited Common Elements,or otherwise.
h.OWNER CAUSED DA~~GES:If,due to the act or neglect of
an Owner or such Owner's Guests or family,loss or damage shall be
caused to any Person or property,including the Project or any Unit
therein,such Owner shall be liable and responsible for the same
except to the extent that such damage or loss is covered by insurance
obtained by the Association and the carrier of the insurance has
waived its rights of SUbrogation against such Owner.The amount of
such loss or damage may be collected by the Association from such
Owner as an assessment against such Owner,by legal proceedings or
otherwise,and such amount (including reasonable attorneys'fees)
shall be secured bya lien on the Condominium Unit of such Owner as
provided hereinabove for assessments or other charges.
i.LEASING OF A CONDOMINIUM UNIT:TheOwner of a
Condominium Unit,including Declarant,shall have the right to lease
his Condominium unit under the following conditions:
i.No Ownermay lease less than his entire
Condominium Unit;
ii.All leases shall be in writing,if for a term of
fourteen (14)days or longer;
iii.All leases shall provide that the terms of the
lease and lessee's occupancy of the Condominium Unit shall be SUbject
in all respects to the provisions of this Declaration and to the
provisions of the Articles and Bylaws.Any failure by the lessee to
comply therewith shall be a default under the lease.AnyOwnerwho
leases his Condominium Unit for a term of fourteen (14)days or longer
shall,within ten (10)days after the execution of such lease,forward
a copy of the same to the Board;
iv.Except for a first Mortgagee in possession of a
Condominium unit following the default under its Mortgage or in
connection with foreclosure proceedings or any deed or other
arrangement in lieu of foreclosure proceedings by such first
Mortgagee,noOwnermay lease his Condominium Unit for transient or
hotel purposes,transient or hotel being defined as for a term of less
than seven (7)days.
j.PARKING OF VEHICLES:Parking of any and all vehiCles on
the Project shall be subject to the rules and regulations of the
Association.
k.RESTRICTIONS ON PARKING AND STORAGE.No part of the
Project unless specifically designated by the Association therefor,
shall be used as a parking or storage accommodation area for any type
of house trailer,camping trailer,boat trailer,hauling trailer,
running gear,boat,or accessories thereto,truck or recreational
vehicle,except as a temporary expedience for loading,delivery,
emergency,etc.
Determination with respect to whether or not a particular
activity or occurrence shall constitute a violation of this Paragraph
28 shall bemadeby the Board of Directors and shall be final.
18
28.ASSOCIATION AS ATTORNEY-IN-FACT -DA~~GE AND DESTRUCTION
-OBSOLESCENCE.This Declaration does hereby make mandatory the
irrevocable appointment of an attorney-in-fact to deal with the
Project upon its destruction,repair or obsolescence.
Title to any Condominium Unit is declared and expressly made
subject to the terms and conditions hereof,and acceptance by any
grantee of a deed from the Declarant or from any Owner shall
constitute appointment of the attorney-in-fact herein provided.All
of the Owners irrevocably constitute and appoint the Association,in
their names,place and stead for the purpose of dealing with the
Project upon its destruction,repair or obsolescence as is hereinafter
provided.As attorney-in-fact,the Association,by its president and
secretary,shall have fUll and complete authorization,right and power
to make,execute and deliver any contract,deed or any other
instrument with respect to the interest of an Owner which is necessary
and appropriate to exercise the powers herein granted.Repair and
reconstruction of the improvement(s)as used in the succeeding
subparagraphs means restoring the improvement(s)to substantially the
same condition in which it existed prior to the damage,with each unit
and the General Common Elements and Limited Common Elements having
substantially the same vertical and horizontal .boundaries as before.
Except as is otherwise herein provided,the proceeds of any insurance
collected shall be available to the Association for the purpose of
repair,restoration or replacement unless all Owners and all first
Mortgagees agree not to rebuild in accordance with the provisions set
forth hereinafter.
