HomeMy WebLinkAboutVAIL VILLAGE FILING 10 GENERAL LEGALil
box 100
vail, colorado 81657
(303) 476.5613
office of the town managar
January 26, 1977
Roger l,J. Tilkemeier
Development Manager
Vail Associates, Inc.
Box 7Vail, Colorado 81657
Dear Roger:
Thank you for attending the Board of Directors meeting and presenting
the plans f6r the development of Lot l, Vail Village'l0th Filing. The
Boari would like to thank you for your cooperation on this issue.
The plan as submitted, indicating a wa1'l of Blue Spruce and Aspens
bordering'the Go'lf Course, a 40-ft. Uuttaing set-back from.the north property
line, and new Spruce trees at the east end of Lot 2, should provide . - .iufficient landicaping. l.le agree that the landscaping as proposed should
be adequate to protect the buildings..
The Board wou]d like to point out that there are inherbnt prob]ell|s
with residentia'l development idiacent to the Golf Course. It i: important
that the property owneri understand these prior,to building. They.must
respect the public's right to the use of the Go]f Course --- and they
wili not be iermitted to use the Go'lf Course as a playground. Although
the building'should be well screened and out of the way of errant drives'
ihere undou[teaty wil'l be g;roblerns in the future; as we agreed, golfers-
will be able to -retrieve gbtf Uat'ls from the yards of adioining properties.
The owners shou'ld use disiretion in the site and building design.
The Board wou]d also like to point out that they have-no 1ega1
responsibility for restricting the'development of Lot 2. Therefore, the making
of ihese recoirmendat'ions and lhe review oi your proposal shall not be deemed
in iliumption ot tiabitity for the District. As agreed upon, it is Vail
Associatbs responsibility to ensure that the site is developed-according to
Itre iiie ptan iresented in your correspondence of l7 January''1977 to the
Recreat'ion District.
Further, it shquld be understood that the Vail Metropolitan Recreation.
District doei not accept and is not'liable to the adjacent property owners
for problems resu'lting from the operation of the Go'lf Course. As the course
was beveloped prior t6 residentiai units, their status as the.existing use
prevai I s.
Page #2
Roger tl.Ti lkemeier
Again, thankfirst choice would
proposed will, be a
1-25-77
ai rman
you very much for working with us. .A'lthough oyl -,^---,---be to llave the1ot vacant, we think that the landscaplng
pleasant addition to the go]fing eiperience'
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lnun u box too o vail, colorado 816s7 r 303.470.5613
July 28, L975
(1)VaiI Associates, Inc.P. O. Box 7
Vail , Colorado 81657
Attention: (L) Mr. Richard E. Peterson,
President
(2') Mr. Andrew D. Norris, lIIVice President
(3) Mr. Frederick S. Otto,
Genexal Counsel
(4) !lr. ilames L. Viele,
Engineer
Town of Vail. ColoradoP. O. Box 100VaiI, Colorado 81657
Attention: (1) Town Council
(2) Mr. Terrell J. Minger,
Town Manager
(3) Mr. James F. Lamont,Director, Department of Community
Development
(2)
/,n,
Lots
Ms. Diana Toughi1l,
Zoning Administrator
1 through 11, Vail Village Tenth FilingRe:
Gentlemen:
After discussing this matter with !1r. Otto, we agreed that I
would prepare the contract to consummate the agreement concerningthe above referenced lots. Enclosed in each copy hereof is a
copy of the proposed contract. This instrument contains substan-
tially the same terms as \'irere set forth in my letter of ,July 14,
1975. ttlr. Norris appeared at the regular meeting of the Town
Vail Associates, Inc.
Town of VaiI, Colorado
'JuIy 28 | L975
Page 2
Council on iluly 15, 1975, and informed the council that VailAssociates, Inc., had agreed in principle to the terms in thatletter. Therefore, as far as I arm ahrare, the three parties tothis agreement have all agreed in principle to the terms con-tained in the proposed contract enclosed he-rein.
lhe original of the proposed contract and three copies of it areattached to the copy hereof which is addressed'to Mr. Peterson.I request, Mr. Peterson, that said four copies of the instrumentbe executed by Vail Associates, Inc., and returned to me as soonas practicable, this week if possible. After receipt of saidfour copies which have been executed by Vail Associates, fnc., Iwill have the contract executed by the Town of Vail, Colorado,
and then by the Vail Metropolitan Recreation District. The Town
Manager has the authority to execute the contract for the Tovrn'at any ti:ne. It may be necessary for the District to executethe contract after it has been approved by its Board of Directorsat its next board meeting.
After the contract has been executed by all three parties, theoriginal will be filed in the District,s records and a fuJ-ly
executed copy wiJ-I be delivered to both Vail Associates, Inc.,
and the Tolvn.
!tr. Norris suggested on JuJ-y 15, L975, that he did not think itis necessary to have a formal_contract. If only because the sta-tute of frauds, C.R.s. 1973, 8le-tO-t12, requiris that the agree-
ment be in writing to be valid and enforceable, the Vail- Metro-politan Recreation District and the Town both consider that it isin fact necessary for there to be a formal contract containingthe terms agreed upon by the three parties. Although some of theterms in the contract may have already been satisfied, other terms
have not yet been satisfied. The proposed contract is the onlyinstrument which sets forth all the terms agreed to by all theparties and it is certainly worthwhile to have all the terms ina single instrument. Further, the Vail lr{etropolitan RecreationDistrict and the Town know of no legitimate reason why there
should not be a contract which contains the terms agreed upon bythe three parties.
As indicated in my iluly L6, L975 letter, the Town Council requiresthat Vail Associates, Inc., execute the contract and return it to
me before August 5, 1975, for Ordinance No. 13, 1975, is due to
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(1) ' vail(2) Tovtn
Jul.y
Page
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Associates, Inc.of VaiI, Colorado28, L975
3
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be considered in the regular meeting of the council on th€latter date.
