HomeMy WebLinkAbout2007-16 Adopting an Amendment to the Protective Covenants of Vail/Lionshead, Second Filing, Deleting all references to an "Architectural Control Committee"EAGLE COUNTY, CO X0072241 ~TEAK J SIMONTON
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RESOLUTION NO. 16
Series of 2007
A RESOLUTION ADOPTING AN AMENDNMENT TO THE PROTECTIVE
Y
COVENANTS OF VAIL/LIONSHEAD, SECOND FILING; DELETING ALL
REFERENCES TO AN "ARCHITECTURAL CONTROL COMMITTEE;" AND SETTING
FOR DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws ol'the Stage of Colorado and the Town Charter (the "Charter''); and
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
WHEREAS, on October 15, 1971, Vail Associates, Inc. ("VAI"), recorded the
Protective Covenants of Vail/Lionshead, Second Filing, Eagle County, Colorado," at
book 221, Page 989, of the real property records of Eagle County, Colorado (the
Protective Covenants"); and
WHEREAS, pursuant to Section 1 of the Protective Covenants, VAI was to
establish an "Architectural Control Committee" to perform certain functions with regard
to any proposed improvements within the area described in the plat of VaiULionshead
Second Filing; and
WHEREAS, it appears that no such Architectural Control Committee was formed,
and if was formed, it has not been in existence for over thirty (30) years; and
WHEREAS, the Council believes that, because the Town of has its own
development review process and zoning regulations which appropriately control and
regulate development within the Town, it is in the public interest to amend obsolete
covenants that cannot possibly be complied with; and
WHEREAS, pursuant to Section 18 of the Protective Covenants, the Protective
Covenants may be amended by and with the written consent of the owners of 66 2/3%
of the land within the boundaries of Vail/Lionshead, Second filing. The Town owns
74.38% of the land included within the boundaries of Vail/Lionshead Second filing, and
desires to amend the Protective Covenants.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO:
i
Section 1. The Amendment to Protective Covenants of Vail/Lionshead, Second
Filing, regarding the elimination of any and all references to an Architectural Control
Committee, is hereby approved by the Town.
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Resolution No. 16, Series 2007 r~, `IC ~ j;~ eX~ ~ G~f'(V i ~ l /
Section 2. The Town Council hereby finds, determines and declares that this
Resolution is necessary and proper for the health, safety and welfare of the Town of
Vail and the inhabitants thereof.
Section 3. This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED This 7th day of August, 2007.
c
Rodney E. Slifer
Mayor, Town of Vail
AT~TE~'r':
i~ 1 % ;l f,
iLprele~ Donaldson
Town Clerk s~i~ s
ti
Resolution No. 16, Series 2007
AMENDMENT TO PROTECTIVE COVENANTS
OF
VAIL/LIONSHEAD, SECOND FILING, EAGLE COUNTY, COLORADO
THIS AMENDMENT TO PROTECTIVE COVENANTS OF VAIL/LIONSHEAD,
SECOND FILING, EAGLE COUNTY, COLORADO (this "Amendment") is made by the
undersigned owner.
RECITALS
A.On October I5, 1971, Vail Associates, Inc., a Colorado corporation ("VAI"),
recorded the "Protective Covenants of VaiULionshead, Second Filing, Eagle County, Colorado,"
at Book 221, Page 989, of the real property records of Eagle Coxinty, Colorado (the "Protective
Covenants").
B.Pursuant to Section 18 of the Protective Covenants, the Protective Covenants may
be amended by and with the written consent of the owners of bb 2/3% of the land within the
boundaries of VaiULionshead, Second Filing,.,
C.The undersigned ovrns 74.38% of'~te~d.~i,t~;ciad d within the boundaries of
VaiULionshead, Second Filing, and desire, to amend the Protective Covenants.
D.Pursuant to Section 1 of the Protective Covenants, VAI, as the initial owner of the
affected property, was to establish an Architectural Control Committee. It appears that no such
committee was ever formed and that the terms of Section 1 of the Protective Covenants have not
been enforced with regard to any of the existing development within the affected property.
Therefore, Section 1 of the Protective Covenants appears to be obsolete. Deletion of Section 1 of
the Protective covenants will avoid any potential inequity that may result if future development
were made subject to the review of an Architectural Control Committee.