Assessments for Common Expenses shall not be abated during the
period of insurance adjustment and repair and reconstruction.
a.In the event of damage or destruction to the Project to
the extent of not more than sixty-six and two-thirds percent (66-2/3%)
of the total replacement cost thereof,not including land,due to fire
or other disaster,the insurance proceeds,if sufficient to
reconstruct the improvement .(s)shall be applied by the Association,as
attorney-in-fact,to such reconstruction,and the improvement(s)shall
be promptly repaired and reconstructed.The Association shall have
full autority,right and power,as attorney-in-fact,to cause the
repair and restoration of the improvement(s).
b.If the insurance proceeds are insufficient to repair and
reconstruct the improvement(s),and if such damage is to the extent of
not more than sixty-six and two-thirds percent (66-2/3%)of the total
replacement cost of the Project,not including land,such damage or
destruction shall be promptly repaired and reconstructed by the
Association,as attorney-in-fact,using the proceeds of insurance and
the proceeds of an assessment to bemade against all of the Owner and
their Condominium units.Such deficiency assessment shall be a Common
Expense and made pro rata according to each Owner's interest in the
General Common Elements and shall be due and payable within thirty
days after written notice thereof.The Association shall have fUll
authority,right and power,as attorney-in-fact,to cause the repair
or restoration of the improvements using all of the insurance proceeds
and such assessment.The assessment provided for herein shall be a
debt of each Owner and a lien on his Condominium Unit and may be
enforced and collected as is provided hrerinbefore.In addition
thereto,the Association,as attorney-in-fact,shall have the absolute
right and power to sell the Condominium Unit of any Owner refusing or
failing to pay such deficiency assessment within the time provided,
and if not so paid,the Association shall cause to be recorded.a
notice that the Condominium Unit of the delinquent Owner shall be sold
by the Association,as attorney-in-fact.The proceeds derived from
the sale of such Condominium Unit shall be used and disbursed by the
19
Association,as attorney-in-fact,in the following order:
i.for payment of taxes and special assessment liens
in favor of any assessing entity;
ii.for payment of the balance of the lien of any
first Mortgage;
iii.for payment of unpaid Common Expenses;
iv.for payment of junior Mortgages and encumbrances
in the order of and to the extent of their priority;and,
v.the balance,if any,to the delinquent Owner.
c.If the Project is destroyed or damaged to the extent of
more tha n sixty-six and two-thirds percent (66-2/3 %)of the total
replacement cost thereof,not including land,the Board shall adopt a
plan for the repair and reconstruction of the Project,and all Owners
shall be bound by the terms and provisions of such plan,unless both
Owners vote not to adopt such plan within one hundred (100)days a fter
the damage or destruction.The Associaiton shall have the right to
use,in accordance with such plan,all proceeds of insurance for such
destruction or damages,as well as the proceeds of an assessment to be
made against all of the Owners and their Condominium Units.Any
assessment made in connection with such plan shall bea Common Expense
and made pro-rata according to each Owner's percentage interest in the
General Common Elements and shall be due and payable as provided by
the terms of such plan,but not sooner than thirty (30)days after
written notice thereof.The Association shall have full authority,
right and power,as attorney-in-fact,to cause the repair or
restoration of the improvements,using all of the insurance proceeds
for such purpose,notwithstanding the failure of an Owner to pay the
assessment.The assessment provided for herein shall bea debt of
each Owner and a lien on his Condominium Unit and maybe enforced and
collected as is provided hereinabove.In addition thereto,the
Association,as attorney-in-fact,shall have the absolute right and
power to sell the Condominium Unit of any Owner refusing or failing to
pay such assessment within the time provided,and if not so paid,the
Association shall cause to be recorded a notice that the Condominium
Unit of the delinquent Owner shall be sold by the Association.The
proceeds derived from the sale of such Condominium Unit shall be used
and disbursed by the Association,as attorney-in-fact,for the same
purposes and in the same order as is provided in subparagraphs (b)(il
through (v)of this paragraph.
