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HomeMy WebLinkAboutPEC140043 Project Name:PEC Conditional Use Permit PEC Number: PEC140043 Project Description: Conditional Use Permit to allow for a buisness office on the 2nd floor. Participants: OWNER LAZIER LIONSHEAD LLC 12/03/2014 386 HANSON RANCH RD VAIL, CO 81657 APPLICANT LAZIER LIONSHEAD LLC 12/03/2014 386 HANSON RANCH RD VAIL, CO 81657 Project Address:500 E LIONSHEAD CIR VAIL Location: Lions Pride Building, 2nd Floor Legal Description:Lot: 1 Block: 1 Subdivision: VAIL LIONSHEAD FIL 1 Parcel Number:2101-063-0800-2 Comments:See Conditions BOARD/STAFF ACTION Motion By:Kurz Action: APPROVED Second By:Rediker Vote:7-0-0 Date of Approval: 12/22/2014 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0014048 The applicant shall not use the office space for purpose of real estate transactions at anytime. Cond: CON0014049 Business operations within the office space shall be for the exclusive purpose of displaying goods and materials related to the redevelopment of the site (Lot 1, Block 1, Vail Lionshead Filing 1). Cond: CON0014050 Approval of the Conditional Use Permit shall expire after two years from the date of appoval, or when the Lion's Pride Building located at 500 East Lionshead Circle (Lot 1, Block 1, Vail Lionshead Filing 1) is demolished, which ever takes place first. Planner:Joe Batcheller PEC Fee Paid: $650.00 Department of Community Development 75 South Frontage Road TOWN OF VAIL Vail, CO 81657 Tel: 970 -479 -2128 www.vailgov.com Development Review Coordinator Conditional Use Permit Application for review by the Planning and Environmental Commission General Information: A conditional use permit is required for any use classified as "conditional" in any of the Town's zone districts. Uses listed as conditional uses are subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to other uses or properties. The pro- posed project may also require other permits or applications and /or review by the Design Review Board and /or Town Council. All PEC approvals shall lapse if construction is not commenced within two years of the date of approval and diligently pursued to completion, or if the use for which the approval is granted is not commenced within two years. Fee: $650 Description of the Request: Physical Address: Qd E,-r,+ LibcE,_ v Parcel Number: c2 If) I D 3Mnoa. (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Property Owner: Mailing Address: M Owner's Signature: Primary Contact/ Mailing Address: ■ i A_ E-Mail: i k ■ i For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Exp. Date: Auth # Check # Fee Paid: 10 So — Received From: _L 7�� 7,/n l 1; LLr- Meeting Date: Q�aM14 PEC No.: ���('� ►�-kj O y 3 Planner: Project No:- ey-,-51y -QpSq Zoning: Land Use: Location of the Proposal: Lot:_ I Block: k Subdivision: Vf ., I Nov 2013 Addendum I. Narrative. The application for a conditional use is for a Business Office to be located on the second floor of the Lions Pride Building located at 500 East Lionshead Circle. (Attached is a letter from the Community Development Department making a determination that the space is located on the second floor of the building.) II. Modification to the space upon approval of the Conditional Use Application. A. The existing entry door (see attached photograph) will be re- located to the west to the third windowpane and the existing entry door replaced with a matching windowpane. B. The existing bay windows on the east side (see photograph) will be retained and artwork or merchandise from a nearby business will be placed in the bay windows. III. Current Use. The space is currently vacant and has been for some time. The prior use for the past several years has been for a spa operation offering massages. The business has had at least two separate owners and has never been successful and offered little in the way of improving business for the surrounding businesses. IV. Future Use. Upon approval of the Conditional Use Permit the Business Office will be a showroom for a proposed new building to be located on the site of the existing building and parking structure. It will allow the residents of and visitors to Vail a chance to look at schematics of a possible new project in Lionshead. Much like the showroom of Vail's New Dawn, the idea is to create enthusiasm for the