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned
agree and declare as follows:
AMENDMENT AGREEMENT
1.Deletion of Section 1. Section 1 of the Protective Covenants entitled
Architectural Control Committee" is hereby deleted in its entirety and shall no longer be of any
force or effect.
2.Additional Conformine Changes. Any provision of the Protective Covenants
outside of Section 1 by which the approval, consent or authorization of the Architectural Control
Committee is required prior to undertaking any act or conduct is hereby amended such that no
such approval, consent or authorization is required prior to undertaking the act or conduct in
question.
amendment to protective covenants of vail_lionshead, second filing
3.Effect of this Amendment. Except as expressly provided in this Amendment and
any other duly made and recorded amendments}, the Protective Covenants remain in full force
and effect.
4.Counternarts. This Amendment may be executed in the form of two or more
counterparts that when taken together shall constitute a single, fully-executed instrument.
THIS AMENDMENT is executed by the undersigned as of the dates given below.
THE TOWN (JF VAIL,
a m ipal corporation
By:
Title: T`~ .t I -H
I
State of Colorado
ss.
County of Eagle
The foregoing AMENDMENT TO PROTECTIVE COVENANTS OF
VAIL/LIONSHEAD, SECOND FILING, EAGLE COUNTY, COLORADO was acknowledged
before me this ~~c~ay of ~ u( t 2007, by `;-~-a n 7c ,.J, ? ~as
7c~,_Y1~~,,-,c.1f TIIE TOWly` OF VAIL, a municipal corporation.
Witness my hand and official seal.
wuwNiir~~,~~w~ ~ A Commission expires: C~~,? ~ 1 fir- •
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1469654_l.doc 2
f
SEALi~ATTE
Title. ooh Clerk BRA
Statc of Colorado
ss.
County of Eagle
The foregoing AMENDMENT TO PROTECTIVE COVENANTS OF
VAIL/LIONSHEAD, SEC~ND FILING, EAGLE COUNTY, COLORADO was attested to
before me this IS'O`-day of u~us~ 2007, by ~Y~1+~i as Town
Clerk of THE TOWN OF VA`$., a municipal corporation.
Witness my hand and official s/ea_l. JJ
My Commissaony~-~: C,~2,~~',/~/ 0 1
Fl Notary
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APPROVED AST F~
By:
T~ti~e: Town Attorney
1469654_].doc 3
11
Maueielb Planning Group
May 25, 2007
Town Council Members
Town of Va+l
C/O Matt Mire, Town Attorney
75 South Frontage Road
Vail, Colorado 81 657
Re: Amendment of Covenants for Vail/L~onshead Second F~I~ng
Dear Town Council:
I am wr+tmg on behalf of the Lodge at Lionshead Phase III Condominium Assoc+at~on
Lodge"). The Lodge +s +n the process of developing a program for the redevelopment
of its property +n compliance w+th the L~onshead Redevelopment Master Plan and the
zoning establ+shed on the property. We, Ike others w~thm the Town, have discovered
that there are certain provis,ons of the ex~st~ng covenants affecting the subd~v~s~on ~n
which the Lodge +s located (Va,l L+onshead Second F~Img) that no property owner w~th~n
the subdw~s~on can possibly comply w+th.
The provision of concern w+th~n the covenants is that puns be approved and/or regulated
by the "Architectural Control Comm,ttee" wh+ch was never established. While ~t might
seem a moot point, the Lodge bel+eves that challenges to the Town's approvals by third
parties could be brought aga+nst any property owner w,th+n the subdw~5~on thus creating
a great deal of risk and uncertainty to the property owners and I~keiy creating expense
even to the Town.
While ~t has been the practice +n the To~Nn +n the recent past to condemn property in
order to remove the covenants after the project has been approved, we believe that ~n
this instance we have discovered an effic+ent and +nexpens+ve method of ach~ev~ng the
same result with no cost to the Town and i~ttle cost to the property owners affected by
the covenants,
The Vail/L~onshead Second F~I~ng covenants allow amendments to the covenants by the
owners of 66 and 2/3% of the surface area with+n the boundaries of the F+I+ng. The
subd~v~s~on has an area of 19.9 acres of which the Town owns approx+mately 14 acres
which ~s ~n excess of 70% ownership. Therefore, the Town alone can amend the ex~st~ng
covenants to correct the references to the Architectural Control Committee.