d.If the Project is damaged or destroyed to the extent of
more than sixty-six and two-thirds percent (66-2/3%)of the total
replacement cost thereof,not including land,and if the Owners vote
not to adopt a plan for repair and reconstruction,then the
Association shall forthwith record a notice setting forth such fact or
facts,and upon the recording of such notice by the Association's
president and secretary,the entire remaining Project shall be sold by
the Association,as attorney-in-fact for all of the Owners,free and
clear of the provisions contained in this Declaration,the Map and the
Articles and Bylaws.The insurance settlement proceeds shall be
collected by the Association and such proceeds shall be divided by the
Association according to each Owner's interest (as such interests
appear on the policy or policies),and such divided proceeds shall be
paid into separate accounts,each such account representing one of the
Condominium Units.Each such account shall be in the name of the
Association,and shall be further identified by the Condominium Unit
designat ion and the name of the Owner.Thereafter,each such account
shall be supplemented by the apportioned amount of the proceeds
20
derived from the sale of the entire Project.Such apportionment shall
be based upon each Owner's percentage interest in the General Common
Elements.The total funds of each account shall be used and
disbursed,without contribution from one account to another,by the
Association,as attorney-in-fact,for the same purposes and in the
same order as is provided in subparagraph (b)(i)through (v)of this
paragraph.The provisions contained in this SUbparagraph shall not
hinder the protection given to a first Mortgagee under a mortgagee
endorsement.
e.Both Owners may agree that the Condominium Units are
obsolete and adopt a plan for the renewal and reconstruction,which
plan shall have the approval or consent of all first Mortgagees.If a
plan for the renewal or reconstruction is adopted,notice of such plan
shall be recorded,then the expenses thereof shall be payable by a ll
of the Owners as Com mon Expenses,provided,however,that an Owner not
a party to such a plan for renewal or reconstruction may give written
notice to the Association within fifteen (15)days after the adoption
of such plan that his or its Condominium Unit shall be purchased by
the Association for the fair market value thereof.The association
shall then have fifteen (15)days within which to cancel such plan.
If such plan is not cancelled then the Condominium Unit shall be
purchased by the Association according to the following procedures.
If such Owner and the Association can agree on the fair market value
thereof,then such sale shall be consummated within thirty (30)days
thereafter.If the parties are unable to agree,the date when either
party notified the other that he or it is unable to agree with the
other shall be the "commencement date"from which all periods of time
mentioned in this subparagraph shall be measured.Within ten (10)
days following the commencement date,each party shall nominate in
writing (and give notice of such nomination to the other party)an
independent appraiser.If either party fails to make such a
nominiation,the appraiser nominated shall within five (5)days after
default by the other party appoint and associate with him another
independent appraiser.If the two appraisers designated by the
parties,or selected pursuant thereto in the event of the default of
one party,are unable to agree,they shall appoint another independent
appraiser to be umpire between them,if they can agree on such person.
If they are unable to agree upon such umpire,then each appraiser
previously appointed shall nominate two independent appraisers and
from the names of the four persons so nominated one shall be drawn by
lot by any judge of any court of record in Colorado and the name so
drawn shall be such umpire.The nominations from whom the umpire is
to be drawn by lot shall be submitted within ten (10)days of the
failure of the two appraisers to agree,which,in any event,shall not
be later than twenty (20)days following the appointment of the second
appraiser.The decision of the appraisers as to the fair market
value,or in the case of their disagreement,then such decision of the
umpire,shall be final and binding.The expenses and fees of such
appraisers shall be borne equally by the Association and the Owner.