Metropolitan Recreation District
GAS/sjm
enclosure
.cc: Rodney E. Slifer
Chairman, Board of DirectorsVail Metropolitan Recreation DistrictP. O. Box 277Vail, Colorado 81557
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Sincerelv,c\.n ,l P\-.az=T. I l*
9ill-i:^..T::Y.,^,Attorney forlvail
CONTRACT
THIS CONTRACT, made and entered into as of JuJ.y 14,
L975, by and between vArr-, AssocrATEs, rNc. (hereinafter referred
to as "VAI'), a Colorado corporation, party of the First part,
TOWN OF VAfL, COLORADO (hereinafter refeged to as ',TOVrr), a
colorado municipal corporation, party of the second part, and
VAIL METROPOLITAN RECREATIoN DTSTRICT (hereinafler referred, To
as 'TVMRD''), a Colorado quasi-municipal corporation, party of the
Third Part,
WITNESSETH:
For and in consideration of the premises, the mutual
covenants and agreements herein contained, and other valuable
consideration, the sufficiency and receipt of which is hereby
acknowledged, the parties hereto agree as follows:
1. VAI will gratuitously dedicate to TOV three lots,
described as r,ots 9, ro, and ll, vail virlage Tenth riling, with
the use of sai-d lots to be restricted to recreational purposes,
said dedication document to be delivered by the grantor to the
grantee within thirty days from the date hereof.
2. Lot 1, VaiI Viltage Tenth Filing, owned by VAI ,
will not be sord or developed for a period of at least twenty-
four nonths from the date hereof and until such time thereafter
as the prospective impact of its development on the Vair Golf
course, owned by WIRD, can reasonabry be determined; said impact
determination will be made at the sol-e cost and expense of vAr,
which will furnish copies of said study to \ZI\4RD and TOV; the
parties hereto presently contemprate that development of said lot
for residential purposes will reguire vAr at its sole cost and
expense to rengthen and/or widen the tee of Hole No. 5 of said
golf course in a manner acceptable to VMRD; any d.evelopment of
said rot wirl reguire the prior written approval of Tov. and a
condition precedent to said approvar is a determination by said
municiparity that the pnoposed deveropment will not be detrimen-
tal to said golf course.
Contract
/.....'
...\
3. 'Lot 2y VaiI Village Tenth Filing, owned.,/
may be sold and developed provided that the following
precedent are first satisfied.
Page 2
by VAI ,
conditions
times after the date
to retrieve their
ment for
exrsrrng
access of
nel, and
delivered
"the date
A. VAI will gratuitously grant to VMRD an ease-
the tee for Hol-e No. 5 of the vaif eolt course and the
golf cart path adjacent to said hole and tee, allowing
goJ-fers, golf carts, and golf course equiPment, person-
other persons authorized by VMRD, said easement to be
by the grantor to the grantee within thirty days from
hereof.
B. The location of anv house or other structure
will be restricted so as to minimize the impact thereof on said
Hole No. 5; before commencing any development VAI or its succes-
sors or assigns must first obtain the prior lvritten aPproval of
WIRD for the location of a proposed structure, which approval will
not be unreasonably withheld.
C. VAI at its sole cost and expense will plant on
said lot a row of trees so as to extend the stand of trees exist-
ing on the north side of said lot in a westerly direction across
the bench, the type, number, size, and location of said trees to
be acceptable to \ ilRD, which acceptance will not be unreasonably
withheld, said planting to occur within a reasonable time after
the date hereof.
D. VAI will prohibit at alL times after the date
hereof the erection of fences or other obstacles on the north side
of said lot which would interfere with golfers playing said Hole
No. 5.
E. VAI will guarantee at all
hereof that golfers may enter upon said 1ot
golf balls.
4. Lot 3, VaiI Village Tenth Filing, owned by vAI , rdY
be sold. and developed without special restriction.
5. Lots 4, 5, 6, 7, and 8, VaiI Village Tenth Filing,
owned by VAI , frdy be sold and developed. provided that the deeds
Agreement Page 3
for said lots each contain restrictions specifying that any
development must satisfy the special building conditions set
forth in a report entitled "Avalanche and Mud Flow Defense"
dated February L975, which is in the records of ToV.
6. The road indicated on the reJorded plat depicting
Vail village Tenth FiJ-ing will be shortened so as to provide
access only for Lots 1,21 31 4,5,6,7, and B of said subdiv-
ision.
IN WITNESS WHEREOF, the parties hereto have caused this
.instrument to be executed as of the date first above written.
VAIL ASSOC]ATES, INC.
Secretary
and
TOWN OF VAIL, COLORADO
Tohrn Manager
ATTEST:
Town Clerk
and
VAIL METROPOLITAN RECREATION DISTRICT
ATTEST:
By:
By:
Assistant Secretary
Chairman
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ORDINANCE NO. 13
Series of 1975
AN ORDINANCE REZONTNG LOTS 9, 10, AND 11,
VAIL VILIAGE TENTH FTLING, APPROVING AN
ENVIRONMENTAL IMPACT REPORT AND DEFENSE
AND IMPOSTNG SPECIAL BUILDING CONDITIONS
ON LOTS 4, 5, 6, 7, AI,ID 8, VAIL VILLAGE
TENTH FILTNG. AND AI4ENDING THE OFFICIAL
ZONING MAP
WHEREAS, on the Official Zoning Map of the Town of
Vail, Colorado, Lots 4, 5, 6, 7, 8, 9, 10, and 11, Vail ViJ-lage
Tenth Filing, are currently zoned as Two Family Residential
District (R) t
WHEREAS, Vail Associates, Inc. ' the sole owner of said
It
1ots, filed a pet5-tion -for rezoning with the Zoning Administrator
on the 4th day of April , L975, requesting that special building
conditions be imposed on said lots 4, 5, 6,7,. and I in accordance
with the environmental impact report and defense relating thereto,
and that said lots 9, 10, and 11 be rezoned as Agricultural and
Open Space District (A) with their use restricted to recreetional
purposesi and
WHEREAS, the Town Council considers that it is in the
public interest to approve said environmental impact report and
defense and to impose special building conditions on said five
l"ots and to down-zone said three lots so as to restrict their
use to recreational purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCI], OF
THE TOWN OF VAIL, COLORADO, AS FOLLOWS:
Section 1. Title.