continued upgrade of Vail/Lionshead. The Vail's New Dawn showroom was wildly successful and led to the re- creation of Lionshead. We intend to build on that success with a new project that replaces an aging (and, yes, ugly) building and 40+ year old open parking structure that is in need of replacement. V. Compatibility with other properties. The use is compatible with all other second floor uses and will draw visitors to the other businesses located on that floor. VI. Development objectives of the Town. The continuing objective of the Town under the Lionshead Master Plan is to create incentives for the redevelopment of aging facilities which will meet the demands of future visitors. The showroom will enhance the opportunity for the redevelopment of the site. VII. The effect on traffic. There is no effect on traffic and pedestrian access is off of Lionshead Mall. All parking on the surface and in the structure adjacent to the proposed use is controlled and visitors to the showroom will be parking in the Lionshead structure as they do today for all businesses in the area. TOWN OF VAIL, COLORADO Statement Statement Number: R140002054 Amount: $650.00 12/05/201412:24 PM Payment Method: Check Init: SAB Notation: 1142- Lazier Tivoli ----------------------------------------------------------------------------- Permit No: PEC140043 Type: PEC - Conditional Use Parcel No: 2101 - 063 - 0800 -2 Site Address: 500 E LIONSHEAD CIR VAIL Location: Lions Pride Building, 2nd Floor Total Fees: $650.00 This Payment: $650.00 Total ALL Pmts: $650.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- ------------------------ - - - - -- ------ - - - - -- PV 00100003112500 PEC APPLICATION FEES 650.00 VIII. Effect on the character of the area. There is no change of scale or size of the existing space and the proposed use will allow people to see and comment on another upgrade to Vail/Lionshead. IX. Title report is attached. X. What the proposal is not. This will not be a real estate office and no sales will occur in the space. The timeframe for the conditional use will be for two years or the demolition of the building, whichever occurs first. The approval requested is for a business office /showroom to highlight the redevelopment possibilities for the site. We are not requesting any approval to the carried over to the new building. XI. Other submittal requirements are not relevant to this submittal. 2 TOWNOFL7M 75 South Frontage Road Vai4 Colorado 81657 www. vailgoa com December 3, 2014 Lazier Lionshead, LLC Go Bob Lazier P.O. Box 1325 Vail, CO 81658 Re: 500 E. Lionshead Circle, Determination of Floor Level Dear Bob, Department of Community Development 970.479.2138 fY. 970.479.2452 After careful analysis, the Community Development Department offers the following concerning the commercial space in the Lion's Pride building located adjacent to the landing, at the top of the pedestrian staircase: • If the front entrance to the commercial space were relocated further to the west, away from the platted pedestrian easement, this space will be determined to be second floor for the purposes of zoning. This determination is based upon our review of the Zoning Regulations of the Town of Vail. • With a determination of second floor, you may apply for a Conditional Use Permit for a "Business Office', a Conditional Use in the Lionshead Mixed Use 1 District (LMU -1) Should you have any questions please do not hesitate to contact me at 970 -479 -2145. Sincerely, George Ruther, AICP Director Community Development Department Town of Vail Cc: File Adjacent Property Owners (see attached map) 1. Lifthouse Lodge Condominium Association 555 West Lionshead Circle Vail, CO 81657 2. Lionshead Arcade Condominium Association C/o Kit Williams P.O. Box 9 Vail, CO 81658 3. Vail 21 Condominium Association 610 West Lionshead Circle Vail, CO 81657 4. Vantage Point Condominium Association 508 East Lionshead Circle Vail, CO 81657 5. Arrabelle Condominium Association 675 West Lionshead Circle Vail, CO 81657 6. Town of Vail (Tract 6) (if you don't know the address, I can't help you) 7. Vail 21 Parking Garage No. 1, LLC 610 West Lionshead Circle Suite 100 Vail, CO 81657 8. Vail 21 Parking Garage No. 2, LLC c/o Margaret Rosenquist 6700 East Stone Canyon Drive Tucson, AZ 85750 9. Westwind Condominium Association 610 West