The sale shall be consummated within fifteen (15)days thereafter,and
the Association,as attorney-in-fact,shall disburse such proceeds as
is provided in subparagraphs (b)(i)through (v)of this paragraph.
f.Both Owners may agree that the Condominium Units are
obsolete and that the same should be sold.Such plan (agreement)must
have the unanimous approval or consent of every first Mortgagee.In
such instance,the Association shall forthwith record a notice setting
forth such fact or facts,and upon the recording of such notice by the
Association's president and secretary,the entire Project shall be
sold by the Association,as attorney-in-fact for all of the Owners,
free and clear of the provisions contained in this Declaration,the
Map,"the Articles and the Bylaws.The sales proceeds shall be
apportioned between the Owners on the basis of each Owner's percentage
21
fe
interest in the General Common Elements,and such apportioned proceeds
shall be paid into separate accounts,each such account representing
one Condominium Unit.Each such account shall be in the name of the
Association,and shall be further identified by the Condominium Unit
designation and the name of the Owner.From each separate account the
Association,as attorney-in-fact,shall use and disburse the total
amount (of each)of such accounts,without contribution from one
account to another,for the same purposes and in the same order as is
provided in subparagraphs (b)(i)through (v)of this paragraph.
29.CONDEMNATION.
a.CONSEQUENCES OF CONDEMNATION:If at any time or times
during the continuance of condominium ownership prusuant to this
Declaration,all or any part of the Project shall be taken or
condemned by any public authority or sold or otherwise disposed of in
lieu of or in avoidance thereof,the provisions of this Paragraph 29
shall apply.
b.PROCEEDS:All compensation,damages,or other proceeds
therefrom,the sum of which is hereinafter called the "Condemnation
Award,"shall be payable to the Association.
c.COHPLETE TAKING:In the event that the entire Project is
taken or condemned,or sold or otherwise disposed of in lieu of or in
avoidance thereof,condominium ownership pursuant to this Declaration
shall terminate.The Condemnation Award shall be apportioned among the
Owners in proportion to their respective undivided interests in the
General Common Elements,provided that if a standard different from
the value of the Project as a whole is employed to measure the
Condemnation Award in the negotiation,judicial decree,or otherwise,
then in determining such share the same standard shall be employed to
the extent it is relevant and applicable.
d.PARTIAL TAKING:In the event that less than the entire
Project is takn or condemned,or sold or otherwise disposed of in lieu
of or in avoidance thereof,the condominium ownership hereunder shall
not terminate.Each Owner shall be entitled to a share of the
Condemnation Award to be determined in the following manner.As soon
as practicable the Association shall,reasonably and in good faith,
allocate the Condemnation Awardamong compensation,damages,and other
proceeds,and shall apportion the amounts so allocated among the
Owners as follows:(i)the total amount allocated to taking of,or
injury to,the General Common Elements shall be apportioned among the
Owners in proportion to their respective undivided interests in the
General Common Elements,(ii)the total amount allocated to serverance
damages shall be apportioned to those Condominium Units which were not
taken or condemned,(iii)the respective amounts allocated to the
taking of,or injury to,a particular Unit and/or improvements an
Owner had made within his own Unit shall be apportioned to the
particular Condominium Unit involved,and (iv)the amount allocated to
consequential damages and any other takings or injuries shall be
apportioned as the Association determines to be equitable in the
circumstances.If an allocation of the Condemnation Award is already
established in negotiation,judicial decree or otherwise,then in
allocating the Condemnation Award the Association shall employ such
allocation to the extent it is relevant and applicable.Any
distribution of the Condemnation Awardmade pursuant to this
sub-paragraph shall be madeby checks payable jointly to the Owners
and their first Mortgagees.
e.DISTRIBUTION:The Association shall as soon as
practicable determine the share of the Condemnation Award to which
each Owner is entitled.Such shares shall be paid into separate
22
accounts and disbursed as soon as practicable,provided that in the
event of a complete taking such distribution shall bemade in the same
manner as is provided in Paragraph 28(b)of this Declaration.
f.MORTGAGEE NOTICE:The Association shall give timely
written notice to each first Mortgagee of the commencement of any
condemnation or eminent domain proceedings and shall notify said first
Mortgagees in the event of the taking of all or any part of the
General Common Elements.
g.REORGANIZATION:In the event a partial taking results in
the taking of a complete Unit,the Owner thereof automatically shall
cease to beamember of the Association,and such Owner's interest in
the General Cornmon Elements shall thereupon terminate,and the
Association,as attorney-in-fact for such Owner,may take whatever
action is necessary and execute such documents as are necessary to
reflect such termination.Thereafter the Association shall reallocate
the ownership and assessment ratio determined in accordance with this
Declaration according to the same principles employed in this
Declaration at its inception and shall submit such reallocation to the
Owners of remaining Condominium Units for amendment of this
Declaration as provided in Paragraph 3l(b)hereof.