Lots 9,
Lots 4,
This ordinance shall be known as the "Ordinance Rezoning
10, and 11, and Imposing Special Building Conditions on
5, 6, 7, and 8, Vail Village Tenth Filing"
Section 2. Amendment Procedures Fulfilled; Planning
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Commission Report.
The amendment procedures
of the Zoning Ordinance, Ordinance
prescribed in Section 21 .500
No. 8, Series of 1973' of the
Fordn-eTdF
o
ord. 13, l-975 Page 2
Town of Vail, Colorado, as amended, have been fulfilled, vtith
the report of the PJ-anning Commission reconmending the enact-
ment of this ordinance.
Section 3. Rezoning.
Pursuant to Section 2L.506 of the Zoning Ordinance'
Lots 9, I0, and 1I, Vail Village Tenth Filingf are hereby
rezoned from Two Family Residential District (R) to Agricultural
and open space District (a) wittr their use restricted to recrea-
tional purposes.
'section 4. Approval of Environmental Impact Report
and Defense; Imposition of Special Building Conditions on Lots-
Pursuant to Sqcdlon 16.503 of the Zoning Ordinance,
the environmental impact report relating to Lots 4, 5, 6,7, and
8, Vait Village Tenth Filing, entitled "Avalanche and Mud Flow
Hazards on Tenth Filing and Katsos Ranch Properties" dated
September L974, and the defense thereto, entitled "Avalanche
and ltlud Flow Defense" dated February 1975, are hereby approved
and the special building conditions set forth in said defense
are hereby imposed on said 1ots.
Section 5. Amending Official Zoning Map.
As provided in Section 1.203 of the Zoning Ordinance,
the Zoning Adminislrator is hereby directed to promptly have the
Official Zoning Map physically modified to indicate the rezoning
specified in Section 3 hereof and the imposition of special
building conditions specified in Section 4 hereof.
' Section 6. Effective Date.
This ordinance shall take effect five days after pub-
lication following the final passage hereof.
town-ETerE
o
ord. 13 | L975 Page 3
INTRODUCED, READ ON FIRST READING' APPROVED, AND
oRDERED PUBL,ISIIED ONCE IN rULL, thie 15th day of,July' L975'
and a public hearing on thl,s ordinance shall be heLd at the
regular meeting of the Town council of the Town of vail, colo-
rado, on the 5th day of Augrust, Lg75, at 1:30 P.M., in the
ttunicipal Building of the Town.
ATTEST:
Town Clerk
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READ ON SECOND
ONCE IN FULI,,
. :.4 ) t;: .,,
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Page 4
READI}IG, APPROVED, ENACTED,
this 5th day of August,
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Town Clerk
|- , .-./
PROTECTIVE
OF
VA]L VI],i.AGE,
EAGLE COUII'J'Y
COVENANTS
TENTIj FILTNG,
, CoLORADO
. WHEREAS, Vaij Associates, Inc ., a .Colorado cor"poration,is the owner _of the folJ-owing-clescribed fands:
_ Beginnil)g at tire Eas.l- cluarten ccrner of Section B,Township 5 South, rar.rg',(i g0 West of the 61.h pr.incipai
Mer.idianr.L-a1rle County, ColoracJc, being the True point
3l *ggj-"nlng.i thence l,iorth 0Oo 23 ? 03" East ;mg-TEefiast l_-rne o1- sai-d Sect:'_r:' B a di.stance of 660.00-feet;thence south Bgo 23 ' 2rrr East a dist-ance of r-5.06 feetto a point on .: culrve on the r/est r"ight-_of_nay fine ofPtarmigan Roaci;.th9n9e a.l-ong said lje;t rignt_6f_way linea dista:rce of 62.+'r fee.t on the ;rr.c of a Iu*,r. to trrenight, said cur've traving a racL_ir-rs of 265. O0 f eet, agg3ti?l a.ng1e of f 3'J 30' ?4'r ;rircl a chord beari:rg north43" ]Br 41tt West 62,33 feet clistant I thence South q3., 2B r15't trdest a di.starrce of r05.00 feet; thence south ogo zai 00rlIrrest a distancer o.f, Tl_6 .?.2 f e-e.t-. Llrr:nce Sor:.1-h g?o Sg ? 00,,idest a ciistarrce of l5O. CO f eet i t],u,,,,.. South i" oi; 00;;East a clista'ce of 35Lr.7B feet r;o a point on the south lineof-the Northeast quarter" oi'- sa:',c1 seciion B; thence Nonth890 +2t 37'*East afong sairi South line a distance of 867.1_8feet to the at'..1g-poini_of beginning, inc:-uci:.-ng all of Lot A,Bloc]< 3' vail vilr-age se,renth rili;g and contl..-r,i"g ioliis-''acres rrore or less.
WHEREAS, Vail Associates, rnc. , herein.e.ften sometimes ref erredtg g" orvnen, desi-r"es to place cer.tain restnictions on the TenthFiling, fo. the benefit or the Ownen, and i-r-s nespective g"..iu"*,succcssrors; "rnd assigns, in order to establish arrci r:naintaii thechar"ac'Ler. and value of r.eal estate in Vail Vil1aje.