We have ~r.cluded a proposed air~endment that can be executed by the Town to
effectuate this change.
The Lodge hopes that you will help them and the other owners w,th~n the subdsvtistion
Vail International, The Evergreen Ladge, and the Town's property) more forward with
redevelopment protects with the assumption of less risk as presented by the current
covenants.
Thank you for your cons~derat~on of this request.
Sincerely,
U~-~,,~,~~~
Domm~c F. Maur~ello, AICP
Prmapal
Attachments:
Covenants of Vaif/L~anshead 5ecord FBI ng
Plat of Vail/L~onshead Second F~I~ng
Proposed Amendment to Covenants
CC: Board of Managers, Lodge at L~anshead III
lnakti De Abiega
Jeff Bosboom
Clark Fftzmorris
Marlyn Dyer Sandstad
Dean Stev,nson
Steve Wr,ght, Esq., fsaacson Rosenbaum, P.C.
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PROTECTIVE COVEN~INTS
OFf~,. •
A, '
VAIL/LIONSHEAD, SECOND FILING,v
EAGLE COiJtv'TY, COLOR~DC?
WHEREAS, Vail Associ~~tes, Inc „ a corporation duly organ-
ized and existing under the laws of the State of Colorado here-
n,:inafter sometimes referred to as Owner"), is the owner of the
F.following described lands, which are shown on the plat of the
Vail/Lion~Head, Second Filing, on file in the office of the
County Clerk and Recorder of~the County of Eagle and State of
Colorado:
I See Exhibit A attached hereto and
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made a part hereof
k
included witY~in which are pazt~.of Tract J, Vail Village,- First
k Filing, and a 11 of the lands designated as Lots 11, 12 and 13,
and part of Lest 14, Vail Village, Second Filing, prior to the
vacation of a portion of the plat of Vail Village, Second Filing,
by instrument recorded in Book 217 at page 674 of the records of
the Clerk and Recorder of Eagle County, Colorado.•~~
AND WHEREAS, Vail Associates, Inc. desires to place certain
restrictions on the use of the lands included within Vail/L•ions-
Head, Second Filing, for the benefit of the Owner and its respec-
tive grantees, successors and assigns, in order to establish and
maintain the character and value of property in the Vail/Lions-
Head, Second Filing, area,
t:OW, THEREFORE, in consideration of the premises, Vail Assoc-
fates, Znc., for itself and its grantees, successors and assigns i
does hereby impose, establish, publish, acknowledge and declare
that for the benefit of all persons who may acquire an interest
in any of the lands in Vail/LionsHead, Second Filing, all of the
lares in Vail/LionsHead, Second Filing, shall be subject to the
following restrictions, covenants, and conditions, which shall be
deemed to run with the land and to inure to the benefit of and be
binding upon the Owner, its grantees, successors and assigns.i
MiR.-,~!~KT T.~f.:ln4%~:.:~~. ,W"YA~ir!'~.'.7~.~.iTf :c.Qi~1`6rt7"s,~iYv~3 ~..c 1 `t 1i.+w°.^.J~ ai~.,~,y
y Protactivs Covenants Y,.
Vail/LionsHead, Second Filing f
P
1, ARCHITECTURAL CONTROL COMMITTEE
1.1 Connnittee, The Architectural Control Committee, here-f
inafter referred to as the "Committee", shall consist of five i
members who shall be designated by the Owner, its successors or
assigns, to review, study and, approve or reject proposed improve-i
ments within the area described in the plat of Vail/LionsHead,
Second Filing, of which these restrictive covenants are made a
part .
The members of the Committee shall serve for ane year,
at which time they shall be re-appointed or their successors shall
be appointed by the Owner. If no successor is appointed by the
Owner on the anniversary of a member's term, he shall be deemed
to have been re-appointed by the Owner. Anew member shall., be
appainted by the Owner on the death or resignation of a member.
1.2 Rules. The Committee shall make such rules and bylaws
and adapt such procedures as it may deem appropriate to govern its
proceedings.