30.SALE AND CONSTRUCTION FACILITIES AND ACTIVITIES OF
DECLARANT:Notwithstanding any provision to the contrary contained
herein,Declarant,its agents,employees and contractors shall be
permitted to maintain during the period of any construciton and/or
sale of the Condominium Units in the Project,upon such portion of the
Project as Declarant may choose,such facilities as in the sole
opinion of the Declarant maybe reasonably required,convenient or
incidental to the construction,sale or rental of Condominium Units.
In addition,Declarant,its agents,employees and contractors shall
have the right to ingress and egress over the General Common Elements
as in Declarant's discretion may be necessary with regard to the
foregoing.Further,Declarant,its agents,employees and contractors
shall have the right to ingress and egress in and through both Units
during the period of the construction and/or sale of the Condominium
Units for the purpose of any required or desired refurbishment,
construction,maintenance or repair to such Units or the Building,or
any part thereof.
31.RECREATIONAL FACILITIES:The Project contains no
recreational facilities,and none are anticipated for future
construction.
32.MISCELLANEOUS.
a.DURATION OF DECLARATION:All of the provisions contained
in this Declaration shall continue and remain in fUll force and effect
until condominium ownership of the Project and this Declaration are
terminated,revoked,or amended as hereinafter provided.
b.AMENDMENT AND TERMINATION:Any provision contained in
this Declaration maybe amended,or additional provisions maybe added
to,this Declaration or this Declaration and condominium ownership of
the Project maybe terminated or revoked,by the recording of a
written instrument or instruments specifying the amendment or addition
or the fact of termination and revocation,executed by the Owners,as
shown by the records in the office of the Clerk and Recorder of the
County of Eagle,Colorado,of Condominium Units representing an
aggregate ownership interest of seventy-five percent (75%),or more,
of the General Cornmon Elements and first Mortgagees whose liens
encumber an aggregate ownership interest of seventy-five percent
(75%),or more of the General Common Elements (except that no
23
provision of this Declaration requ1r1ng the approval or consent of
more than seventy-five percent (75%)of such first Mortgagees may be
amended without the consent of at least the minimum number of first
Mortgagees whose approval or consent is required under such
provision);provided however,that in no event shall the undivided
interest of anOwner in the General Common Elements be decreased
without the unanimous consent of each Owner and each first Mortga gee;
and provided further,that so long as Declarant continues to own one
or more Condominium Units,which he is holding for rental or sale,no
right of Declarant contained in this Declaration maybe amended or
modified without the consent of Declarant.The consent(s)of any
junior Mortgagees shall not be required under the provisions o f th is
paragraph.The Association shall at least ten (10)da ys prior to th e
effecti ve date of any amendment to this Declaration notify all first
Mortagees of record o f such amendment.
c.EFFECT OF PROVISIONS OF DECLARATION:Each provision of
this Declaration,andany agreement,promise,covenant and undertaking
to comply with each p rovision of this Declaration,andany neces s ar y
exception or reservation or grant of title,estate,right or inter est
to effectuate any provision of this Declaration shall
i.be deemed incorporated in each deed of other
instrument by which any right,title or interest in the Project or in
any Condominium Unit is granted,devised or conveyed,whether or not
set forth or referred to in such deed or instrument;
11.by virtue of acceptance of any right,title or
interest in the Project or in any Condominium Unit by an Owner,be
deemed accepted,ratified,adopted and declared as a personal covenant
of such Owner,and,as a personal covenant,shall be binding on such
Owner and such Owner's heirs,personal representatives,successors and
assigns and shall be deemed a personal covenant to,with and for the
benefit of the Association and the other owner.