NOI'I TfiEREFORI:-' in consicleration of ti.re pnelnises, Vail Associares,rnc', f or" itself and its g"o"tu"r, successors and assigns, doesh9r-eby impose, establish, publish, ackrowlecrge , declare and agi:eeI'rit-h, to and for the uenerit of ar1 persons vrho rnay hereafterp'rchase.r'lease and frorn time to time so own or irold any oi tt"T*acts and Lots in Vail .vilrage, Tenth Filing, that it orvns andholds af I of the lands in VaiL V.]I1og", T'entfr Filing, subject
.ll- ll" following rest'ictions) covenants, and condiiionsr"ali ofb/nrcn shirlI bc deemed to r"un with the land and t-o inure io thebenefit of and be binding upon flre Ownen, i-ts::espective gra'tees,successol.s and acsiens.
1. PT,AN}J]NG AND ARCIIITECTURAL CONTROL COMMITTIE
1.1 Cornmittee. The Planning and Architectur.al Control
Comrnittee, he:reinaftet referred to as, the Committee, sha1lconsist of fi.re members who shall be designated by the Owner, itssuccessors or assigns, to review, study, and approve or rejectproposed improvements wi'Lhin the area described in the l,tap ofVail Village, Tenth Filing, of vrhich these restrictive covenants
;r rc m: d p : r'\.a r'1+
The Cornmit"cee shal-l marke such rul-es and
proeedures as it uray deem appropriate to
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l-., 'l -,,^ -.*-lJ..,y -r_c1w- cttltl
onr;enn i f .r
2 Ru1es.
.r.li-iT-E,.,1'
n*^ ^ ^ ^.1 i ^ - -y! \r\-ss\rr1r5o
I ? r^rro-val L{ llan. No building, out building, fence,'- 'f- r
---wall- or other inprovernent shal-l be constructed, er:eeted, ormaintained on.rny Tr'act or Lot, nor shaff any addition theretoon al-'teration thenein be made r-rnti1 plans an<l specifications
sirowing the cof or, l.ocation, rna tcrials , landscaping , and suchothcr information r:efating to such improvemen L' as the Conmitteerr:1\/ h6--rc/'\n:rF.'l r, -,-.orrine shal r have been SUbmit.Ced tn ;,nd annr.nrrnrlu rJs(=J.l - rJLrtlrr L L q: \.1 L\J qr lt]'lir' +.|'^ n^---i +r-^^ in r.r",r.i+.i--DJ
1,4 Cri*^-i- -r- --^-: a"al' ^'r -rs anr'l soecifieat'the cornmi'utee "l#F#nuiil=l"""rng
uPon sucn p-Lar' -r-''-cruJ-ons;
l-.4.1 The suitability of the improvement andrnateria]s of wtrich it is to be cronstl"i-rcted.to'lhe site upon whichit is to be loc.rted:,.
I
impnovemen-bs I
Iin any proposed
4.2 The nature of adiacent and neighboring
4 . 3 T'he quality of the matenials to be utilized
imDrovement: clnd
I .4 . 4 The ef f eCt Of anv nnonosed j lnnr nrramanf nn- *^'Jthe ou't-look of any adjacent o:: nei_ghhoring property.
ft shall be an objective of the Committee to makecer"tain that rro improvement will be so similan or so dissimil-anto others in the viciniLy that values, monetar.y or aesthetic, willbe impaired.
1.5 Effect of The Comrni_tteers I'ailure to Act. In theevent the Commffii.ovcffirs andspeci r icat: o,.'" =.,i,iiii.i"t."i;";; ;;;""" t".v-'i6b; ";";;';i Sijtn':."
" i.o,.,and no suit to en joirr the construction has been commenced prion'l'n l"1r r: nnmnla+.in'1 tha-onf .ennn^rraf Shafl ltot be feou jr.ed and the) aPYL J- lI\J L rJs I eYqr!related covenan.ts shall- be determined to have been fu'llv oomn] 'i erlwith.
LAND USE
Tl.re lands in Ver:'-l- Village, Tenth Fi1i.ng, sha11 be usedfon the following purposes:
-2-
NOTI,/ITIISTAIIDIIIG the foregoing'
to'the above uses and restnictions shall
to the SubSect Lands;
2.I The numberecl Lots Ir.2r 3, 4, 5, 6, 7, Bt 9) 10
and 11 sha]I be used only for private resj.dences, each to contain
not more than tv;o separate living units.
2.2 Tract A, hereinafter call-ed the Subject Lands, sha11
be usecl and naintained at all times as a vacant and undistunbed
open area in its na'cural- condition and no structune; bui'lding or
irnrnrro-ont nf ;rnrr kind on 6,}l,1 1^6 lian u:lrol-hror tFmDorary on pel)manent,rr-LP! v L vr urrJ - -"'ftn.y b" erected or mairitained thereon ) no vehicular traffic or
nankinrr of anv lcind or natu:re shall- be permitted upon) across or
Itrrougtt tl-re Subject Lands. No part of 1he Subject Lands sha1l
be used I'or camping or overnight stays by any person or Persons '
Nor shal1 there by pernitteci, I'rithin on upon the Subject Lands
any infortral or organi.zed public or pr'ivate gathering nor any
other act by any per'son or pet sons, which in the judgment of
fhe Or^rnr" n - m:\/ ltcFac.. - :lfr,7, d6,strov on damap'e -Uhe naturalLrr u vwrrL! : rrr(lJ t ur lua ) vv v
condition of the vegetat'i on olLhe aesthetic value of tlie naturaf
enrri nnnrre.n ta I cr:p 1 i +rr af +l,a ar,l^ri ec b LandS . Tract A may beLrr YurrrrJ vf, Lrrv uuvJ
dedicated bv the Owner to public use.
the foll-ovring EXCEPTIONS
l'o nar"nri l--t-orl r^r'i f h r',FsDFr-trJ <- P(:!