1,3 Apprcval of Plan. No building, landscaping, parking or
vehicular driveway, erce, wa1.1 or other improvement shall be
constructed, er~cte3, repaired, restored, reconstructed, altered,
added to or maintained on any lot until building plans and site
plans and specifications showing the color, location, materials,
landscaping, and such other information relating to such improve-
ment as the Committee may reasonably require shall have been sub-
m fitted to and approved by the Co~n;nittee in writing.
1.4 Criteria, In passing upon such plans and specifications
the C..,,,;,,ittee shall consider:
1.4.1 The suitability,-of the improvement and of
the materials of which xt is to be constructed to the
site upon which it is to be located;
1.4.2 The nature of adjacent and neighboring
improvements;
1.4.3 The quality of the materials to be util-
ized in any proposed improvement;
1.4.4 The effect of any proposed improvement
on the outlook of any adjacent or neighboring property;
2-
Protective Covenants T.`
y
I
LionsHead Second g yFilinst.Y tK.7~irrY1
l j' •y.
1.4.5 Any governmental zoning require r~s~.~Y
applicable to the site and• improvement's ~there~n'~'- f•~n "
and t r;.:
1.4, ti The rules a dn regulations of• the Com-r as`
mittee.1Y
X'.
1t shall be an objective of the Committee to make certain--.that``;'no~r
improvement will be $o similar or so dissimilar to" other"s •an:_tYie•r
vicinity that values, monetazy or aesthetic, will`•be`inepa;ired:=''~~.•=,~"- P
1.5 Effect oz the Committee's Failure to' Act., In °ttie~~eventT_~~.
the Committee fails to approve or disapprove plans and speci:fica-.~~;
tions submitted to it within sixty 60) days of submission, appro-
val shall not be required.
2. L-ANb USE
The Lands within Vail/LionsHead, Second Filing, shall be
used for the following purposes:
2.I The numbered lots shall be used only for high density,
multi-family residential structures, public accommodatior.~, schools,
libraries, ccnference centers, health clubs, playgrounds and other
public uses, and commercial and recreational structures; provided,
that the Owner :nay impose restrictions prohibiting the t~se of a
numbered lot, or r~•r~ions thereof, for commercial purposes.
2.2 Tract s;Zall be used as an open area which shall be
maintained in its r:a -ural state, sLb;ect to the reservation ay t7:e
Owner of such easements for, and the right to construct, cn wed-
estrian or equestrian paths and bridges and skier crossings a.; azt,
in the opinion of the Owner:, now or in the future reasonably nec-
essary or desirable. No improvements constructed on adjoining or
contiguous properties shall encroach upon Tract A. Vehicular pas-
sage shall not be allowed on Tract A except by special pe.,it fm m
the Town of Vail and the Owner.
2.3 Tract B shall be used and held by the Town of Vail for
the duration of its Lease for the use of the public as open space,
which shall be maintained in its native state, subject to the reser-
vation by the Owner of such easements within a corridor bounded on
thQ east by a line extending from the southeasterly corner of Tract
D, Vail/LionsHead, First Filing, to the westerly corner of Lot 1,
Block 2, Vail Village, Sixth Filing, and on the west by a line i
extending from the most southerly corner of Tract A, Vail/LionsHead,
3-
retective Covenants
Vail/LionsHead, Second Filing
First Filing, to the northwesterly corner of Tract A, Vail Vil-
lage, Sixth Filing, for pedestrian bridges, ski lifts, and skier
crossings as are in the opinion of the Owner now or in the future
reasonably necessary or desirable, and further reserving to the
Owner the right to construct, repair, maintain and operate such
ski lifts in or on such corridor in Tract B as are, in the opin-
ion of the Owner, needed or desirable in the future. The Town
of Vail may construct for public use, pedestrian and bridle paths
in conformity with a landscape plan to be prepared by the Town and
approved by the Owner. No improvement constructed on adjoining
or contiguous properties shall encroach upon the said Tract B.
Vehicular passage shall not be allowed on this Tract except by
special permit from the Town of Vail and the Owner, except that
the Owner reserves the right to construct or cause to be coY~struc-
ted upon or over Tract B public transportation facilities, includ-
ing by way of illustration and without limiting the generality of
the foregoing, an aerial, rail, or mounted conveyance system.