111.be deemed a real covenant by Declarant,for
itself,its successors and assigns,and also an equitable servitude,
running,in each case,as a burden with and upon the title to the
Project and each condominium Unit and,as a real covenant and also as
an equitable servitude,shall be deemed a covenant and servitude for
the benefit of the project and each Condominium Unit;and
iv.be deemed a covenant,obligation and restriction
secured bya lien in favor of the Association,burdening and
encumbering the title to the Project and each Condominium Unit in
favor of the Association.
d.PROTECTION OF ENCUMBRA NCER:SUbject to the prOV1S10ns of
Paragraph 26 above,no violation or breach of or failure to co mply
with,any provision of this Declaration and no action to enforce any
such provision shall affect,defeat,render invalid or impair the lien
of any first Mortgage,or other lien on any Condominium Un it taken in
good faith and for value and perfected b y recording in the office of
the Clerk and Recorder of the .County of Eagle,Colorado prior to the
time of recording in said office of an instrument describing the
Condominium Unit and listing the name or names of the Owner or Owners
of fee simple title to the Condominium Unit and giving notice of such
violation,breach or failure to comply;nor shall such violation,
breach,failure to comply or action to enforce affect,defeat,render
invalid or impair the title or interest o f the holder of any such
first Mortgage,or other lien or the title or interest acquired by any
purchaser upon foreclosure of any such first Mortgage or other lien or
result in any liability,personal or otherwise,of any such holder or
purchaser.Any such purchaser on foreclosure shall,however,take
24
·.,...'
subject to this Declaration;provided,however,that violation or
breaches of,or failures to comply with,any provisions of this
Declaration which occurred prior to the vesting of fee simple title in
such purchaser shall not be deemed breaches or violations hereof or
failures to comply herewith with respect to such purchaser,his heirs,
personal representatives,successors or assigns.
e.SUPPLEHENTAL TO LAW:The provisions of this Declaration
shall be in addition and supplemental to the Condominium Ownership Act
of the State of Colorado and to all other provisions of law.
f.NUMBERS AND GENDERS:
context shall otherwise provide,
plural,the plural the singular,
include all genders.
Whenever used herein,unless the
the singular number shall include the
and the use of any gender shall
Declaration
g.REGISTRATION BY OWNER OF MAILING ADDRESS:Each Owner
shall register his mailing address with the Association and,except
for quarterly statements and other routine notices which shall be
personally delivered or sent by regular mail,all other notices or
demands intended to be served upon an Owner shall be delivered
personally or sent by either registered or certified mail,postage
prepaid,addressed to the name of the Owner at such registered mailing
address.All notices,demands or other notices intended to be served
upon the Board of Directors of the Association or the Association
shall be sent by certified mail postage prepaid to Bruce D.Chapman,
Jacobson &Chapman,P.C.,143 E.Meadow Dr.,Suite 498,vail,CO
81657,agent for service,until such address is changed bya notice of
address duly recorded with the office of the Secretary of State of
Colorado.-
h.SUCCESSORS AND ASSIGNS:This Declaration shall be binding
upon and shall inure to the benefit of the Declarant,the Association
and each Owner,and the heirs,personal representatives,successors
and assigns of each of them.
i.SEVERABILITY:Invalidity or unenforceability of any
provision of this Declaration in whole or in part shall not affect the
validity or enforceability of any other provision or any valid and
enforceable part of a provision of this Declaration.
j.CAPTIONS:The captions and headings in this Declaration
are for convenience only and shall not be considered in construing any
provision of this Declaration.
k.NO WAIVER:Failure to enforce any provision of this
Declaration shall not operate as a waiver of any such provision orof
any other provision of this Declaration.
1.RULE AGAINST PERPETUITIES.If any of the options,
privileges,covenants or rights created by the Declaration shall be
unlawful,void or voidable for violation of the rule against
perpetuities,then such provision shall continue only until twenty-one
(21)years after the death of the survivor of the now living
descendants of the President of the United States,Ronald Reagan and
Governor of Colorado,Richard Lamm.