Lionshead Circle Vail, CO 81657 Exhibit A Continued Parcel Map (Page 3 of 3) ! TDD r }y z_my U O N = w 0Zy0 �C>j4 °v r 1 ! N N N o mr z O �— — W NT uo . \ C7 A \1 O�ZfI� O � Z > >7m m NCti �z?e Af�C "L 1 ! mr NN, N P +, O + 0 J r I x 7� �I m t9 I J I mO r n F N \ \ KP r ■ AM 4 L-n µ t If r3l 1 x SY 4 KP r ■ AM L-n µ t If r3l 1 x SY 4 1 ' r 1 KP r ■ AM i 1 x i OOPI . . . . . . . . . ....... po �( ,+ ,.. ;:, ,, L�j. _�;N�. -i. , -• , Form AL /CHI LTG Policy No. CTEJ50019311 Land Title Guarantee Company Chicago Policy No. 72107- 16041AMndng Chicago Title Insurance Company Our Order No. VTF50019311 Schedule A Amount $12,000,000.00 Property Address: LIONSPRIDE BUILDING & PARKING STRUCTURE, LOT 1, BLOCK 1, VAIL LIONSHEAD 1, LIONS ARCADE BUILDING UNITS 101, 102, 103, 104, 207, & 208, LIFTHOUSE LODGE BUILDING UNITS Cl -C7, INCLUSIVE. VAIL CO 81657 1. Policy Date: 2. Name of Insured: MIDFIRST BANK July 03, 2007 at 5:00 P.M. 3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A Fee Simple 4. Title to the estate or interest covered by this policy at the date hereof is vested in: LAZIER LIONSHEAD, LLC, A WYOMING CLOSE LIMITED LIABILITY COMPANY 5. The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any are described as follows: DEED OF TRUST DATED JUNE 28, 2007 FROM LAZIER LIONSHEAD, LLC, A WYOMING CLOSE LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF MIDFIRST BANK TO SECURE THE SUM OF $12,000,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED JULY 03, 2007, UNDER RECEPTION NO. 200717700. 6. The Land referred to in this policy is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION This Policy Valid only if Schedule B is attached. Copyright 2006 -2014 American Land Tide Association. All rights reserved. AMERICA The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. LAND TITLE ASSOCIATION All other uses are prohibited. Reprinted under license from the American Land Tide Association. TM Our Order No. VTF50019311 LEGAL DESCRIPTION PARCEL 1 LTG Policy No. CTEJ50019311 CONDOMINIUM UNITS 101, 102, 103, 104, 207 AND 208, LIONSHEAD ARCADE CONDOMINIUM BUILDING, ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED MARCH 30, 1972 IN BOOK 223 AT PAGE 602 AND AS DEFINED IN AMENDED AND RESTATED CONDOMINIUM DECLARATION FOR LIONSHEAD ARCADE RECORDED NOVEMBER 6, 2006 AT RECEPTION NO. 200630394, COUNTY OF EAGLE, STATE OF COLORADO, TOGETHER WITH GRANT OF EASEMENT RECORDED NOVEMBER 21, 2005 UNDER RECEPTION NO. 937609. PARCEL2 THOSE PARTS OF LOTS 1, 2 AND 3, BLOCK 1, VAIL / LIONSHEAD, FIRST FILING ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE, ALONG THE WESTERLY LINE OF SAID LOT 1, NORTH 4 DEGREES 35 MINUTES 58 SECONDS WEST 40.00 FEET; THENCE, DEPARTING SAID WESTERLY LINE, NORTH 85 DEGREES 24 MINUTES 02 SECONDS EAST 188 FEET; THENCE SOUTH 04 DEGREES 35 MINUTES 58 SECONDS EAST 90.00 FEET; THENCE SOUTH 85 DEGREES 24 MINUTES 02 SECONDS WEST 8.23 FEET; THENCE SOUTH 04 DEGREES 35 MINUTES 58 SECONDS EAST 56 FEET; THENCE SOUTH 85 DEGREES 24 MINUTES 02 SECONDS WEST 179.77 FEET; THENCE NORTH 4 DEGREES 35 MINUTES 58 SECONDS WEST 106 FEET, TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. TOGETHER WITH THE BENEFICIAL INTEREST IN THAT CERTAIN EASEMENT AGREEMENT RECORDED JUNE 8, 1973 IN BOOK 229 AT PAGE 481. NOTE: THE FINAL POLICY DOES NOT IN ANY WAY GUARANTEE OR INSURE THE DIMENSIONS OF THE ABOVE DESCRIBED LAND, THE LEGAL DESCRIPTION IS DERIVED FROM THE CHAIN OF TITLE AND ONLY AN ACCURATE SURVEY CAN DETERMINE THE DIMENSIONS.. PARCEL 3 COMMERCIAL CONDOMINIUM UNITS C -1, C -2, C -3, C -4, C -5, C -6 AND C -7, THE LIFT HOUSE, ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED JUNE 20, 1973 IN BOOK 229 AT PAGE 660 AND FIRST AMENDMENT TO THE CONDOMINIUM MAP FOR THE LIFT HOUSE - A CONDOMINIUM RECORDED JUNE 30, 1993, IN BOOK 612 AT PAGE 682, AND AS DEFINED IN THE CONDOMINIUM DECLARATION RECORDED JUNE 20, 1973 IN BOOK 229 AT PAGE 659, AND AMENDMENT THERETO RECORDED JUNE 30, 1993 IN BOOK 612 AT PAGE 683, COUNTY OF EAGLE, STATE OF COLORADO. TOGETHER WITH THE BENEFICIAL INTEREST IN THAT CERTAIN GRANT OF EASEMENT RECORDED NOVEMBER 21, 2005 UNDER RECEPTION NO. 937618. Form Chicago Policy No. 72107 - 10001445 Our Order No. VTF50019311 Schedule B - I LTG Policy No. CTEJ50019311 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: General Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. TAXES AND ASSESSMENTS FOR THE YEAR 2007 AND SUBSEQUENT YEARS, NOT YET DUE OR PAYABLE. THE ABOVE ITEM AFFECTS ALL PARCELS 6. EXISTING LEASES AND TENANCIES, IF ANY. 7. 