:1- , Impr'ovenents necessar'y t des j-rable or conven j ent
f.on thL provision and maintenance of utility services
-r .\-r ,-_ .i _.,_-... ,a,.,.r +hh^,,_h O:: UndefJlldV jl \._. U()lr> LI l,lu Lt-l,t clllJ l-lc.arl rct+rrL-J r:1! vsit
th; Subject Lands; provided that such improvements
shall- not cause permanent disrupLion or altenation
to the surface of the Subj ec't Lands; and
2. The riding of horses, ponies ' donkeys and mules
through the above described l-ands is expnessly per-
mittcd as well as any othcr equestrian related usage
which will not unreasonably affect t-he natunal condition
of the veeeta'Lion or the aesthetj-c value of the Subject
Lands.
3. Hikcns, pedcstrians, and bicycles are expressly
permitte<1 to travel hereon provided the surface of
Subject L,ands is not unreasonably damaged by said
activities.
4. Improvements for fire and Pof j-ce protection on
the Subject. Lands, provided that suc}t improvements
sha1l confo::m to the architectural standands
The 0wnen reserves the night to rnake additional ::estr:ict-
ions and l-imitatjons upon use not inco:npatibfe with the foregoing
nor l-ess restrictive than any applicable regulations of any
governmental agency. Any ad<1it-ional restrictions may be included
in instruments of coltveyance or l.ease and by supplement to these
pnotective covenants to be filed in the office of the clenk and
Recorder of Eagle County, Colorado.
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EASEME}'ITS AI.ID RIGI]TS-OF_WAY
3.1 Easements anci riphl _ ^r: .-_.- rj^_ 1.: _L!.:*_ 1^^_+:_-
erectricity , Bas ,
=i.i.it.i :,';:r;:;-#;-3'.":;;r:'i;:i'iiir'i! , "iilii"t
paths, and any other kind of public cr quasi-public utility
ser?vr-ce are reserved as shor^rn on the plat of Vail Vi11age, TenthFiling. No fence, waIl, hedge, ban:ier. or other improvernerrtshall be enected or maintained on) across on within the at easneserved for easements and rights-of -r^7ay, non in such closepnoximity.ther:eto as to impair the access ro or use theneof.
3.2 Easements fon dnainage punposes ane reserved as
shown in the plat of Vail Vilfage, Ten'Lh Filing.
3.3 Easernents fon dnainage pur.poses reserved in thesecovenants arrd on the Vail Village, Tenth FiJ.ing plat shall beperpetual
3.4 Easements adjacent to a lot but outside the boundariestlrereof nay bc appropriately landscaped, subject to the provisionsof these covenants, by the owner of r-he lot, but in the event
strnh I prr j.tn;,ni no i q ;i <rf rrr.'l-rar-l ]117 ,,o^ ^a -F1- ^ ^rr^h^rr+ -r6a nncJ- :enrlLur,u\r rJj LID\-: \rJ- LttC ed.DCIILE.r L , Llrs \_\JJ L cllrlr
eXDenSo of r.eq.f nni ns srrr-h l:nr'lqr,:^ j na ct-, - I .t H^ (,^l o.l rz ih.af ^f thauu\-rr -rqrr,ro!_el-,J-tlts Dtla_LI Ug e(.,r\_-!Jowner of the lot.
4 . SIGIIS . I'lo signb , billboa:rds , poster boards o:r advertis ingq+hr''-'J 'IlYla k jnd shall- be erec t:cd or rnaitrt.rinorl on anv I o1s!- r.(:\J \JJ- llra.-I,lt LcL-Llrv\f vrr qrrjor struc turc f or any purpose whatsoever, except suclt s:'_grrs ashave been approved by the Conu:rittee as reasonably necesiary fonthe identification of res:'-dences and places of busi.ness.
b. wAl'Ltt 1\l'lD SE!'JAGE. Each stnucture designed for occupancyon use by hunan beings shall connect with the water and sevragefacilities of the Vail Water and Sanitation Dj.strict. No pnivatevlel-l shall be used as a soulrce of waten f o:: human consumption onirrigation in Vai-I Vil-lage, Tcnth filing) nor shall any iacilityotherthan those provided by the Vail Water and Sanitation Distr,ictbe used for the disposal of sewage. I'lechanical garbage disposalfacil-ities shall be provided in each kitchen or food preparing area.
6. TRASH AND GARBAGE
6.I Di Snns:'l nF Tr';r qh and C:r-lrao.' l{n fr'.a.rh - aqhaq r-r nother reluse may be thrown or drrmped on any fand within Vail_Vil1age, Tenth l'iii-ng. The burning or refuse out of doors shallnot be perrnitted in Vail Vi11;ige, Tent).r I'iling. No incinenator orother device fonthe burning of refuse indoors shal1 be constructed,installed or: used by any p."=on except as appraove<1 by the committee.
IJach proper.ty ownen shall provide suitable receptacles for thecollection of ::efuse. Such receptacl-es shaf l- be screened f r:ompublic view and protected from distuirbance.
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6,2 Definition. As used in this Section 6, iltrash,
sanba <lc o?. n'rt,his.].r sfETl inclu.de wi str. - r,r.i oorarl6sr vq6e v u!!_rsn " $nail l_nc-Lu.de , * *J , val ueless orwonthless matter, material-s and debris, useless, unused, unwaRted,or dj.scanded anticle! fron an ordinarrr hcrrrsehr,-l d - waste from the
nr.en.aner'i nn ^^^;i;;-- -:;'-'^:--*;:-"
-' rrvru r
u Lr\J,r, .'.,.rking, and consr.tmption of f ood, market refuse ,was'te from the handling, storage > prepcllslion or sale o:- pr:oduce,tree branches, twigs, grass, sh::ub clippings, weeds, leavesr andothcr gcneral yard and garden waste rnaterials; br.rt shalr notinclude food or food pnociucts to be preptrred over outdoor oropen fires nor wood or othen ma.terial-s used for fuel in fineplaces,
7. LIVESl'OCK. No animals, livestock, horses or poultryof any kind shafJ- be kept, rais;ed on br:ed in Vai1 Village, TenthFiling, except in areas designated for such pui'poses by-the commitree,atrd excep't that dogs , cats and other horrsehold animals mav bekept only as pets.