2.4 Tract C shall be used as an open area which shall~be
maintained in its natural state, subject to the reservation by the
Owner of such easements or, and the right to construct, such ped-
es*_rian or equestrian paths and bridges as are, in the opinion of
the Owner, now or in the future reasonably necessary or desirable.
13o improvements constructed on adjoining or contiguous properties
shall encroach upon Tract C. Vehicular passage shall not be allowed
on Tract C except by special permit from the Town of Vail and the
Owner.
2,5 Tract D sha21 be used in conjunction with Lot D, Vail
Village, Second Filing, for apartments, retail shops, service shops,
service stations, restaurants and tea rooms, hotels, lodges, pro-
fessional offices, medical clinics and educational institutions.
2.6 The Owner reserves the-right to make additional restric-
tions and limitations upon use not incompatible with the foregoing
nor less restrictive than any applicable regulations of any govern-
mental agency. Any additional restrictions may be included in
instruments of conveyance or lease or by supplement to these pro-
tective covenants to be filed in the office of the Clerk and Recor-
der of Eagle County, Colorado.
3. EASEHE*ITS AI3D RIGHTS-OF-WAY
3.1 Easements and rights-of-way for lighting, heating, elec-
tricity, gas, telephone, water and sewerage facilities, and any
other kind of public or quasi-public utility service are reserved
4-
11
Protective Covenants
Vail/LionsHead, Second Filing
t'y
N~
iii
as shown on the plat of Vail/LionsHead, Second Filing. No fence,
wall, hedge, barrier or other improvement shall be erected or
maintained on, across or within the areas reserved for easements
and rights-of-way, nar in such close proximity thereto as to impair
the access to or use Thereof. An easement for pedestrian use shall
exist and is hereby reserved on; over and across those portions of
the plat of Vail/LionsHead, Second Filing, reserved herein for
utility service and facilities,
3,2 Easements for drainage purposes are reserved as shown on
the plat of Vail/LionsHead, Se=ond Filing.
3.3 Easements for drainage purposes reserved in these cove-
nants and on the Vail/LionsF~ead, Second Filing, plat shall be per-
petual.
4. SIGNS
9Tca signs, billboards, pester boards or advertising display ~r
sfr3.~cture of any kind shall be placed or maintained within the sub-
division for any purpose whatsoever, except such signs as shall
have been approved by the Committee as reasonably necessary fcr
the identification of streets, residences and places of business
and location markers.
5. WATER AND SEWAGE
Each structure designed for occupancy or use by humans shall
connect with the water and sewerage facilities of the 4~~i1 Water
and Sanitation Distr;c:t. No private well shall be used as a
source of water for human consumption or irrigation in Vail/Lions-
Head. Second Filing, nor shall any facility other than those pro-
vided by the Vail Water and .Sanitation District be used for the
disposal of sewage. Mechanical garbage disposal facilities shall
be provided in each kitchen or food preparation area.
5. TRASH AND GARBAGE
6.1 Disposal of Trash and Garbave. No trash, ashes, garbage
or rubbish may be thrown or dumped on any land within Vail/Lions-
Head, Second Filing. No burning of trash, garbage or rubbish shall
be permitted in Vail/LionsHead, Second Filing. No incinerator or
other device for the burning of trash, garbage or rubbish indoors
shall be constructed, installed or used by any person except as
approved by the Committee and the Town of Vail. Each property
owner shall provide suitable receptacles for the collection of
5-
Protective Covenants y,~.~.;;:;;w i
Vail/LionsHead, Second Filing y;.;
rte` f• .
trash, ashes, garbage or rubbish. Such receptacles' s}iall bei °~s-~
screened from public view and protected from distur2iarices. R_:
6.2 Definition. As used in this Section 6, trash,. gaiba
or rubbish" shall include waste, rejected, valueless: or wort2i~es~
matter, materials and debris, useless, unused, unwanted,: o`'d~:r-,"~~~Y
carded articles from an ordinary household, waste from the"pre y'-~~?`
paration, cooking, and consumption of food, market refuse,~waste r,
from the handling, storage, preparation or sale of produce~;'`-tree-' ~r.;..
branches, twigs, grass, shrub clippings, weeds, leaves, ~and~~~other.~i'i
general yard and garden waste materials; but shall not include,-,.=_~~~~K.:;~~:food or food r dupo cts to be prepared over outdoor or open f i_ res
nor wood or other materials used for fuel in fireplaces.
