HomeMy WebLinkAboutVAIL VILLAGE FILING 5 BLOCK 3 LOT P2 LEGALFI!,E COPYJohn Schofield seconded the motion.
It passed unanimously by a vote of 7-0.
4. A request for a major subdivision of Silt P-2, located on Lot P-2, Vail Village Flrst Fillng.
Applicant: P-2 Association, represented by Art AbplanalpPlanner: George Ruther
George Ruther gave an overview of the request.
Art Abplanalp asked what happened to the plats?
Greg Moffet asked for any public comment. There was none. He then asked for comments from
the Commission. There were no commenls.
Gene Uselton made a motion for approval.
Henry Pratt seconded the motion.
It passed unanimously by a vote of 7-0.
5. A request to amend Sections 18.27.030, 18.29.030, and 18.30.030 of the Zoning Code to
allow van storage/transportation related businesses in the Commercial Core 3, Arterial
Business, and Heavy Service Zone Districts as a conditional use and add Sections
18.04.415 and 18.04.385 providing definitions for vehicle storage yard and transportation
business.
Applicant: Town of VailPlanner: Dominic Mauriello
TABLED UNTIL DECEMBER 16,1995
6. A request to amend the Gerald R. Ford Park Master Plan and adopt the Gerald R. Ford
Park Management Plan.
Applicant: Town of Vail, represented by Larry Grafel, Pam Brandmeyer, Todd
Oppenheimer, George Ruther.
TABLED UNTIL DECEMBEB 16,1996
7. A request lor a conditional use permit utilizing the 250 Ordinance, to allow for a Type ll
EHU, located at 186 Forest Road/Lot 9, Block 7, Vail Village 1st Filing.
Applicant: Mike FlanneryPlanner: Dirk Mason
TABLED UNTIL JANUARY 13, 1997
Greg Amsden made a motion to table item #5 and ilem #6 until December 16, 1996 and item #7
untilJanuary 13, 1997.
z/1
Planning and Envirorunental Commisslon
Minutes
Decsrnbcr 9. 1996 1"0
Greg Moflet asked about the ratio of hotel units to club units. He said that Johannes Faessler
said 450 sq. ft. was the current deluxe hotel room size and these rooms were quite a bit smaller.
Greg was concerned with the small size of the new hotel rooms. Greg wanted to quantity a
benefit to the Town in the stated goals, with "real live beds." He stated to the applicanl that
employee housing would be looked at hard. He said he wanted to see more housing when the
applicant went from 12,000 sq. ft. to 36,000 sq. lt., or tripled in size. He suggested being mindful
of the Village Center folks and thought that they could solve the driveway interface. Greg felt that
tralfic snarls needed to be kept out of Slifer Square. Greg also, did not want any dedicated
parking in the front. He said the "food service creep" was important to be aware of.
Gordon Pierce asked the PEC what they thought about creating a "popcorn wagon" type food
service in the Square area?
Greg Motfet said the concern was the smell and garbage issue and how could we assure that 5-
10 years from now there would be no lood service?
Gordon Pierce suggested a deed restriction.
Greg Moffet asked George Ruther about the development standards?
George Ruther said he would like to dedicate the next meeting to those issues.
Greg Motfet felt, as he looked at the bulk and mass from the model, that it didn't present a
problem and he felt that that part of Town could handle that massive of a building. He did state
that once again, when the mass was doubled, he wanted to see tangible benefits. He stated that
employee units didn't have to be on-site, as long as they were in Town.
Jim Lamont said the most offensive part of a restaurant/bar was not only the smell, but the noise
caused by clinking bottles.
Greg Moffet thought a food and beverage deed restriction was good.
Mike Mollica suggested exploring the possibility of access totally underground between both the
Village Center and the Austria Haus buildings, as grades could afford that. He said that trying to
access this project alone, would be almost impossible.
Gordon Pierce said he would discuss that possibility.
Dan Telleen said, regarding underground parking in conjunction with Village Genter, it might be
an option.
Pam Hopkins asked about the quality of noise transmission in the lock-offs? She stated that
noise control was important, so that guests would come back.
Dirk Mason noted thal Joe Macy, representing VailAssociates, lnc., or item #1, could not be
present and advised the PEC that Joe suggested either proceeding with item #1 without him, or
tabling the item.
Greg Amsden came back at 5r15 pm.
Henry Pratt made a motion to table item #1 until the next meeting.
Planning and Environmental Comlussion
' Minutes
December 9, 1996
)
John Schofield seconded the motion.
It passed unanimously by a vole of 7-0.
ililililil1
7. Information Update:
There was no information update.
8. Approval of November 11, 1996 PEC minutes and November 25, 1996 PEC minutes.
riel.eo uNTtL DEcEMBER 16,1996
Greg Amsden made a motion to adjourn the meeling.
Henry Pratt seconded the motion.
The motion passed unanimously by a vote of 7-0.
George Ruther advlsed fhe PEC that there would be a meeting next Monday, one week from
today, December 16, 1996,
The meeting adjourned at 5:20 pm.
Plaoning and Envirumental Commission
Minutse
Deceurber 9, 1996 11
o
MEMORANDUM
TO: Planning and Environmental Commission
IFROM: Community Development Departnent hAg
DATE:December 9.1996 Ha.a1 -'l-o
SUBJECT: A request for final review of a major suMivision of t ot P-2, Block 3, Vail
Village Fifth Filing, and a vacated portion of Hanson Ranch Road. The site
is generally located east of Vail Valley Drive between Hanson Ranch Road
and Gore Creek Drive. A complete legal description is available in the
Community Development Deparfrnent.
Applicant P-2 Association. represented by Art Abplanalp
Planners: Georse Ruther
I. BACKGROUNI)
On September 13,1996, the P-2 Association, represented by Art Abplanalp, submitted an
application for a major resubdivision to Lot P-2, Block 3 and a portion of vacated Hanson Ranch
Road, Vail Village Fifth Filing.
LotP-2 is generally located east of Vail Valley Drive, between Gore Creek Drive and Hanson
Ranch Road. Lot P-2 is bounded on the noftheast side by Gore Creek Drive, the All Seasons
Condominiums, and the Vail Trail East Chalets: on the south by the Ramshorn Lodge and the All
Seasons Condominiums; and on the west by Vail Valley Drive. LotP-2 is currently under
multiple ownership and govemed by the P-2 Association. The total lot area of Lot P-2 is
approximately 0.5494 acres/23,931.86 sq. ft.
LotP-2 was originally platted as part of the Vail Village First Filing SuMivision on August 6,
1962. On November 12, 1965, an amended subdivision and a resubdivision of parts of Vail
Village First Filing was recorded with the Eagle County Clerk and Recorder's Office. The Vail
Village Fifth Filing Resubdivision included I-otP-2, Block 3 of the Vail Village First Filing.
Pursuant to the recordation at Book 215, Page 969, the northerly portion of the Hanson Ranch
Road righrof-way east of Vail Valley Drive has been vacated.
The P-2 Association was established as a Colorado Corporation to govem the use and
maintenance of the area known as LotP-2. The P-2 Association is comprised of multiple
ownership. The owners include Vail Trails East Chalets, the Tivoli Lodge, the Gallatyn lodge,
the Ramshom lodge and the Vail Trails Chalets.
FirE c;; .
F TEVERYONE\PEOMEMOS\p2assoc.d09
On October 14. lgg6,the applicants' representative, Art Abplanalp, appeared before the Planning
and Environmental Commission with a reque$t for a review of the preliminary major subdivision
plan. Upon review of the preliminary plan, the Planning and Environmental Commission
approved the applicants' request with two conditions. The first being that the applicants add the
restrictions prescribed by the proposcd protective covenants as plat notes to the final plat, to
ensure that said restrictions can not be amended without Town of Vail notification and approval'
and the second, that the applicants submitted a set ofproposed protective covenants to the Town
ofVail for rcview and approval. Each ofthe requircd conditions of approval have been met by
the applicants, and therefore, the Planning and Environmental Commission can take action on the
review ofthe frnal plat.
IL DESCRIPTION of the REOUEST
The P-2 Association is requesting a final review of a major subdivision final plat in order to
divide Lot P-2 into separate parcels, each to be owned by the entity which has historically
occupied each part of the parcel. The use of the parcels will remain a parking facility. The
Association has proposed new Declarations of Protective Covenants to govern the future
use and maintenance of Lot P-2.
According to the official Town of Vail ZoningMap, Lot P-2 is designated Parking Zone District.
The purpose of the Parking District is to provide sites for private or public, unstructured, off-
street, vehiclc parking and conditionally to provide forprivate or public, off-street vehicle parking
structures and private or public parks and recreational facilities. Permitted uses within the
Parking District include private or public, unstructured, off-street. vehicle parking facilities.
According to the Town of Vail Municipal Code, the following conditional uses shall be permitted
in the Parking District, subject to the issuance of a conditional use permit in accordance with
Chapter 18.60:
o private or public, off-street parking structures,
o private or public parks and recreational facilities,
o public uses, private office and commercial uscs that are transportation, tourists, or
Town related that arc accessory to a parking structurc,
o major arcades,
o temporary construction staging sites, and
o Type III and Type IV employee housing units.
III. REVIEW PROCESS
Title I 7, Subdivision Regulations, of the Town of Vail Municipal Code establishes the review
process and criteria for a major subdivision proposcd in the Town of Vail. Pursuant to Chapter
I 7. I 6, Major Subdivision, of the Municipal Code, the first step in the review process is for the
applicant to meet with a Town Planner to discuss the preliminary plan. Staffhas met with the
F:\EVERYONRPEC\MIiMOS\pZassoc.d09
applicant on several occasions to discuss the proposal and address submittal requirements. Staff
feels the applicant has successfully complied with the initial step in the review process.
The next step in the review process shall be a formal consideration of the preliminary plan by the
Town of Vail Planning and Environmental Commission. The applicant shall make a presentation
to the Planning and Environmental Commission at a regularly scheduled meeting. The
presentation and public hearing shall be in accordance with Sections I 8.66.060 through 18.66.090
of the Town of Vail Municipal Code. The applicant's appearancc before the Planning and
Environmental Commission on October 14. 1996, shall serve to meet the public hearing and
presentation requirement.
The burden of proof that the application is in compliance with the intent and purposes of the
ZoningCode and other pertinent regulations shall lie upon the applicant.
In reviewing the preliminary plan, the Planning and Environmental Commission shall review the
application and consider its appropriatencss in regard to Town policics relating to:
l. SubdivisionControl;
2. Densities proposed;
3. Regulations;
4. Ordinances, resolutions and other applicable documents;
5. Environmentallntegrity;
6. Compatibility with surrounding land uses; and
7. Effects upon the aesthetics ofthe Town and surrounding land uses.
The PEC shall have twenty-one days from the date of the review of the preliminary plan to
apprcve, disapprove or approve with conditions or modifications, the major subdivision request.
Within ten days of making a decision on the request, the staff shall forward the PEC's decision to
the Vail Town Council. The Council may appeal the PEC's action. The appeal must be placed
within seventeen days of PEC's action. If the Council appeals the PEC's action, the Council shall
hear substantially thc same presentation by the applicant as was heard at the PEC public hearing.
The Council shall have thirty days to affrm, reverse, or affirm with modifications the PEC
decision. The appeal hearing shall be held during a regularly scheduled council meeting.
The funal step in the review process of a major subdivision request, after PEC preliminary plan
reviewn is the review of the final plat, At any time within one year after the PEC has taken action
on the preliminary plan, a frnal plat shall bc submitted to the Town of Vail Community
Development Deparfrnent. The staff shall schedule a final review of the final plat. The final
review shall occur at a regularly scheduled PEC public hearing. The review criteria for a final plat
are the same as those used in reviewing the preliminary plan as contained in Section 17. 16.1 l0 of
the Subdivision Regulations.
F :\EVERYONE\PEC\MEMOS\p2assoc. d09
The Town of Vail has the ability to require certain improvements when approving a rnaJor
suMivision. The following improvements shall be required by the applicant unless otherwise
waived by the zoning administrator, PEC, or Council:
l. Paved steets and parking lots;
2. Bicycle and pedestrian path linked with the town system and within the subdivision itself;
3. Traffic confrol signs, signals or devices;
4. Street lights;
5. Landscaping;
6. Water lines and fire hydrants;
7. Sanitary sewer lines;
8. Storm drainage improvements and storm sewers:
9. Bridges and culverts;
10. Electric lines;
I l. Telephone lines;
12. Natural gas lines;
13. Other improvements not specifically mentioned above but found necessary by the Town
Engineer due to the nature ofthe subdivision.
IV. STAFF ANALYSIS OF'MAJOR SUBDIVISION REVIEW CRITERIA
Section l7.16.110 of the Town of Vail Municipal Code provides the criteria by which a proposed
major suMivision is to be reviewed. Staffhas reviewed the proposed preliminary plan for the
major resubdivision of Lot P-2, Block 3' and a portion of vacated Hansen Ranch Road, Vail
Village Fifth Filing, and our analysis is listed below:
l. Subdivision Conhol
As the applicant is not proposing development on the newly created lots, staff does not
feel this criteria is applicablc.
2. Densities Proposed
LotP-z is cunently zoned Parking District. The only permitted use in the parking district
is private or public unstructured off-street vehicle parking. All other uses af,e conditional
uses. The conditional uses permitted subject to the issuance of a conditional use permit
are listed on page 2, in section II of this rnemorandum. The Parking District does not
permit the development of dwetling units with the exception of Types III and IV employee
housing units.
The applicant has prepared protective covenants restricting the use ofthe newly created
lots to parking only. Staff feels the protective covenants and the existing zoning
adequately restrict future development on the lots. Stafffurther finds that any future
FTEVERYONnPEC\MEMOS\p2assoc.d09
J.
changes ofuse on any, or all ofthe lots, would require not only a change to the covenants,
but the review and approval of the Town of Vail via a conditional use permit and/or a
change in the zoning designation on the property.
Regulations
Staff reviewed the regulations prescribed by the Town of Vail Municipal Code for the
Parking Zone District. According to Section I 8.34.010 of the municipal code, the
purpose ofthe Parking District is intended to provide sites for private and public
unstructured off-street vehicle parking and to ensure adequate light, air, privacy and open
spacc for each valid use in adjacent areas. Unlike most other zone districts, the Parking
District does not prescribe a minimum lot size or a minimum street frontage requiranent.
The lots being proposed are substandard for all other zone districts requiring minimum lot
sizes, thus limiting the potential uses of the newly crcatcd lots to anything other than
parking.
Staffbelieves the proposed major subdivision complies with the applicable regulations.
The applicant is proposing to continue thc private off-street parking use ofLot P-2' as it
has historically been used.
Ordinances. resolutions and other applicable documents
In reviewing this proposal, staff relied upon the Town of Vail Municipal Code, the
restrictions recorded on the plat. and the Vail Land Use Plan. The issues relating to the
municipal code have been addressed previously.
The preliminary plan and proposed protective covenants restrict the future use of Lot P-2.
The restrictions include limitations of the use of Lot P-2 to parking of passenger vehicles
having a weight ofless than 10.000 pounds, landscaping and underground utility lines;
prohibition on constuction above ground level cxcept landscaping; retaining walls
necessary for the support of parking; obligations of the owners to maintain and repair
paving, retaining walls, irrigation, landscaping, etc; and enforcement, liability and
easements. The future use of Lot P-2 is further restricted by the existing protective
covenants recorded at Book 253, Page 48, by the agreement establishing the P-2
Association recorded at Book 386, Page 32' andthe consent recorded at Book 392, Pages
248-250.
To further insure that development on the property is restricted, in accordance with the
protective covenants proposed, staff is required that the applicant add the above described
restrictions on the plats as plat notes. This in effectprevents the future use oflot P-2 to
change without approval frorn the Town of Vail. Private protective covenants can be
altered without Town of Vail review and approval. Any amendment to a final plat would
require the Town of Vail review and approval.
4.
F :\EVERYON L\PEC\MEMOS\o2assoo.d09
The Vail Land Use Plan and the Vail Village Master Plan contains goals which staff
considers to be applicable to the major subdivision request. The applicable goals include:
VAIL LAND USE PLAN:
l. General Growth / Development
l.L Vail should continue to grow in a controlled environment,
maintaining a balance between residential, commercial and
recreational uses to serve both the visitor and the permanent
resident.
tP The quality of the environment including air, water and other
natural resources should be protected as the Town grows.
l3 The quality of development should be maintained and upgraded
whenever possible.
LJ New suMivisions should not be permitted in high geologic hazatd
areas.
VAIL VILLAGE MASTER PLA]TI:
Goal #3 To recognize as a top priority the enhancement of the walking
experience throughout the Village.
3.1 Objective: Physically improve the existing pedestrian ways by
landscaping and other improvcments.
3.4 Objective: Develop additional sidewalks, pedestrian only walkways
and accessible green space areas including pocket parks and sheam
access.
3.4.2 Policy: Private development projects shall be required to
incorporate new sidewalks along streets adjacent to the
project, as designated in the Vail Village Master Plan and /
or Recreation Trails Master Plan.
According to the East Village Sub-Area Plan (#7), a key objective is to provide improvements in
the sub-area related to pedestrian and bicycle safety. Sub-area plan component #7-3, Vail Valley
Drive sidewalk, indicates that:
'o a sidewalk (separated from the road where possible) through the sub-area linking the
Golden Peak Base facility with the Vail Transportation Center. Landscape improvements
FTEVERYON APEC\MEMOS\p2assoc.d09
and pedestrian cross-walks to be included as required to meet demands of pedestrian
traffic. Special emphasis is placed upon the goals and objectives 3. 1 and 3.4."
5. Environmentallntegibr
Staff believes the proposed major subdivision does not adversely affect the integrity of the
environment. The applicant is not proposing to increase the amount of impervious surface
of the existing parking on Lot P-2. Staff believes this has a positive effect on water
quality as it does not increasethe surface run-offfrom the area. The applicant is also
proposing to preserve and continue to maintain the landscaping existing on Lot P-2.
Currently, numerous maturing Aspen and Spruce trces arc growing on the properly. The
applicant has provided for future maintenance by means of protective covenants. Staff
feels this too has a positive effect on the natural and built environment.
6. Compatibility with Surrounding Land Uscs
The existing use of Lot P-2 is unstructured off-street vehicle parking for five residential
properties in the area (Ramshorn, Gallatyn, Vail Trail Chalcts. Tivoli and Vail Trails East).
This use has been in place since the early 1960's when thc property was originally platted.
The applicant is not proposing to change the existing use, Staff believes the major
subdivision will not negatively impact existing or potential sunounding uses,
7. Effects Upon the Aesthetics of the Town and Surrounding Land Uses
Again, the use of the property is not changing. Thc only change resulting from the major
subdivision is the ownership skucture. Instcad of Lot P-2 being owned in common by five
entities, the entire lot will bs divided into separate ownership. Each newly created lot will
be deeded back to the user ofhistoric record. The five parking lots have been kept in
good repair and the landscaping has been well maintained. Staffdoes not believe the
aesthetics of the area will be negatively impacted as a result of an approval of the
proposed request for a major subdivision.
According to the regulations goveming subdivisions in the Town of Vail, the staff. PEC and/or
Council have the ability to require ceriain improvernents when approving major suMivisions.
These improvements are listed on page 3, in section III of this memorandum.
V. STAFF RECOMMENDATION
The Community Development Department recommends approval of the final plat for a major
subdivision of Lot P-2, Block 3, and a vacated portion of Hansen Ranch Road, Vail Village Fifttt
Filing. Staff finds that the applicant's proposal meets the seven review criteria for a major
subdivision as outlined in section lV of this mcmorandum, and that the applicants have meet the
two conditions of approval placed on the prcliminary plan approval by the Planning and
Environmental Commission on October 14.1996.
FIEVERYONE\PEC\MEMOS\n2assoc.d09
JOHN W. OUr{N
ARTHUR A, ABPLANALP, JR.
ALLEN C. CHRISTENSEN
DIAHE L. HERMAN
R. C. STEPHENSON
SPECIAL COUN9E!:
JERRY W. HANN,AH
TELEPHONE:
(970) 476-0300
TELECOPIER:
(970' 176-47e4
I(AREN M. OUNN
cERtlf rgo lEoat asststaNt
LAw OFFrcEs
DuNru, AeeuRuALp & CxnrsrENSEN, P.C.
Txe Vr.ru Batr Burr-orxc
Su rre soo
toe Sourx Faoxrece Roeo WEsr
Vlrr-. Cotonaoo e resz
have any questlons about this proposal or
require any change in the proposed plat
12 November 1996
I.{r. George Ruther
Town of VaiI
Department of Communlty Development
75 South Frontage Road WestVaII CO 81657
Re: Resubdivision of Lot P-2
Dear George:
You wlII find enclosed a proposed plat note which I have
prepared based upon my conversation with you today. This proposal
tracks your analysis on page 5 of the staff report, with th9
exception of the references to the agreement establlshlng the P-2
Assoclation and the consents related to the P-2 Assoclatlon. These
documents add nothlng to the restrLctions, and the P-2 Assoclation
will be dissolved with subdivision and conveyance of the Propertyto the current members of the Assoclatlon. Based upon thls
understandlng, I hope that you wiII agree that these documents
which add noihing to the restrictions and which wiII no longer be
effective after platting should not be referred to on the plat.
l{e w111 proceed to prepare the final plat based upon the
assumption that thts proposal ts satisfactory. Thank you for
working with us to schedule the final plat consideration for the
PEC meeting of the 9th of December.
If you
of lf you
contact me
my analysls'note, please
ery trul
xc: P-2 Association
Arthur A. Abp rP, J
P-2 Plat Note
The covenants governing Lot P-2 limit the uses to parklng of
passenger vehlcles havlng a welght of less than 101000 pounds,
landscaping and underground utillty lines and prohibit construction
above ground except landscaping and retalning walls necessary for
the support of parking. The covenants establish the obllgationa of
the owners to malntaln and repatr paving' retaLnlng walls,
lrrlgation, Iandscaping and similar matters and provide for
enforcement, Iiabllity and easements' as more full set forth
therein. In addition to the covenants recorded with this plat, the
property ls also governed by protective covenants recorded ln the
records of the Eag1e County Clerk and Recorder in Book 253 at Page
48. Any amendment to the provlslons of this final plat shall
regulre the approval of the Town of ValI ln accordance with
ordlnances then in effect.
a-\Bep*t*tt-
I
MEMORANDTJM
TO: Planning and Environmental Commission
FROM: Community DevelopmentDepartnent
DATE: October 14,1996
SLJBJECT: A request for a major subdivision of Lot P-2, Block 3, Vail Village Fiffh
Filing, and a vacated portion of Hanson Ranch Road. The site is generally
located east of Vail Valley Drive between Hanson Ranch Road and Gore
Creek Drive. A complete legal description is available in the Community
Development DePartnent.
Applicant P-2 Association, represented by An Abplanalp
Plannss: George Ruther/Dirk Mason
I. BACKGROTJI\D
On September 13, 1996, the P-2 Associatim, represented by Art Abplanalp, submitted an
application for a major resubdivision tol:cltP-z, Block 3 and a portion of vacated Hanson Ranch
Roa4 Vail Village Fifth Filing.
LotP-2 is generally located east of Vail Valley Drive, between Gore Creek Drive and Hanson
Ranch Road. Lot P-2 is bounded on the northeast side by Gore Creek Drive, the All Seasons
Condominiums, and the Vail Trail East Chalets; on tbe south by the Ramshom lodge and the All
Seasons Condominiums; and on the west by Vail Vatley Drive. Lot P-2 is cunently under
multiple ownership and governed by the P-2 Association. The total lot area of Lot P-2 is
approximately 0.5494 acresl23,93l.86 sq. ft.
Lot P-2 was originally platted as part of the Vail Village First Filing SuMivision on Augrst 6'
1962. On November 12, 1965, an amended subdivision and a resubdivision of parts of Vail
Village First Filing was recorded with the Eagle County Cterk and Recorder's Office. The Vail
Village Fifth Filing Resubdivision included l-atP-2,Block 3 of the Vail Village First Filing.
Pwsuant to the recordation at Book 2l5,Page 969, the northerly pontion of the Hanson Ranoh
Road right-of-way east of Vail Valley Drive has been vacated.
The P-2 Association is the sole owner of lot P-2. The P-2 Association was established as a
Colorado Corporation to govem the use and maintenance of the area known as Lot P-2. The P-2
Association is comprised of a multiple ownership. The ownen include Vail Trails East Chalets,
the Tivoli I-odge, the Gallatyn Lodge, the Ramshom lodge and the Vail Trails Chalets.
F:\EVERYONEPEOMEMO$p2auoc.o 14
I
T. DFSCRIPTION Of thE REOUEST
* The p-2 Assoclation is requesting a meJor subdlvlsion approvrl In order to dlvlde LotP'2
into seperate percels, eech to be owned by thc entity which has historically occupied eech
part of the peicel. The usc of the percels will remain a parking facility. The Associetion
-tt"s p"oposil new Declaretions of Protective Covenants to govern the future use end
meintenence of Lot P-2.
According to the official Town of Vail 7-orrrgMap, Lot P-2 is designated Parking Zone Distict
The purpose of the Parking District is to provide sites for private or public, unstnrctrned, off-
street, vehicle parking and conditionally to provide for private or public, off-steet vehicle parking
stnrctures and private or public parks and recreational facilities. Permitted uses within the
parkiug District include private or public, unstuoturpd, off-street, vehicle parking facilities.
According to the Town of Vail Municipal Code, the following conditional uses shall be perrnitted
in the Parking District, subject to the issuance of a conditional use permit in accordance with
Chapter 18.60:
o private or public, off-sbeet parking stnrctures,
o private or public parks and recreational facilities,
o public uses, private office and commercial uses that are transpodation, tourists, or
Town related that are accessory to a parking stucture,
r major arcades,. temporary constnrction saging sites, and
o Type III and Type IV employee housing units'
IIL REVIEWPROCESS
Title 17, SuMivision Regulations, of the Town of Vail Municipal Code establishes the review
process and criteria for a major subdivision proposed in the Town of Vail. Pursuant to Chapter
17.16, Major Subdivision, of the municipal code, the fust step in the review process is for the
applicant to meet with a Town Plenner to discuss the preliminary plan. Staffhas met with the
applicant on several occasions to discuss the proposal and address submittal requirements. Staff
feels the applicant has successfully complied with the initial step in the review prlocess.
The next step in the review process shall be a formal consideration of the preliminary plan by the
Town of Vail Planning and Environmental C.ommission. The applicmt shall make a presentation
to the Planning and Environmeotal Commission at a regularly scheduled meeting. The
presentation and public hearing shall be in accordance with Sections 18.66.060 through 18.66.090
of the Town of Vail Municipal Code. The applicant's appearance before the Plenning and
Environmental Commission on October 14, 1996, shall senre to meet the public hearing and
presentation requirement.
F:\EVERYONEPEOMEM6\p2aIcoc.o l 4
The bunlen of proof that the application is in compliance with the intent and purposes of the
ZmingCode and other patinent regulations shall lie upon the applicant'
In reviewing the preliminary plaa fts planning md Environmental Cmrmission shall review the
application and consider its appropriateness in regard to Town policies relating to:
l. SuMivision C-onhol;
2. Densities proposed;
3. Regulations;
4. Ordinances, resolutions and other applicable documents;
5. EnvironmentallntegttY;
6. Compatibility with surrounding land uses; and
7. Effeots upon the aesthetics of the Town and sunounding land rses'
The PEC shall have twenty-one days from the date of the review of the preliminary plan to
approve, disapprove or approve with conditions or modifications, the major suMivision request.