B. TREES. No trees shall be cut, trimmed or nemoved inVail Vil-1age, Tenth Filing, except with pnior written approvalof the commi'L-tee and by persons designated by the committee
9. SET BACK REQUIREI'IIINTS. There shal_l be a generalrequirenent for the l-ocartion of iinproveinents with relation L<.>pnoperty l-jnes, as de$cribcd by the Town of vait Zoning ordinancesand the Ar"chi.tectural Control Commi'l- tee. fn cletenmining the. ononerplocation for each irnpnoveinent, the commi-Ltee .h"1i--';;;;ia"""til""'-
i;:":i:il.:'";"i: il:g"i's.::::i: :*i::: :''^:t; "
" ::."1+*::":^::?t::.u'or aesthetic conif;;;;ti;;;'""' ii'"#I;";.il"";;;;";i;;;. r'\'.e Lq r v
10. AREA REQUIREIIIJIITS. No structure designed for humanuse or irabitation shal"f be construeted unless the agg:regate floon
3il5ii ;:"il.:;:"31 3f"io8"lllifu ?::iT"";;; E:ffi:il:l :il:,i""ases'detenmine fnom the design of th. improvenent whether an area whichis pantially below gnade shatl quafify as areas to be includedwith-in the mininum oerrni ss'i bl a " t "a.
l-1. TRADE NAl"lES. No i.nork, name, symbol, or combinationthereof shaII be ttserl to i denf i f rr f nn r'nmmnr"ni;r't Frrhn^-^F - r\^,,- ^u-L(.f P(.r! P\JDCi) ct .tlULtSC,stnucture, business or service in Vail viltage, T-enth I'i1ing, unlessth.e same shal1 have been first approved in wiiiing by the c6mmittee.
12. SIICONDARY STRUCTURES. l'Jo secondany cletached structunesshall be perir,itted except for garages and other out buildings asapproved by the Committee.
13. TEMP0RAftY STI{UCTURES - Nn f ornnor''n\/ <vation, ;;;.^;;t, trairer or tent' "nlir'f;'Jo;:ffi1.;:5'i1"il5i,.'iliii"r",Tenth Filing, except as may be necessary dur.ing construction andauthor-izect bv thc Comrnittee, ancl exocpt tenporiny protection forathletic facilities,
-5-
14. CONTINUITY 0F C0NSTRUCTI0N. A1 l- structures coll'rnenced
in Vail Village, Tenth Filing, shal1 be prosecuted diligently
to completion and shall be. completed within 12 months of commence-
ment) except vrith wr"itten consent of the Committee.
15. I'IUISANCE. No noxious or offensive activity shall be
canried on nor sh.rll anything be done or permitted rvhich shall
constitute a public nuisance in Vail Vi.1lage, Tenth Filing.
16. EFFECT AND DURATION 0F COVENANTS. The condjtions'
na,str,i cf innr-.r - e 1 -: ^ . , r - r . r' ^ h r ---l,^mentS and COVenantS COntained! sD LI I\- L-L\-/llr: u L-LlrLl-Lct Ll\rll> t otir es
hereirr sh.rII be fon the benefit of and be binding upon each lot,
block and tnact in Vail Village, Tenth Filing, and each ownen
nf rr+.'nr'ror.irr 'fi-rar"ain hrt.l qrrnr.o!:qarnq - rFnyapsientati'_ I -^^i-_^r- r .,-a '-vc> dllu ctDD-LBrrD
and shall continue in fu11 force and effect until .Ianuary I,2022,
at r"ihich tir.re they shall- be automatically extended for five suc-
cessive tcrms of ten years each.
17 . AMENDI"IENT. The condi tions , restrictions , stipulations ,
agreements and covenants contained herein shall not be waived,
abandoned, terrninat-ed, or amerrdcd excePt by vmitten consent of
the owners of 66eo of the privatety-owned land i.nc-Iuded within
the boundar^ies of Vai.l. Village, Tenth Filing, and the same may
.be then shown by the plat on file in the office of the Clerk
and Recorder of Eag1e County, Cc>lorado and filing said amendment
with the Clerk and Recorder of Eagle Countv, Colorado ap4filing said anrencilLent witl-r the Clerk of -Lire T'own of Vail ifland i-s within the Town of Vai] iurisdiction.
]8. ENFORCEMENT.
18.1 Procedure fon Enfoncement. If anv Der.son shallviolate or thneaten to violate any of the pnovisioni of this in-strument, Vail Associates , f nc . or i-t-s succesrior.s or assigns, ot:any owner of ::eal property in Vail Vi11age, Terrth Filing, hisagents or employees, may, but vnithout obligation to do so, enforcethe provisions of this instrument by:
18.1.1 entering upon the property nhere theviolation or threatened viol-ation exists and nemoving,
::emedying and abating the violation; such self-helpshafl only be exercised aften having given fifteen(15) days pr:ior written notice to the owner or ownensof the property upon ivhich thc viol-ation exists andprovided'the oivnei: shall have failed within such timeto take such act.ion as may be necessany to conform tothe covenants I or
18.1,2 instituting such proceedings at law orin equity as may be appnopriate to enforce the pro-visions of this instrument, i.ncluding a demand for in-
irrnetive r.el ir.f tn r'\'np\/r'rri nra nomp6ly the thneateno-d OI.
nx'i sJ- jns vinlefinns o.f tliese covenants and for d4p;c,es
18.2 Notice and Service of Process. Each ownen of
-6-
real property in Vail Village, -fenth Filing, hereby
appoints t-he Town Clerk of the Town of Vail- as his
agerrt to receive any notr-ce provided for herein and
to accept service of process in any court proceeding
brought to en{orce the provisions of this instrument.