7. LIVESTOCK
c
No animals, livestock, horses, or poultry of any kind, excep't~'.~_;"°~
dogs, cats, and other household pets, shall be kep;:, raised Ar '
bred in Vail/LionsHead, Second Filing, except in areas designated
for such purposes by the Committee; provided, however, that nothing-,r
herein contained shall be construed to permit the commercial breed-.~~
ing of dogs, cats or other household pets or animals in VailfLions=
Head, Second Filing.
S . TREES
No tress shall be cut, trimmed or removed in Vail/LionsHead,
Second Filing, except with prior written approval of the Committee,
and all such work shall be performed by persons approved by the
Committee or by the Town of Vail.
9. SET BALK REQUIREMENTS
x
There shall be no general requirement for the location of
imgrovements within property lines except those shown on the plat
of the subdivision or imposed by governmental zoning regulations,
but the location of each improvement must be approved in advance
by the Committee. In determining the proper location for each
improvement, the Committee shall consider the proposed location,
the location of existing and projected improvements on adjacent
property, the effect upon adjacent property owners of any proposed
improvement location, and sucTt other considerations as it may deem
appropriate.
G-
r .
r Protective Covenants
Vail/LionsHead, Second Filing
10. LANDSCAPING AND GARDENING
Ail ground surface areas not used as improvement sites but
disturbed by construction shall be returned promptly to their
natural condiLicn and revlarted in native grasses, unless s~ich
areas are to be utilized for gardens, lawns, and exterior living
areas. Every improved building site within the subdivision shall
be landscaped according to a plan approved by the Committee. The
landscape plan shall be submitted to the Committee at the time of
he submission of gonstruction plans and approval by the Committee
of either plan may be denied until both the plans for building
construction and landscaping shall have been approved. Easements
adjacent to a lot but outside the boundaries thereof may be„appro-
priately landscaped, subject to the provisions of these covenants,
by the owner of the lot, but in the event such landscaping is
disturbed by use of the easement, the cast and expenses of restor-
ing such landscaping shall be solely that of the owner of the lot.
I:. AREA REQUIREr1ENxS
No living unit designed for human use or habitation shall be
constructed unless the aggregate floor area, exclusive of open
porches, basements, carports and garages, shall comply with appli-
cable governmental zoning requirements and shall have been approved
by the C,,,.....ittee. The committee shall determine from the design
of the improvement whether an area which is partially below grade
may be used to calculate whether the proposed structure cor~~plies
with the minimum area requirements. The Committee may, pursuant
to t'~ese covenants, impose greater minimum floor area requirements
than those imxsed by zoning regulations and may apply different
criteria for determining compliance.
12. TRADE NAMES
i:o trademark, trade name, trade symbol or combination thereof
shall be used on structures, or far businesses or services in Vail/
LionsHead, Second Filing, unless the same shall have been first
approved in wziting by the Committee.
13. TEMPORARY STRUCTURES
No temporary structure, excavation, basement, trailer or tent
shall be permitted in Vail/LionsHead, Second Filing, except as may
be reasonably necessary during construction :~rdd authorized by the
Committee and except as may be necessary for athletic events.
7-
Mi~.~:r~y
Protective Covenants
Vail/LionsHead, Second Filing
14. CONTINUITY OF CONSTRUCTION
All construction a~..,...enced in Vail/LionsHead, Second Filing,
shall be prosecuted diligently to completion and shall be com-
pleted within twelve 12) months of commencement, unless the
Owner or the Committee shall, in writing grant additional time.
15. NUISANCE
3
No noxious or offensive activity shall be carried on within
the subdivision nor shall anything be done or permitted which shall
constitute a public nuisance in Vail/LionsHead, Second Filing.