Within ten ofmaki the staff
The appeal must be Placed
@'s action. If the Cormcil appeals the PEC's action, the Council shall
hear substantiany 1hg same presentation by the applicant as was heard at the PEC public hearing.
The Council shall have thirty days to affirrn, reverse, or affirm with modifications the PEC
decision. The appeal hearing shall be held during a regularly scheduled council meeitng.
The final step in the review pKrcess of a major subdivision request, after PEC preliminary plan
review, is thi review of the final plat. At any time within one year after the PEC has taken action
on the preliminary plaO a final plat shall be submited to the Town of Vail Community
Development Department. The staff shall schedule a final review of the final plat. The final
reviewihall occur at a regularly scheduled PEC public hearing. The review criteria for a final plat
are the sarne as those used in reviewing the preliminary plan as contained in Section 17.15.l l0 of
te Subdivision Regulations.
ffn" Town of Vail has the ability to require certain improvements when approving amajor
I subdivision. The following impmvements shall be required by the applicant unless otherwise
I waived bv the zoning administrator, PEC, or Cotmcil:ll--
Paved steets and parking lots;
Bicycle and pedestianpath linked with tbe town system and within the zubdivision itself;
Traffic confiol sips, signals or devices;
Street ligbts;
Landscaping;
Water lines and fire hydrants;
Sanitary sewerlines;
Storrn drainage improvements and storm sewen;
(
6.
7.
F:\EtTTIRYONRFEOMEIvIO$p2rrcoc.o l4
9,
10,
I l.
Bridges and culverts;
Electic lines:
Telephone lines;
Natural gas lines;
Other improve6ents not specifically mentioned above but found necessary by the Town
Engineer due to tle nature of the subdivision'
12.
13.
IV.
Section 17.16.110 of the Town of Vail Mrmicipal Code prwides the criteria by which a proposed
major su6ivision is to be reviewed. Staffhas reviewed the pro,posed preliminary plan for the
major resuMivision of Lot P-2, Block 3, and a portion of vacated Hansen Ranch Road, Vail
Village Fifth Filing and our analysis is listed below:
l. Subdivision Control
As the applicant is not proposing development on lhe newly created lots, staffdoes not
feel this criteria is applicable.
2. Densities Proposed
LotP-2 is currently zoned Parking District. The only permitted use in the parking district
is private or public unstuctured off-steet vehicle parking. All other uses are conditional
uses. The conditional uses permitted subject to the issuance of a conditional use permit
are listed on page 2, in section II of this memorandun. The Parking Dishict does not
permit the development of dwelling rmits with the exception of Types III and IV ernployee
housing units.
* The applicant has prepared protective covenants resticting the use of the newly cteated
lots to palting only. Stafffeels the protective covenants and the existing zoning
adequately restricts future development on the lots. Stafffurther finds that any future
changes of use on any or all of the lots would require not only a change to the coverants,
but the review and approval of the Town of Vail via a conditional use permit and/or a
change in the zoning desipation on the property'
3. Regulations
Staff reviewed the regulations prescribed by the Town of Vail Municipal Code for the
Parking Zone District. According to Section 18.34.010 of the municipal code, the
purpose of the Parking Dishict is intended to provide sites for private and public
unstructured off-street vehicle parking and to ensure adequate lighl air, privacy and open
space for each valid use in adjacent areas, Unlike most other zone districts, the Parking
Distict does not prescribe a minimum lot size or a minimum street frontage requirement
F:\BI/ERYONEPEC\MEMO$p2aIsoc.ol4
4.
The lots being proposed are substandard for all other zone disticts requiring minimum lot
sizes, thus tinifing the potential uses of the newly created lots to anything other than
parking.
Staffbelieves the proposed major subdivision complies with the applicable regulations.
The applicant is proposing to iontinue the private off-sfreet parking use of Iot P-2' as it
has historically been used,
Ordinances- resolutions and other applicable documents
In reviewing this proposal, staffrelied upon the Town of Vail Municipal Code, the
restrictions recorded on the plat, and the Vail Land Use Plan. The issues relating to the
municipal code have been addressed previously.
The preliminary plan and proposed protective convenants restrict the future use of Lot P-
2. Therestrictions include limitations of the use of Lot P-2 to parking of passenger
vehicles having a weight of less than 10,000 pounds, landscaping and underground utility
lines; prohibition on constnrction above ground level except landscaping; retaining walls
o"""tJuty for the support of parking; obligations of tle owners to maintain and repair
paving, retaining walls, irrigation, landscaping, etc; and enforcement, liability and
iasements. The future use of Lot P-2 is further restricted by the existing protective
covenants recorded at Book 253,Page 48, by the agreement establishing the P-2
Association recorded at Book 386, Page 32, and the consent recorded at Book 392' Pages
248-250.
To further insure that development on the property is restricted, in accordance with the
protective covenants propose( staff is recommending that the applicant add the above
described restrictions on the plats as plat notes. This in effect prevents the future use of
LotP-2 to change without approval from the Town of Vail. Private proteotive c,ovenants
can be altered without Town of Vail review and approval. Any amendment to a final plat
would require the Town of Vail review and approval.
The Vail Iand Use Plan and the Vail Village Master Plan contains goals which staff
considen to be applicable to the major subdivision request. The applicable goals include:
VAIL LAITID USE PLA]TI:
1. General Grcwth / Development
t1 Vail should continue to grow in a conholled environment,
maintaining a balance between residential, commercial and
recreational ruies to serve both the visitor and the pennanent
resident.
(
F:\EVERYONBPEC\MEM6\p2rssoc.o l 4
L2 The quality of the environment including air, water and other
oatrtat resources should be prorccted as the Town grows'
L.l The quality ofdevelopment should be maintained andupgraded' wheneverPossible.
lJ New suMivisions should not be permitted in high geologic hazad
areas.
VAIL VILLAGE MASTER PLAITI:
Goal #3 To recognize es r top priority the cnhrncement of the wdldng
erperlence throughout the Vlllege.
3.1 Objective: Physically improve the existing pedestian ways by
landscaping and other improvernents.
3.4 Objestive: Develop additional sidewalks, pedestrian only walkways
and accessible green space areas including pocket parks and stearn
access.
3.4,2 Policy: Private developement projects shall be required to
incorporate new sidewalks along steets adjacent to the
projec! as designated in the Vail Village Master Plan and /
or Recreation Trails Master Plan.
According to the East Village Sub-Area Plan (#7), a key objective is to provide improvements in
the sub-arlea related to pedestrian and bicycle safety. Sub.area plan componmt#7-3, Vail Valley
Drive sidewalk. indicates that:
" a sidewalk (separated from the road where possible) throug! the sub-area linking the
Golden Peak Base facility with the Vail Transportation Center. Landscape improvements
and pedestrian cross-walks to be included as required to meet demands of pedestrian
haffic. Special anphasis is placed upon the goals and objectives 3.1 and 3.4."
5. Environmentallntegdty
Staffbelieves the prroposed major zuMivision does not adversely affect the integrity of the
environment. The applicant is not proposing to increase the arnount of impervious surface
of the existing parking on Lot P-2. Staffbelieves this has a positive effect on water
quality as it does not increase the surface run-offfrom the area. The applicant is also
proposing to preserve and continue to maintain the landscaping existing on Lot P-2.
Currently, numerous maturing Aspen and Spruce trees are growing on the property. The
F:\EVBRYONEPEC\MEMO$p28IEoc.o l4
6.
applicant h8s provided for futtre maintenance by means of protective covenants. Staff
fiif tnis too tras a positive effect on the natural and built environment'
Compatibility with Surrounding I ^nd Uses
The existing use oflot P-2 is unstructured off-street vehicle parking forfive residential
properties ii th" al'"o @amshorn, Gallatyn, Vail Trait Chalets, Tivoli and Vail Trails East).
This use has been in place since the early 1960's when the property was originally platted'
The ap,plicant is not proposing to change the existing use. staffbelieves the major
suffiivision will not negatively rmpact existing or potential surrounding uses.
1
Again, the use of the property is not changng. The only change resulting from the major
subdivisim is tne o*nerslip shrcture. Instead of LatP-2 being owned in common by five
entities, the entire lot will Ul OviOeO into separate ownership. Each newly created lot will
be deeded back to the user ofhistoric record. The five parking lots have been kept in
good repair and the landscaping has been well maintained. Staffdoes not believe the
aesthethics of the area will be negatively irnpacted as a result of an approval of the
proposed request for a major subdivision.
Accorrding to the regulations goveming subdivisions in the Town of Vail, the stafr PEC and/or
Council have the ability to require c€rtain improvements when approving major suMivisions.
These improvements are listed on page 3, in section III of this memorandum. Staffhas reviewed
the list of possible improvements and waived all improvements except bicycle and pedeshian
paths linked to the Town system.
Upon review of the site, a portion of sidewalk along the east side of Vail Valley Drive adjacent to
the Ramshom parking area is missing. The sidewalk was never sonstnrcted in this area since
several large evergreens are growing in the rigbt of way. The sidewalk could be constnrcted if the
x'ees wereiemoved. Staffmet with the applicant's representative regarding the Town's desire to
constnrot the missing portion of sidewalk. The staff is requesting that the applicant dedicate an
eight foot wide pedesfiian easement to the Town. The pedestian eas€rnent would allow the for
the construction of the missing portion of sidewalk without requiring the large evergreen trees to
be removed. Staffwould recommend the PEC discuss the issue of the pedestrian easement with
the applicant prior to taking any action on the major zubdivision request.
V. STAFFRECOMMEI\DATION
thc Corrmunity Ihvelopment Departnent recolnmerds rpprovel of the preliminary plan fc a
majc subdivision of Lot P-2, Block 3, and a vacated portion of Hansen Raooh Road Vsil ViUage
finn fmng. Stafffinds that the applicant's proposal meets the seven review criteria for a major
subdivision as outlined in section IV ofthis memorandum.
F:\EVERYONAPECMEMO6\p2IIsoc.o | 4
shorldthe Planning and Environmental commission chooseto grant an approval of theproposed
major su$ivisim, itaffwould reoommend that the approval oarry with it the following
conditions:
l. prior to scheduling a review of the final plat before the Planning and Environmental
Commission, the i'pplicant shall amend the proposed major subdivision to include an eigfut-
foot wide pedestian easement across a portion of proposed Lot 2 and existing Iot A'
Block 3, Vail Village Fifth Filing. The locatim of the pedestrian easement shall be
reviewed and approved by the Town Engineer'
Z. That the applicant add the restrictions prescribed by the proposed protective oovenants
as plat nof* to the final plat, to ensure that said restrictions can not be amended without
Town notification and aPProval.
FiEVERYONRPECII\,lBMOS\p2asoc.o l4
Sumrnary of Request
For Resubdlvision Of
Lot P-2, Block 3'
vall village Fifth Filing
Lot P-2 BI Vail vlllaqe Fifth Flling is ole of those
sociates for e se of
providinq parkinq for Vail Villaqe.The proPerty, which nor.t
anson Ranch Road, is now owned by
{of t!.ro a
soclatlon, a non-flt association ilEed of the oltners
acent con um associati.on.
e property , srnce itsfor
creation,n divid into five
separate areas of use, one each member of the Association. The
proposed r for se of Leqall
ividin ropert manner estabfisning ownershiP g those
soc ati,on
has hlstorlcallv serv se other than to hol title
to the property as a single ntitY.
Bytheproposedsubdivlsion,eachcurrentAssociationmember
would icqufre tihat portlon of Lot P-2 which it has hlstorically
used. ThL parcel woirld be governed bv covenants wh-ich insure. that
it will continue to be used for parkinq purposes anct a+s.o-egEaDlrsn
iesponsi lion which has been
establishedandmainta1neoontne@membersoftheAssoclatlon. The use of the plopLrty wtll remaln - pqTEiqgt
consistent both operty and $tith the
covenants orlglnally placed on lne property by Vail Associates..
The compattbillty of the property wit'h adjoining- properties. is
estabttshea by the fait that it suppolts five adjoining propertles
by providlng -parking facilities tbr the lodging and residences
Iocated on those ProPertles.
E2auD
JOH N W. OU NN
ARTHUR A. ABPLANALP, JR.
ALLEN C. CHRISTENSEN
OIANE L, HERMAN
R, C. STEPH ENSON
SPECIA! COUNSEL:
JERRY W. HANNAH
IELEPHONE:
(970).+7€-0300
TELECOPIER:
(97O) r+76-47€5
KAREN M. OUNN
CER'IFIED LEGAI ASSISTANT
LAw OFFlcEs
DuruN, AeerRruRlp & CHnrsrerusrN, P.C.
Txe Vl,rr- Blt x Burr-ottrc
Surre soo
roa SourH FnorncE Roao WEsr
Verl, Coloaloo e resz
14 October 1995
Mr. George Ruther
Town of Vall
Department of Community Development
75 South Frontage Road WestVail CO 81657
Re: Resubdlvlsion of Lot P-2
Dear George:
This letter wIlt follow up on our dlscussion regarding the
proposed requlrement for dedicatlon of property permlttlng the
creation of a sidewalk at the entry to Ramshorn parking lot, in
associatlon with the approval of the above application. I was able
to discuss this proposed reguirement with the president of the P-2
Associat,lon only thls morning.
It ls the position of the P-2 Associatlon that there should be
no requirenent for dedlcatlon of land for a gldewalk at thls
location. The question of the requirement for that sidewalk was
considered and, the P-2 Association thought, resolved at meetings
of the vall Planning and Environmental conmission last Fall. In
meetings in October and November, after considerable debate, the
PEC considered the question of whether a sidewalk should be
required on the east side of Vail VaIIey Drive at this location.
It was the unanlmous oplnlon that a sidewalk should not be required
at that location. Copies of the minutes of the meetings accompany
thls letter. The parking area which would be lost under the Town's
proposal is important both to the property owner and to the Town of
VaiI, and that parking area should not be lost. f am uncertain
whether this application would have even been filed with the Town
of Vail had there been any doubt on this question' or any
suggestion that such a requirement might be made. No change in use
is occurrlng whlch should warrant the requirement for contribution
of land for publlc improvements to mitigate an inpact, there belng
no impact to mitlgate.
There should be no requirement from P-2 Assoclatlon for a
sldewalk, but, lf creation of a sidewalk is to be attempted, it
shoutd be only through a street-side sidewalk next to the northerly
trees (perhaps narrowing the sidewalk for a few feet), consistent
with the nerdly constructed curb, and a sidewalk on the east slde of
the trees on the island. Vlrtuatly aII of thls property is Town of
VaiI property, with the exception of that on the east Eide of the
island. That latter property is not P-2 Association property, but
ls Ramshorn Condominlum Association property, and we cannot confirm
that the AssocLation (an entity different than the applicant on
this proceedlng) wlll agree to that dedication.
Although the trees of concern appear to be all on Tolvn
property, and thelr survlvaL ls really a matter of Town concern
rather than that of the P-2 Association, the Association also
believes that there should be no consideratlon of either routing
unless there is some confirmation from an authority on the treee
that the trees wlll survlve the activlty and change. I am
encloslng coples of what we understand to be the routlng proposed
by both the Town of Vail and the alternative, taking the sldewalk
around the west side of the northerly pair of trees.
Notvrithstanding thls difference in opinion regardlng
dedicatlon of property for a sidewalk, the P-2 Assoclation believes
that the application for resubdivision of Lot P-2' wlthout any
change in use from that of parking, is entitled to approval from
the PEC. We hope that you are in agreement on that point.
Thank you for your continued cooperation and assistance in
this matter.
xc: P-2 Association
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!
JOHN W. DUIIN
ARTHUR A. ABPLANAIPI JR'
ALLEN C. CH RISTENSEN
OIANE L, I{ERMAN
R. C. STEPHENSON
SPECIAI COUNSEL:
J ERRY W, HANNAH
TELEPHONE:
(970) r+7€-0300
TELECOPIER:
(')701 a76-1765
KAREN M. DUNN
gERlt|ED tEOAt AgStStANt
Law OFFrcEs
Dururu, Aeerlnllp & CHnrsrexseN, P.C.
THE VarL BaNr Bu rr-orre
SurrE 3oo
toa SourH FRoNTAGE RoAD WEsr
Varu. Colonloo a resz
9 october 1995
UCl rr r i$g$
Mr. George Ruther
Town of Vall
Department of Community Development
75 South Frontage Road WestVail CO 81657
Re: Resubdivlsion of Lot P-2
covenantg
TOV-COMIfi,
frTy, 0ffT,
Dear Georges
Thls letter wiII follow up on my letter to you of last week,
ln whtch I attempted to respond to your letter of the 2nd of
October, and our conversation of this morning.
(9t. r understand that your request lvaE for identlficatlon of
ownershLp of the various parcels of the resubdivlded Lot P-2' and
that you have obtalned that lnformatlon.
Oq 2. You have been provlded a copy of the covenants associated
wftn the proposal . However, your question regarding drainage
prompted an examlnation of the existing situation. Based upon that
examination, our client has requested that we provide you with an
alternative set of covenants which provide, as Section 11, for
drainage across hlstorlc routes, while permltting changes ln those
routes upon satisfaction of stated conditions. I am Providing a
revised set of covenants whlch has been marked to ldentlfy the
provieions deallng with the perpetuation of the parkJ.ng use, the
malntenance of the open areas, and the drainage easements.
3. No utlllties are proposed on any lot.@
@ we believe that our modification of the proposed
responds to your concern related to surface drainage.
@VS. wlth reference to the rlght-of-way lssue, $te understandthat it ls your suggestlon that a right-of-way be dedicated around,rather than through, the existing trees. Vte hope to get togetherwith you and wlth Greg HaII prior to Monday's meeting in order to
dlscuss your suggestlon.
Based upon the foregoing, we feel that the application is
ready for conslderatLon by the PEC. We request that the
appllcatlon be brought before the PEC at lts regular meetlng on the
14th of October.
Thank you for your cooperatlon and assistance in thls matter.
xc: P-2 Association
FILE COPY
75 South Frontage Road
Vail" Colorado 81657
970-479-2 I 3 8/479-2 I 39
FAX 970-479-2452
October I, 1996
Art Abplanalp
Dunn, Abplanalp & Christensen, P.C.
The Vail Bank Building
Suite 300
108 South Frontage Road West
Vail, Colorado 81657
Department of Community Developrnent
RE: Resubdivision of l,ot P-2, Block 3, Vail Village lst Filing
Dear Art:
Tbe Town of Vail Community Development Deparfinent has completed an initial review of your
application for a major resubdivision of Lot P-2, Block 3 and a portion of vacated Hanson Ranch
Road, Vail Village I st Filing. Upon completion of our revicw of the preliminary plat thcre are
several issues which must be addressed.
Thepurposeofthisletteristoinformyouoftheissuesyoumustaddress. Eachoftheissues
listed betow must be resolved prior to a public hearing before the Town of Vail Planning and
Environmental Commission. The issues are:
l.Please identiff the ownenhip of each particular lot.
Please provide a copy of 0te nerv covenants for each newly created lot. Of particular
impor0ance is the coutinued use of the lots as parking, and thc maintenance of the existing
landscaping.
Are any utilities proposed on the combined area of the lots? If so, please indicate the
locations and the creation of utility easements.
Pleasc provide surface drainage eas€ments across the combined area of the lots. Based
upon the topogaphy of Lot P-2, surface run-off will be crossing lot lines.
2.
J.
4.
{7u*uoruo
5.TheTo*i3fvailisrequestingthatan8';widepedestrian:T..."otbeplattedalongthe;' ' . , ;;b; bounaury "r
iJi i, r""".commodate a new sidewalk. The consfiuction of a new
sidewalk *o.ila dirlra.e."" ..it i"g parking space. Staff is.confident howcver, that the
one parking spa.e displacrd by the construct'lon of the new sidewalk, could bc replaced
elsewhere onl-ot2.
Again, each ofthe issues addresscd above must be resolved prior to a public hearing on the
preliminary plat before the rt"ooiog uoa nnvironmental commission' currently, review is
scbeduled for Monday, October l'1, 1995'
Should you have any questions or concems with regards to the information addressed in this
f.att, "l always, please do not hesitate in giling me a call' You can reach me most easily at
479-2145.
Sincerely,
Ceorgc Ruther
Tovn Planner
GR/jr
o
Du t,ttt,
Mr. George Ruther
Town of Vail
Department of Community Development
Vail CO
HAND DELIVERED
Re: Resubdivision of Lot P-2, Vail village First Filing
Dear George:
As you are aware, this Office represents P-2 Association, the
entity whlch owns the above Propelty.
As I discussed with you recently,P-2 Association and its
each to be owned bv the entitv whic
to divide the pro rtT storica
rce 1s ,f ive member_s,
each
euseo
iemain a parklnq.facil:ity. In_fact, both the To!,tn's z(
ffinq the parcel prevent anv other use.
Based upon our discusslons, P-2 Association is submitting,
with this letter, its Application for Major Subdivision Review and
associated material . We understand that some of the requirements
which would ordinarily be required under this process are not
requlred because, in part, of the fact that development of the
property is not proposed. Those inapplicable items are noted.
1. List of all adjacent property owners, wlth nailing
addresses and stamped envelopes. The list indicates both (a) the
addresses (or lack of addresses) available from the recorded title
documents and (b) the addresses which we have been able to obtain
from County sources other than the recorded deeds, where addresses
are misslng from those deeds or have been changed.
2, Written statement describing the ptecise nature of the
request, lncluding the existlng situation and the proposed
situation and how the proposal will make the existing subdivision
compatible wlth other properties in the vicinity.
3. Slte plan showing the proposed development includingtraffic circulation, usable open sPace, and Iandscaped areas.
Based upon the fact that no change in current usage is anticipated,
and that no utilltLes are expected to be included or modified,
utilities and drainage features are not included.
Lrw Orrtces
Aepr-aNaLP & CHRts
o
TENSEN,P. C.
JOHN W. OUNN
ARTHUR A. ABPLANALP, JR.
ALLEN C. CHRISTEXSEN
OIANE L. HERMAN
F. C. STEPHENSON
gFtctaL cou SEL:
J ERFIY W. HANNAH
THe VarL Bexx Butt-otxc
SurrE 3oo
roe Sourx FRoNTAGE Rono Wesr
Varu, Colomoo a resz
13 september 1996
TELEPHONE:
(970) 2176 -0300
TELECOPIER:
(9701 476-47fJs
KAREN l.l, OUNN
cERTIFtEO LECAL ASSrgraftt
the
s
4.
5.
Tltle report verlfying ovrnershlp and easements.
Preliminary Plan - Submittal Requirements
A. Tlrelve copies of a prellmlnary plan which' with the
accompanylng site plan, illustrates each of the
following, except those which are noted as being
onitted for a stated reason:
No environmental impact rePort will be
required, due to the fact that the use of the
property will not change.
No topographlc survey will be required' due to
the flci that the use of the property will not
change, and the fact that the To$tn has
recently obtained such a survey in association
with other activities of the Town of Vall.
A survey plat is supplled, although it ls not
a topographlcal survey, due to the fact that
the use o1 the property will not change, and
the fact that the Town has recently obtained
such a survey in assoclation with other
actlvlties of the Town of vail. The survey
plat has not been signed, pending any
modifications required by the Town of VaIl,
but indicates the following, unless noted
othenvise:
a. boundary lines;
b. prellmtnary proposed lots (there will be
no blocks);
c. there will be no easementsi
d. there will be no streetsi
e. there will be no utilLties;
f. contour lntervals are not provlded, as
the Town of vail has that lnformatlon
within its files;
g. drainage will remain unchangedr ds a
result of which drainage is not
ldentlfledi
1.
2.
3.
h. existing condltions on adjacent landi
1. exlsting zoning;
J. there are no areas of forty percent slope
or greateri
k. no utility servlces are required' as a
result of whlch no letters from utllity
companies are being suPPlied;
1. evidence that access ls available by a
maintalned Public road;
m. no soll stablllty analysls Ls provlded,
as the use of the ProPerty will not
change.
n. in order to facilitate the Town's review
of thls ProPosal, the ProPoseddeclarations are being provided at this
time.
5. Flnal Plat - Requlrements and Procedure. we understand
that the following will Ue required at the time of final plat
consideration, based upon the information now available:
A. Elght copies of the flnal plat will be submitted,
as required by the Vail Municipal Code.
B. Such information as may be required under Section
5.8.15 of the Application for Major Subdivision
Review, whlch ste understand will not require
submitt,als of those ltems noted as not to be
suppLied.
a. For the reasons noted above, no reguirement
for an envlronmental lmpact report is
expected;
b. No improvements requiring englneering plans
and sfeclflcatlons are planned, and for that
reason no such plans and speclfications are to
be submitted;
c. No activities requiring gradlng, landscaping
or revegetatLon are expected, and for that
reason no landscaping or revegetation plans
are expected to be required;
d. Conflrmatlon wlII be provided that the project
ts not wlthln a high or moderate avalanche
hazard area or flood Plain;
e. The current tltle insurance wlll be provJ'ded;
f. Copies of any required monument records will
be provided;
tl . No agreements with utlllty companles are
expected. Any which are obtained will be
provided.
h. Protectlve covenants in a form appropriate for
recordlng wlll be Provided.
i. Every effort w111 be made to provide such
other data, certificates, affldavlts or
documents as may be required by the Town of
Vail in the enforcement of appllcable
regulations.
Baeed upon th18 transmittal belng received by the Town of vall
on or before the 16th of September, l|te understand that the hearing
before the Planning and Envlronmental Commission wlll occur on the
14th of October. Please advise me if the Town of Vail's scheduling
dlffers from our understandtng.
Should you have any questlons regarding thls materlal, you may
contact the undersigned.
Enclogures
i{,bpIanalp,
o
UND N,
Law Orrtces
AepLeNlLP & CHRrs
o
TEN sEN, P.C.
JOHN W. OUNN
ARTHUR A. ASPLANALPI JR'
ALLEN C. CH RISTENSEN
OIANE L. HERMAN
R. C. STEPHENSON
EPECIAL COUNSEL:
J ERRY W. HANNAH
Txe Varl BaNx Burt-otHc
Su tre goo
roe Sourx Fnorrace Roro Wesr
Varl, Colonloo eresz
30 April 1996
'ELEPHONE:(970) 475-030('
TELECOPI ER:
19701 476 - 47 65
KAREN M. OUNN
CEFIIFIEO LEOAL A55IS' N'
(t-a,- - =lzzl1l,
ow4%.
Re: Resubdivision of Lot P-2, Vail Village First Filing
you are aware,this Office represents P-2 Association, the
above property.entity which owns the
As I discussed with Andy Knudtsen recently, the P-2
Association, and its five members, wish to divide the property into
separate parcels, each to be owned by the entity which has
historically owned that to-be-created parcel. The parcel would not
change from its historic parking use. In fact, both the Town's
zoning and the covenants governing the parcel prevent any other
use.
Based upon our discussions, P-2 Association is submittingr
with this letter, its Application for Major Subdivision Review and
associated material. We understand that some of the requirements
which would ordinarily be requj.red under this process are not
required because, in part, of the fact that development of the
property is not expected. Those inapplicable items are noted.
1. List of aIl adjacent property owners, with mailing
addresses and stamped envelopes.
