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HomeMy WebLinkAboutADM130004 Approved Plat Mark Upe H CERTIFICATE OF DEDICATION AND OWNERSHIP LION SQUARE KNOW ALL MEN BY THESE PRESENTS THAT LION SQUARE PHASE 11 AND III CONDOMINIUM ASSOCIATION, INC., A COLORADO NON — PROFIT CORPORATION ON BEHALF OF ALL THE OWNERS OF ALL THAT REAL PROPERTY SITUATED IN THE TOWN OF VAIL, EAGLE COUNTY, COLORADO, DESCRIBED AS FOLLOWS: LION SQUARE CONDOMINIUMS PHASE 11, ACCORDING TO THE CONDOMINIUM PLAT RECORDED AUGUST 18, 1972 AT RECEPTION No. 120871 AND LION SQUARE CONDOMINIUMS PHASE III, ACCORDING TO THE CONDOMINIUM PLAT RECORDED JANUARY 30, 1973 AT RECEPTION No, 123333, COUNTY OF EAGLE, STATE OF COLORADO. SAID PARCEL CONTAINING 0.882 ACRES, MORE OR LESS: HAVE BY THESE PRESENTS LAID OUT, PLATTED AND SUBDIVIDED THE SAME INTO LOTS AND BLOCKS AS SHOWN ON THIS CONDOMINIUM PLAT UNDER THE NAME AND STYLE OF: FIRST SUPPLEMENT AND AMENDMENT TO LION SQUARE CONDOMINIUMS PHASE 11 AND LION SQUARE CONDOMINIUMS PHASE III, A SUBDIVISION IN THE TOWN OF VAIL, EAGLE COUNTY, COLORADO; AND 00 HEREBY ACCEPT THE RESPONSIBILITY FOR THE COMPLETION OF REQUIRED IMPROVEMENTS; AND DO HEREBY DEDICATE AND SET APART ALL OF THE PUBLIC ROADS AND OTHER PUBLIC IMPROVEMENTS AND PLACES AS SHOWN ON THE ACCOMPANYING MAP TO THE USE OF THE PUBLIC FOREVER; AND DOES HEREBY DEDICATE THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE INDICATED AS EASEMENT ON THE ACCOMPANYING MAP AS EASEMENTS FOR THE PURPOSE SHOWN HEREON; AND DOES HEREBY GRANT THE RIGHT TO INSTALL AND MAINTAIN NECESSARY STRUCTURES TO THE ENTITY RESPONSIBLE FOR PROVIDING THE SERVICES FOR WHICH THE EASEMENTS ARE ESTABLISHED. EXECUTED THIS DAY OF OWNER: LION SQUARE PHASE II AND III CONDOMINIUM ASSOCIATION, INC., A COLORADO NON — PROFIT CORPORATION BY: TI TLE: Q STATE OF -- ---------- ---- -- -- -) SS COUNTY OF - -------------- - - - - -) A.D., 20 --------- ADDRESS: 660 LIONSHEAD PLACE VAIL, CO 81657 THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS - - - - -- DAY OF _ _____ _______ ______ __ ____, A.D., 20 -------- BY _____________________ AS -------------------- OF LION SQUARE PHASE 11 AND Ill CONDOMINIUM ASSOCIATION, INC„ A COLORADO NON — PROFIT CORPORATION. MY COMMISSION EXPIRES: --------------------------------- WITNESS MY HAND AND OFFICIAL SEAL, /TITLE CERTIFICATE DOES HEREBY CERTIFY THAT THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT HAVE BEEN EXAMINED AND IS VESTED IN ----------------------------------- _ AND THAT TITLE TO SUCH LANDS IS FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, EXCEPT AS FOLLOWS: DATED THIS ------ DAY OF AGENT ADDRESS -------------- BY------------ - - - - -- (SIGNATURE) NAME AND TITLE ADMINISTRATOR CERTIFICATE A.D„ 20 ------- THIS CONDOMINIUM PLAT IS HEREBY APPROVED BY THE TOWN OF VAIL ADMINISTRATOR THIS DAY OF ------- A.D. 20 - -__. ,IV 0 M 0 TOWN CLERK TOWN OF VAIL ADMINISTRATOR TOWN OF VAIL URVEYOR'S CERTIFICATE I DO HEREBY" C=Y THAT I AM A REGISTERED PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS CONDOMINIUM PLAT IS TRUE, CORRECT AND COMPLETE AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH CONDOMINIUM PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECTLY SHOWS THE HORIZONTAL AND VERTICAL LOCATION AND DIMENSIONS OF THE CONDOMINIUMS, PARCELS, EASEMENTS AND STREETS OF SAID CONDOMINIUM MAP AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND AND THAT SUCH MAP COMPLIES WITH, AND CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S. 38- 33.3 -209. IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS DAY OF ----------- A.D., 20 - - - -- r� BRENT BIGGS COLORADO P.L.S. NO. 27598 Pat /CERTIFICATE OF TAXES PAID 1, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES DUE AND PAYABLE AS OF THE DAY OF ----------- A.D. 20-- - - - - -- UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS - - - -- DAY OF A,D., 20 --------- TREASURER OF EAGLE COUNTY CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER ON THIS DAY OF ------------- - - - - -, A.D. 20 - -__, AT ____ O'CLOCK ____.M. RECORDED UNDER RECEPTION NO. --------- - - - - -- IN BOOK ___ -- AT PAGE ------ ------------------------------------ CLERK AND RECORDER EAGLE COUNTY, COLORADO i • GENERAL NOTES: 1, DATE OF SURVEY: NOVEMBER 30, 2012. 