~IN WITNE~;~~TREOF'~rclarant
this J:L day of ,198-+-(/
~'i[U.[JJ!::;.~~:..u,.,C#':.U-<~<:::::t...::::
25
I •••
/7I.:
J..'e
STATEOF Colcrac\c )
)SS
COUNTY OF Arcl@h(,e .)
~otary
Address:CS Z Kathry n L Barren
9953 W.Canyon Ave.
Littleton,CO S0127
Subscribed and sworn to before meIN THE COUNTY OF ArQp7hCe
STATE OF .C.olerodo ,this ~~day of Auqust r 1984 b y
Jam~s :··B:".·.;·aayhur st.
MY..··c9~~,s~.(on expires:2 11'7/B'7
.'~f t !1 E!S s ::tiry ·..hand and official seal
-.:;.~,;.:...:~.."~;/~:~;.;...:::".
·,.··.~·.?i I P\S·)r,:
(S ··1)r.J .".."~:~>.~..~:>::..-
STATE "~F n o lcra::1b )
.)S5
COUNTY OF Arc.@<!.)
INTHE COUNTY OF ArApa hC:<:"
A UOUE:.t r 1984 byI
Subscribe d a nd sworn to be for e me
STATEOF CoIQrc.TI o,th i s 1C)"!b day of
.JUdLth ..E e .Hayhur st.
.~ly ."co inIli;ission expir es:2,1..'-,t]..:...'-:/e!7::....:.-_
W:ltn~$s·hlY>hand and official seal
.::{~·:~;~·~~}~~:)~}t \
..(Seal ~)\\'-'./.0 :"
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Nota ry'
Addre ss :
CSZ Kathryn L Barrett
9953 W.Canyon Ave.
litt leton,CO 80 127
-,""
26
..,.,
i .
STATEOF Culorc'dc )
)SS
COUNTY OF~)
Subscribed and sworn to before me ):N THE COUNTY OF Ad(XlrLG
STATE OF:CC1C fdr1 0 ,this Tl t:4 day of 8 ltq c6t ,1984 by
Deane 'F~·sargent..
My comm i as i'on expires:....1.1 /~/8'7 J0 eft b<.;)Witne·~_~.:.mr.:h ~n d and official seal cr;;t}?l2I.j2n?7J.{;fl /jI L&P
.·.,:·-./:C i ··:;\.\''-:·./·:A~~~~~S:Kalhryn L Barrett
(S ·e;~.l).......CS z 9953 W.Canyon Ave.
littleton,CO 80127
STATEOF GoIuc=rlo )
....)SS
COUNTY OF Arc1K1\1C)2)
Subscribed and sworn to be fore meINTHE COUNTY OF AroD5>hc-e
STATE o.~;g d Qrct1 Q ,thi s 2q~day of Auqust",1984 b y )
Cora .J.·~.,:'S a :r g e n t .
Hy :c:o mrnl~:s i'b.n e x p i r e s :2.1J'7 Ip;t']~.t 12Wij~~:,~.~~.:~~Y :~~~d and off icial seal l)zllt~@ ,2.2f!lj
.'.i ."....••..''."-'otary
····:·;>:U ~\\>::/:,.~?·>Address:Kathrfn L Ba:rett(Se;a~.~.;:>·.:'c.:.CSZ 9953W Ca A...'.'.':(,.•nycn ve.
STA~l ·o ;'1.!6 1 ~rcrl Q )Littleton.CO 80127
.'-::)SS
COUN TY 'OF ArdpY hoe.)