2. Written statement describing the precise nature of the
request, including the existing situatlon and the proposed
situation and how the proposat will make the existing subdivision
compatible with other properties in the vicinity.
3. Site plan showing the proposed development including
topography, traffic circulation, usable open space, landscaped
areas, utilities, and drainage features.
George:
4, Tttle report verifying ownership and easements
Preliminary Plan - Submittal Requlrements
A. Twelve copies of a preliminary plan, illustrating
each of the following, where applicable, are being
submitted:
No environmental impact report will be
required, due to the fact that the use of the
property will not change.
No topographic survey will be required, due to
the fact that the use of the property will not
change, and the fact that the Town has
recently obtained such a survey in associationwith other activities of the Town of Vail.
A survey is supplied, although it is not a
topographicaL survey, due to the fact that the
use of the property will not change, and the
fact that the Town has recently obtained such
a survev
of the Town of vai1. fhe survey jotf{icates the
following, unless noted:
a. boundary linesi
b. preliminarv propos€
2.
d.
e.
s.
h.
there wiII
there will"
there will be no utilities;
contour intervals are not provided, as
the Town of Vail has that infornation
within its files;
drainage will remain unchangedr ds a
result of which drainaqe is not
identi fied;
existing conditions on adjacent land;
existing zoning;
there are no areas of forty percent slope
or greaLer;
be no easements;
be no streets;
no blocks ) ;
k. no utility services is required, as aresult of which no letters from utility
companies are being supplied;
I. evidence that access is available by a
maintained public road;
m. no soil stability anatysisp( provided,
as the use of the propgi$-yr wiII notchanse _&be-
6. Final Plat - Requirements and proceMJ. we understandthat the following will be required at the time of final plat
consideration, based upon the information now available:
A. Eight copies of Lhe final plat wiII be submitted,
as required by the vail Municipal Code.
B. Such information as may be required under Section6.8.16 of the Application for Major Subdivision Review, which we
understand will not require submittals of those items noted as not
to be supplied.
a. For the reason noted above, no requirement for
an environmental impact report is expected;
b. No improvements requiring engineering plans
and specifications are planned, and for that
reason no such plans and specifications are to
be submitted;
c. No activities requiring grading, landscaping
or revegetation are expected, and for that
reason no landscaping or revegetation plans
are expected to be required;
d. Confirmation will be provided that the project
is not within a high or moderate aval-anche
hazard area or flood plain;
e. Title insurance will be provided;
f. Copies of any required monument records will
be provided;
S. No agreements with utillty companies are
expected. Any which are obtained wiII beprovided.
h. Protective covenants in a form appropriate for
recording will be provided.
t. Every effort will be made to provide suchother data, certificates, affidavits or
documents as may be reguired by the Town ofVail in the enforcement of appllcabLe
regulations.
Should you have any questions regarding this material, you may
contact the. undersigned.
Very truly yours,
ir
:, ll
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Routed To:$rog Hall, Public Works
Terri Martinez, Public Works
Mike McGee. Fire
Retum To:George Ruther, Community Devclopment
Date Routed:1lt8
Return By:A#
ProiectName:?'Z- yVl*;oe 5.,b"1 ;,Ji<;oJ
Project Address:
Project Legal:Lor ?.7 . E;lol- 3 rlt+"I \lilltae GnA
Project Description:
56 A4-T7+/J4a>
Community Development Plan Routing Form
Approved Denied (cite detailed reasons) Approved with conditions
f :\everyone\domvoulform
a
z Approved enied (cite detailed reasons) Approved with conditions
Community Development Plan Routing F'orm
Routed To:Greg Hall, Public Works
Terri Martinez, Public Works
-
RetumTo:George Ruther, Community Development
Date Routed:ql|8
Return By:fugF
ProjectName:
Project Address:
Project Legal:L.'r'P.L. fi\r;.-L1 \lal \liLlLh€ 6'FtA
Description:
$,ata ,l,htuha
o.a
rHrs rrEM uit tltfftlr8uR
PRoPERTY
NOTICE ls HEREBY GIVEN that the Planning and Envkonmentalcommissjon of the Town of
Vait wi1 hotd a public near-ng ii?d.-Jtbi?iJi *ln Se.iiiii]i.ee'oeo o thelvlunicipal Cod.e of the
Town or Vair on o.tou"r iili'sid, iii'60 p"r,i inint rown or vail Municipal Building. In
consideration of:
A request for an exterior addition to a master bedroom and bathroom and addino a 3rd floor'
utitizins the 2so Oroinancellollitii ttg02tt pot"toi|iiiir-6ii,'arocxl
'
Vail Po-talo Patch
Applicants:Padraic Deighan and Birgit Toome
Dominic Mauriello
A reouest for an interior remodelto add a bedroom and a bahroo4 -o! qpPro.IiJnately 250 squafe-
a;i:';tiffi; rft'd6 odiil;;: 6rJ;d .r r?id sunoursiDrive *er/aiiGolf course rownhomes
Planner:
Applicant:
Planner:
Planner:
Anne & Peter Mounsey and Joan & Marcella Fox
Lauren Walerton
r A request for a maior suMivision of Lot P-2, located at Lot P-2, Vail Village lst Filing
{Aooticant: P-2 Association, represented by Art Abplanalp
fPidnner: George Ruther
A request for a major sDD amendment to.allow for a modification to building 5 of sDD #5'
iociiirO at 1230 Lidnsridge Loop/Savoy Villas, Phase ll and lll
Applicant: Woodstone HomesPidnner: Dominic Mauriello
A request for two 250's in order lo contruct a Type ll EHU, located at1225 Westhaven Lane/Lot
43, Glen Lyon Subdivision
Applicant:Sentry Construction, represented by Pam Hopkins
George Ruther
llllllllll
The applications and information about the proposals are available in the project planner's otfice
ffirG-i"dl"; ottice t orts ioi puOiic lg,speciion, tocated at the Town of Vail Community
Developnient Department, 75 South Frontage Road.
S'rgn language interpretation available upon roqu€st wilh 24 hour notification. Please call 479'21 14 vo'rce or 479-2356
TDD for informatlon.
Comrrunity Development Department
Published'september 27, 1996 in the Vail Trail.
Lot- P-1& AdJacent Property Owners
Ovrner/Address Property Document Date
Galatin
The Margaret HiII Lot K, Block 5-a 20 December 89Marital Trust vall ViIIage Ftfth Fil. R- 02 January 90
Margaret Hunt HiII,
Trustee
5000 Thanksgiving TowerDaIIas TX 75201
The Margaret HIII Changed 15 Aprt1 95Marital Trust
Margaret Hunt HilI,
Trustee
3400 Thanksgiving ToererDaIlas TX 75201
Ramshorn
Ramshorn Condomlnium Association
416 vail VaIIey DrlveVail, CO 81657
ARH Holdlngs Pty Ltd. Condominum Unit c-l 21 December 93
10-5 Marine Parade RamsHorn Lodge Condo R- 04 January 94
The Entrance
New South Wales
Australia 2261
ARH Holdlngs Pty Ltd.
10-1 Lauderdale AvenueFairlight
New South WalesAustralia 2094 Changed 26 April 95
TYM Internatlonal Ltd. Condomlnum Unit C-2&C-3 05 February 93
c/o Gulllermo de RamsHorn Lodge Condo R-
velasco
Insurgentes Sur 1999-1
Mexico 20 DR 01020
Mexico
TYM International Ltd.c/o Guillermo de
velasco
Insurgentes Sur 1999-3
Mexlco 20 DR 01020 MEXICO
Changed 31 March 93
o
Singletree Propertieslnc.Condomlnum Unit C-4&C-5 25 April 90
9 Victoria Avenue RamsHorn Lodge Condo R- 1 May 90
Unley Park,
Adelalde SA 5051Australla
Singletree Propertles, Inc. Changed 15 April 95
c/o VaiI Bookkeeping andAccounting, Inc.P. O. Box 5940
Avon CO 81620
Kiyoshi Murata and Condominum Unit C-5 10 June 88
Chrlstle G. Murata RamsHorn Lodge Condo R- 17 June 88
24226 Choke Cherry Lane
colden CO 80401
Kiyoshl Murata and Changed 15 Aprll 95
Christle G. Murata
459 Clayton Street
Denver CO 80206
Norman G. Kurtz and Condomlnum Unit C-7 10 May 87
Helen MIIler Kurtz RamsHorn Lodge Condo R- 12 June 87
6 Eton Road
ScarsdaLe NY 10583
Norman G. Kurtz and Condomlnum Unit C-8 10 June 93
Helen M. Kurtz RamsHorn Lodge Condo R- 14 June 93
6 Eton Road
Scarsdale NY 10583
singletreePropertieslnc. Condominum Unit c-9&C-10 23 November 88
c,/o Touche Ross & Co. RamsHorn Lodge Condo R- 29 November 88
Attention: B1II Henderson
c. P. O. Box 1240
Adelaide SA 5001Australia
Singletree Properties, Inc. Changed 15 April 95c/o Vail Bookkeeping andAccountlng, Inc.P. O. Box 5940
Avon CO 81520
James B. Pordell QualifiedCondominum Unit CILr20r2L 2L September 94
Personal Resldence Trust RamsHorn Lodge Condo R- 14 October 94
No. 1
2307 York RoadBurllngton NC 272I5
William R. Ahders and
Paula Ahders
321 North Lee
Odessa TX 7976L
Jesus A. Mlranda andCecllia B. de Mlranda
Grupo Promirsa SA
DE C. V. Monte Everest
No. 535-8 Lomas De Chapulteca
11,000 Mexlco DF
Condominum Unit C-12&C-13 01 June 88
RamsHorn Lodge Condo R- 05 June 88
Condominum Unit C-14&C-15 13 JuIy 90
RamsHorn Lodge Condo R- 26 JuIy 90
Mexico
Odessa TX
Niels Vt. Johnsen andMillicent M. Johnsen
#1 whitehall Street20th Floor
Nehr York NY 10004
Niels W. Johnsen andMiIlicent M. Johnsen
174 Rumson Road
Rumson NJ 07750
Moses Lerner
9879 Santa lqonica BIvd.
Beverly Hills CA 9O2L2
Joseph Edmonds Bafford
118 E. 72nd Street
New York NY 10021
Joseph Edmonds Bafford
117 E. 72nd. Street
Nevr York NY 10021
Condomlnun Unit C-16&C-17
RamsHorn Lodge Condo
25 June 85
R- 01 July 88
Changed 11 March 96
Condomlnum Unit C-18&C-19
RamsHorn Lodge Condo
condomlnum Unlt c-22&C-23
RamsHorn Lodge Condo
Changed 15 Aprll 1994
27 Aprll 88
R- 08 August 88
31 MarchR- 07 epril-88
O
Vorlaufer
Vorlaufer Condominlum Associationc/o Ms. Betty Penner
8082 Routt Street
Arvada CO 80005
!{illiam L. Hanlon and Condominum Unit R-2 20 January 77
Marylyn E. Hanlon Vorlaufer Condomlnium R- 31 January 77
Hanlon Famtly Partnershlp
385 Gore Creek Drivevail co 81657 changed 12 JuIy 95
Vorlaufer Condomlnlum Condomlnum Unlt R-3 20 tiay 74Association, Inc. Vorlaufer Condominium R- 20 Jun 74 c/o
c,/o Betty J. Penner
1700 Broadway - *23O2
Denver CO 80290 Changed 12 July 95
William L. Hanlon and Condominum Unit R-4 2 August 74
Marylyn E. Hanlon Vorlaufer Condominium R- 20 August 74
100 East Meadow DriveVaiI CO 81557 Changed 12 July 95
Hanlon Family Condominun Unit R-4 11 May 1992
Partnership Vorlaufer Condominium R- 12 May 1992
385 Gore Creek DriveVail CO 81657
Bruce A. Menk and Apartment Unit R-5 19 December 1985
Brian D. Menk Vorlaufer Condominium R- 24 December
1986
1655 Folsum Street
Boulder CO 80302
Bruce A. Menk and
Brian D. Menk
7209 South Hudson WayLittleton CO 80L22 Changed 12 July 95
Hanlon Famlly Condominium Unit 101 11 May 92
Partnership Vorlaufer Condominium R- 12 May 92
385 Gore Creek Dr.vail co 81657
Howard F. Powersc/o ValI Realty
and Management
302 Hanson Ranch Rd.vail co 81658
Roselands, Inc.
Roselands, fnc.c/o Mr. Kemp
202 North CedarLexington, IL 51753
Carol Kenwood6 South CourtMorristoffiE 07960
Carol Kenwood
5 South Hill Court
Morristovrn NJ 07950
Arthur R. CarrollrJr
and April CarrolL
Arthur R. Carroll, Jr.
and April Carroll
385 Gore Creek DriveVaiI, CO 81657
Willlam Straus
Laurence Straug
Michael Straus, asthe Trustees underthe Helen N. Straus
Residence Trustc/o WeLtzzner, Levine
Hamburg and Chill
Attorneys
437 Madison Avenue
New York NY 10022
Condominium Unit 102Vorlaufer Condominlum
Condomlnium Unit 103Vorlaufer Condominlum
Changed
Condomlnium Unit 104Vorlaufer Condominium
19 April 92R- 22 Aprll 92
20 November 73
R- 18 DecenDer 73
15 April 95
13 December 93
R- 01 January 94
Changed
Condominlum Unit 105
Vorlaufer Condominium
12 July 95
21 November 88
R- 28 November 88
Changed
Apartment Unit 105Vorlaufer Condominlum
15 april 95
20 October 94
R- 05 December 94
Straus, William,
Lalvrence, Mlchael
51 Crest Drive
South Orange NY 07079
Changed 2 October 95
Constance Knight Condominium Unit 201 18 October 58Vorlaufer Condominium R- 13 February 59
Constance Knlght
385 Gore Creek DriveVail, CO 81657 Changed 15 April 95
Bruce L. Evans Condominium Unit 202 05 October 81
1560 Llncoln Street Vorlaufer Condominium R- 25 October 81
Denver CO 80264 31 May 94
R- 22 June 94
Bruce L. Evans
5365 West Princeton Drive Changed ?
Denver CO 80235
Roger A. Parker Condominium Unit 202 18 May 90susanEvansParkerVor1auferCondominiumR--81
201 Ash Street 31 May 94
Denver CO 80220 R- 22 June 94
Roger A. Parker
Susan Evans Parker
5365 West Princeton Drive Changed 15 April 95
Denver CO 80235
Susan R. Evans CondomLnium Unlt 202
372 South Ogden Vorlaufer Condominium
Denver, CO 80209
Robert C. Galvln Condomlnlum Unit 203 02 June 89
Rollings Oaks Farm Vorlaufer Condominium R- 05 June 89Rr. 68Barrington IL 60010
Mary Lou H. Flater Condominium Unit 204 14 June 68vorlaufer Condominium R- 20 June 58
Mary Lou H. Flater
5151 Lakeshore DrlveLittleton CO 80123
Changed 15 April 95
Arthur R. Carroll,Jr Condominium Unit 205 05 Aprit 87
and April Carroll Vorlaufer Condominium R-
6
281 Brldge StreetVaII CO
Arthur R. Carroll, Jr. Changed 15 April 95
and April Carroll
385 Gore Creek DriveVaiI, CO 81657
Cecllla Schocket Condominlum Unit 205 19 October 93
9105 Franklin Square Vorlaufer Condominium R- 22 October 93Drive - *313Baltimore MD 2L237
Cecllla Schocket Changed 12 July 95
3509 Anton Farms RoadBaltimore, MD 2L2O8
Alfred L. Ir{ccray Condomlnlum Unlt 301 31 May 73
Trustee Vorlaufer Condominlum R- 28 June 73
c,/o Sam McCray
Alfred L. McCrayTrustee Changed 12 July 95
c,/o Sam McCray
390 Clayton BIdg.,
4130 Linden Avenue
Dayton, OH 45432
The Stalder Family Condominiurn Unit 302 27 December 95
Limited Partnership Vorlaufer Condominium R- 29 December 95
2800 S. UniversityBIvd. - #81
Denver CO 80210
The stalder Famlly Changed 9 January 96
Limied Partnership
2800 S. UnlversityBIvd. - # 81
Denver, CO 80210
Virginia N. SelfVorlaufer Condomlnlum Condominlum Unlt 303Unit 303 Vorlaufer Condominium
385 Gore Creek DriveVail, CO 81557
Robert C. Galvln Condominium Unit 304 12 August 92
and Mary Galvin Vorlaufer Condominium R- 21 August 92Rolling Oaks FarmsRt.68
Barrington IL 50010
Robert W. Galvin Changed 12 July 95
and Mary GalvinRolling Oaks FArmsRt.58
Barrington IL 50010
Nancy Anne Smith Condominium Unit 305 06 February 95
as Trustee or any Vorlaufer Condominium R- 18 December 73
successor trusteeof the Nancy Anne
Smith Chandler
Revocable Trust U/A
9-L2-94
4514 Cole Avenue
Suite 807
Dallas TX 75205
Nancy Anne Smith Changed 12 July 1995
as Trustee or any
successor trustee
of the Nancy Anne
Smith Chandler
Revocable Trust U/A
9-L2-94
4514 CoIe Avenue
Sulte 807
Dallas TX 75205
Edward B. I{asson Condominlum Unit 306 June 68
vorlaufer Condominlum n: OZ June 68
Edward B. Wasson
440 Monroe Street
Denver CO 80206
ValI Trails Chalet Association
VaiI Tralls Chalets Associat,ionc/o Mr. AIan Kosloff, President
1055 w. 55th Street
Kansas City MO 64113-1113
Changed 12 Juty 95
J. D. Zimmerman Apartment Unit 1 1 August 70
Vail Trails Chalet R- 19 JuIy 73
J. D. Zlnmerman Changed 5 June 95
3709 Dartmouth AvenueDallas, TX 75205
Mark Todd Slnmons Apartment Unit 2 1 October 93
Sarah L. Slmmons VaiI Trails Chalet R- I October 93
410 West Central
Siloam Springs AR 7276L
Mark Todd Simmons Changed 15 Aprll 95
Sarah L. Slnmons
410 west Central
Siloam Springs AR 7276L
Walter Patrlck Gramm Apartment Unlt 3A 22 April 93
695 Prospect Street vatl Trails Chalet R- 28 April 93
wlnnetka IL 60093
tlalter Patrick cramn Changed 15 April 95
695 Prospect Street
Wlnnetka IL 50093
Vonendee Propeties, Inc. Apartnent Unit 38 01 May 96
4823 North 75th tfay Vail Trails Chalet R- 03 June 96
scottsdale Az 85251
Stanley M. Rumbaugh Apartment Unit 4 11 December 53VaiI Trails chalet R- 17 Decetnber 53
Stanley M. Rumbough, Jr.c/o Meyer Handleman Co.P.O. Box 817
Changed 18 March 96
Purchase, NY 10577-0817
Barbara J. Fey Apartment Unit 5A 7 June 74. Vail Tralls Chalet R- 13 June 73
Barbara J. Fey
4200 East Belleview AvenueLittleton CO 80121
Changed 15 April 95
M. Indreika Biskls Apartment Unit 58 I June 75
Vail Trails chalet R- 24 June 75
M. fndreika Biskis Changed 15 April 95
5705 Janes
Doerers crove IL 60515
Nedenia H. Robertson Apartment Unit 5 24 September 87
870 Unlted NatlonalPlaza Vail Trails Chalet R- 14 October 87
New York NY
Nedenia H. Robertson Changed 18 March 96c/o Meyer Handelman Co.P.O. Box 817
Purchase NY 10577-0817
Jeffrey S. Shiffrin Apartment Unit 7A 17 November 95
3130 vail Tralls Chalet R- 28 lsovember 95varr dd--ET6F-
Jeffrey S. Shlffrin Changed 6 December 95
3130 Booth Falls Ct.VaiI CO 81557
Gllbert Balkln Apartment Unit 78 16 August 71
Jeanne E. Balkin Vail Tralls Chalet R- 2 Septernber 71
cilbert Balkln Changed 15 Aprll 95
Jeanne E. Balkin
45 S. Elm Street
Denver co 80222
Walter Patrick cramm Apartment Unit 8 22 Aprll 93
595 Prospect Street Vail Trails Chalet R- 28 April 93
Wlnnetka IL 60093
walter Patrlck Grarun Changed 15 Aprll 95
695 Prospect Street
Winnetka IL 60093
cllbert Balkln Apartment Unit 9 21 December 58
Jeanne E. Balkln Vail Tralls Chalet R- 23 December 68
10
Gilbert Balkln Changed 15 aprll 95
Jeanne E. BaLkin
45 S. Elm Street
Denver CO 80222
Davld F. MacNlel and Apartment Unlt 10 29 February 96
Brenda G. MacNieI Vail Trails Chalet R- 08 March 96
215 East First StreetHinsdale IL 6052L
Alan W. Kosloff Apartment Unit 11 28 Aprit 89
Judy R. Kosloff Vail Trails Chalet R- 2 May 89
5050 Sunset Drive
Kansas City MO 64LL2
AIan W. Kosloff Changed 15 ApriJ- 95
Judy R. Kosloff
1056 W. 56th Street
Kansas Clty, MO 54113-1113
Lygmar Investments, Inc. Apartment Unit 12 19 May 92
Poba Internatlonal 010 Vail Trails Chalet R-P. O. Box 52-1308
Miami FL 33152-1308
MOYB Co. Apartment Unit 13 5 February 89
4582 South Ulster Street Vall Trails Chalet R- 10 February 89
Suite 700
Denver CO 80237
MOYB Co.
P.O. Box 2965vail co 81658
Changed 30 October 95
David H. Reynolds Apartment Unit 14 23 August 95
2120 oak Hllts Drive vail Trails Chalet R- 19 July 73
Colorado Springs CO 80919
Richard H. Bohr Apartment Unit 15 31 December 63vail Traits Chalet R- 20 JanuarY 54
Richard H. Bohr
5025 Deep !{ood Drive
Moreland Hllls, OH 44022
Changed 15 April 1995
11
MPL Trust Reg.Apartment Unlt 16 10 March 94
AM Schragen Weg 2 VaiI Trails Chalet R- 16 March 1994
FL 9490 Vaduz
Liechtenstein
MPL Trust Reg.c/o Mr. Edmund Frick
KREUZSTRASSE 10
FL-9495 Balzers
VaiI Trails East
Changed 22 blay 95
Vall Tratls East Condomlnium Associatlon
885 South Colorado Boulevard
Denver, CO 80222
Interflrst Bank DaIIasNA unit 1A 15 August 83as Independent Executor vail Trails East R- 22 August 83
of the Last WiII of
Joanne Vandenberge HiLt
Post Office Box 83792Dallas TX 75283
Robert Leon Oliver Changed 15 April 1995
P.O. Box 2302
Vail- Co 81658
Edward L. Kern, Jr. Unit 1B 3 October 71
Vivian A. Kern Vail Trails East R- I October 71
vivian A. Karn Changed 15 April 95
6349 N.78th, Unit 127
Scottsdale, AZ 85250
Marjorie S. Roosevelt Unit 2 15 June 90
39 Sunset Drlve VaII Trails East R- 27 June 90
Cherry Hills CO
MarJorle S. Roosevelt Changed 15 April 95
39 Sunset Drlve
Englewood CO 80110
Robert Leon Oliver Unit 3A 24 March 89
Post Offtce Box 2302 VaiI Tralls East R- 19 July 73
Vail CO 81658
T2
Doris A. Balley Unit 38 15 September 83
Apartment 38 VaiI Trails East R-27 Septernber 83
433 East Gore Creek DrlveVail CO 81657
Doris A. Bailey Changed 2 May 95
Apartment 3B
433 East core Creek Drlve 38vail co 81657
nffi5il6s8sc/o Pendleton & Sabian VaiI Tralls East
303 E. 17th Avenue - #300
Denver CO 80203
Transval Holdings, S.A. Changed 15 Aprll 95
c./o Crossroads Realty
P.O. Box 1292Vall Co 81558
Unit 5AValI Tralls East R-
Mobile Home Livings, Inc. Changed 15 April 95
2320 E. MacArthurWichlta KS 67216
Peter R. BuIkIey Unit 58 1 August 70
2515 Crestmont Placewest vail Tralls East R- 19 July 73
Seattle WA 98199
Peter R. Bulkley changed 12 JuIy 95
3530 26th Place w302c
Seattle wA 98199-2L32
Robin A. Vandermolen Unit 5 22 February 90
as Trustee of The Vail Tralls East R- 23 April 90
Vandermolen Family Trust
dated July 12, L979
Post Office Box 2045
Glendale CA 9L209
Norma Isabel Fray Unit 7A 25 August 94
as Trustee of the Vail Trails East R- 11 October 94
Norma fsabel Fray Trust
under Agreement dated
February 8, 1994
433 Gore Creek DriveVaiI CO 87168
13
Norma Isabel Fray Changed 15 April 95as Trustee of the
Norma Isabel Fray Trust
under Agreement dated
February 8, 1994
433 Gore Creek DriveVail CO 81657
Margretta B. Parks Unit 78 1 June 89
One Cantitac Ln. VaiI Trails East R- 5 June 89
Englewood CO 80110
G. Mltchell Whiteford Unit 78 30 JuIy 93
1221 Greenwich Street Vail Trails East R- 17 August 93
Apartment #5
San Francisco CA 94109
Charles H. Cowperthwaite Unit I 16 November 95
Barbara Covrperth$raite Vail Trails East R- 20 Novenber 95
c./o Charles H. Cowperth$raite
4022 South Olive Street
Denver CO 80237
Nancy Burgermeister Unit 9A 29 September 94
Mlchael Burgermeister VaiI Trails East R-30 September 94
433 East core Creek DrLve - #9Avall co 81557
Nancy Burgermeister Changed 26 February 96
Michael Burermeister
26L6L Scenic Road
Carmel CA 93923
Ellzabeth Eber Unlt 98 21 February 91P. O. Box 18765 vail Tralls East R- 28 February 91
Denver CO 80218
Ellzabeth A. Eber Changed 15 April 95
433 Gore Creek DrlveVail CO 81657
John Robert Fovrler, Jf,. Unit 10A 1 December 83
7575 East Arkansas vail Tralls East R- 14 December 83
#14 - 101
Denver CO 80231
L4
J. R. Fowler, Jr., et.al .c/o Fowler Corporation
857 S. Ogden Street
Denver CO 80209-4423
Anthony PaIIen Fowler
1065 Gaylord D
Denver CO 80206
Mary Dalton I'owler
571 Roxbury Road
Stamford CN 06902
Nicholas Noyes Fowler
345 crape street
Denver CO 80220
Joseph Thomas Fowler
345 Grape Street
Denver CO 80220
Hanry Drury Fowler
345 crape street
Denver co 80220
Sarah Benolst Fowler
840 17th Street
Boulder CO 80302
Rlchard D. Rlnehart Unlt
909 Carillon To$rer West vail
13601 Preston Road
Richard D. Rlnehart
9925 Hathaway
Dallas TX 75220
Marshall R. Diggs, Jr. Unit
Anne B. Diggs Vall
3981 South Dexter Street
Denver CO
Marshall R. Diggs, Jr.