2. BASIS OF BEARINGS: FOUND No. 5 REBAR WITH 1}2" ALUMINUM CAP, L.S. No. 27598 AT THE SOUTHWEST CORNER AND A FOUND No. 5 REBAR WITH %" ALUMINUM CAP, L.S. No. 27598 AT THE SOUTHEAST CORNER OF LION SQUARE CONDOMINIUMS PHASE 11 AND PHASE 11 BEING N86`22'56 "E A DISTANCE OF 292,04 FEET (SEE SHEET 2). 3, PROJECT BENCHMARK: HARN CONTROL POINT "SPRADDLE ". ELEVATION = 8287.82' (NAVD 88). 4, THE BEARINGS ALONG THE EASTERLY LINE OF VAIL /LIQNSHEAD, THIRD FILING DO NOT MATCH THE BEARINGS OF THE WESTERLY LINE OF LOT 1, VAIL /LIONSHEAD, FIRST FILING, FIRST ADDITION. WHILE THE BEARINGS COMMON TO TRACT B, THIRD FILING AND TRACT B OF VAIL/LIONSHEAD, FIRST FILING ARE ON THE SAME BASIS. IT IS APPARENT THAT THE EASTERLY LINE OF THE THIRD FILING IS IN ERROR AND CREATES AN OVERLAP INTO LOT 1, VAIL /LIONSHEAD, FIRST FILING, FIRST ADDITION, 5. BUILDING TIES ARE PERPENDICULAR OR RADIAL TO PROPERTY LINES AND ARE INDICATED IN PARENTHESIS (XX.X'). 6. THE SOLE PURPOSE OF THIS AMENDED CONDOMINIUM PLAT IS TO SHOW THE EXPANSION OF UNIT 1 PHII "AKA UNIT 450 ", UNIT 3 PHII "AKA UNIT 550 ", UNIT 5 PHII "AKA UNIT 650" UNIT 7 PHII "AKA UNIT 750 ", AND UNIT 11 PHII "AKA UNIT 554" INTO THE INFILL AREAS AND TO SHOW THE LOCATION OF THE NEW ELEVATOR AND STAIRWELL. ALL OTHER PORTIONS OF THE SUBJECT PROPERTY AS SHOWN ON THE LION SQUARE CONDOMINIUMS PHASE II CONDOMINIUM MAP RECORDED AT RECEPTION No. 120871 AND LION SQUARE CONDOMINIUMS PHASE III CONDOMINIUM MAP RECORDED AT RECEPTION No. 123333 REMAINS IN FULL EFFECT AND FORCE. 7. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. TITLE NOTES: PEAK LAND CONSULTANTS, INC, DID NOT PERFORM A TITLE SEARCH OF THE SUBJECT PROPERTY TO ESTABLISH OWNERSHIP EASEMENTS OR RIGHTS —OF —WAY OF RECORD, RECORD DOCUMENTS UTILIZED IN THIS CONDOMINIUM PLAT WERE PROVIDED BY LAND TITLE GUARANTEE COMPANY, ORDER NO. V50024D23.2 -2 DATED DECEMBER 19, 2012, AT 5:00 P.M. (ITEMS 1 THRU 7 INTENTIONALLY NOT SHOWN) 8) EXISTING LEASES AND TENANCIES, IF ANY, 9) RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. (SAID EXCEPTION IS BLANKET IN NATURE AND NOT PLOTTABLE). 10) RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98, (SAID EXCEPTION IS BLANKET IN NATURE AND NOT PLOTTABLE).. 11) RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED MAY 18, 1970, IN BOOK 217 AT PAGE 675 AND AS AMENDED IN INSTRUMENT RECORDED JULY 30, 1970 IN BOOK 218 AT PAGE 334 AND AS AMENDED IN INSTRUMENT RECORDED OCTOBER 15, 1970 IN BOOK 218 AT PAGE 899. (SAID EXCEPTION IS NOT PLOTTABLE). 12) THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED APRIL 09, 1971, IN BOOK 220 AT PAGE 176 AND SUPPLEMENT THERETO RECORDED AUGUST 18, 1972 IN BOOK 225 AT PAGE 104 AND SUPPLEMENT THERETO RECORDED JANUARY 30, 1973 IN BOOK 227 AT PAGE 512 AND SUPPLEMENT THERETO RECORDED APRIL 27, 1992 IN BOOK 578 AT PAGE 699 AND FIRST AMENDMENT THERETO RECORDED JANUARY 10, 2006 AT RECEPTION NO, 200600753 AND AMENDMENT RECORDED JULY 26, 2006 UNDER RECEPTION NO. 200620484 AND SECOND AMENDMENT RECORDED MARCH 9, 2011 UNDER RECEPTION NO. 201104508 AND THIRD AMENDMENT RECORDED SEPTEMBER 22, 2011 UNDER RECEPTION NO. 201117658. (SAID EXCEPTION IS NOT PLOTTABLE). 13) EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE CONDOMINIUM MAP OF LION SQUARE CONDOMINIUMS PHASE 11 RECORDED AUGUST 18, 1972 IN BOOK 225 AT PAGE 105 AND RECORDED JANUARY 26, 1973 IN BOOK 227 AT PAGE 427, (SHOWN ON SHEET 2). 14) EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE CONDOMINIUM MAP OF LION SQUARE CONDOMINIUMS PHASE III RECORDED JANUARY 30, 1973 IN BOOK 227 AT PAGE 513, (SHOWN ON SHEET 2) 15) TERMS, CONDITIONS AND PROVISIONS OF CABLE TELEVISION EASEMENT AND MAINTENANCE AGREEMENT RECORDED JULY 29, 1993 IN BOOK 615 AT PAGE 85. (SAID EXCEPTION IS BLANKET IN NATURE AND NOT PLOTTABLE). 