Any notice requireo under this Section l-7 sha11 be
written and shafl- speci-f1, the violation or threatened
violation objected to, the propenty subject to the
violation and shall- demand conpl-iance with these
covenants within fifteen (15) days after' the giving of
such notice. ff after. reasonabfe effort the person'giving the notice shall be unable to deliven the
same personally to thc person to whom it is dinected
and sha]l be unable to obtain a returll receipt
showi.ng delivery of notice to tlre person to whom it
is directed, t-hcn the required notice shall be deemedsufficiently given if posted upon the property describedin the no-Lice ancl maifed to the last known address
of the person to whom the notice is dir"ected.
19. DEFINTTION OF PROPERTY OI'J].JXII
As used in t-his instrulnenL, the phr:rses rrreal property
ol/nerrr or ttowner of :real- prcperty" shaLl mean any natural person!
panL-nez-ship, con;ora L:.on, a;scciation or othe r business entity'or nel.ationship wh:lch shall own an estate as a co-tenant or othen-wise in fee simple or for a tern of riot fess than f orty-n j-ne (Ltg)
V€cr]aS in anv nortion of the lands incl-uded within the boundariesl-^€ rr- -"1 r' -'.' '1 - -€\ - 'l'pntlr Fi'l -i no . Srrch nhrr.r sr,s shall not include\rr vcLrJ v I _L _L(rl-;r- ) LsltLrr r rJ-.LllB. lJ(.1\_lr l./rrro!rso otwithin their meaning the holder on owner of any lien or securedintenest in lands or improvernents ther-'eon within the subdivision,nor any pcrson cl-aimjr)g an easemcnt or night-of-way for utility,
transporta L-ion or other purpose through, over ol. across any such
lancl s
20. SEVTRABILITY. Invalidation of any one of the provisionsof this inst.r.ument by judgntcnt or court order on decree shal1 inno wi-se affect any of the ot}rer provisions which shall- remain j-n
ful-l- f orce and eff ect .
EXECUTED THIS , f 973.
VAIL ASSOCIATES, INC., a
Colorado Cor-poration
By
ATTEST I
r?nher J- l[. Ilnfr. \/ice Presidentrrv L L t
Janes R, Bartl-ctt, Secnetar"y _ I _
STATE OF COLORADO
COUNTY OF EAGLE
thi s
The foregoing instrument was acknohrledged befone meday of , 1973, byR0BERilI. mrr-s vicr pffiR. BAR'ir,Eri as
SECRETARY of vArL ASSOCTATES, rNC., a colorado corporation.
Wrtness my hand and officiai seal.
My Commission exp:'-'nes :
---Totarv
Fub-TTc r
-8-
box 1oo r vail, colorado 8r6sz
August
(1) Vail Associates, Inc.P. O. Box 7
VaiJ-, Colorado 81657
Atlention: (1) Mr. Richard E. peterson,
President
(2) Mr. Andrew D. Norris, III,Vice President
(3) Mr. Frederick S. Otto,
General Counsel
(4) l{r. James L. viele,
Engineer
(2) Town of Vail, ColoradoP. O. Box 100Vail, Colorado 81657
Attention: (1) Town Council
(2) Mr. TerrelL J. Minger,
Town Manager
r 303.476-6613
5, 1975
(,',
(4)
Mr. James F. Lamont,Dj-rector, Department of Community
Development
Ms. Diana Toughill,
Zoning Administrator
Re: Lots I through J-I, Vail Village Tenth Filing
Gentlemen:
As a consequence of a discussion this afternoon involving Mr.Otto, Mr. Rodney E..Slifer, and me, I have again redrafted theproposed contract concerning the above referenced lots. Theoriginal- and four copies of the redrafted contract are encrosedwi-th the copy hereof which will be delivered by messenger to Mr.Ottors office this afternoon.
o
Vail Associates, Inc.
Town of Vail, Colorado
Aug"ust 5, L975
Page 2
Mr. Otto gave hi-s assurance to Mr. Slifer and me that thisredrafted contract is acceptable to Vail Associates, Inc., and
he was assured that it is acceptable to the .Town of Vail, CoIo-rado, and Vail Metropolitan Recreation District. Mr. Otto aLsosaid that he would endeavor to have the contract executed byVAI and returned to me today before the commencement of the Town
Councj.l regular meeting at 7:30 p.M.
Mr. Slifer said that the VMRD Board of Directors will considerthe contract in its regular meeting on AugusL 7 , 1975, presumingthat it then has possession of the contract and it has been exe-cuted by VAI . Assuming VAI returns the contract to me as agreed,I will deliver it to the WIRD board.
After the contract has been executed by both VAI and Vl,lRD, it willbe executed by the Town Manager for TOV.
Supplemental agreements to the contract are required by paragraphs2 and 3D of the contract. Mr. Otto agreed to prepare said agree-ments and deliver them to me as promptJ-y as practicabl-e.
I will attend the American Bar Association 1975 Annual Meeting inllontreal and be away from Vail from August 6, L975, to August 15,L975, and return to work on August 18, L975. Upon my return to myoffice on August 18th, I trust I will find the supplemental agree-
ments
On the basis of Mr. Ottots personal assurance that VAI will irnme-diately execute the redraftLd contract that is enclosed, I will
reconunend to the Town Council that it approve Ordinance 13 , L9"15,on second reading in its meeting this evening and enact said ordi-
nance.