16. FENCES'
No fences, walls or other barriers shall be permitted in
Vail/LionsHead, Second Filing, except with the written consent of
the Committee or a5 otherwise herein expressly permitted.
i
17. EFFECT AND DUP_'1TION OF COVENANTS
The conditions, restrictions, stipulations, agreements and
covenants contained herein shall be for the benefit of and shall
regulate the use of each lot, block and tract in Vail/LionsHead,
Second Filing, Eagle Gounty, Co rrado, and shall be binding upon
each owner of property therein, his successors, regresentatives
and assigns. These covenants shall continue in full force and
effect until January 1, 2070.
l8. AMENDMENT
The conditions, restrictions, stipulations, agreements and
covenants contained herein shall not be waived, abandoned, termi-
nated, or amended except by written consent of the owners of 66
2/3% of the surface area within the boundaries of Vail/LionsHead,
Second Filing, as the same may be then shown by the plat on file
in the office of ~:he Clerk andRecorder of Eagle County, Colorado.
l9. ENFORCEMENT
19.1 Procedure for Enforcement. If any person shall violate
or threaten to violate any of the provisions of this instrument,
Vail Associates, Inc. or its successors or assigns, the Town of
Vail, or any owner of real property in Vail/LionsHead, Second Fil-
ing, his agents or employees, may, but without obligation to so
so, enforce the provisions of this instrument by:
e-
i
Protective Covenants Fk'i' ~ r Tr~r~
Vail/LionsBead, Second Filing
Y
Q:
r
19.1.1 entering upon the property,. athere= the 1~"'~'yy ?;~i~
S3 violation or threatened violation exists ~and~•re-~~
moving, remedying and abating the violation.; -.such'
self-help shall only be exercised after hadirigt~
y'" r_r
given fifteen 15) days prior written notice to
p party upon which .the'.the owner or owners of the ro
violation exists and provided the owner shall have'
failed within such time to take such action as rmay'..' . r'~:~~~~~.~. .
be necessary to conform to the covenants; or
19.1.2 instituting such proceedings at law or
in equity as may be appropriate to enforce the pro-
visions of this instrument, including a demand for
injunctive relief to prevent or remedy the threaten-
ed or existing violation of these covenants and for
damages.
19.2 Notice and Service of Process. Each owner of real
property in Vail/LionsAead, Second Filing, hereby appoints the
Town Clerk of the Town of Vail as his agent to receive any notice
provided for herein and to accept service of process in ariy court
proceeding brought to enforce the provisions of this instrument.
Any notice required under this Section 19 shall be written and
shall specify the v'oZa~ion or threatened violation objected to,
tt+e property subject to the violation and shall demand compliance
f r the ivi:~ ofwiththesecovenan~s within fifteen 15) days a to g,g
such notice. If niter reasonable effort the person giving the
notice shall be unable to deliver the same pezsonally to the peg-
son to whom it is directed and shall be unable to obtain a retuz-r:
receipt showing delivery of notice to the person to whom it is
directed, then the required notice shall be deer.~cd sufficiently
given if posted upon the property described in the notice and mailed
to the last known address of the person to whom the notice is dir-
ected and if also mailed or delivered to the Town Clerk of the Town
of Vail as agent of the property owner. Personal service of pro-
cess upon any person owning land in this subdivision made in accor-
dance with the preceding sentence may be obtained, but only for
the enforcement of these covenants, by service ofrrocess upon the
Town Clerk of the Town of Vail as agent for the said owner, if after
reasonable diligence such defendant cannot be found within the
e State of Colorado and personal service cannot be otherwise obtained
under the Colorado Rules of Civil Procedure.
19.3 No Liability for Damages. Vail Associates, Inc., the
Town of Vaii, or any other person hereby authorized to remove or
remedy violations or threatened~~;iolations of the provisions of
9-
J~al:
Protective Covenants
1~'
Vail/LionsHead, Second Filing
this instrument in accordance with paragraph 19.1.3, shall not
be liable to any person for so doing except for any injury or
damage resulting from intentionally wrongful acts. Any person
acquiring any interest in real property in Vail/LionsHead, Second
Filing, after the recording of this instrument in the records of
the County Clerk and Recorder of Eagle County, Colorado, shall be
deemed to have waived any and all rights to or claims for damages
or injury resulting from efforts to correct or to prevent any
violation or threatened violation of these covenants in accordance
with paragraph 19.1.1 above with respect to the real property so
acquired.