16) TERMS, CONDITIONS AND PROVISIONS OF CONSENT TO ENCROACHMENT RECORDED SEPTEMBER 07, 1993 IN BOOK 618 AT PAGE 778. (SAID EXCEPTION IS NOT DIMENSIONED, SEE SKETCH IN BOOK 618 AT PAGE 778), 17) TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION RECORDED FEBRUARY 23, 1994 IN BOOK 633 AT PAGE 251 AND RESOLUTION RECORDED FEBRUARY 23, 1994 IN BOOK 633 AT PAGE 252 AND RESOLUTION RECORDED FEBRUARY 23, 1994 IN BOOK 633 AT PAGE 253. (SAID EXCEPTION IS NOT PLOTTABLE). 18) TERMS, CONDITIONS AND PROVISIONS OF RESTRICTIVE COVENANT BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED JUNE 01, 2005 AT RECEPTION NO. 917761. (SAID EXCEPTION IS NOT PLOTTABLE). 19) TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT, AND VAULT AGREEMENT RECORDED OCTOBER 01, 2004 AT RECEPTION NO. 893086, (SAID EXCEPTION IS BLANKET IN NATURE AND NOT PLOTTABLE). 20) TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937628. (SAID EXCEPTION IS NOT ON SUBJECT PROPERTY), 21) TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937631. (SAID EXCEPTION IS SHOWN ON SHEET 2). 22) TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937632. (SAID EXCEPTION IS SHOWN ON SHEET 2). 23) TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937633. (SAID EXCEPTION IS SHOWN ON SHEET 2), 24) TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 9.f/635. (SAID EXCEPTION IS NOT ON SUBJECT PROPERTY). 25) TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT (SURFACE ACCESS) RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937645. (SAID EXCEPTION IS NOT ON SUBJECT PROPERTY). 26) TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937647. (SAID EXCEPTION IS NOT ON SUBJECT PROPERTY). 27) TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 17, 2006 AT RECEPTION NO. 200601175. (SAID EXCEPTION IS BLANKET IN NATURE AND NOT PLOTTABLE). 28) TERMS, CONDITIONS AND PROVISIONS OF PARKING EASEMENT RECORDED DECEMBER 13, 1976 IN BOOK 250 AT PAGE 751 AT RECEPTION NO, 147023, (AFFECTS UNITS H11 — H15). (SAID EXCEPTION IS NOT PLOTTABLE), 29) TERMS, CONDITIONS AND PROVISIONS OF MUTUAL EASEMENT RECORDED MAY 14, 1979 IN BOOK 285 AT PAGE 380 AT RECEPTION NO. 181784. (AFFECTS UNITS H215 AND H301). (SAID EXCEPTION IS NOT PLOTTABLE). 30) TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW RECORDED JANUARY 27, 1993 IN BOOK 600 AT PAGE 227 AT RECEPTION NO, 496316. (AFFECTS UNITS H23 AND H24). (SAID EXCEPTION IS NOT PLOTTABLE), 31) TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 26, 1996 IN BOOK 714 AT PAGE 678 AT RECEPTION NO. 610655. (AFFECTS UNITS H214, H301 —H305, AND H317). (SAID EXCEPTION IS NOT PLOTTABLE), 32) TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED DECEMBER 17, 2012 AT RECEPTION NO. 201225288. (SHOWN ON SHEET 2). 33) TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED DECEMBER 17, 2012 AT RECEPTION NO. 201225289, (SHOWN ON SHEET 2), 34) TERMS, CONDITIONS AND PROVISIONS OF RECIPROCAL EASEMENT AGREEMENT RECORDED FEBRUARY 14, 2012 AT RECEPTION NO. 201203038. (SAID EXCEPTION IS NOT DIMENSIONED, SEE SKETCH AT RECEPTION NO. 201203038). 35) ANY AND ALL ENCUMBRANCES ON INDIVIDUAL CONDOMINIUM UNITS. DATE: 01 /03/12 SHEET 1 of 4 d ( IN FEM ) 1 inch = 20 ft. VEHICLE ACCESS EASEMENT (RECEPTION No, 937632) (SHADED AREA) (SEE DETAIL B) FIRST SUPPLEMENT AND AMENDMENT TO CONDOMINIUM MAPS LION SQUARE CONDOMINIUMS PHASE II AND LION SQUARE CONDOMINIUMS PHASE III, TOWN OF FAIL, COUNTY OF EAGLE, STATE OF COLORADO x" XW ��\CIP a s c� U7 --� z (.A N87 (So EoNEj OTE 5.4o') ( ') p S86*5�1' 43"W -' 172-00' UTILITY EASE TRACT A ° INQU 41- `"' v- - /-z7/-.u"t (VAlL /LIONSHEAD, FIRST FILING) (BASIS OF BEARING) �k�' 0 20,00' 4x 7sx 1 ENCROACHMENT EASEMENT (RECEPTION No. 201225288) (RECEPTION No, 201225289) (HATCHED AREA CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD 13EARING C1 6`51'22" 99.50' 11,91' 5.96' 11.90' 527'44'45 "W C2 16'22'40" 57,50' 16.44' 8.27' 16,38' N35'35'27 "E C3 19'27'40" 92,50' 31.42' 15.86' 31,27' 534'02'57 "W '06SIGN REVIEW', STAFFAPPROM4 " PEAK LAND CONSULTANTS, INC. �,•� DRAWN BY; JF JOB N0. 