L
Sincerely, _\ /c'-+.Hhcene A. SmiphAttornev fdr VaiL
Metropolitan Recreation District
cAs/sjn
cc: Rodney E. SliferP. O. Box 277Vail, Colorado 81657
enclosures
ta o
coNl'RAcl
THIS CONTRACT' made and entered into as of July 14'
Lgl5t by and between VAIL ASSOCIATES' INC' (hereinafter referred
to as ,'VAI,'), a Colorado corporation, Party of the First Part'
TOWN O!, VAIL, COLORADO (hereinafter referred to as "TOV") ' EI
Colorado municipal corporation' Party of the Second Part' and
VAIL METROPOLITAN RECREATION DISTRICT (hCTEiNAfTCT TEfCTTCd tO
as ,,VMRD,,), a Colorado quasi-municipal corporation' Party of the
Third Part'
WITNESSETH:
Eorandinconsiderationofthepremises'themutual
covenants and agreements herein contained, and other valuable
consideration, the sufficiency and receipt of which is hereby
acknowledged, the parties hereto agree as follows:
I. VAI sha1l gratuitously dedicate to TOV three lots'
described as Lots g, 10, and 11, Vail village Tenth Filing' wittr'
the use of said lots to be restricted to recreational purposes'
said dedication document to be delivered by the grantor to the
grantee within thirty days from the date hereof'
2- Lot I, Vail ViIIage Tenth Filing' owned by VAT'
shall not be sold or developed for a period of twenty-four months '
except as otherwise subsequently agreed by VAI ancl VMRD; within
said period the prospective impact of any development of said lot
on both said lot and the Vail GoIf Course' operated by VMRD'
shall be determined by an agreement to be reached by VAI and
VMRD, which agreement sha1l indicate whether said }ot shal1 not
be developed at all, may be developed subject to building restric-
tions,ormaybedevelopedwithoutspecialrestrictioniprovided'
however, that if VAI and VMRD do not reach said agreement within
said period, the dispute shall then be determined through arbi-
trationPursuanttotherulesoftheAmericanArbitrationAssoci-
ation,withthedetailsrelatingtosaidarbiLrationtobeagreed
upon by VAf and VMRD through a letter agreement that will consti-
tute a part of this Contract which will be entered inLo by said
:
I
i
I
',1
.4
{
t
'o
Page 2
Agreement
parties within thirty days frorn the date hereof i VAI and VMRD
presently contemplate that development of said lot for residen-
tial purposes may require among other things that vAI at its
sole cost and expense will lengthen and/ot widen the tee of Hole
No. 5 of said golf course in a manner acceptable to VMRD'
3' Lot 2' Vail Village Tenth Filing' ovrned by VAI'
may be developed provided that the following conditions Prece-
dent are first satisfied'
A' VAI shall gratuitously grant to VMRD an ease-
ment for the tee for HoIe No' 5 of the Vail GoIf course and the
existing golf cart path adjacent to said hole and tee' allowing
access of golfers' golf carts' and golf course equipmentf person-
nel, and other Persons authorized by VMRD' said easement to be
delivered by the grantor to the grantee within thirty days from
the date hereof '
B. The location of any house or other structure'
shallberestrictedsoastominimizetheimpactthereofonsaid
Hole No' 5; before commencing any development VAr or its succes-
sors or assigns must first obtain the prior written approval of
VMRDforthelocationofaProPosedstructure'whichapprovalwill
not be unreasonablY withheld'
C. VAI at its sole cost and expense shall plant on
saidlotarowoftreessoastoextendthestandoftreesexist-
ing on the north side of said lot in a westerly ilirection across
the bench' the type' number' size' and location of said trees Eo
beacceptabletoVMRD'whichacceptancewillnotbeunreasonably
withheld'saidplantingtooccurwithinareasonabletimeafter
the date bereor ^-+6r int_o an agreement which
D' VAI and VMRD shall enter into an
will enable among other things VMRD to prohibit the erection of
fences or other obstacles on the north side of said lot which
would lnterfere with said golf course or golfers playing said
Hole No' 5 and to permit golfers to enter upon said lot to retrievt
their golf balls; VAI shall have said agreement recorded in the
officeofthecountyCterkandRecorder'CountyofEaqle'State
ilLltrl
I
f,
-..;1
H
-T
t.,l o
h6
i
I
,i
,{
Page 3
Agreement
of
of
by
Colorado, prior to the recording of a deed for the conveyance
said lot to a purchaser; said agreemenL shall be entered into
said parties within thirty days from the date hereof'
4.Lot3,VailVillageTenthFiling,ownedbyVAI'RaY
sold and developed without special restriction'
5. Lots 4, 5' 6' 7'and 8' Vail Village Tenth Filing'
owned by vAr, R?Y be sold and developed' provided that any contract
for the sale of said lots shall contain a provision specifying
that any development must satisfy the special building conditions
set forth in a report entitled "Avalanche and Mud Flow Defense"
dated February Lg75' which is in the records of ToV; a copy of each
such contract shall be furnished to both ToV and VMRD promptly
after its execution'
5 ' The road indicated on the recorded plat depicting
Vail village Tenth Filing shaIl be shortened so as to provide
access only for Lots 1'2' 3'4' 5' 6' 7' and I of said subdivi-
, sion.
IN WITNESS WHEREOF' the parties hereto have caused this
instrument to be executed as of the date first above written'
vArL AssoclATEs' rNC'
-''ffiary
and
TOWN oF vArt' coLoRADo
"-'ffig"t
ATTEST:
and
\(.o
Agreement
o
Page 4
RECREATION DISTRIC1
ATTEST:
VAIL I4ETROPOLITAN
By:
ffiY
TOr TOIH COU|{C } L
FROllr_-!f.f}||t$fQ_p0ill|l S3 | ON
fr --
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REr \-grtl vtLtAoE tdfH FtttilB----------_--
Thr Plrnnlng Contlr.ton hu rcvlrrod the rubJre? plairnd f Ind thrt rl | ?rqolrclrntr of fhr SutdlvlrtenRrgulatfonr hrvr born ert.
Ir r.eormad thai ?hr Plrt for Vril vlllrgr l0th Flllngb. lpgroy.d rr rubrlft.d.
PLAlilt I ilg COHit | 83 | Orl
frfrl I 5, l97t
Jtnlr ll. Sllvln
'-:---.-:
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