Anne B. Diggs
3981 South Dexter Street
Englerrrood CO 80110
Changed 4 May 95
11ATrails East
Changed 15 Aprll 95
November 81
F= 11 Pecember 81
18 January 78
R- 19 July 73
118Trails East
Changed t2 July 95
15
Foster Famlly Llmlted Unlt 12 21 October 94
Partnership
60 South Clermont St.
Denver CO 80222
Vail Trails East R- 21 February 95
Willian K. Simonton and Unit 13A 10 October 86
Marguerite c. Simonton VaiI Trails East R- 22 October 86
1101 Barton Circle
Wilmlngton DL 19807
William K. Slmonton and Changed 15 April 95
Marquerite G. SimontonP.O. Box 3959
Wilmington DE 19807
M. B. Parks Unit 138 19 November 93
P. O. Box 1440 Vail Trails East R- 8 December 93
Eagle CO 81631
charles A. chldsey unit 14 _ August 66
Vail Trails East R-_ SePtember 56
George M. Repetti changed 15 Aprll 95
Ann D. Repettl
1001 VaiI Valley DriveVaiI CO 81657
Ute Anllle Flnn Unit 15 6 August 85
Cervantes Saavedra #157 Vail Trails East R-1.0 September 85
9 PIso
11520 Mexico D.F. Mexico
Ute Amllie Flnn Changed 30 October 95
Sofocles 140
Mexico D.F.
Mexlco 11510
Albrecht Famlly Unit 16A 31 December 93
Partnership, Ltd. Vail Trails East R- 3 January 94
9 Huntwick Lane
Englewood CO 80110
M. B. Parks Unit 158 15 November 93P. O. Box 365 Vail Trails East R- 18 November 93
Vail CO 81658
16
Albrecht Fanily Unit 16A 31 Decenber 93Partnership, Ltd. Vail Trails East R- 3 January 94
9 Huntwick Lane
Englewood CO 80110
A11 Seasons
All Seasons Condomlnlum Assoclatlon
434 Gore Creek DriveVail, CO 81657
Patrlcia A. Mlrlpol Apartment Unlt Al-b 6 December 74
Linda J. Pfeffer AII Seasons R- 23 December 74
Theodore J. Pfeffer, Jr.
Patrlcla A. Mlrlpol Changed 15 April 95
Llnda J. Pfeffer
Theodore J. Pfeffer, Jr.7 Brlar HiII
Champalgn, IL 6L82L
E. A. Moos & Co. Apartment Unit A-28 27 June 91
350 Springfield Ave All Seasons R- ?
Sunmit NJ 07901
E.A. Moos & Co. Changed 15 Aprll 95
47 Maple Street
Summlt NJ 07901
Mary Ann S. Hamilton Apartment Unit A-1 22 June 95
Trustee of the All Seasons R- 26 June 95
Mary Ann Stevens
Hamilton Trust dated
March 7, 1953, and any
successor Trustee
6570 Lima Street
Englewood CO 80112
Theodore J. Pfeffer and Apartment Unit A2 20 August 91
Theodore J. PfefferrJr. All Seasons R- l5 Septembergl
Co-Trustees of the
Revocable Trust Agreement
of Theodore J. Pfeffer
dated July 29, L99L, forthe benefit of Theodore J.Pfeffer, IN TRUST
L7
Theodore J. Pfeffer and Changed 15 April 95
Theodore J. PfefferrJr.
Co-Trugtees of the
Revocable Trust Agreementof Theodore J. Pfeffer
dated July 29, 1991, f.orthe benefit of Theodore J.Pfeffer, IN TRUST7 Briar Hill
Champaign IL 61821
Mary Ann S. Hamilton Apartment Unit A-3 22 June 95
Trustee of the AII Seasons R- 26 June 95
Mary Ann Stevens
Hamilton Trust dated
March 7, 1963, and any
successor Trugtee
6570 Lima Street
EngLewood CO 80112
Leslle C. carcla Apartment Unlt B-1B 25 April 89
5 Saxon Drlve AlI Seasons R- 26 April 89
Poughkeepsie NY 12503
Davld J. Schnegelberger Apartment Unit B-28 20 Novenber 89
434 Gore Creek Drive All Seasons R- 21 November 89
ValI CO 81557
John F. MaIo Apartment Unit B-1 7 December 72
All Seasons R- 14 December 72
John F. Malo Changed 15 April 957 Polo Field Ln
Denver, CO 80209
Elizabeth MaLo Herter 8 December 92
15 Cole street R- 28 Decenber 92
Elwood, Victoria 20 December 93Australia 3184 R- 29 Decenber 93
Kathleen Malo 8 December 92
835 Augusa Drive R- 28 December 92
Moraga CA 94556 20 December 93
R- 29 December 93
Kathleen U. Malo Trusteeof the Kathleen M. AII Seasons Condominium
Mallow Trust Unit B-1
835 Augusta Drlve
Morago CA 94556
18
Edward WlIIlam Perrot,tMpartment Unit c-28 14 December 95
434 Gore Creek Drive A11 Seasons R- 4 January 96
#G-28
VaiL CO 81557
David J. Schnegelberger Changed 19 January 96
434 Gore Creek Drive
# G-28ValI CO 81557
John R. Kaemmer Apartment Unit B-2 _ August 75Julia D. Kaemmer All Seasons R- 13 August 75
John R. Kaemmer Changed 15 April 95Julia D. Kaenmer
434 Gore Creek DriveVall CO 81657
Cassandra E. Busby, Apartment Unit B-3 I June 92
Trustee, or her AII Seasons R- 5 Novembet 92
successors in trust
under the Busby
Family Llving Trust
16910 lilW Joscelyn St.
Beaverton OR 97005
Cassandra E. Busby, Changed 15 April 95
Trustee, or her
successors in trust
under the Busby
Family Living Trust
14020 NVf Harvest Ln.Portland OR 97229-3646
Thomas J. Decoene Apartment Unit B-4 7 September 93
Adelia M. Decoene All Seasons R-
Masters Nishlhara #101
44-26 Nlshlhara
3-Chome
Shibuya-Ky
Tokyo, 151 Japan
Thomas J. Decoene
Ade1ta M. Decoene
213 Riverside Drive
Rlverslde CT 05878
Changed 15 April 95
19
Tlmothy E. Wyman and Apartment Unit B-5 24 Decembet 92Karin W. Morgan AII Seasons R-
as Trustees underTrust Agreement dated
December 24, 1992 entitledIlsabe Wyman Grantor Trust
31 South Harrison Street
Easton, Maryland
Tinothy E. Wyman and Changed 15 April 95
Karln W. Morgan
as Trustees under
Trust Agreement dated
December 24, 1992 entltledIlsabe Wyman Grantor Trust
31 South Harrison StreetEaston, Maryland 2L6OL
Frederick Wyman II as Apartment Unit B-5 4 November 93
Trustee under The Vall All Seasons R- 13 December 93Trust, dated January 4, 1993
80 whippoorwlll Road
Armonk NY 10504
frederick Vlyman II as Change 15 April 95
Trustee under The VallTrust, dated January 4, 1993
93 l0hippoorwill Road
Armonk l{Y 10504-1108
Ernle Stautner and Apartment Unit C-1B&C-28 _ March 93Jlll Stautner All Seasons R- 12 March 93
434 Gore Creek DriveVall, CO 81637
Ernle Stautner and Changed 18 JuIy 95JilI Stautner
434 Gore Creek DriveVail, CO 81557
Ellzabeth A. Shannon Apartment Unit C-l 7 May 93
3098 S. Pennsylvania ALl Seasons R- 13 May 93
Englewood CO 80110
20
Stuart M. Schulman and Apartment Unit C-2 29 January 93
Sarah U. Schulman All Seasons R- 3 February 93
1033 Marble Way
Boca Raton FL 33432
Pettee Industries, Inc. Apartment Unit D-lb 2L ApriL 77
Box 2637 AII Seasonsvail co
Pettee Industries, fnc. Changed
R- 25 Aprtl 77
Box 2637Vail CO 81558
G. Anthony Brosrn Apartment Unit D-2b 27 September 95
Revocable Trust All Seasons
2395 Bald Mountain Road
R- 4 October 95
Vall CO 81557
G. Anthony Bryan Changed
Revocable Trust
2395 BaId Mountain RoadVail CO 81557
Alice K. Jump Apartment Unit D-l 15 October 85
434 Gore Creek Drive AII Seasons R- 16 October 86Vail CO 81557
Alice K. Jump Changed 2 May 95
and MarJorle B. Jump
434 Gore Creek DriveVail CO 81557
Byron T. Edwards and Apartment Unit D-2 _ January 89
Francolse N. Edwards AII Seasons R- 17 February 89
349 Woodglen Road
Glen Gardner NJ 08826
Byron T. Edwards and Chganged 15 April 95
Francoise N. Edwards
570 Woodglen Rd.
GIen Gardner NJ 08826
Henry L. Bray and Apartment Unit, D-3 29 October 90Virglnla G. Brey All Seasons R- 6 November 90
214 South Holman Waycolden CO 80401
2L
Henry L. Brey andVirginia G. Breyc/o Roger E'ertlg
P.O. Box 2514
Evergreen CO 80437
Changed 5 October 95
A. M. Sellke & Co. Apartment Unit D-4 13 Decenber 84
Cyrus G. AIIen, Jr. Apartment Unit D-5 26 November 84
5220 Southwood Drive A11 SeasonsLitt,leton co 80121
Cyrus G. Allen III A1l SeasonsP. O. Box 2205VaiI CO 81658
Cyrus G. A1len, Jr.
Cyrus G. Allen IIIP. O. Box 242ValI CO 81658
R- 23 January 85
R- 7 December 84
Changed 15 April 95
Cyrus G. Allen, Jr. and Apartment Unit D-5 24 Nlarch 92
Lucl1le L. Allen All Seasons
2800 S. Unlversity Blvd.
#L29
Denver CO 80210
Cyrus G. Allen, Jr. and
LuciIIe L. Allen
2552 E. Alameda Avenue 79
Denver CO 80209
R- 9 April 92
Changed 25 April 95
AII Seasons CondominLum Apartment Unit E-lB, L7 August 73
Association E-28 and G-48
434 Gore Creek Drive AIl Seasons R- 6 December 94Vall CO 81557
Dan Kubey Apartment Unit E-1 25 July 75
All Seasons R- 7 August 75
Changed 15 April 95Dan Kubbyc/o Estate of Dan Kubbyc/o Jack Shaffer, Personal Representative
10200 E. Glrard, BIdg. B, *20
Denver CO 80231
Suzanne E. Gartner Apartment Unit E-2 10 November 93
4850 Woodland Drive AII Seasonssandpoint Idaho 83864
22
R- 15 November 93
Suzanne E. Gartner Changed 15 April 95
P.O. Box 18166
Avon CO 81620
Lucllle Burnside Apartment Unit F-l 31 May 90
Robinson, Trustee All Seasons R- 7 June 90
8101 E. Dartmouth #80
Denver CO 80231
Lucllle Burneide Changed 15 Aprll 95
Robinson, Trustee
300 Gilpln Street
Denver CO 80218
J. B. Beckett Apartment Unit F-2b 15 August 67
204 Eastmoor Drive All seasons R-28 september 57
Marshall TX
Robert I. Llpp Apartment Unit f-2 & F-3 28 August 95
Quallfled PersonaL All Seasons R- 31 August 95
Residence Trust
38 Park Road
Scarsdale NY 10583
Lorance L. Greenlee and Apartment Unit c-18 18 March 83
Barbara Greenlee AIl Seasons R- 31 March 83
1032 Hawthorne
Boulder CO 80302
Lorance L. Greenlee and Changed 18 July 95
Barbara Greenlee
325 S. 58th Street
Boulder CO 80303
Ernle Stautner Apartment, Unit c-3b 30 August 91
2581 Larkspur Lane All Seasons R- 4 September 91VaiI CO 81657
Ernie Stautner Changed 18 July 95
434 Gore Creek Drivevail CO 81557
The Joseph T. Kendrlck Apartment Unit G-l 16 March 95
Family Living Trust All Seasons R- 3 April 95P. O. Box 3411
23
The Joseph T. Kendrick Changed 15 April 95Fanily Llvlng Trust
P.O. Box 3411ValI CO 81658
WiIIiam A. Pollard and Apartment Unit c-2 26 July 85
Jeannette PoIIard AII Seasons R- 5 August 85
577 Tlmberlane
Devon PA 19333
William A. PoIIard and Changed 15 April 95
Jeannette PoIlard
25 Maln Street
Essex CT 06426
B & B Investments Apartment \Unlt G-3 3 February 92
129th and 80th Avenue All Seasods R- 10 April 92
Palos Park IL 60464
Douglas M. West Changed 14 March 95
100 Sands Polnt Rd.,unir 324
Longboat Key, FL 34228-3907
Jandic Investments Apartment Unit c-4 31 October 95
Julian R. Hansen and AII Seasons R- 5 November 95
Barbara P. Hansen, partners
497 White Oak Lane
Lake Barrington IL 60010
Tivoli Lodqe:
Robert T. Lazier and Lot e, Block 2 12 November 58
Diane J. Lazier VaiI ViIIage Fifth FllingR- 15 November 68
Robert T. Lazier and Changed 15 April 95
Diane J. Lazier
P.O. Box 627vail co 81558
24
o
TOWN OF VAIL
fARTi\lEiYT OF CO:II lll Un-ITY DE\ELO'l!lEl\-T
I)ATE IL
}R(}IECT
CIIECKS MADE PAYABLE TO TOWN OFVAIL
*
:|la
sr
l9*
n
uF{IEtrsstip
5
49
x
!5J
0 0000 41540 ZONING AND N DDRESS MAPS $5.00
0000 424 | 5 U NI I.;ORM I] UI LD I N.IETODI- --s54.00
0 ooo0 42415 UNIFORMPLUMI]M st9.o0
0 oooo 424t5 UNIFORM MECI{ANIEAL CODI]$3 7.00
0 oo00 4241 5 UNII.ORM FIRI] CODE s36.00
uJu, 424 l5 NATIONAL ELECTRIEAITODE s37.00
0 oo00 424 r5 O rI II:R CODI: IIOOKS
0 0000 4l 5jl8 BLV! PRINTS (MYLARS 5 /.00
0 oo00 42412 XEROX COPllrS s0.25
0 oo00 42412 STUDILS
0 aoo0 42412 TOVFEES COMPUTER PROCRAM $).(r0tg0000 42i7t PL,NALTY FEES i RE.INSPECTIONS
0 0000 4t332 PLAN REVIDW RE.CHIJCRTI'E_IS4dPERTIRf--
0 0000 42332 ()FF IIOURS INSPF-CTION I-l:1.1S
0 0000414t2 CO NTR CTO RS L I C]NSESFI;I.J
0 oo00 41413 SIGN APPLIC^TION I-i:E s20.00
0 0000 4t413 ADDITIONAL SIGNACE FEE-TSITOTERTOTT
t!
a
!l
g
E.
0 0000 42440 VTC ART PROJECT DONATrcN
0 0000.413i I PREPAIDDESIGNRW
{_!l oo00 42371 INVESTIGN TION I'F]I.: (tsUILDING
J oooo45lto TOV PARKING I.UND
0 oooo 22027 I OV NITWSPAPI.:R DISPI-NSl;l( t UNDi 0l 0000 2lll2 TAXABLE@4.srm
+ 0l 0000 410t0 TAXABLE@4.02 (TowN)
0000 42J71 IJUILDINC INVESTICNTION its
EI;It.p
sT'EI'EC APPLICATION FEES
0 0000 41330 ADDITIONAL GRFA "250"5.100. {JU
a!
td
f
o ooo0 4 t.130 COND ITIONAL US E PEIT'iJT s200.00
0 ooo0 4t 330 EXI-bRIO!! ALTERATION ILESS TH,'\N IOO SQ.FT,]s200.00
0 oo00 4 r330 EXTERIORALW s)rjo.00
0 0000 4l 3i0 SPECI I- D 5 t ,)00.00
0 I 0(}00 41 330 SPEEI s I.000.00 F
-0J4€€€4++34-SI-ECTAL DE s200.00
STJtsDIVISION tth-D6
0 0()00 4l 330 NCI:s250.000l oo00 4tt30 ZONING CODE AMENDMENTS 5250.OO0l 0000 4r330 RE. ZONING s200.00
OT}IER
OTITER @-?' zcoMMENrs: I c-.'- 3'r L=di Vtsr rr-'r'-,-.,
cAsu r-t r*,r7 I ?1', u. oL,*ec.sv. (
^/J
T(flrlhl gF LrFl I l-
Hiscell*reor.rs Cash
g?-16-96 16:58:49
EFceiFt. * ?66443
Fccgunt* [tifi?199
Rflfl5 HOEH L0o6E C0tlt)cr\5LlB0ll'
grrc,unt tendgretj )' llfiS'SF
Ilem Psid gnc|.rrt Faid
E16BgB4l33Erg66 1168.68
fhange returnetJ )' E ' Ft:t
THFIhII< VOI-I
\!cur cashier EEFTHff
AI,TA COM
SCHEDULE
- Charges -
AL,TA Owner Policy
Tax ReporE --TOTAL--
*** THIS IS NOT AN INVOICE, BUT AN
TO THIS ORDER, PTEASE REFERENCE
2.
Effective DaEe: February 02,
Policy to be issued, and ProPosed
"ALTAI Owner's Policy 10-17-92
Proposed Insured:
TO BE DETERMINED
The est,aEe or interest in Ehe fand
Ehis CommitmenL and covered herein
A Fee Simple
1-996 aE 5:00 P.M.
Insured:
described or referred t.o in
isr
4 Title Eo the estaEe or interesE covered herein is aE Ehe
effecEive daEe hereof vesEed in:
P-2 ASSOCIATION, A COLORADO CORPORATION
The Land referred to in Ehis CommiEment is described as
follows:
LOT P-2, VAII-, VILLAGE, FIFTH FILING, ACCORDING TO THE RECORDED
PI,AT THEREOF, COU}TTY OF EAGLE, STATE OF COLORADO.
AND
A PART OF A VACATED PORTION OF HANSON RANCH ROAD BETWEEN GORE
cREEK ROAD AND_TE-- CREEK DRIVE AS PI,ATTED IN VAIL VILI.,AGE
FIFTH FII,ING, COI'NTY OF EAGI,E, STATE OF COLORADO, AI{D MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
oLIEPUBTTC NATToNAL TrrLE TURANCE COMPAITY
MITMENT
A
Our Order # V252549
For Information OnlY
sL70 .00
$20 .00
$190 .00
ESTIMATE OF FEES. WHEN
onR oRDER NO. V252549
REFERRING***
PAGE
oi,lEpuBtrc NATToNAL TrrLE i{ISANCE CoMPANY
ALTA COMMITMENT
SCHEDULE A
Our Order # V252549
COMMENCING AT A POI}rI| ON TI{E CENTER LINE OF HANSON RANCH ROAD,
SAID PO]NT BEING THE POINT OF INTERSECTION OF THE CENTER LINE
OF SAID HANSON RANCH ROAD A\ID THE NORTHEASTERI.'Y LINE OF GORE
CREEK ROAD; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF SAID
HANSON RANCH ROAD A}ID ON A A}IGLE OF 90 DEGREES OO MINUTES OO
SECOI\IDS FROM SAID NORTHEASTERLY LINE OF GORE CREEK ROAD 52.94
FEET TO A POINT OF CIIRVE; THENCE ALONG SAID CENTER I''INE AliD
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 161..41 FEET, A
CENTRAL ANGLE OF 47 DEGREES 21 MINUIES 06 sEcoNDs, AIv ARC
DISTAIICE OF 133.39 FEET TO A POIMI OF TANGEMT; THENCE ALONG
SAID CENTER LINE AI{D AIONG SAID TANGE}TT A DISTANCE OF 2O.OO
FEET TO A POINT OF INTERSECTION WITH THE SOUTHWESTERLY LINE OF
GORE CREEK DRIVE; THENCE ON AN ANGLE TO TIIE LEFT OF 90 DEGREES
O MINUTES OO SECONDS AND ALONG SAID SOUTHWESTERTY LINE 4O.OO
FEET; THENCE ON AN AIIGLE TO THE LEFT OF 180 DEGREES 00 MINUTES
OO SECONDS AND ALONG THE NORTHWESTERLY LINE OF HANSON RANCH
ROAD AND ALONG A CT'RVE TO THE RIGHT HAVING A RADIUS OF 2O.OO
FEET, A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 sEcoNDs, AN
ARC DISTANCE OF 3t.42 FEET TO A POINT OF COMPOUND CURVE; THENCE
AI,ONG SAID NORTI{WESTERIY LINE A}TD AI.,ONG SAID COMPOUND CURVE TO
THE RIGHT HAVING A RADIUS OF 141.41 FEET, A CENTRAL AIIGLE OF 47
DEGREES 21 MINUTES 05 SECONDS, AN ARC DISTANCE OF 116.87 FEET
TO A POINT OF TANGENT; THENCE ALONG SAID NORTHWESTERLY LINE AND
ALONG SAID TAITGENI 32.94 FEET TO A POIIIT OF CURVE; THENCE ALONG
SAID NORTHWESTERLY LINE A}TD AI.,ONG A CURVE TO TITE RIGHT HAVING A
RADIUS OF 2O.OO FEET, A CE}T|RAL ANGLE OF 9O'OO DEGREES OO
MINUTES OO SECOITDS, A}I ARC DISTANCE OF 3!.42 FEET TO A POINT OF
INTERSECTION WITH THE NORTHEASTERLY I-,,INE OF GORE CREEK
ROAD; THENCE ON AN AIIGLE TO THE LEFT OF 180 DEGREES 00 MINUTES
OO SECONDS AITD AI.,ONG SAID NORTHEASTERLY LINE 4O.OO FEET TO THE
TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLOR.ADO.
NOTE: THE FINAL POLICY DOES NOT IN A}IY WAY GUARANTEE OR INSURE
THB DIMENSIONS OF TITE ABOVE DESCRIBED LAND, THE LEGAI'
DESCRIPTION IS DERIVED FROM THE CHAIN OF TITLE AND ONI'Y }fT
ACCURATE SI]RVEY CAN DETERMINE THE DIMENSIONS.
PAGE
oO" coMMrrMENtO
SCHEDULE B-1
(RequiremenLs)
IF THERE IS A CHANGE IN OWNERSHIP OF THE
THE VESTED OWNER SET FORTH IN ITEM 4 OF
PROVISIONS AND CONDITIONS OF THE TOWN OF
APPLICABLE.
The following are the requirements Eo be complied with:
PavmenE Eo or for the accounE of the granEors or mortgagors of-tr.l"t"if-.otriiaer.E,ion for Ehe estate or inEeresL to be
insured.
Proper instrument(s) creating,the esEaLe or interesE to be
insured musE be executed and duly filed for record, to-wit:
Our Order # V252549
PROPERTY TO BE INSURED HEREIN
SCHEDULE A HEREIN, THE TERMS'
VAII, TRANSFER TN{ MAY BE
FROM
1.
===
THEcoUNTYCLERKANDRECoRDERSoFFIcEREQUIRESRETi,RN
ADDRESSES ON DOCUMENTS SE}TT FOR RECORDING! !
* * * * * * * * * * * * * * * * * * * * * * * * * NOTE * * * *:h * * * * * * * * * * * * * * * * * * * * * *
RECORDTNG FEES I{AVE TNCREASED AS OF JULY 1, 1995 TO $6'00
FoRTHEFIRSTPAGEAI{D$5.o0FoREACHADDITIoNAI,PAGE.
RELEASESHAVEINCREASEDTo$I4.ooFoRTHEFIRSTPAGEAND
$5.00 FOR EACH ADDITIONAI PAGE-
PAGE
o C " c o M M r r m u w tf
SCHEDULE B-2
(Exceptions)Our Order # V252549
The policy or policies Eo be issued will conEain exceptions to Ehe
iliifSri"s'unleis ift. =t*" are disposed of Eo the satisfaction of
the ComPanY:
1. SEandard Except.ions 1 Ehrough 5 prinEed on the cover sheeL '
6. Taxes and assessmenEs not yeE due or payable and sPecial
assessment." ,roi yeE certified t.o Ehe treasurer's office.
7. Any unpaid Eaxes or assessments againsE said land'
L Liens for unpaid waEer and sewer charges, if any'
g.RIGHToFPRoPRIEToRoFAVEINoRI,oDEToEXTRACTA}iDREMovEHISoRE
THEREFROM SHOULD THE S.A.}48 BE FOUND TO PENETRATE OR IN'TERSECT THE PREMISES
AS RESERVED IN LNITED STATES PATEIi:r RECORDED May 20, 1905, IN BOOK 48 AT
PAGE 511.
]-0. RIGHT OF WAY FOR DITCTTES OR CANALS CONSTRUCTED BY THE AUIHORITY OF THE
uNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED May 20' 1905' IN
BOOK 48 AT PAGE 511.
1].. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT oMITTING RBSTRICTIONS, rF ANY, BASED oN RACE, COLOR' RELIGION',
oR NATT9NAL 9RTGTN, AS CoNTATNED iN TNSTRUMENT RECoRDED November 05, L965'
IN BOOK 187 AT PAGE 353 AND AS AMENDED ]N INSTRUMENT RECORDED AU91ISI' 27'
Lg84, TN BOOK 393 AT PAGE 492, WHICH COVENANTS COI{TAIN SPSCIFIC
RESTRICTIONS AS TO SUBJECT PROPERTY'
EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RBSERVED ON THE
RECORDED PLAT OF VAIL VILLAGE, FIFTH FILING.
RESTRICTIONS AS CONTAINED IN VACATION OF ROADWAY RECORDED SEPTEMBER 10'
1.959 IN BOOK 21.5 AT PAGE 959.
TERMS, CONDITIONS AT{D PROVISIONS OF PROTECTIVE COVENA}fTS RECORDED MATCh 03'
1.9?7 IN BOOK 253 AT PAGE 48.
t-\
/rS). ffnr'ltS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED }4ay 22, 1'984 IN BOOK
\-"' 386 AT PAGE 32.
,6!. tt*ts, corlDrrroNs AND pRovrsroNs oF coNsENT DocUMEITTS RECORDED AugusE 13,
'J 1984 rN BooK 392 AT PAGE 248, 249, 250 AliD 25L.
ratal
7\a
r-)V
PAGE
DECLARATION OF PROTECTIVE COVENANTS
LOT P-2
BLOCK 3
VAIL VILLAGE FIFTH FILING
EAGLE COUNTY, COLORADO
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, belng
Lhe only obtner of the land described as Lot P-2, Block 3, VaiIVlllage Fifth Flllng, and a portlon of vacated Hanson Ranch Road,
described on Exhlbit A hereto, Eagle County, Colorado (hereinaftercollectively referred to as "Lot P-2"), and belng desirous ofprotectlng property value, and protecting the health, convenience,welfare and use of t,he future owners of Lot P-2, does hereby
declare that it desires to establish certain limitations upon thefuture use of Lot P-2 and to provide for the cornmon maintenance ofcertain improvements and features located and to be located on Lot
P-2,
IIHEREFORE, the undersigned does hereby declare and adopt thefollowing protect,ive covenant,s, each and all of which shall be
appllcable to and run with LoL P-2, Bl.ock 3, Vait Vlllage FifthFlllng, Eagle County, Colorado and a portlon of vacated Hanson
Ranch Road, described on Exhibit A hereto, Eagle County, Colorado:
1. Definitions.
A. "Common Expenses" means and includes all sumsarising from the maintenance of certain improvements located and tobe located on Lot P-2, which shall be borne among those future
owners of Parcels (as herelnafter defined) of Lot P-2 who may be
responsible for such expenses under the terms of this Declaratlonof Protectlve Covenants.