66 PH,(J70)476 -8644 FAX:(970)476 -8616 1000 LION'S RIDGE LOOP, SUITE ID VAIL, CO 81667 DATE; 01/03/12 SHEET 2 of 4 m � IL � � ,n 00 � � v- V) w it * LEVEL 5 ** HATCHED AREA NOT PART OF THIS PLAT ** �* p ' m L� CL I — [L U . � � � � � \.[/ UNIT 12 PH 7.E/1 �-----� 22.9' 1 i 0 �- -- 50 yTy�T1� 1 � ��ll ''^ - \ =^^�~ - - - ' O,5v / ^�~� | _ . ` . OPEN TO ' 2,6 \ \ ! l ^ BELOW 00 N [�\ __ L/) 8 [� ^f ` K �� ~ _[_ ** HATCHED AREA NOT PART OF THIS PLAT ** � � �m ^ ^^ 7.G'/ 1.5' FA C.E. ELEVATOR OR ^,^~.. AND STAIRWELL M.4 11.3 40.2' Q' �. ' \ui m�o ` L_ -- ' 72' ' ----��-- _jL_-- UNIT 11 PIIJ Ll.E PATIO L: NQZE5L 1. ALL DIMENSIONS TO BUILDING WALLS ARE TO THE INTERIOR FACE OF FINISHED WALLS 2. EXTERIOR WALLS ARE 0.7` THICK UNLESS OTHERWISE SHOWN 3. C.E. = COMMON ELEMENT 4. L.C.E. = LIMITED COMMON ELEMENT T0 THE UNIT ASSIGNED 5. F.F. = FINISHED FLOOR G. INDICATES HEIGHT OF CEILING 7. --------- INDICATES CEILING BREAK UNIT 0 PU DRAWN BY: `F DATE, 01 /03/12 SHEET 3 of 4 m ^ °^-u * w OJ*w** � � 814 0,81 04 1413 Al 00 J UNIT 7 PlI 4.0' LEVEL 7 AND LOFT- SECTION DETAIL LEVEL 7 LEVEL 6 F- 8146.7 LEVEL 5 LEVEL 4 SECTION DETAIL DECK L.C.E. LEVEL 8 (LOFT) UN}T 7 Pit DECK L.C.E. LEVEL 7 UN|T 5 Pit DECK L.C.E. LEVEL 6 UN|T 3 Pit DECK L.C.E. OL LEVEL 5 UN|T 1 Pit DECK L.C.E. LEVEL 4 LOFT F 6 OPEN TO UNIT 7 Pit 8,0, L.C.E, PATIO NOTES: 1. ALL DIMENSIONS TO BUILDING WALLS ARE TO THE INTERIOR FACE OF FINISHED WALLS 2. EXTERIOR WALLS ARE 0.7` THICK UNLESS OTHERWISE SHOWN 3. C.E. = C0WN0N ELEMENT 4. L.C.E. = LIMITED COMMON ELEMENT TO THE UNIT ASSIGNED 5. F.F. = FINISHED FLOUR DATE: 01/03/12 SHEET 4 of 4 Eagle County, CO 201225288 Teak J Simonton 12/17/2012 Pgs: 7 09:54:35 AM REC: $41.00 DOC: $0.00 ENCROACHMENT LICENSE AGREEMENT This Encroachment License Agreement ( "Agreement ") is entered into this 1 day of Dtew , 2012, by and between the EAGLE RIVER WATER AND SANITATION DISTRICT, a political subdivision of the State of Colorado ( "Licensor ") and FRITZ OLTHOF ( "Licensee" and, together with Licensor, the "Parties "). WHEREAS, Licensor is the owner of a drainage and utility easement recorded in the public records of the Eagle County, Colorado, Clerk and Recorder's Office, at Reception No. 937652, and described on Exhibit A attached hereto (collectively, the "Easement "); and WHEREAS, Licensee is the fee owner of real property encumbered by the Easement (the "Property") which is located at 660 W. LIONSHEAD PLACE, VAIL, CO 81657, EAGLE COUNTY (also known as: LION SQUARE LODGE); and WHEREAS, Licensee proposes to encroach upon Licensor's Easement for the benefit of Licensee's Property by locating LANDSCAPING, PATIO, WALL AND STAIR improvements thereon, the area, nature and purpose of the encroachment ( "Encroachment ") being more fully described on Exhibit B attached hereto (the area of the Encroachment being referred to as the "Encroachment Area "); and WHEREAS, Licensor generally prohibits encroachments into Licensor's easements, but recognizes extenuating circumstances occasionally make such an encroachment appropriate; and WHEREAS, Licensor has, in this case, determined to consent to the Encroachment upon the terms and conditions contained herein; NOW, THEREFORE, in consideration of the terms and conditions hereinafter set forth, the Parties agree as follows: 1. Consent to Encroachment. Licensor hereby consents to the Encroachment as fully described on Exhibit B. Any and all rights granted to Licensee under this Agreement shall be exercised at Licensee's sole cost, risk and expense, and shall be subject to the dominant and continuing right of Licensor to use any and all of the Encroachment Area for Licensor's purposes; and shall further be subject to all prior deeds, easements, dedications, conditions, franchises, covenants, restrictions, encroachments and claims of title of record that may affect the Encroachment Area. Nothing contained in this Agreement shall be deemed to grant, convey, create or vest in Licensee any real property interest in the land; including, but not limited to, any fee, leasehold interest, easement, servitude or irrevocable license. 