Subscribed and sworn to before meI N THE COU NTY OF Ardp:jhce,
STATE OF Qu !crado ,this ~!.lday of Au gjls t-,1984 b y
William K.Roudebush.~~l~~.;~:t:~~:,~.~n~x~~~e~~f~al{I ~:al ~Ll:kUPUi:&LU2 iZCrtiJ
.......:..,...:......;;:«.:-'._'..:"N tary
.':~'.:.'.:\'J,I {'.i i ;'-,~\'.::.Address:,
.:''",\-c";'.'":":".'."::.,'.'Kathryn L B:lH~U.(~ea~:)";i::'::'>;.;<::'.cs z 9953 W.Canyon Ave.,'.':!'••\'J 'I)..':\";::j l;i);~~<~:,.;:..:.:littleton,CO 80127
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SECTIONA
15)
4)
3)
0)
10)
13)
11)
1)
14)
11)
roundation d ••lqn baaed upon ..~.axl.~~11.~rin9
capacity ot 1500 pet and equivalent fluid pr...ura ot 45 pet
to be veritl~by •aol1.enqlneer at tl..of excavation.
All tooting.ara to bear upon natural undl.turbed ~11 or
cempact.ed atrtK:tural t 111 ••approved by U.acU.anqin_r.
suba1 t copy ot report to ~lne.r.
2)All foundation around peri_ter of atructur.eball have alniaua
troat protection ot ••-to bottqa ot tootl~9'
All concrete auat attain ainiaua co.pr•••lva atranqth ot 3000
pai .tter 11 d.y..De.ign ba.ed upon BUILDING COOE
REQUlREKENTS FOR UINrORCED CONCRJI:TK (ACI31I),1'89.
Reintorcing .e-l 18 Gradtl 40 for ...and 15 bar••f6 and
qreater to be Grade 60.a.into~t plac._nt .h.ll contor-.
'lith JlAHUAL or ST.um.utD PRACTla,U90 ..prepared by CRSI.
All lap .pl1c_to be ainl-.m 36 b&r di..-ter.,all horizontal
relntorcinq .~1 to be continuoua around comera and at vall
inter..ctlona •
5)All luaber to be Douq-rlr .2 or better.
I)Kicrol Ir••1 &lnutlctured by TRUll-JOIST CORPORATIOK.All
built-up "lcrol~.bea.s Must be q1ued vith PLAOO and nal1ed
vith 2 rowa ot 16d ap£Ae••9*DC.
W.va loa<te uaed tor d_190-
-Root-BO pat .nov.
-rloor-40 pat re.idantial.
-Decx'-lOO pat.
-wind.-25 pat.
-Earthquake-Zone 1 UBC.
All conatructiOft ~t ooaply vith the 1991 anitora Building
Code u adoptew:l by the Town of Vail Building Dapart.ent and the
-General Conditions ot the Contract tor construction-(ALA
Doc::u.nt A,201).
All be..,joi.ta and ratter.are to bear upon ....11.or be_
OR be hung ...ith SIMPSON Stron9-Tia hangar.or .pproved equ.l••
All connection hardw.ra a.aanutactured by SIMPSON Stong-Tia
or approved equal ••
All atructural _lIbera are abo"'"in their tinal poaitiona
properly braced and .upported,during con.truction it ..y be
necu.ary to abore portiona of tbe atructure wUe other
portions are beinq const.ruc:ted.Contact the structural
engineer tor consultation ..required.
Contractor i.r_ponsible for all non-.peeit ied connection.,
contact .tructural engineer for datail.a.required.
COntr.ctor i.to coordinate all diaphraqa penetration.(ie,
chianeya,p:luabinq .evera,etc.)through tloor.,root.and
tound.tion vall....ith appropriate .ub-contractor..General
Contractor i.reaponaible tor...an.,..thed.,techniqua.,
aequenc"end procedure.a ••ociatew:l 'lith thi.project.General
Contractor to verity ell dI..n.ions '11th architectural
dr....In~.'Notify .nqineer ot aUconfl1cta or oais.iona
betveen varioua eleaenta of the working dra",inc;J.and the
axi.tIP9 condItion.before co~inq v1 th that portion ot the
proj~t.
All ..terial.expoaed to exterIor and/or aoiature condition.
.hall be tr..tew:I for the.e conditions (le,chea.1cal traataant,
.t.ininq,paintinq,etc.)••required by code.
STRU CT URA L
SPECIFICATIONS
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