B. "Guest" means any agent, employee, tenant, guest,
Ilcensee or lnvitee of an Owner.
C. "Owner" means each Person or Persons, as hereinafter
defined, owning each Parcel (as hereinafter defined) of Lot P-2, infee simple, along wlth the heirs, successors, assigns and
representatlves of said person or persons.
D. "Person" means any individual, corporation,partnership, combinatlon, associatlon, trustee or any other legalentlty.
E. "Parcel', means any one of the parcels into which LotP-2 is divided under the resubdlvision plat recorded in the recordsof the Eagle County Clerk and Recordef in Book _ at page _.
F. rrl,ot P-2" means, collectively, that real propertydescribed as Lot p-2, Block 3, Vail village ftftn Flllng, inO Iportion of vacated Hanson Ranch Road, described on Eihibit Ahereto, Eagle County, Colorado, and any resubdivision thereof.
Lot P-2, and each of the
3.Prohibltion Construction Above round Level .Exceptin onI andsca in retainin walLs necessa or thert of nq, and other evlces assoclated with the use of
P-2 above e u evel existlnq on the date o this Declarationof Protec ve ovenan
4.Obllgations of Owners. Each owner shall maintain andrepair its Parcel in a manner consistent with t,he maintenance andrepair of other Parcel.s within Lot p-L, including, by way of
example and not of limitation, the maintenance and repair of pavedparking areas and necessary retaining walls, and the creation,maintenance, irrigation and perpetuation of landscaping. Each
Owner is required to cooperate with Owners of any adjacent Parcelln the creatlon and maintenance of landscaptng and other featuresaffecting both parcels (such as retaining walls), and bear aportion of the cost of such activities as set forth herein, unlesssuch Owners agree in writing to a different allocation ofresponsibillty. Owners shall be permitted but not required to
cooperate in the installation of lrrigation systems, Any disputearlsing from the obligations set forth in this Section shall beresolved in the manner set forth herein related to DisputeResolution.
5. Common Expenses. Unless otherwise agreed in writing
among tne [affil[EEing-6irners, the Common ExpenJes shall be madeby equal divlsion among the Owners of the Parcels adjacent to the
2,
A. Parkins of passenser vehicles having a weight ofless than 10,000 pounds, togeth-i wtEh-ilnprovEfrents aisociated withsuch use, including, by way of example and not of limitation, pavedparking lots and security gates.
B. Landscaping.
C. Underground utillty lines.
Llmitation of Use of Lot
actlvltles for whrch the expense lncurred. Each owner havrngresporrsibillty to pay expenses toward a shared common Expense a5set forth herein shall be obrigated to pay the portion- of theexpense set forth herein, or as otherwise- a-greed iln writing wiinthe.other partrclpatlng ohrners, to meet the cornrnon Expenses of suchactrvity, wlthln ten days of demand by an owner who- has "*p.rroeasuch common Expense or proposes to incur such comrnon Expense-. Anydlspyt-e arising from the obligations set forth in this sectionshall be resorved in the manner -set forth herein related to DisputeResolution.
6. Enforcqqlen! an_d corrgctlon of common Expenses. Any ownerto whom anffi tnis Decraration of protectivecovenants for comnon Expenses may colrect such amount through theDlspute Resolution procedure set forth herein, and the enforcementof the results of such Dispute Resolution procedure. Theprevairing party-In any such pioceeding shall be- ent,itled to itsattorneys' fees incurred in assoclation with such colrection anddlspuLe resolution effort,
7. Lien f . All sums due butunpaid in affiExpenses shalr be a rien againstthe Parcel whose portion of such expenses remains unpaid f5r tendays after demand, and shalr, when pioperly recorded, constitute alien on such Parcel prior to arl -otfrer iier,s and encumbrances,except only tax and speciar assessment liens on the unit in favorof a, governmentaL authority. rf any common Expense sharl remainunpaid after thirty days from dernand tor paytnenL thereof, the ownercraiming such common Expense may i.mloie a penarty on suchdefaulting ohrner equal to 5t of such alnount as is due-, togetherwlth interest at the rate of two percent per month.
To evidence such llen, the owner claiming such comnon Expensemay prepare a written not,ice setting forth the amount of suchunpaid lndebtedness, the name of thd owner cratming the conmonExPense, the name of the owner owing such common Expense, and thedescription of t,he parcel subject t,o the lien criated by thisDeclaration of Protective covenlnts. such notice shalr be iignedby t'he owner clalming the common Expense or the representativ5 ofthat owner and may be recorded ln the office of the clerk andRecorder of the count.y of Eagre, state of colorado. such lien forcomrnon Expenses sharl att,ach from the date of the failure ofpayment of the common Expenses. subsequent to reduction of thellen to an award through the Dispute Resolution procedure set forthherein, such lien may be enforced by foreclosur6 of the defaultingoerner's Parcel by the owner craiming the common Expense in lik6manner as a mortgage on rear property upon the recording of anotlce or clalm thereof. rn any correclton errort or forecfosure,the prevairing owner is entitleb, to recover the costs and expenses
o
of such efforts or proceedings, and costs and expenses for flIlngthe not,lce or clalm of lien, and all reasonable at,t.orneys, fees.The Owner claiming the Common Expenses shall have the power to bidon the Parcel agalnst whlch the foreclosure was Instltuted at anyforeclosure sale and to acquire and hoJ.d, lease, mortgage and
convey the sane.
8. Ownersr Obligation for Payment of Common Expenses. The
amount of the Common Expenses which is the obligation of each Or^rnerunder this Declaration shall be the individuat debt of the Ownerthereof at the time the Common Expense is lncurred. Subsequent, toor in association with the reduction of the claim to judgment
through the Dlspute Resolution procedure set forth herein, suit toreceive a money judgment for unpaid Common Expenses, and costs ofsuit and attorneys' fees, shall be maintainable without foreclosingor waiving the lien securing the same. No Owner nay exempt itself
from liability for its responsibility for the Common Expenses by
waiver of the use or enJoyment, of any of the Comrnon Elements or by
abandonment of lts Unlt.
9. Liabilitv for Conmon Expense . The granteeof a Parc h the grantor
for a1I unpaid assessments against the latter for any Common
Expenses due to another O,!'rner ln association with the Parcel being
conveyed up to the time of the grant or conveyance, withoutpreJudice to the grantee's right to recover from the grantor the
amounts paid by the grantee therefore; provided, however, that'
upon written request, any such prospective grantee shall beentitled to a statement from the adJoining Owners setting forLh the
amount of any unpald Common Expenses, with respect to the subJectParcel, and any amounts which are projected and may be charged
against the subject Parcel within a time period specified by the
proposed grantee, not to exceed six months. In the event no
response is recelved from any Owner withln twenty days after
receipt of the reguest, the prospectlve grantee shall be permitted
to rely upon such failure to respond as confirnatlon that no amountis owed by the prospective grantor from the Owner failing to
respond.
10. Eqgements. For purposes of carrying out any and all ofthe provisTd;-T-this oetlaiation of Proteclive covenants, each
Owner shall have an easement for naintenance and repair purposes
within flve feet of each property line common to two Parcels,provided that the activities conducted under this easement grant
sha1l not be injurious to or interfere with the activities on any
other Owner(s) on the adjacent parcel .
11. Dispute Resolution. In the event of any dispute among
the Owners arising from this Declaration of Protective Covenants,
excepting only disputes relating to the use of any parcel forpurposes p4ohibited or not authorized under this Declaration ofProtectlve Covenants, any Owner desiring the resolution of suchdispute shall apply for arbitration of such dlspute under theUnliorm Arbltrati-on-ect (offiy sffi-ssor statute) then ln effectln the State of Colorado. If available, the resolution shall occur
throuqh the American Arbitration Associat.ion;-those rules shall, inthe event of conflict, supersede the appticable Colorado statute.Notwithstandlng the foregoing, any Owner injured by the acts or
omlssions of another Olvner may apply for and obtain preliminary
equltable judicial relief pending the resolution of any arbltrationproceeding. In the event of a dispute regarding the use of anyParcel for purposes prohibited or not authorized under this
Declaratlon of Protective Covenants, the complaining Owner shall beentitled to apply directly for Judicial relief or may apply forarbitration, reserving the right to apply for and obtainpreliminary equltable JudiciaL relief pending the resolution of anyarbitration proceedlng.
12, Miscellaneous.
A. A11 the provisions contained in thls Declaration ofProtective Covenants shall continue or remain in fuII force untilthis Declaratlon of Protective Covenants is terminated, revoked or,with respect only to any portion which may be amended, until this
Declaratlon of Covenants is amended as herein provided.
B. ,Thls Declaration
amendedr termi
instrument specifvino the anendment or effective ternlnation or
revocation, executed bv the O!,rners. as shown by the records of the
Offlce of the Clerk and Recorder of the County of Eagle, State of
Colorado, of Parcels representing an aggregate ownership lnterestof at least 75t of the Parcels.
C. The provisions of this Declaration of Protective
Covenants shall be in addition to aLl other provisions of law ofthe State of Colorado and the master Declaration of Protective
Covenants recorded for VaiI Village fifth filing.
D. Whenever used herein, unless the context shall
otherwise provlde, the singular number shall incLude the plural'
the plurat the singular, and the use of any gender shall include
all genders.
E. Each Owner shall register its mailing address with
each other Olvner. All other notices and demands intended to be
serve upon an O&rner shall be delivered personally or sent elther by
regisLered or certifled mail, postage prepaid, return receipt
requested, addressed In the name of the Ownermailing address.
F. This Declaration of Protectiveblnding upon and shal1 Lnure to the benefit ofhelrs, personal representatlves, successors and
them.
at such registered
Covenants shall be
each Owner and the
assigns of each of
G. The invalidity and enforceability of any provision ofthis Declaration of ProLective Covenants, in whole or ln part,shall not affect the validity or enforceability of any otherprovision or any valid and enforceable part of a provision of thisDeclaration of Protective Covenants.
H. The captions and headings herein are for convenl.enceonly and shalL not be considered in construing any provisions ofthis Declaration of Protective Covenants.
I. Failure to enforce any provision of this Declarationof Protective Covenants shall not operate as a r,raiver of any suchprovision or of any other provision of this Declaration ofProt.ectlve Covenants.
J. This Declaration of Protective Covenants may beexecuted in several counterparts, each of which shall be deemed anoriginal for purposes of enforcement.
IN WITNESS WHEREOF, thls Declaration of protective Covenantshave been execut,ed ef fective the _ day of _, 1990.
P-2 Association
A CoLorado Non-Profit Corporation
Owner of Lot P-2, Block 3,VaiI Village Fifth Filing
By:
President
ApPHOtjfI,fr--. l
PLANNING AND ENVIRONMENTAL COMMISSION
October 14, 1996
Minutes
MEMBERS ABSENT:
Diane Golden
STAFF PRESENT:
Susan ConnellY
Mike Mollica
Dirk Mason
Tammie Williamson
Larry Grafel
Todd Oppenheimer
Judy Bodriguez
2:00 P.m.Public Hearing
The meeting was called to order by Greg Moffet at 2:00 p'm'
1. A request for h|o 250's, in order to construct a Type ll EHU, located al 1225 westhaven
Lane/Lot 43, Glen Lyon Subdivision'
Applicant: Sentry Construction' represented by Pam Hopkins
Pianner: George Ruther/Mike Mollica
Mike Mollica gave an overview of the stalf memo. Mike stated that staff was recommending
approval with no conditions.
Greg Moffet asked if the applicant had anything to add.
Pam Hopkins, representing Sentry Construction, had nothing to add'
Greg Moffet asked for any public input. There was none.
Greg Moffet asked lor the commissioner's comments. There were no comments from the
Commission.
Greg Amsden made a motion for approval per the staff memo'
John Schofield seconded the motion.
The motion passed unanimously by a vote of 6-0.
2. A request for a major subdivision oJ Lot P-2, Block 3, Vail Village First Filing' and..a. ..
vacaied portion of hanson Ranch Road' The site is glrnerally located east of Vail Valley
Drive between Hanson Ranch Road and Gore Creek-Drive. A complete legal description
is available in the Community Development Department'
Applicant: P-2 Association, represented by Art Abplanalp
Planner:
-HteriDirk
Mason
Planning and Environmental Commission
Minutes
October 14, 1996
MEMBERS PRESENT:
Greg Molfet
Greg Amsden
Henry Pratt
Galen Aasland
John Schofield
Gene Uselton
Galen Aasland disclosed, for the record, that he had done work for Bob Lazier in the past'
however, he didn't see it as a problem with this request'
John Schofield disclosed, lor the record, that he was currently working for Bob Lazier' but it had
nothing to do with this proposal.
Dirk Mason gave an overview of the request. Based on the stalf analysis, staff was
recommending approval with the two conditions as stated in the staff memo.
Greg Motlet asked if the applicant would like to cornment'
Art Abplanalp, representing the P-2 Associalion, expanded on the history of the request. He
stated that tne prbperty wai established in the early'70's and owned by VA. The ownership
boundaries now were those that were established in the 70's. The owners don't want to be liable
ioiinyonelr actions. Ol the two conditions presented by statf , he stated we would like to make a
"hang'e
on the 2nd. lt needs to be changed to read, the Town of Vail must take action on any
propolifr within 30 days. Art also stated that the sidewalk conflicts with trees, vegetation and
b"iirg. Art suggeste.i tnat tnis was not the place for the sidewalk, therefore, Condition No. 1
should be removed.
Diane Milligan, Manager ol the Bamshorn, was in favor of the resubdivision, if only to make
.
tiaOitities eisier to naidte. She had a problem with Condition No. 1. Less than a year ago' tl9
iEC uoieO unanimously by a vote of 7-0, that the sidewalk not be located on the east side of the
street. There was even discussion at the November 27 , 1995 PEC meeting regarding the
Golden peak Redevelopment, that the sidewalk that existed be removed. The most that was to
be in this location was a crosswalk only. The process was to come before the PEC and the
Council also agreed not to take out the trees. The issue was not about one or Nvo trees, but the
aJsmetcs of tie area. Diane advised lo stick 10 the original decision, as it was thought to be a
done deal. Diane stated that we have to say no; we don't want this sidewalk.
Greg Moffet asked for any more public comment.
Dirk Mason said thal he spoke to Greg Hall prior to this meeting. The granting of this pedestrian
easement would preserve the six 30' tall trees.
Greg Moffet said the Golden Peak discussion did not include a sidewalk on that side of the road'
on tfie east side of Vail Valley Drive. Council lelt it was not the appropriate time to put a sidewalk
in at that time. However, it dld not become a dead issue at that time That was the Town right-
of-way.
Jim Lamont, Executive Director of the East Village Homeowner's Association, stated that there
was not to be a sidewalk on the east side of Vail Valley Drive. We requested the main sidewalk
be on the west side of the street. The decision was for the east sidewalk to be yanked out' The
traffic flow was to be evaluated after this season. We want to suggest to look more seriously at
the Chalet Road access. The right-of-way has been abandoned in lront ol the Texas
Townhomes. The Town Engineer should not press an issue, when the PEC and the Town
Council voted no on it before. We are not in favor of easements being granted.
Diane Milligan showed photos and demonstrated the traffic flow of people in that area. The
tendency o-f people woutd be to not walk around the island on the sidewalk, rather they would
take a straight Path on the road'
Planning and [Jnvironmcnial Commisslon
Minules
Octobcr 14, | 996
Jim Lamont stated that when the Golden Peak Redevelopment final plan was submitted'
including all improvementt, tn" sidewalk was back on th6 plan. Jim stated that at that time they
registerdd a complaint and the sidewalk came out of the plans'
John Schofield was familiar with the area, as he drives it daily' He echoed what Jim and Diane
h;;; ;id. ie coutd onr,,iee peopre using the sidewalk in the summer. He felt that the Town
should bond the life ot tnelrees. He state-O his concern, that a sidewalk with so many curbcuts
would not be safe. John stated that he couldn't support the sidewalk.
Gene Uselton, having read the minutes of the November 27th meeting, agreed with John on the
siJewatx. He didn't hlave any problem with the rest ol the proposal'
Greg Amsden said it was appropriate for staff to request easements with.this type oi proposal'
This location *"s a ttratetil'siti in Town. Greg stated that the Town of Vail should sign the
coven ants.
Art Abplanalp stated that the Town was not a party in this request. Art.would like to see the
condition rejd, that if the Town didn't react wiinin bO days, they would then waive their rights.
Mike Mollica stated that he agreed with Art, but the Town would like some say regarding certain
elements of the covenants.
Art Abplanalp stated that he would like assurance that if we couldn't get the Town into action,
we would like to be able to proceed.
Galen Aasland, although he agreed with the comments, said this didn't serve the Town's
interests. Galen explained thdi applicants can place restrictive covenants on their property, and
that the covenants may not be in the interests of the Town.
Art Abplanalp stated that the covenants were VA's and we were reinforcing them'
Jim Lamont said we weren't prescribing any other use other than what was originally adopted.
Henry pratt said il there was a need for a sidewalk, it could be done when the trees died. Henry
was not in favor of an easement. Henry stated that it would be taking away an opportunity to put
something nicer in than what's there now.
Greg Moffet said despite the fact that the easement issue had been discussed and turned down'
ii wis appropriate loi the staff to ask. Greg said Chalet Road was much more appropriate lor a
seconOiiy p'edestrian path. Greg said thaiif we voted to include the covenants, the Town
Attorney should review those covenants.
Henry Pratt said that it was his understanding we wefe not adding new covenants'
Art stated lhat there were new covenants added that the Town had required tor maintenance.
iney *ere delivered to the Community Development Department three weeks ago. The Town
involvement was the only new covenant.
Galen Aasland asked if the new covenants that were being crealed would supersede the old
ones?
Planning and Environmental Commission
Minutes
October 14, 1996
Art Abplanalp explained that you could not supersede the old covenants: the new covenants
were added as a response to the Town's request'
Greg Amsden asked if the commission was in agreement with condition No. 2 on page 8 of the
staff memo.
Greg Moffet said that this was a preliminary plat'
Greg Amsden made a motion that the preliminary.plat for.the m_ajor s-ubdivision request be
appioueO, per the staff memorandum, with the deletion ol Condition No. l.
Henry Pratt seconded the motion.
John Schofield amended the motion to include Art Abplanalp's comment that if the Town did not
t"f.e
"iiion
within 30 days, they would waive their involvement and the proposal would be
approved.
Henry Pratt seconded the amended motion.
The motion passed unanimously by a vote of 6-0'
3. A request for a major SDD amendmert to allow lor a modification to Savoy Villas, ol SDD
#5, ldcated at 1230 Lionsridge Loop/Savoy Villas, Phase ll and lll. The site is generally
located east of Timber Ridge Apartments, west ol Simba Run, north of the North
Frontage Road and south of Lionsridge Loop. A full legal description is available in the
Community Development Deparlment.
Applicant: BWAB, lnc., represented-by Chris Klein
Pianner: Dominic Mauriello/Mike Mollica
Mike Mollica gave an overview of the request. He explained the history of the SDD and said the
request incluJed the most recent modifications. He said that staff had concerns with the
en|ioseO parking. This proposal would eliminate the 2-car garagg. Thus, the enclosed parking
of Savoy Vittas woutO drop io 47"/o fiom the original proposal ot llV". The intent was to keep the
total pa;king in the entire'SDD to 85%. Since it has dropped lo 82/", staff has concerns. Due to
the reduction in the enclosed parking, some findings have nol been met. Overall, though, staff is
recommending approval, witli the condition that a 2-car garage be added and to stay within the
building footpr'int'of the 1995 approval. Sta{f is recommending approval with the 3 conditions as
listed o-n paje 10 of the staff memo. Mike also mentioned that staff had included a draft
ordinance, attached to the memo, to illustrate Condition No 3.
Chris Klein, representing BWAB, Inc. stated that he had challenges with this project. He slated
that he took away the office area.
Greg Motfet asked for any public comments. There were no public comments.
Mike Mollica answered a question that came up during the site visit regarding the employee
housing units being made smaller.
Planning and llnvironmenlal Commission
Minutcs
October 14, 1996
Galen Aasland said the applicant would need to include enclosed parking.with lhis request'
.
otf'e*ire the applicant ij not wor*ing with the Town's interest in mind. Since the applicant.is
riXing the emilbyee housing units imaller, Galen would have to vote against this proposal'
Henry Pratt stated, he felt the same as Galen. Since the Town granted additional density' the
Town should be given something in return. A multiple bedroom employee housing unit has been
t"t
"n
ort and so-therefore, *eniy is not in favor of ihe request as presented. Henry suggested
io tn"
"ppii."nt
to table the requ6st until the applicant can come back with a different solu1on'
John Schofield echoed Henry's comments.
Gene Uselton echoed Henry's comments.
Greg Amsden echoed Henry's comments. He said the applicant.can't lactor economic reasons'
just"because it's cheaper to'build. Greg is not in favor ol'the applicant gaining square,footage for
'j free market unit, by iaking out square-footage from an employee housing unit. He also agreed
with the suggestion io taOte this item until a better solution is found.
Greg Moffet said this proposal reduced the employee horlging unit's sizes and covered patking
was'a problem. Greg wds in favor ol denial, but he said il someone moves to table this item so
the applicant can come back and try again, he would agree to that.
Ghris Klein would like to table his request. He stated that a problem for him was to stay within
the original tooprint.
Mike Mollica said to stay within the original lootprint was critical, however' the applicant had a
rigni to propose a modification to that iootprint. Mike said that he recommended the applicant
stay within the footprint.
Greg Moffet stated that when the request became more in conformity with the Town's objectives'
the PEC would look at it again.
Henry Pratt made a motion to table the request.
Galen Aasland seconded the motion.
Greg Moffet asked for any more discussion.
Henry Pratt suggested a date to table the item to.
Mike Mollica suggested tabling the item until the October 28th meeting'
Henry Pratt amended the motion to include tabling the item until the October 28th meeting.
Galen Aasland seconded the amended motion.
The motion passed unanimously by a vole of 6-0.
Planning and llnvironmental Commission
Minutes
October 14. 1995
4. A request for an inlerior remodel to add a bedroom and a bathroom of approximately 250
.qr"-}" Gt, ,ti[rinj tne zso Ordinance, located al1776 Sunburst Drive #9tuail Golf
Course Townhomes.
Applicant: Anne & Peter Mounsey and Joan & Marcella Fox
Planner: Lauren Waterton
STAFF APPROVED
5. A request lor an exterior addition to a master bedroom and bathroom and adding 3 qtd
floor, utilizing the-2ab Ordinance, located at 8O2B Potato PatchiLot 4' Block 1, Vail Potato
Patch.
Applicants: Padraic Deighan and Birgit Toome
Pianner: Dominic Mauriello
TABLED UNTIL OCTOBER 28' 1996
HenryPrattmadeamotiontotableitemNo'5unti|october2E'1996.
Greg Amsden seconded the motion.
It passed unanimously by a vote of 6-0.
lillllllltt
6. Information UPdate:
. Ford Park Management Plan update - Larry Gralel
Larry Grafel gave an overview of the Ford Park Management Plan review process and passed
oJt i concepiual outline for putting together the plan for Ford Park. The handout included
information'about the public process. Larry stated that he would like to talk lo the PEC about the
iri*"ro*. Larry saici there were a wide v'ariety of things that go on in Ford Park. He said that it
was a large resp-onsibility to know how to take care ol the present issues. The public processes
start out 5y defining the problem. The handout has oullined the givens. Larry stated that the
Town must adherelo financial and safety issues and he informed the PEC that the Town Council
would have the linal say. Larry stated that the public was lold, during these meetings,-that all
ideas would be considered. Tire Colorado Department ol Transportation had a say in fiddling
with the Frontage Road. Larry said a long term vision of the park was needed to include the
goals and objedtives. There were access conflicts. Larry hoped to define relationships b€tween
ihe uses. The financial issue was always around. Larry explained the project timeline. He
thought it optimistic to have a linal decision by December 17th. Larry explained that tomorrow an
upda"te rojtd Oe given to the Town Council. Larry stated that that this would come back to the
ffC in Novembei. He pointed out that the packet included the ordinance delining the reasons
for the purchase of that parcel, in order to give a perspective as to what the original inlent was'
including potential uses and possible uses. He explained that the next four pages in the.packet
were th;6nilre range of commenls that was received from the public meetings on the following
issues; open space, access, the Education Center, the Alpine Garden and the parking issue.
From suin a vhriety of comments, the staff team tried to synthesize what was heard. The
conclusion was that open, green space was most important. There was an analogy to Central
Planning and Environmental Commission
Minutes
October 14, 1996
park and how it should be preserved. Through rhe conversations. people liked the idea of
rrftipf" i"""sses through ifre park. There wire many comments t'o make available more public
ii*ibortrrio" and pathsi. The Alpine Garden and Education Center produced lively discussions'
ln all the discussions, no one was adamantly against anything. lt was agreed that the Education
Center should be in a neutral location and ttiat it should be vely close-to the existing Alpine
G;;;;". Utost peopte believed that parking was a serious problem. Comments ran the gamut
trom no patf'nd fo'a partting structuie. So-me of discussions centered on who was parking there
b;6t;ihJ it wi snoutO acc-ommodate all the needs for everyone. A preliminary framevork was
O"u"foJ"J to fuitner Oetine tnis. The existing Master Plan his stood the test ot time' The Town
Gi neEJeO to potish it up with modilicationsl ."Don'l screw it up," was heard over and over
"S;i".
li att came back tb status quo. The public doesn't want lo add anything more, but wanted
dirptou" upon what we have. The Town heeded lo define the allowable uses. The Town
needed to have design guidelines. Maximum heights needed to be formalized' People.don't like
ine inirusion of loadiig ind delivery. How then d6es the Town accommodate that need and still
not reduce the enjoyment of peopl6 engaged in activities in the Park? Maintenance was being
Oon" u"ry well. Fiowever, it neeied to'Oitormatized to get to a world-class level. The Town
neeOeO fir get a better handle on the coordinating and scheduling of events. Larry mentioned
init *" tho"ught we could cooperatively help manage those demands and.conflicts that happen at
iert"in timeiol the year, such as tne atn oi .tuty. fhe financial responsibililies would continue to
O" i.pos"O on peofle who use the park. Useri will delermine what kind of demands and
irp"its were Oiougjfrt to the park. frlitigation would be picked up by the organization of the users'
Liiry "i"t"O
that th; parking issue cauied mixed comments and many solutions. The Park had a
600car need, with a275 car capability in the summer, which was the worst season.
Greg Moffet asked what the Village parking slructure experienced when the park was being
used?
Larry Grafel said the Village structure experienced very little impact. People would rather walk
the streets, than get on a bus.
Greg Molfet mentioned that the Chalet Road shortcut by Manor Vail doesn't get used at all.
Larry Grafel stated that most ol the right-of-way is CDOT. Larry said^that he didn't have a clear
Oefiriition of the parking needs. The Education Center at the Aipine Garden was the catalyst lor
Jevetoping the park. tie asked what things were needed to make our decision' The framework
6i raiiinfi a decision still needed to be p-ut together. Reaction had been mixed, whether it
sfrout- nippen at all. There have been conversations both ways if it's needed' Larry stated that
i pr"f i*ln"if action plan had been put together. Signage and transportaton needed to be
imoroved. There were some short t'erm tnings that the Town could do. We still need to put a
capital plan together.