100 1703 96.DOC /} Please return recorded document to: ERWSD Attn: Becky Peterson 846 Forest Road Vail, CO 81657 2. Use of Encroachment Area. Licensee agrees that it will utilize the Encroachment Area solely for the Encroachment purposes described on Exhibit B, and for no other purpose. 3. No Interference. All costs associated with modification, removal or damage to Licensee's Encroachment by the Licensor related to Licensor's use of the Easement (and all incremental costs initially incurred by Licensor in attempting to avoid the modification, removal or damage to Licensee's Encroachment) shall be solely the responsibility of Licensee. Licensee, in the performance and exercise of its rights under this Agreement, shall not damage or interfere in any way with the use, operation, maintenance, repair, or replacement of any facility that is owned, operated and maintained by Licensor or its assignees within the Easement. Should Licensee's Encroachment cause Licensor's use of the Easement and related facilities to be more costly, or to be interfered with or damaged, Licensee shall, within thirty (30) days of billing, pay all costs and expenses associated with Licensor's more costly use or with Licensor's repair of any damage to Licensor's facilities or removal of any interference. Under any and all circumstances, all work that is necessary to repair any damage to or remove any interference with the Licensor's facilities shall be at Licensee's sole cost and expense. Licensor, in emergency situations, may, at Licensee's sole cost and expense, repair any and all damage to and remove any and all interference with the Licensor's facilities without prior notice to Licensee. In using its Easement, Licensor agrees to make a reasonable effort to avoid damage to Licensee's Encroachment, but Licensor shall not be liable for any damage to the Encroachment. In the event Licensor incurs additional costs as a result of any efforts to avoid damage to Licensee's Encroachment, Licensee shall within thirty (30) days of billing, pay all costs and expenses associated with such efforts. 4. Compliance with Laws. Licensee shall comply with all federal, state and local laws in the exercise and performance of its rights and obligations under this Encroachment Agreement. 5. Encroachment Policy. This Encroachment Agreement is subject to the reasonable terms and conditions of any encroachment policy as it may now exist or may subsequently be amended by the Licensor at its sole discretion and without notice. 6. Indemnification and Waiver. To the extent authorized by law Licensee hereby agrees to indemnify, defend, protect and hold harmless Licensor, its officers and employees, from and against any and all claims, damages, losses, liabilities, fines, penalties, of whatsoever kind or nature, including, but not limited to reasonable attorneys' fees that are incurred by Licensor and that arise in connection with Licensee's activities that are undertaken, authorized or obligated pursuant to this Agreement. Such liability shall specifically, without limitation, extend to claims of third parties arising from the presence of the Licensee's Encroachment 100 1703 96.DOC /} 2 201225288 7. Limitation on Licensor's Liability. Licensor shall have no liability to Licensee or third persons related to Licensee's Encroachment, including, but not limited to, damages to the Licensee's improvements resulting from Licensor's dominant use of the Encroachment Area or from the repair of Licensor facilities or the installation of any additional facilities in the future within the Easement. 