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. 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. 9. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, 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. 10. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 6, 2006 UNDER RECEPTION NO. Form AL /CHI Chicago Policy No. 72107 - 10001445 Our Order No. VTF50019311 Schedule B - I 200630394. LTG Policy No. CTEJ50019311 11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL /LIONSHEAD, FIRST FILING RECORDED MAY 10, 1970 UNDER RECEPTION NO. 113260. 12. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE RECORDED CONDOMINIUM MAP OF LIONSHEAD ARCADE CONDOMINIUM BUILDING RECORDED MARCH 30, 1972 IN BOOK 223 AT PAGE 602. 13. TERMS, CONDITIONS AND PROVISIONS OF LIONSHEAD ARCADE CONDOMINIUM ASSOCIATION PERPETUAL EASEMENT RECORDED JULY 07, 1993 IN BOOK 613 AT PAGE 211. 14. TERMS, CONDITIONS AND PROVISIONS OF LIONSHEAD ARCADE CONDOMINIUM ASSOCIATION PERPETUAL EASEMENT RECORDED JULY 07, 1993 IN BOOK 613 AT PAGE 212. 15. TERMS, CONDITIONS AND PROVISIONS OF LIONSHEAD ARCADE CONDOMINIUM ASSOCIATION PERPETUAL EASEMENT RECORDED JULY 07, 1993 IN BOOK 613 AT PAGE 213. 16. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937610. 17. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937611. (THE ABOVE ITEMS AFFECT PARCEL 1) 18. EXISTING LEASES AND TENANCIES, IF ANY. 19. 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. Form AL /CHI Chicago Policy No. 72107 - 10001445 Our Order No. VTF50019311 Schedule B - I LTG Policy No. CTEJ50019311 20. 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. 21. 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. 22. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL /LIONSHEAD FIRST FILING RECORDED MAY 10, 1970 URN 113260. THE ABOVE ITEM AFFECTS PARCEL 2. 23. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENTS RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937609. (THE ABOVE ITEM AFFECTS PARCEL 1.) 24. TERMS, CONDITIONS AND PROVISIONS OF PEDESTRIAN EASEMENT RECORDED MAY 03, 1995 IN BOOK 666 AT PAGE 535. 25. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENTS RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937618. 26. EXISTING LEASES AND TENANCIES, IF ANY. 27. 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. Form AL /CHI Chicago Policy No. 72107 - 10001445 Our Order No. VTF50019311 Schedule B - I LTG Policy No. CTEJ50019311 28. 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. 29. 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. 30. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL /LIONSHEAD FIRST FILING RECORDED MAY 10, 1970 UNDER RECEPTION NO. 113260. 31. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED JUNE 08, 1973 IN BOOK 229 AT PAGE 481. THE ABOVE ITEM AFFECTS PARCEL 2. 32. 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 JUNE 20, 1973, IN BOOK 229 AT PAGE 659, AND SUPPLEMENT TO THE CONDOMINIUM DECLARATION RECORDED JUNE 30, 1993, IN BOOK 612 AT PAGE 683. 33. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED FEBRUARY 21, 1984 IN BOOK 378 AT PAGE 911. 34. TERMS, CONDITIONS AND PROVISIONS OF PEDESTRIAN EASEMENT AGREEMENT RECORDED MAY 03, 1995 IN BOOK 666 AT PAGE 535. LTG Policy No. CTEJ50019311 Form AL /CHI Chicago Policy No. 72107- 10001445 Our Order No. VTF50019311 Schedule B - I 35. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED OCTOBER 17, 2002 AT RECEPTION NO. 810669. 36. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT (SANITARY SEWER) RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937618. 37. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT (DRAINAGE) RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937619. 38. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT (SURFACE IMPROVEMENTS) RECORDED NOVEMBER 21, 2005 AT RECEPTION NO. 937620. 39. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF THE LIFT HOUSE RECORDED JUNE 20, 1973 IN BOOK 229 AT PAGE 660, AND AS AMENDED JUNE 30, 1993 IN BOOK 612 AT PAGE 682. (ITEMS 29 THROUGH 33, ABOVE, AND 35 THROUGH 42, ABOVE, AFFECT PARCEL 3) ITEMS 1 THROUGH 4 OF SCHEDULE B -I ARE HEREBY DELETED.