John Schofield was in favor of increased parking and more signage' He mentioned that Ford
park was heavily used on Tuesday nigntd. lt tn5 Vittage structure was not heavily used, then the
Town needed to get people back ind-forth. John said that access from that area would be
helpful with the n6w ieO&etopment of Golden Peak. He stated that the soccer lield parking lot
*jI frf f by 7am all wintei fong. He agreed that the uses were wonderful, but iust needed to have
the rough'edges smoothed oft. ..lonn asXed how the financing would be done' He mentioned
inif it rlrtiiniy woutO Oe netpful if the users would pay for it. lohn didn't feel the need to get into
it from a zoning and use standpoint. He felt it was'noi lgreat idea for the Town to get involved
in the scheduliig aspect of it. ile thought perhaps the Foundation should handle that'
Planning and linvironmenul Commisslon
Minules
Octobcr 14. 1996
Gene Uselton asked aboul moving the ball games down valley?
Larry Grafel said the public delinitely didn't want to give up the. ball fields' They added color and
uioiiniv to tne park. lt was an oveMhelming .no" to change that use.
Gene Uselton said the traffic was a problem'
Helen Fritch stated that planning and lundraising have been started, but we don't know where
the building was going to Oe foc-ateO. lt will be dlsigned when we know where it will be located'
Gene Uselton mentioned that Ford Park parking was free and well received.
LarryGrafe|statedthatthereisminima|revenuefromthatparking.
Greg Amsden stated that this was a summer dilemma, with regard to p-arking. There could be a
lot of creative ways to get peopte from the Village parking.structu.re to.Ford Park; including
.iO"*iff.r, signaje anJ oLis service. He thought tirat puOtic sentiment would not be strong for a
itir"tur".
' Ui tetitnat improving the park, by getting people to their use, was important'
However, he felt there wis a malor concern for salety, which was very important -
Galen Aasland lelt multiple entries were good. There seemed to be an endless number of uses
available, however we oon't want the plaie overdeveloped. The Town. has to set this up, so that
,sei iouiO overlap and share. Galen stated that the Town should be the ultimate authority' as
tney could see th; broad schedule. Galen felt a parking structure was not needed, as the
il",5""1 ;" *as underutilized. Galen stated that how the people were brought over lrom the
structure needed to be addressed.
Henry Pratt lelt by burying the interstate, a lotof these problems would go away. Henry.stated
that with Bravo moving to-Beaver Creek and if we were to move the ball lields down valley' we
wouldn't have any people left here after the Beaver Creek Performing Arts Center was done.
Henry lelt the Eduiation center was a good idea, as long as il was to be used by the public.and
noi iflr nlpine CarOen administration offices. Henry felt that the structure was not agood idea.
Since the'Town lost 150 parking spaces, due to the Golden Peak redevelopment, this ski .season
would be the test. Henry slated tfiat he could never find which bus went to the concerts this past
summer, so he used the streamwalk. Henry has long been an advocate of parking at Ford Park..
lf it was buried, landscaped and had access to Golden Peak, it would be used. The Town should
also find a way to not have to charge so much at these locations'
Greg Moffet asked about Donovan Park.
Larry Grafel stated that Donovan Park was not going to be included in this process.
Greg Molfet stated that Ford Park was a great resource. lf adequate signage could be installed
to sfro* that carpooling or handicapped were the only allowed parking in.that lot, with the
remaining cars iJirecte-d to the structure, it would be good. Since the parking structure_was - .
g;nJratt/available, the emphasis should be.on transporting people over to the park. Greg felt
ii'ltiooier or later, increa'sed parking needed to be addressed. Greg stated that he was not
crazy about turning green space into asphalt.
Galen Aasland stated that the green space could be seen by all travelers to Vail' Anything else
would be negative from a public perspective.
Planning and Environmental Commission
Minutes
October 14, 1996
Henry Pratt mentioned putting a deck on the underground parking, so one could not see it lrom
lhe road.
Jim Lamont, representing the adjacent property owners, stated that the idea ol moving the-
Education Center to tne Soccer field sit6 re'ceiveO support from neighboring Northwoo{g:. TL".
Frontage Road access corld b" achieved through et'e'ctronic signage' .Jim stated thal if the Blue
Cow Chute didn't 1ow, then there existed a bacliup, which could be helped with a roundabout'
in" neignOorhood didn't want to encourage any more trafiic on Vail Valley Drive' Parking on the
ro.iei tLlO snoutO be by a reservation oimanaged system. We should make sure these
systems that we have are already paid for and then we could have a perlorming arts center to
"6*prti *itn Beaver CreeX anO h6t lust another cold structure. The parking structure. noti.on..
should be relerred to in the plan as a long range goal. Jim stated.that the uses should be limited
to ,nd"rground buildings. li a structure was need"ed, it should be brought back to the public to
decide.
Helen Fritch, president of Vail Alpine Garden Foundation, said a plan was put togeth.er with an
LnO"igrou;d building. She stateb thal handicapped access needed to be addressed' as the park
now has grades that are toott""p and don't foit6w ROn guidelines. This.new site worked in
conjrn"riS"*ith the Nature Center, as it was on the bus ioute and could be used in winter and in
summer. The purpose of lhe Education Center was for exhibits showing Vail as an extension of
the environment, and to teacfr people how to mitigate. lt would be a lot more than a display of
flowers and would work very w'ett witn the Nature"Center. The Center would be a link with the
natural environmenl. A wh6le concept would be put together which would be a resource for Vail'
ine ntpine Garden was trying to promote more than a pretly garden. Helen stated that more
benches were needed. iniOisiance for elderly peopte to walk was a more serious situation'
tnan tor handicapped people. Helen stated thatihe existing 57 parking spaces would be kept'
John Schofield asked about the timing ol completion of the south sidewalk at Golden Peak?
Larry Gralel said it would be finished in 1998.
Jim Lamont said he understood the purpose of the high altitude garden for flora and fauna'
Hiving just returned from South Afri'ca,'Jim stated th;t Capetown had.one and it was one of the
malor?ifactions, very heavily attended and very popular internationally. This facility would be
extiemely crowded. iim stateO that the neighborho6d and corflmunity wanted to see the ball
fields remain. Jim mentioned that in 1974 the community didn't want development there, when it
was supposed to be another Lionshead. The passion in the community wanted to protect it as
.
gr;en sbhce. Jim stated that we needed to look at Donovan Park and the east end of Lionshead
for a convention cenler.
. Geologic Hazard Report update - Dirk Mason
Dirk Mason mentioned that several members of the Commission questioned why we nleded an
updated hazard report. The geology rep_ort viewed walls as too low in a hazard zone' Dirk told
the PEC members that this was just an FYl.
Henry Pratt told Dirk that when staff made a requirement lor a hazard report, stafl should use
c0mmon sense.
Dirk Mason stated that stafi used hazard maps to make that determination.
Planning and Envirorunental Commrsston
Minutes
October 14. 1996
Mike Mollica gave the example that if a hazard lalls below a lot, in the case of a Rocklall Hazard,
we don't require a nazariffioti ittfte building envelope is above the hazard' He then asked the
Co*ri.sioti if Chris Klein could speak again on Savoy Villas'
chris Klein asked the commission if he added a two-car garage and two employee-housing units
on'tf'" giornd floor, with ont t"rg"^"tployee housing unit and garage on the main floor, would
this then be acceptable to the PEC?
Galen Aasland thought Chris would have trouble with Federal Fair Housing guidelines.
Chris Klein said he has suggested three employee housing units instead of two'
Galen Aasland stated that access and housing guidelines haven't been addressed'
Chris Klein said a lift would be needed, as there is no access to the lower level. There would be
a common entry level and a lree market unit on a new 4th floor'
Henry pratt said that chris was offering three one-bedroom units, when there was more of a
need. in this town, for larger units.
Chris Klein asked if the entire bottom floor had one unit with three bedrooms, the main level a
one-bedroom with garage and the top a free market unit, would that work?
John Schofield thought this concept was going in right direction'
Gene Uselton and Greg Amsden agreed.
7 . Approval of September 9, 1996 and September 23' 1999 minutes
Greg Amsden made motion for approval of the 9/9/96 minutes'
Galen Aasland seconded the motion.
Gene Uselton had one change, that was submitted in writing to Judy'
The motion passed unanimously by a vote of 6-0.
Greg Amsden made motion for approval of the 9/23196 minutes'
Gene Uselton abstained from the 9/23i96 vote on the minutes, as he wasn't present at that
meeting.
Galen Aasland seconded the motion.
The motion passed unanimously by a vote ol 5-0-1.
Greg Amsden made a motion to adjourn the meeting.
Gene Uselton seconded the motion'
It passed unanimously by a vote of 6-0.
The meeting adjourned at 4:1sp.m.
Planning and Environmenl,al Commission
Minules
october 14, 1996 10
Law OFF|cEs
DuttN, AaRtarualp & CxnrsrenseN, P.C.
JOH N W. DUNN
ARTHUR A. ABPLANALP, JR.
ALLEN C, CH RISTENSEN
OIANE L. HERMAN
R. C. STEPH ENSON
SPECTAL COUNSEf:
JERRY W. HAN NAH
Txe Varl Banx Burr-orHc
SutrE goo
rog Sourn FRoNTAGE Rolo Wgsr
VArL, CoLoRAoo a rEsT
TELEPHONE:
(970) 476-030()
TELECOPIEFI:
<970r 476-4765
KAREN M. OUNN
CER'ITIEO IECAL AS9ISTANT
14 October 1996
Mr. George RutherMr. Dirk Mason
Town of Vail
Department of Conmunity Development
75 South Frontage Road lilestValI CO 81657
Re3 Resubdivision of Lot P-2
centlemen:
You wlll ftnd enclosed covenants which have been amended in
the manner which I understand was required by the Planning and
Envlronmental Commission on this date. I have modlfled the content
of the subsectlon on amendment (Section 13.8.) in order to require
Tor,'rn Council approval unless no response is obtained from the Tortn
to any proposal . I would also appreciate the opportunity to
dlscuss wlth you any changes whlch you feel are necessary to the
proposed plat ltself prtor to flnal consideration.
xc: P-2 Assoclation
DECLARATION OF PROTECTIVE COVENANTS
LOT P-2
BLOCK 3
VAIL VILLAGE FIFTH FILING
EAGLE COIJNTY, COLORADO
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, being
the only own€r of the land described as Lot P-2' Block 3' vail
ViIIage Fifth Filing, and a portion of vacated Hanson Ranch Road,
described on Exhiblf A hereto, Eagle County, Colorado (hereinafter
collectlvely referred to as "Lot P-2"), and being deSlrous of
protectlng property value, and prot,ecting the health, convenlence'
ielfare anO use of the future o$tners of Lot P-2, does hereby
declare that lt desires to establish certain limitations upon the
future use of Lot P-2 and to provide for the cornmon maintenance of
certaln improvements and features located and to be located on Lot
P-2,
WHEREFORE, the undersigned does hereby declare and adopt the
following protective covenants, each and all of which shall be
applicable to and run with LoL P-2, Block 3, VaiI Village Flfth
fiifng, Eagle County, Colorado and a portion of vacated Hanson
Ranch'Roadr-describei'on Exhibit A hereto' Eagle County, Colorado:
1. Deflnitions.
A. "Common Expenses" means and includes aII sums
arising from the maintenanCe of certain improvements located and to
be loclted on Lot p-2, which shall be borne among those future
oerners of Parcels (as 'hereinafter defined) of Lot P-2 who may be
responsible for such expenses under the terms of this Declaration
of Protectlve Covenants.
B. rrcuest'" means any agent, emploYee, tenant, guest,
Iicensee or lnvl.tee of an owner.
c.''owner''meanseachPersonorPersons,ashereinafter
defined, owning each Parcel (as hereinafter defined) of Lot P-2' in
fee simple, i:.ong with dne heirs, successors, assigns and
representatlves of said Person or Persons.
means any individual, corPoratj'on,
assoclation, trustee or any other legalD. "Person"partnership, conbination'entity.
E.''Parcel''rneansanyoneoftheParcelslntowhlchLot
P-2 is dtvlded under the resubdlvision plat recorded in the recordE
of the Eagle County Clerk and Recorder in Book
-
at Page
-'F. "Lot P-2" means, collectively, that real property
descrlbed as Lot P-2, Block 3, Valt Village Flfth Flling-, a-nd ?portion of vacated ilanson Ranch Road, described on Exhtbit A-hereto, Eagle county, colorado, and any resubdivision thereof.
A.ght of
Iess than 10,OOdEffinas, todethbr wttn with
such use, lncluding, by way of example
parklng lots and securlty gates.
and not of limitatlon,paved
B.
c.
LandEcaping.
Underground utilltY lines.
3. Prohibltion on Construction ipove Ground - Levg]'
Excepting . n?"e::srl- f:t-^tl:
support of parking, and otherJHYlCs',g,,
Lot P-2 for
with the use
4.obliqatlonsofo{ners.Eachownershallmalntalnandrepair ftsffislstent wlth the maintenance and
reiatr of other Parcels within Lot' P-1, including, -by lay of
eximple and not of limitation, the maintenance and repair of paved
parking areas and necessary retaining wallsr-an9 the creation'
inainteiance, irrigatlon and perpetua{ion of landscaplng' * Each
Owner is required io cooperat6 with Owners of any adJacent Parcel
in the creaiion and maintenance of ]andscaplng and other features
affecting both parcels (such as retalning walls), ald beg a
portlon 5f tne c6st of such actlvltles as set folth hereln, unless
3uch Owners agree 1n $rrlting to a dlfferent allocation of
responsibility.- owners shall -be permitted but not requlred to
cooierate in ine lnstallation of lrligation systens. Any dispute
ari-sing from the obllgatlons set forth in this Sectlon shall be
resolv6d in the manrier set forth hereln related to Dispute
Resolution.
5. Comrnon Expenses. unleSs othe:r,rlse agreed ln writing
amongtne@ers,thecommonExpensesshallbemade
by e{ual divlsion-amon! the Or,rners of the Parcels adJacent to the
actlvltles for whlch the expense incurred. Each Owner havlng
responslblllty to pay expenses toward a shared Common Expense as
set forth heiein Sniff -ne obllgated to pay the portlon of !h9
expense set forth hereln, or as otherwise agreed in wrltlng^ wlth
thb other particlpatlng Owners, to meet the Conmon Expenses of such
activLty, wrtntn -ten aiys of demand by an ovYner who has expended
such Cornmon Expense or proposes to incur such Common ExpenEe. 4tydispute arisin-g from tlhe obligations set forth in this Section
snatt be resolved in the manner set forth herein related to Dispute
Resolution.
6. Enforcement and Collectio{t .of gom{ron qxpenseg'-Any qtl"r
to whom an tion of Protective
Covenants for Common Expenses may collect such amount through the
Dispute Resolution proc6dure set forth herein, and the enforcement
of the results oi such DisPute Resolution procedure' The
prevailing party in any such pioceeding slra_Il be- entltled to its
ittorneysi ?ees- incurred in aisoclation wtth such collection and
dispute resolution effort.
T,LienforNonpavmentofCommonExpe-ns....Al1sumsduebut
unpaid ln a l be a llen against
the Parcel whose portion of such expenses remains unpaid for ten
days after demandr- and shall, when pioperly-recorded, constltute a
lien on such Partel prior io all -other liens and encumbrances,
except only tax and sieciaL assessment liens on the unit in favor
of a- gover-nmentaL autiority. If any Conmon Expense shall remain
unpald after thlrty days from demand tor payment thereof, the Ovtner
ct-atmtng such common Expense may impose a p.enalty on sych
defaulting owner equal to 5* of such amount as is due, together
with inteiest at the rate of two percent Per month'
To evldence such llen, the o\"fner clalmlng such common Expense
may prepare a written notice setting forth t_he. amount of such
nniaia indebtedness, the name of the Otrner ctaiming the Comnon
Exiense, the name of the O!'rner owing such Conmon Expense-, _and the
ae'scripiton of the parcel subject to the lien created by thls
Declarltlon of Protective Covenants. Such notice shall be signed
by the ovrner clalming the common Expense or, the representati_ve of
tlat Owner and may -be recorded in the office of the Clerk and
Recorder of the Corinty of Eagle, State of Colorado. Such lien for
Corunon Expenses shali atta6h from the date of the fallure of
palzment, oi ttre Common Expenses. Subsequent to reductlon of the
ii6n to an award through tie Dispute Resolution procedure set forth
herein, such lien may -be enforced by foreclosure of the defaulting
O!,rner's Parcel by tfre Owner clalming the Common Expense 1n like
manner as a mor€gage on real propeity uPon- -the recordln-g of a
notlce or claim thir:eof. In any collectlon effort or foreclosure,
the prevailing oerner is entitled to recover the costs and exPenses
of such efforts or proceedings, and costs and expenses for filing
the notice or claim- of lienr- and aII reasonable attorneys' f"9!.-
The owner clalmlng the common ExPenses shall have the povteT to bid
on the parcel against which the foreclosure was instltuted at any
foreclosure sal-e and to acquire and hold, lease, mortgage and
convey the same.
8. Owners' Obliqation for laYmen=t o{ SPffilo.n Exp-enseE'^ Tl:
amount of gation of each Ovtner
under thls Declaration shall be the lndividuaL debt of the Owner
thereof at the tlme the common Expense is incurred. subsequent to
or in assoclatlon with the reduction of the claim to judgment
through the Dlspute Resolution procedure set forth herein' sult to
receiie a rnoneli Judgment for unpatd Conmon Expenses, and costs.of
sult anal attorneys' ?ees, shall 6e maintainable without forecloslng
or waiving the lien securing the same. No Owner may exempt itself
from llabiffty toi tts resfonsibltlty for the Cornmon Expenses by
walver of the o"e o' enjoym-ent of any of the Common Elements or by
abandonment of lts Unlt.
or . 3;,. r [l: Silliii
for all unpald asseismenti agalnst the latter for any conrmon
Expenses du6 to another O!{ner ln association wlth the Palcel belng
coirveyed up to the time of the grant or -conveyance, wlthout
preiuiice do the gil"t""'s right to-recover from the grantor.the
iroint" paid by tie grantee iherefore; provided, howeve!' that'
upon written i"g"""t, any such prospectlve grantee shall be
entitled to a statement from the adj-oining owners settlng forti.the
amount of any unpald common ExpensLs, wilh respect to the subject
Parcel, and any amounts whlch are projected. and may be -chargedatainsi the sub-Ject parcel within a tirie period specified by. the
pioposed grante-e, not to exceed six months' In the event no
i"sion"e is recelved from any owner withtn tltenty days ?fle1,eciipt of the request, the pro-spective grantee s-hall be permitted
to reiy upon such -failure to respond as confirmatlon that no amount
ls or6a -uy the Prospectlve giantor from the owner falllng to
respond.
10. Maintenance and Re.pair Easements. For PurPoses of
carrying out anyf this Declaration of
protective Covenants, each OwnLr shall have an easement for
malntenance and repalr purposes wlthin five feet of each property
il;;-;;d;" i" tr. par"61",- provided that the activities conducted
under this ease*"ti grutrt'sirall not be injurious to or interfere
wlth the activltie" o1'..ny other Owner(s) bn the ad1acent parcel .
11. Drainaoe Easements. Each owner shall have an easement for
tnepurpffiurfacedrainagetotraverseanyother
Parcel ln the manner such dralnage has historically passed, subJect
to the provisions herelnafter estabLished. In the event any O{ner
desireJto reconfigure that Owner's Parcel (the "ReIieved Parcel")
in a manner which would affect such historical drainage patterns,
that Owner may dlvert such drainage Pattern using a route other
than the hlstorlcal pattern, provlded
(a)thatsuchmodiflcationinthedralnage-patternis
dvidencea by an easement estabtished and granted by the gyner
modifying tie dralnage pattern, fo3 the use and benefit of the
farce]lsj whose Oritnage 1s being diverted (the _ "Servedparceli"i"), the terms ot wtrtcn easement shall be subject to
the apirbvii ot the owner(s) of the served parcel(s), which
approvit shall not be unreasonably wlthheld;
(b) the cost of the constructlon of any structure necessary
ioi such change in routing, !,rhether on the Served Parcel(s) or
the Relieved- parcel, shlll be borne by the Ovner of the
Relieved Parcel;
(c) that an appropriate guarantee of such payment-may be
ie{ufrea by thi-Orner(s) of the Served Parcel(s); and
(cl) that the actlvttles conducted under the modlfied easement
drint shall not be inJurious to or interfere with the
ictivities on any other O{ner(s) on any adjacent Parce1 or
Served Parcel .
L2. Dispute ResQlUllq4. In the event of any dispute among
theovlners@DeclarationofProtectivecovenants,excepting only disputes relating to the use of any -Parcel for
pnrp-oses-proniltted- or not authorlzed under this Declaration of
Protective Covenants, any Owner deslrlng the resolutlon of such
dispute shaLl apply for arbitration of such disPute under- -theUnLform Arbittatlon-Act (or any successor statute) then in effect
in the State of Colorado. If available, the resolution shall occur
through the Amerlcan Arbltration Association, whose rules shall, in
the eient of conflict, supersede the applicable Colorado statute.
Notwithstanding the foregolng, any Owner injured by the -acts or
omissions of a-nother Owner m-ay apply for and obtain preliminary
equltable Judicial relief pending Lhe-resolution of any arbitration
pioceeding-. In the event of a -dispute regarding the use of any
iarcel f6r purposes prohlblted oi not authorized under thls
Declaratlon dt piotecttve Covenants, the complaining Owner shall be
entitled to apply directly for Judicial relief or may apply for
arbitration, -ieierving tne rfgnt to apply for and obtain
prellminary equltabte j-uOtctal rellef pending the resolution of any
arbitration proceeding.
13.Miscellaneous.
A. All the provisions contained in this Declaration of
Protective Covenant,s shall continue or remain in full force untiL
thLs Declaration of Protective Covenants is terminated, revoked or'
with respect only to any portion which may be amended' until this
Declaration of Covenants is amended as herej.n provided.
B. This Declaration of Protective Covenants may be
amended, terminated or revoked by the recordj.ng of a written
instrument specifying the amendment or effective termlnation or
revocation, executed by the Owners, as shown by the records of the
office of the clerk and Recorder of the county of Eagle' state of
colorado, of Parcels representing an aggregate ownershlp lnterest
of at least 75t of the Parcelsr-provlded, however, that no such
amendment, ternination or revocalion shall be effective unless
approved by the Town council of the Town of vall (the "Tostn
C-oirncil,'), except as provided herein. If a proposed amendment,
termlnation or tevocation !s submltted to the Tolyn of VaiL, and the
Tor.rn Council takes no action on the proposal within thirty days
after submittal, the requirement for Town Councit approval shall be
considered to have been waived by the To!.tn Council. Such waiver
may be established by a recorded certificate or affidavit of the
roivn Clerk of the row-n of Vail, or by an affidavit of the owners of
a rnajority of the ParceLs.
c.TheprovisionsofthisDeclarationofProtective
Covenants shall be in addition to all other provisions of lavt of
the State of Colorado and the master Declaration of Protectlve
Covenants recorded for VaiI Village Fifth filing.
' D. Whenever used herein, unless the context shalL
otherwise provide, t,he singular number shaLl include the pIural,
the plural the singular, ana the use of any gender shall include
all genders.
E.Eachownershallregisteritsmaiiingacidresswith
each other Owner. A11 other notiles and demands intended to be
serve upon an Owner shall be delivered personally or sent either by
registe-red or certified maj"1, postage prepaid, return receipt
re{uested, addressed ln the name of the Owner at such registered
mailing address.
F.ThisDeclarationofProtectiveCovenantsshallbe
binding upon and shalL inure to the benefit of each Owner and the
heirs, -peisonal representatives , successors and assigns of each of
them.
c. The invalidity and enforceability of any provision of
6
this Declaratlon of Protective Covenants, ln whole or in part'
shall not affect the valldlty or enforceabillty of any other
provision or any valid and enforceable part of a provision of this
Declaratlon of Protective Covenants.
H. The captions and headings herein are for convenlence
only and shall not be considered |n construing any provislons of
t,his Declaratlon of Protective Covenants.
I.FalluretoenforceanyprovlsionofthlsDeclaration
of Protectlve Covenants shall not operate as a $taiver of any such
provision or of any other provi-lon of this Declaration of
Protective Covenants.
J. Thls Declaratlon of Protective covenants may be
executed in several counterparts, each of which shall be deemed an
original. for purposes of enforcement.
IN WITNESS WHEREOF, thls Declaration of Protective covenants
have been executed effective the
-
day of , L996 '
P-2 Association
A Colorado Non-Profit Corporation
Ovrner of Lot P-2, Block 3'
Vail Village Fifth FiIing
By:
STATE OF
COUNTY OF
ss.
The foregoing instrument was acknowledged before me the _asday of , L996, by
President of P-2 Associatlon.
My conunission expires :
tlitness my hand and official seal .
Notary
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the su' appoin
a9enE' dccePt.
broughAYno{rLtte. vtolatviolatgovenl
6uch n
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shaII
delive
then t
given
. and nt
uhol! t
4. St
of tliis i;!
no i ineali€
tull force
EXECT!:
SAATE OP C
couli?Y ot
' jThe':
. 'I5th. dav
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r. tri.W",3ii)f,S3ir"'''the subject Property c: an7 lnLcrc-L :'::::i":-";:-'iii"iiiS-irt- t.i.'n cierr of-che rowr of vair as his
agent !o recetve any no"i.;t-pi""ia"a :o! h+!'cin-and Lc
o'ceep" "ervice o! procegs in any court. proqeedlng-.
iiJiiit- i" enforcc' che -Provl6iortE of thlr lnatrurient'
Aiv notice requlreo uncer th13 Scctlon 3 shall be
i'Jit[ii-i"o- sliarr gPeciii iiii vi"ra:ron or ehreatened
;i;i;;'i"" ob]ccted io, tite propertv 6ubl^e:l-::-:he
"iiiiii"" anl ghall tlenand compliance .aith. thesc-.-
;;;:;;;; ,Ilni" iirt".i"iril hii' arter the ?i:lln or
Iiii"nliii"". rf after roasonable effort.the peraon
li"irg-ih"-i.tice sharl be unable to deliver ihe €ame
Dcrscnal:':r to :i,e person io whorn it is 'lirected-'end!iiii"u"-itn"ur. !o obtain a return reci:igt shourng
;:ii;.il Ji-n"ii'". to.tie person to uhon ic-is dilected'
H;;';ha required notiee-"liii be deemed- sufftcienlrv
qiven if posted upon tn" pi"pltii describea iD-the notice
. l"i-i"ii"i:to rhe 1..:: i;i'-:r- ar:gresg of thc Person to
lrhon ehe notice I's dllected'
'a- SSVERABTLITY' rnvalldation of any onc o:-LLe P'evisions
"r u'i" t#iffia-"iffi'ii'ilii-ii-"6"ii oi3'r :'-3::i" sharr in
i.o ulseaffect any of Ehe oii"i pto"i"i'"ns shich shrll renain in
full force andl eifect '
EXECU?ED 1IIIS 15ch day of Iovcrnber' I976'
eIn
.3
VAIL ASSOCIATES, tNC. , a
coLorado co rPorat ion
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STATE OF
COUNTY OF
COLORADO )
)
AAGLE )
ss.
lJa s acknor'rledged bcfole ne tnrs
"F*r'ffi.*'*"
.witness niy hand and offic ia I 6ea].