8. Termination. Licensor may terminate this Agreement at any time, without notice, by recording in the Eagle County, Colorado, Clerk and Recorder's Office a notice of termination of Encroachment License Agreement if Licensor determines that the Licensee's improvements interfere with Licensor's current or prospective use of the Easement. Licensor shall endeavor, but not be obligated, to provide Licensee with thirty (30) days' notice of its intent to terminate the Agreement. 9. Successors and Assigns. The rights and obligations of this Agreement shall be appurtenant to and deemed to run with the Property, or until such earlier time as the Licensor terminates this Agreement or abandons the Easement. This Agreement shall be recorded against the Property in accordance with the laws of the State of Colorado. 10. Integrated Agreement. This Agreement contains the entire understanding between the Parties hereto with respect to the subject matter hereof. There are no representations, agreements or understandings (whether oral or written) between or among the Parties relating to the subject matter of this Agreement which are not fully expressed herein. IN WITNESS WHEREOF, and in order to bind themselves legally to the terms and conditions of this Agreement, duly authorized representatives of the Parties have executed this Agreement as of the date first set forth above. (00 1 70396.DOC /) 201225288 LICENSOR By: Li Brooks, rieneral Manager of E le River Water and Sanitation District LICENSEE By: A Name: f_R /c ,+< A DL7 yo T Title: p e 3 ACKNOWLEDGEMENT �pasa•)A STATE OF C ) ss. COUNTY OF k60— ) The foregoing instrument was acknowledged before me this 5;k day of 2012, by 65-NW o4 fmte, as Rsc-w of LICENSEE. Witness my hand and official seal. My commission expires: J xol John Van Proyen Notary Public Seal State of Indiana Porter County My Commisslpn Expires June 13, 2018 {00170396.DOC /} 201225288 rd ael-p- Notary Publi m\L[O 9_ALL\ _\Esmn_biam __\VR -PROPER T TR ACT. -C— *4/5/2005 3:00:2A m Joc, k 7 / \. ƒ z U) } li � >> �q m r ! $� \0 a q 4 C � 0 \ 0 \ \ T­ Z z E \0 \> g § z . \ _ z z ® lewd 2 G . \. R P� g 7 0 � / e � 4p \�§ § / §�§ � §$ §� m � k \§ k � \ §� � §o ; o � ■�G 201225288 > f 7�. 7 � \. ƒ z U) } li � >> �q m r ! $� \0 4 C 2 §� z \ 0 \ \ � cn C., $ � � \ 2\ � \ \§ >`e© eEZ- gz\ 123 � aE al � ( N n� B 1 da d 3 sN !a &«n 0 10,481 / � z \4 \� \ r m 1 x m P__4 03 � � § � � � \ � { \ F." $ $ � � m 0 kb, �CO \ 2 /� > oq 2� Ln on z ?� � \ \ 201225288 20 x o LION SQUARE LODGE SOUTH d ............... F NA , JFAP F-.Wr , 'I "W07A li�A 1 2'r"pl , j r/,j m ' —!nKN. 0 RAB b DESIGNED BY: RAB ENCROACHMENT EXHIBIT ° REVIEWED: RAB LION SQUARE LODGE PLC JOB #: 66 660 W. LIONSHEAD PLACE VAIL, COLORADO� SCALE: 1" = 20' DATE: 10/3/2012 al l it, iI 'iI� •• �? ! o' LION LODGE s•.:. I':.�: - • oil. .All �:o .;� 7 cif® j / 0�} / %fir r / r �; +� t1�� %: I I I x o LION SQUARE LODGE SOUTH d ............... F NA , JFAP F-.Wr , 'I "W07A li�A 1 2'r"pl , j r/,j m ' —!nKN. 0 RAB b DESIGNED BY: RAB ENCROACHMENT EXHIBIT ° REVIEWED: RAB LION SQUARE LODGE PLC JOB #: 66 660 W. LIONSHEAD PLACE VAIL, COLORADO� SCALE: 1" = 20' DATE: 10/3/2012 Eagle County, CO 201225289 Teak J Simonton 12/17/2012 Pgs: 7 09:54:35 AM REC: $41.00 DOC: $0.00 ENCROACHMENT LICENSE AGREEMENT This Encroachment License Agreement ( "Agreement ") is entered into this (< day ofbt,0evv6a, 2012, by and between the EAGLE RIVER WATER AND SANITATION DISTRICT, a political subdivision of the State of Colorado ( "Licensor ") and FRITZ OLTHOF ( "Licensee" and, together with Licensor, the "Parties "). WHEREAS, Licensor is the owner of a drainage and utility easement recorded in the public records of the Eagle County, Colorado, Clerk and Recorder's Office, at Reception No. 937652, and described on Exhibit A attached hereto (collectively, the "Easement "); and WHEREAS, Licensee is the fee owner of real property encumbered by the Easement (the "Property") which is located at 660 W. LIONSHEAD PLACE, VAIL, CO 81657, EAGLE COUNTY (also known as: LION SQUARE LODGE); and WHEREAS, Licensee proposes to encroach upon Licensor's Easement for the benefit of Licensee's Property by locating LANDSCAPING & STORM SEWER improvements thereon, the area, nature and purpose of the encroachment ( "Encroachment ") being more fully described on Exhibit B attached hereto (the area of the Encroachment being referred to as the "Encroachment Area "); and WHEREAS, Licensor generally prohibits encroachments into Licensor's easements, but recognizes extenuating circumstances occasionally make such an encroachment appropriate; and WHEREAS, Licensor has, in this case, determined to consent to the Encroachment upon the terms and conditions contained herein; NOW, THEREFORE, in consideration of the terms and conditions hereinafter set forth, the Parties agree as follows: 1. Consent to Encroachment. Licensor hereby consents to the Encroachment as fully described on Exhibit B. Any and all rights granted to Licensee under this Agreement shall be exercised at Licensee's sole cost, risk and expense, and shall be subject to the dominant and continuing right of Licensor to use any and all of the Encroachment Area for Licensor's purposes; and shall further be subject to all prior deeds, easements, dedications, conditions, franchises, covenants, restrictions, encroachments and claims of title of record that may affect the Encroachment Area. Nothing contained in this Agreement shall be deemed to grant, convey, create or vest in Licensee any real property interest in the land; including, but not limited to, any fee, leasehold interest, easement, servitude or irrevocable license. (00170396.DOC /} Please return recorded document to: ERWSD Attn: Becky Peterson 846 Forest Road Vail, CO 81657 2. Use of Encroachment Area. Licensee agrees that it will utilize the Encroachment Area solely for the Encroachment purposes described on Exhibit B, and for no other purpose. 3. No Interference. All costs associated with modification, removal or damage to Licensee's Encroachment by the Licensor related to Licensor's use of the Easement (and all incremental costs initially incurred by Licensor in attempting to avoid the modification, removal or damage to Licensee's Encroachment) shall be solely the responsibility of Licensee. Licensee, in the performance and exercise of its rights under this Agreement, shall not damage or interfere in any way with the use, operation, maintenance, repair, or replacement of any facility that is owned, operated and maintained by Licensor or its assignees within the Easement. Should Licensee's Encroachment cause Licensor's use of the Easement and related facilities to be more costly, or to be interfered with or damaged, Licensee shall, within thirty (30) days of billing, pay all costs and expenses associated with Licensor's more costly use or with Licensor's repair of any damage to Licensor's facilities or removal of any interference. Under any and all circumstances, all work that is necessary to repair any damage to or remove any interference with the Licensor's facilities shall be at Licensee's sole cost and expense. Licensor, in emergency situations, may, at Licensee's sole cost and expense, repair any and all damage to and remove any and all interference with the Licensor's facilities without prior notice to Licensee. In using its Easement, Licensor agrees to make a reasonable effort to avoid damage to Licensee's Encroachment, but Licensor shall not be liable for any damage to the Encroachment. In the event Licensor incurs additional costs as a result of any efforts to avoid damage to Licensee's Encroachment, Licensee shall within thirty (30) days of billing, pay all costs and expenses associated with such efforts. 4. Compliance with Laws. Licensee shall comply with all federal, state and local laws in the exercise and performance of its rights and obligations under this Encroachment Agreement. 