1ly coiruniss ion exPireg r
-2-
t,:
' EXHIBIT .A
vail viilage F!f::h f i'1inq ' County of Eagle and state of
LOE P'71
Colorado
t#*ls;,i::*"r:i t''i**'*l"Hiiiiil!:l':xrl:::irsil
aB !oIloltg !ffi**
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L493i'*
6tAr€ Ot colonrDo Jrt.
l"S l-?',ti !' rk'r'r ',.
lT.a .,!. .riftl n r i'ft: 'r
Pogc 2 - Or'
linc o(.rid
fcct (o e floi
along r ctrr\
ccntrtl nn8l
. Polnt ot r.
nlonf n tcv-
fcct. 5 c(Dl
t.ci lD a Po
G.rrc Ctaci
3id llonf 5
to thr lerl I
HnnE on nr'
lrdi\ts ol l
di6ti!oc( o
th. richt l:
4 702l' o/ ",
3 ?,, r!.i (c( '
lln. ri'l .
!rct, t. .'.
Crer:l l','
Pddc2-Ordir|.nccI'l^'
llna o( rrid H:rnaolr Rdlrch iold and slong tnid tangcnt 32'94
tcct to 4 poln! ol curvci thcncc rlonB raid Soulhcrly ltnc rnd
elong I curvc to thc l'ft having e radlur of l8l'41 fc't' a
ccntr.l ahglc of 4?ozl'06". an 'tc dirtaocc ot 149'92 lc't to '
a polna of tcvcitlo curvc; thcncG !lon8 !at'l Southctly llnc rnd
slong. rcvct.c cutvc to the tlflht hr'.,lng r rrdiu' of 20'00
f!.1. a.ccntitl rnSl! ot gOoOo'OO"' tn irc dislrncc ol 3l"lZ
fcct to I polnt oI int.rtection with thc Southv'c!tc!ly linc ot
cot. crcck Drivti th?nc'r on ad angl' ti thc !c{: t/ !90o00'0c''
and atong !nid So\rthwcrtcrly linc 8O'OO {cct: thcncc on art anBlc
to thc ldft ol lSOoOO'Oo" and along thc Ntrthwcrtctly linc of
H.rnaon Ranch Ilord n|rd rlong ' cufvc to thc riSht h'vin8 a
rrdiur o( zo.Oo lict, a cctlttrl rngle o( 9oo0c'00"' rn t!c
di6tonco o( 3t.'{2 fcct to a Pornt of corfipoun<i curvci lhcncc
along lnid Northwctterly line lnd along !'rid comPouod 'urvc to
thc tight h.ving d radiu3 of 14l'41 lce!' a ccntral dnSlc oJ
4?oZl'06,,, an arc di6tancc of 116,8? fcet io a Point of tanS'cn!;
thcncc along !Biil N'rrthwcrlcrly linc and alonS said t^npcnt
32.94 (cc? to ! Poinl ot cr.|tvc: thcnce rl!'nA !'id Norttr\^'cstGtly:l
llnc and aloag a curvc to th' ritlht ltrving a rrdius ol l0' 00
lcct. a cettt.l snglc o( go(,oo'00"' !n arc di6tancc of !1"12 tcot
' to a point ol intc!scction with th' Notthci!tcrly linc of co!e
crcck noadi thcncc on an anglc lo rhe lc(t o( l8o"oo'oo" rnd
ilonE 3aid N('rlht"ster!)'!ire 80 40 t"ti r-l:'ncc Dn !n !ngle
to the lcfr ot t8oooo'oo'and alon'! tho S^irtr'crst l'/ line o!
Henson n3ncL Rord an'] alonS' a curvc to tlre !iAht hivinB
a rn.:ilrr af 21.O0 i"t' : :' '"iii : ':r -' 1ii('CO'0ll
diatancn ^r 11.,2:-.. l,ur^t ol l)t:git:iiiq; co!r_
teining 8,5?9'05 oriuarc ['fl' triorc ot l'$6'
StlfiptL3. Tho v'ithin vncrlion in n"l to bc (un'lrtre(l
'ii-,."Ji
l'l {.{s0
"tTfEE#*1iT'l-'
| 1.,-.,"y (.n'ly r:'r! tf ir i^ttnnn'nt
w,r t |iJ {J. rFotd in mY cf{i<< rh'
1. t 4,;, -i -a4i;i; . 6. 7 - ^
./.t!,i. a ,ql!' ond ir '.' . 'tcc":''cd
i",: -,r...-x l. F -P llqrn. ll -4. 7. -.
-.'... r1 L 22; {!--l1r; i-
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_ - _ D.rrv,.: t i ;. . tt -- :a!
t,..
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bcr
John 8r.oddlrt
E. ?hr prlnctpal purpor. o, th. corporllion rb.tl b. to
orn'Inprovod an.t untnprovcd rclt crtrt. lnd to n nlgc thr
latna lor ltr rnGnbarr aa I vohlclo prrktng lot rnd rccr6lllonat
!aclllty,
h. x.nbcrrhlp ahrll br lhttrd to ftv. .ntllrrr. ,t sD.r-
lhlp ahall not bo rraign bl. rtthout conr.nt o! !l,I ncob.r.
or(capt thrt, upon !ranr!.r o! th.t proparty corEronly knoen o,
by Robcrt T, I.ricr and Dtan. .t. t.zi.r,
o! that conupnly kno$n o! ar by rhitc
Ent€!prt!.r, tnc., or ol that zeulonly fnorrn-Ji ar rhcf
-
by A.c. rurl, th. rncrnbarahlp o! ruch prr.or orncr
rhall be lranrfcrrad to ruch n.t' ovncr upon th. corporation,,
rovlor and ratlonabla accgptlnca of dllpo3ttlvs docutnont!,
1. No part of tho lncoDr or proflt of thc corporatlon
thall b. pllal to th. n nb.rr, offlcG..r or dlractors,
J. Th. corporatlon ahall bc dlrrolvad anat lfgutatatld
upon raLc ot ttr r.!l proporty unlcar lha lpDbarr undntnoualy
tgrac to conllnulnca o! ltr axtrtanca at ruch tin!. In thc
rvont ol dlrloLutton, tha corporrtlon tball b. llculatrr4.t
tnd !ft6r all da.rta of th. corporatlon havc bocn !atl!!I"d,
th. r.natntng lrlrtt rhall br rold or dlrtrLbutod ln klnd to
thc rcnbGr! rt that tln€ ln good ltandlng ln aqual aharot.
Any n nbar ortng any {,rmun! to thr corporltton, uhcther for
arrrrrnlnta or othaHllc, rhlll llrrt rapay luch rnount
bcfora baconing GnLltlod to any 3uch dlrtrlbutlon.
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.. lt. r.tl.t.r.d oltLo. ol t'h. oor?or.tto, .h.tt Dr rir ,.{1I
2l0l t. atb lr.Au. IDa!./a, l
Colorrd,o !02 06
Tha tgant 8or rarvlca o! glooar I at ruch rddr.ra rhatl .
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JO llltl{tT Tt PHttLlP-3-
ilci 'e'ci Y nf;coRoER
-cox.EEE, f ,n l3 l0 os lll'8,1
' THE UNDERSIGNED' belng alt of thc rtembcta of P-2
AtsochLlon, a cotoraao- carporailon, ( "Assoc1ar-ion") execute
thl. Consent as of the jij Ooy o! '//l,.t , 7-- ' L9S4 '
WHEREAS, the Assoclr+-lon is t-he ow-ner of cer?'ain land
.in v6Il villagor Fifth ;iii;;, county of Eaqte' colorado' 'tt-tlh.i; ;;;; piiiiiuiorrv d";;;i;6i on the att'ached Exhibit "A" which
ir hcrcbY made ! Plrt hereofi and
WHEREAS, PurBuant' to thc terms.of the ArticleE of
tncorPoratlon ano ayrail-"i tf,. iaaociatlon-' the coll!ent' of i-he
n.mbcrBhlp of the Arso;f"i.ion'ie necb"aory beforr the ownlrshlP
oi i r..ulr"hip may be iranrferred or aarlgned; anc
WHEREAS' thc und.rrlgncd undcrstand! t'hat PoIar
partnershlp,--.'g"nutii pir.n"rirttp, haa purchared front whrte
Enterpr!!es, Inc, t.hat ptop.t.y cixn191ly knor'm rs the RatnB licrn
rcoi"-i;r.oo9";l wrrlcn pliciaie'quatifiei Porar Partnership for
memlershlp in ttre Aggociationl and
' t.|HEREAS, Lhe underBlgned understand! thst Polar
Partnership tuy t""n"i", it.s iitereet in Lhc lodgc and ln the
Association to a rimriea !ait-nershil' ("Lirnlt'ed PartnershiP'' )
rvirh r.he a.l,nc parr.ners a6 PoIar PartnershiP :*""P:^:11:^:::,:itno"" puttn"ts wltt ue tirnltgd Partners. (t-he term "Partnersnrp
to rofer to polar rort."uiinrp'or the Limltcd Partnershlp lf it
ls formeii and takes tj'tle to the Lodge) t 'nd
. h'HEREAS, the undcrslgned underst'ands tbat the
Partn,rrshiP int.ends to convert'the ladge to condo$lnluns and to
seII i-ire condomlniunBt ani
llllERt:AS, r.he und er! igned understand B t'hat to f i'nancc
the purchase ind the constructtoD neceFBary ln conneccion wir'h
the converEi..rn of the toalqe by the Par?nerFhiP, the Part'nershiP
has obtained fir,ancjng fronr citlzena Bank, sheEtoyg arr ' wlacon6ln
( " Ba nk" ); and
WtlnREAS, the Partnership desires to obtain conRenta t'o
variouE asEiqntienta oi int-"ruet in its tnenberahip ( "t'tembership")
1r: the Assoc;ation ae containeC herein.
tt-fi.t4 - .O7Ig4
tioH, THEREFoRE, in conEiCeratlon of t-he above
and ODe Dollar (Sl.OC), the receiPt' anil sufficiency of
l,;i:;;;i;.j,;.r,
pr emi se 3
which
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07L84
i! hercby acknowlorjged, ehe undersigned rgreG and 9lvq their
conront ar fol lowc r
l. tha undarrlgno.l have Prcvloully g6nsgn13d tp the
transfsr of the Momberchlp 1n the Asloclatlon from Whlte
Dnt.rprlB€!, Inc. to Polar Partnershlp.
2. The underaigned consent to r-he tr..nBfer of t'he
Henbcrshlp ln the Asrociar-ion fron Polar Part,nershiP to the
Limlted Part ner 8hlp.
3. The underalgned conbent to transfers of r-he
l"lemberBlrip in f.he ABsociatj,on from the PartnershiP to a
condcniniunr osiociation formed for the PurPoae of adrnlnlBr.cring
and rnanaglnq the condominium project.
' 4. lte unilerBigned consent to the collrteral aeaign-
ncnt of the MembershlF ln thc AEEoclatlon from the Partner6hiP
to the BanX, purEuant to the t-errnr of s Deed of Ttust, As819n-
_
menr- and security Agreernent dat-ed Hay 4, L9A4 ( "Deed of Trust")
and a modlflcat-ion and anendment to the Deed of Trust and tther
credit and Becurity tnBt.runcnt-t dated .tuly -, 1984 ( "Modifica-tion"). such as8ignnent bolng gtven aa securlty for the Pay:lentof loan8 nade by the Bank to th. PartncrshlP fo,: the Purchaleand itiproverent- of thr l.odge,
5. The undersigned hereby conaent. to any future
asBignment by the Bank of ltd interest ln t-he llemberahip ln the
AsEoclatign wiere such aaalgnment ls undertahen PurBuant to the
powerr of th€ Bank, j,ts Buccessora or aaslgna. under the tenfls
of the DeeC of ltust and llodlflcatlon.
6' The underslgned hereby conrent to any fulure
assignneni. by +-he Eank of all of its Lnr-erest in i-he l4embershiP
in i.he A6socj,Rtion +.o any prr€nr or rub6idiary of the Bank. ln
the event the nank acqulrea the Menbership under the terms of
thc D€ed of ltuEt and Modiflcar-lon, the underslgned conaeni io a
tranafer of 6uch by the Bank to a tranaferee who also ohtn s or
Birnultlneously acquires orrnershlp of thc l,odge'
7. The conaeneB given in this Agreenent arc
Bpecifically conditj.oned upon the following conditions :
$-b-*
//rl/
-2-
.. 07184
a, In accordanc! lrtth Arttclr IJ, ParagraPh 2 of
tho Bylaw! lf thc Mernbcrrhip ir h.ld by I corPoratlon, ..Prrtncr.hlp, mor. than one lndlvldual, or any och.r entlty tnat
ir not onr-natural pcFsonr an lndl.vldrral nrr'ural P€rlon.8ha1l ba
dortgnatod ln writ!,ng to thc Acloclatlon frorn tlrnc to tlne who
rhal-1 voto andt'hotd alrcctorchip on brhrlf of the !'tetnbershl p and
thall havG th! excluslve volce with respect to the Mernber6hlP ln
aII other retpects affectlng tha Arsoqiatlon'
b. The Assoclation Bhall be 9lven wrltt'en notice
of any transfer of thc I'temberahip, including those consent-ed to
heraby.
c. tf the llcrnl)erlhip J.a tran6ferred t'o a
condonlnlun asaociatlon, t-he Blnk illI elther asBerr- it's right's
to the Msnlbershlp through tl.c condonlnlu.n asaoclatlon or b'llI
aeqrrire ownerahip of tha Mcmbersl'iP fro:n i-hc condcnil:iutn
asioclatlon so that the condomlnlum aaaoclation and the Bank
lhall not both own lnterest! In thc Member8hlp at the same
time.
d. As a conditlon to tha conaent! cont-alnec
hereln any tran6feree of th! HembsrlhlP rhall agr.G to be bound
by the ArtlcleE of lncorporatlon, Bylrws rnJ ruler and
rcgulationE of i-he Assoclation and th. Agraornent r€lating to
fohnat{on of tha A!sociatlon dated SePternber 16, 1976.
e. Any trancferea of the MenbcrshiP shall ratlfy
t,re parklng allocrtlona r8 alloeated anit phyelcally aeparated on
the date of thls consenr- .wlth any nodlficatlonr to auch
altocatlons that. may bG subsequantly mlila purluant to the
Articler of Incorpoiat-lon, Byiawa and rules and rcaulatlona of
thc AsBociatlon a-nd the Agrsament relat ing to fortnation of the
Assoclation dated sept.enber l5' 1976'
t, Any transferer (other than the aforedeocrlbed
condominlurn associ.ation) of the MenbershlP must own or PoBBessthe primary beneficial lnt-erc!t- ln t-he ltdge.
8. 'Itra underaigned ackntwledges that 11t16 ,;66ssnt- ma)/
be execur.ed ln counterpart. ^ h r r
s+,_4\-/,
IJt4rf
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Er ac ut rd
POIAR PARTNEREIi I P
drt. r,,? ltt.n
VAIL TRAILS
ASS€ IATIO};
: . "fl1 :J-ll lr:1.
07t8 4
CONDo!,|INIUI'l
ar o! thc rbov r ,
CHALET
By 8y_
It! 96nlraI plr tncr
Sqcrctary-TreaBuror
ItB
Robert T. l.a'zler It I
At te8t I
Dlqne J. lizlrr
My comnlsBlon. Expircs !
Ad d resg r
VAIL TRAILS EAST CONDO4I}':UM
ASSOC TATION
By
EFarfar-T-. GtFCrtht ai te' Jtr Sscrat.ary-Trcaaur€r
Notary PubI ic
STATE
COUNTY
OF COLORADO
OF
t!
Personally came before me thls day of
1984, nhe above-namld --, t; me Ii?TiG-Ee
the pr:.'-ner of, Polar Pffinorrl cd ged hlneelfto be tlro peraon who €xccuted thc foregotnq lnstru,nent ss auch
Partner of auch partner3hip, by ltr authorlty, and lcknor,lcdg.dthc tane.
;::.1t:r,
;:l;jj
o7064
P.rronllly can. boforc nG thl! day of1934, thr abovc-named nobGrc T. Iazlcr anETiano'.t. b:-tG;6'nc known to br thr p.!rron! erho GxccutGd thc forcgolng
.tnatrument, anil lcknowledgrd thc san..
6TA8E OF COIJORADO
coulnY Or
ltot ary PubI lc
My Corrnission Erplroa r
M drers: r
STATE OF COI.ORADO
couMY ot .- 1 P/).sL
Pcr8onrlIy crnc bcforc rnc thii
1984, the lbove-naned A. G. ttltl, to r{l.who 6xecutcd the fJr€going insr.rwncnt,
larne.
',ll
_fl_ doy 5f, ,!/"'etrt,E ,
Xnown to bG the berEon
)) ec
)
and acknowtodgGal th6
My Cottmlrslon Explresr r,.,,,,..'. r;,r!;"ir,.,,i./i,'r.r
Address r ---'#:?"^tt"Al ' t t-t 1.,
'i;'..
O7IB4
STATE 'OF COTFRADO
COUI.IIY OF
Per6onatly cane1984, the above-naned
executed the
aasociation,
before ne this day of
-?nd
f,oregoing instrwnent as such officers of sueh
by 1ts aur-hority, and acknow].edged t-he sane.
who acknowl edged themsEIvEE-Td-E-6E
. and of VaiI Trails ChaIeL
Condoniniun As-so?itfG;, a;A-E-me linob'n tb be the Fersons who
Notary PrbI ic
l4y Conmiaslon Expires r
Aldrce g :
S TATE OP COI'RADO
couMry oF
)
) aa
)
Personally camc before me thla day of
1994, the above-narnid Charlea H. Cowpcrthi6Ee, wrro a6Tii6Ff6@Eahlncclf to bc thc Secretrry-TraBurer of Vall TrBLlB East
Condomlnlun Asroclation, lnd to rne known to b. tbe per8on who
executcd.the foragolng lnst.runent a! such offlcer of suchagaociatlonf by it! authorlty, and acknowledged the Barne.
Notary PubI ic
My Conunl aslon LxpIre8 !
Ad Clra s a r
-6-
Lot P-2, vail village rifth Fiiing,
colorado
t.ltD
A parE of - Ranson Rn:rcl: F,oatl f roo Go;'c C,rcck Fc,,rd to Corr: Crc:ck Dr:Ivc
ae plartcd ln Vail Vtllr'gc Fifth t'11inA, Councy of llngl-c, StaLc of
Color-ado, and cor-e p.srtieularly descr j.bed as follows:
Co-.;urenclng s,t a polnt ort rhc Sotrtlrcrly ltne of llcnson Rnnch Road, r;a!d
t'rolnt beln!, chc Jrolnf of Eangen! of the Southcas terly cr.rr-ve lrr!crsec!1oo
cf said linnson Ranch Road ar:d 6orc Cleek Road; thcnce Northeastcrly
aloni rhe Southerly llne of itald ll.it)Gon Karrclr Road and alorrg r,-aid
!angent 32.94 fcet to a For.nt of crtrve; fhcnce along sald Sor:tlrr-.t-1y
1l:te and e!c'ng a curve co t:be lcfc havlng a radlus of 181.41 feet, a
centrrl en3le of 47"21'06'r, an arc dletance of, L49.92 fcct Lo a polnE
of reveree cun'e; thelrce alor,g satd Sorithcrly l!ne and along a r-(.ver6e
(:rrrve to thc rlSht lravlng a radir:t of 20.00 feeC, a cr:ni r-s1 anglc of
t,.,:'00'00", an arc tlistnrrcc of 3l ./r2 fcet to a polnt of Intersecr:loo
.'lclr thc SouthL'astcrly I irrc of Corc Crcck Drlvcl thr:nc.. on en anglc to
the lefc of 180"00r00" and aloug aa{d Soutln.:cEterly llne 80.00 fecc;
thcnce on nn ;tnglc co tlrc left of 180'OOr00tt and nlorrg Ehc lic.rrtlrueet:e rly
I l:rc of ll:r:s')n Rnncll Iioltl lrrd n) ong a crrrvc t g the rl g,lrC lravlng a -
rrrrllrr$ of 2.0.00 feet, a r..'rrl:r'nl nnglc of gO"OOtOOtt, nn ar-c d[$t;rnec of
1J1.42 fr:rc to r lroJlrt of crr:rlrnrrnd culvc; tlterl,-.c alolrg sal.d ].lortlrr.(-'sCt'rly
lJnc atrd nlong said c(itil,)uirrJ c\rrvc to ,:)lc r'lglrt lrav{rtg a yndJrrs of
l/, 1.41 fcr'tr .1 cclll.ral lrrgla ol hl o21r06", an.rrc distance of 116,87
fr.r.C to n pc'l nt of l.'r)r,rrrrr I tlrr'rrr-.r ,rl olg r:rr1(t li.;r il:.'rr:l.r:rly llnc nr)d
.,rlorrg cn.i (l t.inucttt 32,ltl f r'ct to,r P1llnt of r:ulvc; I ll.: ncc,. lorrg, r;;rld
liorl'lr!'rf 3tlrly ) jrrn artri .,r l,,r'S ^ (.ulvc to llrc rllhL l:,:vlng a r:rr,1 lrrs of
20.00 frrrf , rr rr'D l : .. l r rr.,l ) r: r:f 90'00t00", /lil rrrc r-ll strrncc of _t1 .L2
It'et lo..I j,olr,t: .)f Jrli (.r rrr,r.t l1111 r.,J t h tltO N()t l.)),'ir6 t(!rl7 I lrrc ,rl Core
Crrr.k iirrrrt) ; tlr,.n(c' qrrl .111 i111r"11 to tirr: l(,j.t of 180'00t0()" i:xl n'r orig snld
li(,rlli(sr;lr'rly )Jrrc 60. Lt(J f i.r'i; t"lr,'r)cc On /rn /|rglo fo tllc lr,iC of
l8U'LlorO0" rirtd n1,.,;rg t lrr' Srrrrtlr(.rrltc'rly 1[[c of llrtr:son t:.:rrr ]r lir,ad and
4l cirrg a crr|vc to tJre Il1.,ltt lravl116 a rnrllrr:; Of 20.00 fcet, A c,::rLr.al
,,,r).(;lc of 90'00t00tt, ilrl Arc rllrtt^ncc of 3l .ttT f(.ct to tll(r t!,Jc l,i)lr)t,'l lrcl;!riolrr;i; r.c'irt ..r t n I llli ll r']. 19,05 :,(lll,t:c t-r (,t: , rrro, c or lr.,r;n.
EXHIBIT I
Count-y of Uagle and Stat:e of
l-vJe1
06074, I
gqts-'lJ{! turo 13 l0
PHI[[ lP3
IE o0ncE r
o8 l}l r8q
Ttttt tltll)llRf I(;Nlil)' botrr'1 trl I o(-r'he-rnetol)ctfi t)[ l'-2
Agsocir,tlon, a c'.'t orado'c9:Ir,liiii"n' ri17: "" iottorr" ) ox':':r:ro
thitr c'('rrEon! '1,1 ''r ttro -!:*o"i-or -(NJ/' --'-'' r9B4'
' l{illjl:,li;rs, Lllo Adsr)cr.aLiun is'Ll":.'rwtler '): "' :'-" ];::i
.11 1''riI 'r!lI'r"('|, I"tfLl' ;;;i;;;-councv ul. l]']gIn' <'r'lr'r!l r' rrr'!'"
B nt)rc part \c,trurLy 'rugcriui"r on tho attacho'l 0xlr:l' j; ; " vihr'h
! ri""*rrv made a Pait herccf; and
r{ilul{E^s, PursuanL t: il-to r:iT:,::i tl;"T:::l:l :f .n"
.ri(:3rr")i'1!!;n atrd llyIa!'8 of tho t\stoclatron'
rnerntiership of clre /rcsol?t;'it;"i" ';;eos1i11..1"tt'ro Lhc ('u '|ershJ p
.if l 'n,i rl)€rahip tnoy uu-liin"rutred or aselgnod; and
'rllt!:lluAs I PoIrrr l,orensrshlp' a. tcneral Pa:tn::8hl:{.'ha t
r,r.!':. j, f lo', wnitc ;i'ip;iiSi' .I;f i :l?:',t;:::;:1"";Hit"l""iil;; '-rte lutrns ll')rtr u){l9e ("todgc") whlcn
;;';,' '" i,iirrnrp e"'
",.i'iil3i"i''iii-t'i''"
I'u"'rriattonI and
'dllltRoirS, Porar PurLn'rraltl p rnay !rnnsfor 1ls lntcre6t
1rr r ;, rl!c alrfl i.rr 'tnoi- Asr'x: ' r!Ion- Lo t' limltad parf'nerohlP
( " l.,r'r'. .t',1 l'arL'ter,rltrpl) "iil' 'tt* snme pnrinsra ns Potar
p.1;1"11111,5trJ.p trxc(?pL tlr.rL ,rn.. t, Inore ptlr-Eners wl!l fre I lmitorl
D&r[:r(lra (!he !ernr "pti ':'-'ioi"ittp;; lo t:oror,t:o I'oLar parLnersh!P
- r -1r.. 1,ilri[u.t r',,rt.,,uiui''if'' ii-i*- ig tt'nn'ltl ''r
nd Lakcs i'itIo to
. the lPtl'Je), n nl]
' 'Witlll{lri\S, t- lr'r
Lo(lgo to cot),lotn itt j .ln:t
P,1r'l.lrarsllip !ntcnrlg Lo collv€rt ghc
,';t;i' ;.;-;;ii' lhc cr:tllorn!nlurno ; atrrl
vlllltiltt^ll, Lo f !nitttc''r gho prlrchaao and che cona!ruccron
lr(tccasory lrr c,'rtrr-,cc u ittn
-t'ign ttto t;ortvorolon,of the l.odge by Iho
Pn rt.rrurslrit:, tlr'r t"r r r. n el rl;t i l; l':;; oht'rrnc'1. flrlifnclng irorn
ci!lzdn$ ii,lnl:, sirl!i)ot';n", wi""'"'of n ( ''Il'rnk" )t ?!nd
!llllil{trA j, ,:ttc' I'nrt-llcrship rlc8 j re3. t'r) ob!oIn conaotlEa gO
virrir:us ass i"Jn ,;"rt.t .: ' t;;;":;;;; 'li it'" nru'nbcrohip ( "MernberehiP")
i1, l,-2 il13 L:()nL..!r,r.. ],,.rt',-'i.tt'
l,igrrl , ,r.tlj:l{lit'')r1.,, in r:r'rtol'JrrrnLiolr -of tlre bovd PrcnlIEeo
rr.l or,(' ,r..>ii.i i'i: 'oo)
' il;"' i' .an'l suttli'ciency r'li "ltich
06074,L
tD haroby |tc.k nowl od'J 9,1 , t ho utl'lsraigllor'l agroc '1tl(l rJivo thclr
conoonb oB f,o I.[orrB ;
L 'l1lo ulldorslgnc\l conBcnL t''l thc Lranafer of
gho Mg|nbor;htp ill th,-' lrost;ctnrton f rrvn Whitc l:r:torl'rl6c1' Inc '
so Polar Prlr Ltt et Bll !P.
2, ,Ilro trr.rlcrsignorl c.rnBent Lo lhe tranBfer of Lhe
tloml)orshtp ln ttlo Arls')ciailon from poLar D':rtnarshlp !o thc
I,i In t Le.l Psr!ncraltll).