5. Encroachment Policy. This Encroachment Agreement is subject to the reasonable terms and conditions of any encroachment policy as it may now exist or may subsequently be amended by the Licensor at its sole discretion and without notice. 6. Indemnification and Waiver. To the extent authorized by law Licensee hereby agrees to indemnify, defend, protect and hold harmless Licensor, its officers and employees, from and against any and all claims, damages, losses, liabilities, fines, penalties, of whatsoever kind or nature, including, but not limited to reasonable attorneys' fees that are incurred by Licensor and that arise in connection with Licensee's activities that are undertaken, authorized or obligated pursuant to this Agreement. Such liability shall specifically, without limitation, extend to claims of third parties arising from the presence of the Licensee's Encroachment 100170396.DOC /) 2 201225289 7. Limitation on Licensor's Liability. Licensor shall have no liability to Licensee or third persons related to Licensee's Encroachment, including, but not limited to, damages to the Licensee's improvements resulting from Licensor's dominant use of the Encroachment Area or from the repair of Licensor facilities or the installation of any additional facilities in the future within the Easement. 8. Termination. Licensor may terminate this Agreement at any time, without notice, by recording in the Eagle County, Colorado, Clerk and Recorder's Office a notice of termination of Encroachment License Agreement if Licensor determines that the Licensee's improvements interfere with Licensor's current or prospective use of the Easement. Licensor shall endeavor, but not be obligated, to provide Licensee with thirty (30) days' notice of its intent to terminate the Agreement. 9. Successors and Assigns. The rights and obligations of this Agreement shall be appurtenant to and deemed to run with the Property, or until such earlier time as the Licensor terminates this Agreement or abandons the Easement. This Agreement shall be recorded against the Property in accordance with the laws of the State of Colorado. 10. Integrated ted Agreement. This Agreement contains the entire understanding between the Parties hereto with respect to the subject matter hereof. There are no representations, agreements or understandings (whether oral or written) between or among the Parties relating to the subject matter of this Agreement which are not fully expressed herein. IN WITNESS WHEREOF, and in order to bind themselves legally to the terms and conditions of this Agreement, duly authorized representatives of the Parties have executed this Agreement as of the date first set forth above. {00170396.DOC /} 201225289 LICENSOR By. o Li Broo ra Manager of Ea e River Water and Sanitation District LICENSEE By: Name: A Title: pR F� K ACKNOWLEDGEMENT tG4%P,V, STATE OF C-0 ) ss. COUNTY OF The foregoing instrument was acknowledged before me this STM day of , 2012, by fwe3 as Aar of LICENSEE. Witness my hand and official seal. My commission expires: 04v- y3,UX John Van Proyen Notary Public Seal State of Indiana Porter County My Commission Expires June 13, 2019 100170396.DOC /) 201225289 Notary Publi P: \LIOASHEAD\ OVERALL \owq \Esml- Ewhibils \Voil Resor is \VR- PROPERTY -TRACT B -C - D.owq, A/5/2005 3:00:2A PN, Jooy O z z� m D o0 •ss. 1 a M z v r D. 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"INA F�A", " V4e2d'oj I M, --" WrA204H m 0 DRAWN: RAB DESIGNED BY: RAB ENCROACHMENT EXHIBIT a REVIEWED: RAB LION SQUARE LODGE PLC JOB #: 66 Pm��Tm•W- SCALE: 1 ° = 20= DATE: 10/3/2012 660 W. LIONSHEAD PLACE VAIL, COLORADO -�. RM All 1. LION SQUARE LODGE •_• .: rr ox •��, ;'• _ Air Rol • • .I' • AAA ..e/ �"' WA • i j � � I i �i� rA / o LION SQUARE LODGE SOUTH �i ............. "INA F�A", " V4e2d'oj I M, --" WrA204H m 0 DRAWN: RAB DESIGNED BY: RAB ENCROACHMENT EXHIBIT a REVIEWED: RAB LION SQUARE LODGE PLC JOB #: 66 Pm��Tm•W- SCALE: 1 ° = 20= DATE: 10/3/2012 660 W. LIONSHEAD PLACE VAIL, COLORADO -�.