3. 'l1ro ourlc ralgneri c':naorrt Lo Lranafer! 'tf the
llerlbershlp ltr thc A3:i(clrrilon from chc P^rt'lrcrshlp to cho
furchaaore of con"r':rni,rlr'ln urllLs ln thc tnrlge Ls tenants I'n
conunon (an,l to sut',l,l,luirtL !r.ltl6ferg .in ':rrniccLion wlth galcs and
f tnonclngB o! cor"d,)till;1 [trn unlue) or to r' con<tornltrlr'n !ssocla!lon
f,onncd for Lho Purl)o$r- ()f adlnirttE!orItxJ ttnrJ managing tho
c t:trd ont ln J.un prt> juc t.
' 4. 'l'lt e rtrr,lcrsiqnr'd conBcnc Lo che aoslgn'nonL of tho
!4crnbe.rrhtp ilr the AB9.rc iaiion to llro ll'rnk, Pursuan! !o Lho t€rma
of n l)c..,1 t f Trus!' A"sitln,na,lc an't Soclrrley &J roomsn ! -datod. May
4, 1984 ("|)eorl ,:f 'tr'usL"i antl a mo<!!flc;rllon aml amon&n€nc to
'.ire i:oeo'.of 'l'ruaL ntl(l r)Lher crodlL and uocurlty inscrw$onta
.inioO-.luno , I9B'l ( "|'to'ltf lc.1ttonr) ' Such 'r68t'gnnont boin?
i'i"ii ii!"!.t'l"iiv'r,lt itre lNvnonu if loane marle bv,Lh-c &ln\ to
ino -ii;.iinotulrlp ior rtro puicti.roe rnd lnl:rrovernant. of lhe l.odge '
!r. Tltc un.lcrulqnc\l herel'y c('nscnL Lo any fuLure ..
ir jsignr 6llt l)y rlrc llilnk of ibs lntorost [n Lho Mcmbershf P ln tne
Asn.rc!allon wlrcre suclr aaoignrnctrL ls ur(lerLaken Plrrsuant to lhe
rrc.rv,rc I s r)f Lllc lt,ltty', its sr:ciosr.lgsg or nsslgna' un{ler Lhs teBna
ir jl t.he tL.cd l.rf i'. r.rt'. irrt,l tb(liflcaLlon.
(r. 'l'llc llll.le l !ll'Jnc'l tlcrsl)y corlsct)g Lo alry f tlturr:.
irssigrullcn! l))' th'- rh'P of 'nl t or any parr of its tnLeresL in
t.ho IlernburslriP i"n t.ire A"Jsoc !alioll' Lo any Parent. subs i'diary or
riuc.:e6f,or in inLrrr'rsL ()f Llre Rrnk.
'-T'
7, 'l'he tlrl(lcro !9lte'l
l)c elxecuterl ln rjourl LcrparL.
,:cht:ow!eilgog that this collsenL nay
't''!!.:^
,S.
-.2 -
Rx ocrrted as of
POLAR PARTNURS1II P
TE;-.JE'i6'fi i "Fr' iT;o-f -
ii6'61fi-r;-[tZfd;
DI urrc J. ln zrer
n;-a:liiTi'
sTA',l't: ()!' co|oR^ln
COUNTY 'JF
flre aarno .' . :
My Corutl! I s rort l{x 1ij. rc a I
Address:
06014'L
tlr6 dalo 9r lLcen .'tbov e '
vAr l, 'l'M I fJs cllAl'l:'t coNDOYINlul',l
ASSiOc IA'r IoN
av--.a44
Pe.rsatr;rlL:'f canre l)ofore mo Lhis ---.ul: ii m;;-g"-l
[9B4, ihu abovc-trarncd -r,:fGf6iifF;TiT-mi6--i'fi nowi.esuo 1 1.::lIt,lre pdrt,nor "f l-ol.ll l*u"uau. che furca.)rn9. instrunenL a!r such .to be Lhe Person v'no e
partnirr of sugh oo'g,",,lliii'l*ui"ie'-nuittoricv' and'rckno,ledsed
' ) gs
. l'i '. fit€;r-v -nuEr-r"
II B-
Atteat
VAII, TRAII,S EAST CONDOFT INIUM
ASSCTC lATiol'I
By--__._-
--__...-_4_--It s____. *--'-@--4-
l': i^'
liliri':
06074 ' t
i:.'tt'
,sfATIt or'
COUNTY O!'
Fo-'t;;-f -Ffrirfi
My co|rt,'t lesion lixPrrco t
,\ddreL I !
S'|ATE Of coLoRAD'J
COUNTY OT'
Pcrsotl I Ly carr|'j l)Lr f()rtl lll(' t')l i ri
1984, Lhe abovc-tr,ttircd A' c' llrll' t') t;tt:
who executetl Ltrc foro'.loin1t irl:'f'rumc'lc'
gaNr?.
g3
'PersollolIyca|nt}beforemc.Lhi"=-.".,-dayof
I984. rho al)ovc-nrncrl i;;;.;t-T' t..rai':r anT'-'Dl-ane J' I/:rzier' Lo
tne klrown !o.be the Pe!'9or'15 who oxcc tl'r'l tlle foregoin':l
in{LruJtlotlL, inrl r,e lilllrw}c(iiJed Lhe soln']'
.,.',:,j;,i l:Yr,:
r rfi; l-,;;;;fr
an(l a,: ).nov I ed9e.1 clre
t,l ) Lirry l)ul) L lc
My cor nLssic)rr 'llxl)iresI|ddreas:
ri)"ii}]:r,r i:i,l" j:I
EXHIBIT A
AND
,fi|'rr), vrlr vi!rr9e Flftht r.r.1lns,County of Eagle anCl State of
colorado
1"ti:,::iil'iltl"lil'!;:u'i'"" i:,i;:;:"ti::!:'fi i;'';:;l"o:1""
"ch"t"i.,-""a "otu piitii"rLtii deacribcd as follous:
coa,renclns ':": l"^l:l: i! llirlf i;'}il"'l::,;:"li!::!l ll::l.Hil;""":li"'
point b' r"s thc-rtolrru-of ,!ll9"ll,l'n:;::k;;;;; ;ho,,ce North"as terlv
li''."ti-rt"itcn- tranch Road and 9?t-"- c:::xo:l"i'n""i""ia alons sald
li:li"it,:;i'l::l'.:':"':i,!^li.i:ii:i"i;i:i:;rii"i;;lii.il':::;ll'.
l:::;T'"iln'"i ;;qi' ;:":":"'!i; ii:^.1:": ;;- i;;' i 2 .r"o'l-'co' iorn'c
:ti; : iili;i:il;:i:ix;:i#'il lii*rill*l,i -i.*,1$: rLl'
"90.00r00t', an- arc o
li:;,:ri *;iqiftiiiift:;,ii.i:l*::lmt*l+:,i*:=iiii'";,,
rhencc o,r a$ ln8re ,ii*llE-lii:";;";:; .;;;e.to-the rlglrE' havrns"i..
",tru:t r*I-f "*li,-:':i*;:ili:Eliliisil:;li
"i",t "il'i'l'"""'"'r'3I.42 feer lo r Pol
ii""-'"a "i*r ::::,lrffi*"il1;lii'i:r'liFl+.*i;it**"31"i,3f"
i:ii' I "i:' l,l,"l?' ;; ;r;ni ; rh"n" " :l::i l:il,l;i:ii,;;;lil:llt"::il
,,,, l,i::;,i:i i,liiiil,ii.lhi:;;' hli, ili :;i";iiv,n*: "".t,, o,
i?i ?l;T,i ,li"iri":i':r':iti:;i:^,1'il";*,' "l"i[;:;;lrol'll.'l'331"""'uCr c c','. Road I thcncc
fi ;:i;iili'H.,' ll;13 ;i:.iiiiitii::il,;l';:l :llilu:l"ii';::'::::':l'
:iiri" :,tm.r;,i'fi "l'l[ !illii": ":i.itl:?.::li.:".:t ": ::e
po rn!
I :'i"u;ri,"ins; "o"talnlrrg 8'579'05 squa:
l
to gho
Whi.to
::,
and g tve tho 1r
grans Csr of
Entorlrti!se9, Inc
cot..
.f rom
rtlt. Lo
Polar
o( Lhe
to lhethc lranF for
Par t ner sh iP
.rnd managing :he
co irans isrB of tha
ParlrrershiP to th€
krdgo ae gctr!'rltc tl- - --,;;;;"4t"; wirh stlos and
i - conclotninlr:'tl aas')c iatlon
terms.-1
t,. I,ire urrrler:slgncd hsreby t?il:"1t"- o"
nssi\ n etlL t)y Llte &:rrk :i'rtf or any PnrL ot'iEB
li,-:'ii;;;;.;r:"tir,-in trto Assor:ia!ion !(, ulrv lritrcne'
",;:.',;;;;; 1n itrtoress of Lhc lrlnk'
7 ' 'l1re trnd er s i$ ic'l
I)c .exer:utod ln co'lnterParL '
airy f'.rture,
lnlerosL rn
s 'lb! id Iar Y or
.rcknowleJqes that LhiJ collsenL nay
: r't :1.'
ir ti fA'l'E OF
I ccuNtY l'ot'
06074. 1
rn!ttOn above'
vAtL, Tt{^Ii,s ctlAl'tlT cot'lDO!4Il'1r uM
ASSOC IAT ION
By- *-- ------
lLs _ _-__----.-
}>- tr-rtest,
Its
VAI [, TRAILS EAST CI)NI)OI4INIUM
ASSCC IA'r loN
By--..-...---.-
I!6
)
)
)
Btr
psrsonal.ry came b'!f,oro1116. shl8. llg olv li f"H=.-S;porsorral.lv camc b,lforo rne e,,!o , ' _,-a; rn,r Eiic-fri- to -be' re84, r'he abov':- naml'!,,$kl*'+f:I-;'#itr-"Aioii oJq "'r ll'::.liiil" ;^i li"i"!i- piii"l- p#ffiifiTi]lin.'por:n"t of PoIar Part'ncrallrP' uIr(r !r'v i-in"tr*nint a3-6uch
iij-ni 'i.ri"
-p"":1?n -::: ^:lli,illool"i,:"::?i.'::?.il "iii"i"in""r
"ag "io-r,ii -trr"
t)er3on who exccutcd lr)c r.,LsYvr"r lf -an.r acknowledgeil
iX t'ii"i'lr'; uclr part'nersrrll: ' bv i'Ls n i'rLhorr!'
^. - ,cho sLne. l
o
06074 ' r
06074.1
lrr't a (la
an(l
r?8 a I -Ll1.,?l?iIi"illlkim6-rrriE-Eri'-,::=.of Va fT-ita-ifii-5tii'c'iho ' icxnowf oclg eil. Lirerne
:: :::gn*l!::;{:l;i; i'.:ir:l::i.^ l"iril,::; ;., :i"" :";::u:::::l:i':ll: ;?'i'1:'ii*.i.J?ii'i':i"o-'"k'lrowrcde'nl ihe Bame'
.- - -----i :.:iINotarY ru trr ''-
, | ';1-:--:--
t)'' s:fATe ct'coLolllil'o I ) 68'"i
r.nr pl t'v ofr.vwurrr r v'
'' : '' i -ri.';o.o;.r,r1'r" canro bcfore n.o urls -'-,r*iloy
of '- ;-',
catno b,: to
i'lr, rj
':.*rl f
,: :lr;, i\', r ':i
,,1 i.
'41R,1
ersb
yot
l,ot P-Zr
colorsClo
vail Vlllage Flfth rlling,County of, Eagle a'nd statE of
AND
A Dart of Eanson Ranch Boad froo Gore Crcek Road to Core Greek Drlve
aa'platted ln velt viirii"-rlrlh.rtlt"g'
-io'nty of Eagle' scnte tf
Colorarlo, and sorp parttlularly deecrlbcd ae follows:
Cc.rnnenc lng au a polnt onl ch" Southerly lLnc of Hanson Ranch Road' said
Dolntr betng che polni ;; ;;;8;;; of-lire. !outr'u"tcerly curve intersectloa
of sald Honson nancn-nlla-l"t 6ttt ct""t-ro"j; thencl NortheaEterly
;! alonp, the Southerly'fl"u-'of "old llanson P'anch Roatl and along sald
tAngEnt 32.94 fcet. to a Polnt of -curvel ift"i"u- "f""g said Southerly '
tl-ne and srdnB'! "uii"-tl-lit" iufc havinr a radlrrs of 181'41 fee't' t
centrrl nngle of o,:"r9!rr, an arc.dlatai"u oi rqg'gz fect to a point
of reversc curvr; theico-tio"c aald soritherly ltne *f :::lg'" reversc
curve to Ehe treht i;";iie-i-tioi"-"r zoloo-?utc' a ccntral angle of
90.0otoot'i oo rr" oi"tiilu of 1I.42 feet to a point of intersectLon
r.,trh Ehe sourtrweaceiiy:iii"-"t-i"re creck-iriv!; rhon". on-an angle ro
rlre lefr of .180'oo,;6r'
";l-.i;r;-"irJ-soutr*.aterly
ltne 80.00 feeE;
rhence on an angre Ii.il-r.ri'.ie-iao.ooii6;="il..iore-rhc Norrhlre'terry
llnc'of ' Hanson-nan"ilnoad-and' along-a curve' to-the rlghc havlng' a "
radlus of 2.0.00 ru"'t,1'I-Iui'ii"i-""ir" of-gooooroo'r' 8n arc dlstance or
31..42 fcet.o " poiii of co'po.,nd lu',,"; li"il"-ir!"g sald Nort}n..csEerly
ltne and olons eari I;;'";;;';;;e-to.tire-irltrc havtig a radtus of
l4t.4r fee!, a """;':;"'il;i; ;;'4t'ii'05;'-;; arc dlstence or rt6'87
feec to a polnE of, tangr:ni; chcnce oro"[ l"lJ Northh'estcrly llne and
along sald iangcnt iz'Ia ri"t to a polni "i-"t*"; thence' along sald "
NDrth!'catcrl.y Ilnc a"d along a :Yn:,to''iu if gttt'l"uf"g-'a-radlug of
20.00 fccc, " "o"t'11-ui;i;'"f 9o'ootoo"; an aic dlstanc-e of 3L'42
fccc to a Polnt ot-intoi!"tt!'on r'rlth the NorthcaBterly llne of Gore
Crcck Boad; ,f,"r,.u i.r-"1-.rii. r" tfre f"ei-"i"iiiO:OOtO9" and alotig sald
Northcasterly rr'''o !6'OO fe!t; thenee oi "n ungl" !o the lefr of
180'oor00I and along tlre- southeas tetly,iril oi-tl"n"on Rench Road anit
:ill:":,;nt,alf ":t::":ili::,t :?'ili;i':: ;':.':;:'':":";:l:l
;;"b.r;;"i;si -.ontlr;i'''!-a,s: r'os ssuire rce!' 'oore o! lcea'
O7LB4
l:."-" ;)./'lt'Sg!.!]!:l rlro 13 l0 os [l{'8'l
nrc,)N DE Rs I G-,'.1;,
ilslll?,3; ) ? I 17ii;T:'l?:;: )' :" [ 3' "
tii?" il :lll I I
"
":1": i:'r-f, *o
""v
z r -- -J t!ti--'-
'lrE^EAs,
r"he A;$oci.ar'i"" 1:,. ll".i,lner oI ccrta'in l'1rd
in vair u:.i ii,-, i,.i*l"tii;l* n;:;,i ::.::,;:1,'l?lliio?i'T,i!i"
l:
"Y::,';"1:l?"1'i,il-"i;
iuu r, o na
\.TLTEREAS' i)ursuanr to Lhe terms.::'iir"T:i:Iii 3f ,r''"
rn.o,poru. ioi"i"O' nyfu" of the Aesocrat-ron'!
";;:.-;;; owncrship
llF::iili:,:i,;;i"lt::"lill3?.li"i:"ii"llllnl;;''*'
no.. u","r,iX','"i"ll;.lli r*:tif;iil:lii;;;i;it":i"ili?'^:*' l",u
lrnt erFrises, Inc ' I nar
,'fl,i:,!;|;'i:" l.:"i::.:li:i:*":::Iili;; ;;i" Par rncrshii) ror
d HE!{EAS'-'n?":.'ti:' i'*i!it: :T iL ifiltk " :li -il
"l'i::::i::lli T:"' ii'li:;;-o?i';;"'ll';"!"!ill' ;;..pr ,.Lar :l:, :r
wi t-h the sarne f'arf ner
ilti*li.Hi"$i:*i'trt'*1.1,'$t;
r'f rlri'=:r' ;':;";t;'i?' t'
!i,r!rRrAr;, -l: :1".:::ltll;: il|i:"n.::"1:i'i"iT"s and to
l:ll'':;:"::.ill?'iii'"1, ...
\'r'rturlEAS, ":"X:? :::i.?:;t'::: :: ::i"i: ::i:':: tii::iil
"r.he Purchuse and,rhc
*: $H ;::i:?.::,':l:;"i:*":i.i::"F;',:l;:':l*';l:":";il::::il
( "Darrii" ) ; and
h'tlERttAS, tlre partnersn+o'l::i::lu::":::"i11"::;:::;it:i
:i'tii:",::'::iH::i" j' ":l::i::l il""i:' ""
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t :ll r?i.'r'l :.,:,u :';" .,1'i :l]
t "
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a r'rtl Jtrs Do!rar (9I'(
iij ffi
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q{i,}r,rii'rii r'!;'
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ac}illo'dlr...lge(l,t-hounder'19n€da9r€eandrJtvetileir
fo I lows 3
" itr,ri'l' .:
i s hor aD:I
conaeni. rg
I
t rans f€r ot
l:ntcrPi j.s0 s '
'Ibe .lnd€ratrJne(l :ll"e prevlou6ly conge r!4/l ro tn'"
,h;";";;;;hi.i ln rlre Aigocla'ion f rom ";rrrc
ii"'.'- to t'o lai Pnrr-norsh[P'
consent t() thc r rirls:er "I
r114
ii""-ii"r"t rarlile r!rhl i) '1 f llt)2,' T']xe u n(i er s i9 ned
\1..tml)ers'liP in the, ABn )c i'f r lon
l,i!'i t qrl l'al:! !r'-'roltrP '
i4,:,nDcrchi,"l,' il! il';;:;:i?:l .:rr'!'iL"i:i:i:i{i;f .ii,;','.,,.,',",
;f ffi :; il;:;i;;i :;';l',li lil"l':;:.:']4 e':''t
,ne6, ..rr -ul' ".,13!.llt;'i;'i;t i:!i:il'!:L::"1;)i;:i;:Ixillit
. i"tf,u- ,fonfa, Pur!utrtr t., the rormt of a l)ae'
.n.,,.,,'i,,a secuii..v r#ni.*:iil,f;.,,i' Jn'"!" ff::l]ll.?ii:l
1lt,,i.''S,1tl::::?lly.l;";;;;;;;; d6r.€d J.'rv^' Ie{'4 ( "Morirrca-
ti:n"i. Such as;i9nnr;;t'[^l''- 9lvcn. 'rr-recirlty fo! ttre Paymen'
,) f loa rB riadc b). ,no '"go,rX. . ,- ihi P"rt'ntrshtf' for th. Purch.'te
,.n.t-i*"rovg"ent of I he k)'l3e'
s. I1te rtn'iergilrner herebv-co?:"'i;.-;;llrlilii'i"'n"
l:::i?51::"i,::: ::lil ::'l;'-:l:"i!-::iiu:H"ll*;l* :i';*'
r*; :ii'* "i':,,iii :;''' : :.,, " i;;i??::i,3 l. " " " "
6. r:,4 u iar-.rier;,' l:'i?l i;l::i:,-:"'?i::""i:iil,,.i1
l:"t;i:"il:Ji"i!i,:''ii,:li"i::;;",,:;"::""il?,''"il.?'.!1",1?i!.":1".... 'r;* .:ve:r th4 h1n,'. "1 I:.1::i,::]:,^.'l"IiI""i,a.rst(rned consent Ir n
r.r,.J rx.(r ,r .rrust "-l n:";i;;..1:t:";r';l:rll';i-*to ur"o own3.,r.
iriinsl{Jr af t'lcll l)/
5i.xul1'rrli'rr!!sl -u otqu'''"' cvnr-'!'{lrlp of tlre Lod'j€'
7''" "'i",;:;; ",.,i,,]i,"i.1' rlli:"H;':l:li' i::"'
s i,r.": r :i(",1!1./ conrli'-
-2-
r)? ltl4
a' ln accorcance yfl\ i\rtlc:::"tI' Parl'rraph 2 o''
:l:.::::;i,l'*:: lili::;l;l;ii"fi ii,::tl .*tlSii;ili::' :r"It" r,"
::"1;l;?ffi"ir.ili*;o;:"inl"oililii"'tiii :l:l'iili"i;i":l'1, ;':,',':;;ii";;;; ancl hord iilroctorehi P on beha L l'or,r
'ji'o
','to,nr,o'siri
'
irr
;;;ii h;;; iiie exct'uslvc ''oice vith'o'Jl:::...'
al\ c,ther respecr-g olssctinq the As6o'irirt)'J '
b, rhe,\aa.)ci.,tig- "1,:lll lli,,1';;:,,:l'::.;':,1,'.',;:,'';3
of ir||y t-':altgftr of the l]"jtnbershil)' llr'"-l JJrlr"r
heretry.
c' lf t'lre ilernbo!F'hiP.i tr'-!t):ifcr[( ] ttr
"1
corrrlorn in i tr,n o""o"i."iolil i':'tt'- ''iiiit "irr 'citflr ;tssci t it'it r:r.'r'Ir' ;
;". ;; l;;il.':l lf :l' :ii?.."i5"i:l*" li:i": *,i::i::? l;I " "-'i:,":: i:': $"'"3n" i.i.' * i;!''';;:;;i ; t ". 1 "'I : i i :
bharl oot b()th out\ t ';;t;;;:;-'i; rhe Me'nbershiP an r"hc ilrxe
t itne ,
d. As a conditLon to the cDnsents c:)ntaillc'l
here-,.,rny, !::r"::'::":ijli"lit:"*[1""::]' .:l ::":il, :: . :"'"
:LlH.H:'l;';: i::;fiii"""u's ilre. ry;reeneni rcratrns r'o
forrnat j.cn of t-he r{5 Eo; ii i-itrr-i "t "r september 16 ' I9?6'
>er shi'P shalI r'rtitY'l- e. Any t-ranEferce of .the,Mert
r.he parki.ng arlocat'i':ne ii'-ttiit'"otta.?19-lty"itul ly 3e}'tarated cn
the rlate of t-his *tt"'iit"i'ii'n any.moCifications {:c eucn
all.ocat i Jns't lror' tnay itt "ui"uguuittly.rnade-P\:r:ruant.
l''o ihc
ffi iq: i :.?i' i::' ii;1:,iiiiil filr I ill'rl l; ;':""fi :ii: :':? "
" i :
ri,.;soc iat-ion dated SeF
t' r'vl:' t'ransfcree (other' tltan 111e afcr'JdescribcC
eorrCotniniuln u"sot:iot:'on')'tji
'ilt".'"*t"'rs".11!1
.,'1u'r' owll )l: Po'jsc'''s
';:";;i'";;/ i:eneficial lnterest- in ihc Lo(rse'
B' T.1e undersig:re'l gc(ncwl errges tlrai t'11i9 collsctrt 'ilay
i-re e:(cc'.rt.e,.l in counterParr: '
l::{ e(: ' lt tr'l
l'() 1.,,\ ll I'tll'i'l:l:l(li1l I I'
07 ttt4
;rs ,)!' f lr,' larc v; i f tcrr 'r'i)r:"'4'
VAl t''l'lU\tt':i (:'r^t'l:'1''-":ji''' i f ': ttJ:1
' A:i:ir )r: IA l'Iill
i.,;li;;i i: i -;li.-'-r;;i i ;: rr
ri;.i;;;'-i '-- i,; z:i;t;
r;'ftr'l'li ()lr (:O l,i lilA l'i)
c{)ltll'll')l'
itt tOSt :
vAl L 'tl,Ai i,li l.AsT c()\t)o:41li luii
lr s iscret a rY-'f rea6''rur
iro-iiiT- l;iiijt tL-
ll s
i,r:rson,rt.ry cirn,) 't)cf.)rc 1;' rlris - --- .l;'t,{
,irl v:;.fi. r',j-i;,',
1l!'t;,.i'Ji,,.,i"|'r'ulilil''n;;'r-iciirinipi-iii'i-*ri'i'-'$nowre'tr';erl
rri'nsctr
r' l:'e r lrr: t)er3o' vrh() t"i.tgliicti r ire [.rerl<:in'J 1r']"::r]":t;;,,t3:i::i:;''] I
p"rr.aat",re' "tcll
prrtllct:slti1:' ily i'ts artrhorli)
I lle Balnl'.
iiy (:o:ixn i:i $ ion t:)"Pir(i!i:
.i:l{lrsst;: --
..- 4 -
ii.fffii,
pur"bTri'r rY' carno be fore. tl:, t;:l:(lay of
,u t i$ii tt' carn o be f o re -
rn"' l-lr l -;=Tuiilt o]' t;;Zmf -*';-
!es4, the ;U!::l;qid 1:l:':*:' ;l'i,; l;'"u'1i.. "?i'Lgoi ngr qa4. the abovo-na'ncd l::,:'h:' ;;';;l;;d- lh. fcresoi ne
i"-xi""" r.o ba r:ho. F,€- t-. ^,..^.. rlia aajne. .li"$il'i.;; lio 'i"xi'"*todse'r the same'
My coln'.ni s sion l:xpires | ----.--Address, - - - :----'::
I n=tn-*"
STATE
cQ l.I'1" \
55
-t_ t ir$*r- *.tr.
S ATE OF COI.ORADO
COUI Y OF
O7IB4
ictary Pu-ol lc
. lea
,(, l1 ::
, 11|;t)i
Personally camo bcfore me this ..- 1uy of :;:
-'
1994, ilre abovc-named dlrc.*;----*'
\vho ac knovl ed g e.i tlrem s6fi6G'-i o-u;-ft,e l-_and of Vail rrailildiE1Ef------
co nd5frTiiEfr'-EiES6fatio-fr1-ii'tr-Ti-rne knowr ro bd the Persons r"fno
{!xecuted t-he foregorrtg--J.,,"i.iuoont as iiuch offlccrs of such
associat-ion, by ii-s arlt-horil'.y, and acknowledged the sane'
My Commi ss j.orr
hitlresg r
irExpiresr--_.-.+', -,::'
4ftHJ:,;;ffi; , i"""'{::1t--'iih1.',.1rl;;."$h;i' r.'ame b-ro:re me rrris. /ft oo'-o-' -fu=r==t1984, the abov e-nam-ecl Clrarles H' Cowler,t'hidii9.' yl: hcKnowreogecr
l:imsel! t-q be the Secretary-'i'rasurer of Vatl- Trails Ea 8t-
i..a-t itf 'rit*.Ag
s oc iat ioi, -ui'a - i "'1", In?:i* * :.:: ^::t^?9: ::l "t'';; :-:"Yi;iiliii:" -r"i.i"i"g'- i""i.i " ent a a auch- o rr ic er o r E uch
;;;Ai;ait;; uv ils uitt'oritv, an(l acknowtecsed the sane'
g-_---_-
s a.1()11