19.4 Collection of Costs and Expenses. Vail Associates,
Inc., the Town of Vail, or any other person or persons proceeding
in accordance with paragraph 19.1.1, shall have a claim against
the owner or owners of the property with respect to which the
violation or threatened violation of these covenants has occurred
in an amount equal to the actual costs and expenses, including
reasonable attorneys' fees, incurred in connection with preventing,
rez?oving or remedying such violation or threatened violation.
Such claim shall not exceed the amount of Two Thousand Dollars
2,000.00) for any one violation or threatened violation of the
provisions of this instrument and shall be enforceable through
any appropriate court action. Vail Associates, Inc., the Town of
Vail, or any other person or persons bringing a proceeding under
paragraph 19.1.2 to enforce any provisions of this instrument shall
be entitled to judgment for the actual costs and expenses, includ-
ing reasonable attorneys' fees, incurred by such person in the pro-
secution of such proceeding in addition to any other relief granted
by the court.
19.5 Waiver. Nc assent or acquiescence, expressed or implied
to any violation or threatened violation of any of the provisions
of this instrument shall be deemed or taken to be a waiver of any
succeeding or other violation or threatened violation of these
prctecti•~e covenants.
20. DEFINITIOF OF PROPERTY OWNER
As used in this instrument, the phrases real property owner"
or owner of real property" shall mean any natural person, partner-
ship, co~~..ration, association or other business entity or relation•
ship which shall own an estate as a co-tenant or otherwise in few
simple or for a term of not less than forty-nine 49) years in any
portion of the lands included within the boundaries of Vail/Lions-
Head, Second Filing. Such phrases shall not include within their
10-
J
Protective Covenants
Vai3./LionsHead, SeconB Filing
meaning the holder or owner of. any lien or secured interest in
lands or improvements thereon within the subdivision, nor any per-
son claiming an easement or right-of-way for utility, transports-
tion or other purpose through, over or across any such lands.
21. SEVERABILITY
A determination of the invalidity of any one or mJre~ of the r
previsions of this instrument by judgment, court order or decree
shall in no wise affect any of the other provisions hereof, which
shall .remain in full force and effect.
rrVl
E~~3TED T?iIS 12th day of October 1971.
a~~~'._,~ VAIL ASSOCIATES, INC.
1~,~ sa:J i
1,,,34 By
Vice- president
3y
s Secretary
1
OF COIARADO)
ss.
COUNTY OF EAGLE
a
The foregoing instrument was a:':nowledged before me this
12th day of OctoSer 1971, by ROBERT H. NOTT
d8~ vice president of VAIL ASSOCIATES, INC.
a
WI~NESS my hand and official seal.
y ' MX~,commission expires :a i ~ ~ i
Notary Public
n•
14
11-
K
NG x.
Imo,.'
EXHIBIT A ti:F:
PROTECTIVE COVENANTS FOR
w~~'`-~'}
r VAIL/LIONSHEAD SECOND FILING
EAGLE COUNTY, COLORADO
LEG,4L DESCRIPTION OF PLATTED LANDS 1
a~
x
Part of the South half of Section 6 and art of theP.North half of Section 7, Township S South, Range 80 West
of the 6th Principal Meridian, Town of Vail, County of
Eagle, State of Colorado described as commending at the
Northeast Corner of said Section 7, thence SO°23'00" E
39.20 feet along the East line of said Section 7 to the
Southerly right-of-way line of U.S. Highway No. 6 now
Interstate Highway I-70; thence N 79°41'13" W 25.44
feet along said right-of-way line to the Northeast
corner of VAIL VILLAGE, SECOND FILING: thence continu-
ing N 79°41'13" W 537.76 feet along said right-of-way
line and the Northerly line of said VAIL VILLAGE, SECOND
FILING to the true point of beginning of this description;
thence continuing along said right-of-way line on the
following six courses: 1) N 77°32'18" W 213.50 feet
to a point on the arc of a 469.30 foot radius curve;
2) 146.70 feet along said arc of a curve to the right,
whose central angle is 17°54'36" and whose long chord
bears N 56°43'58" 1V 146.10 feet; 3) N 3E°35'31" W
214.10 feet; 4) N 40°00'36" W 179.00 feet; 5)
68°01'02" W 176,80 feet to a point on the arc of
a 3,650.00 foot radius curve; and 6) 701.03 feet
along said arc of a curve to the left, whose central
angle is 11°00'16" and whose long chord bears N 80"18'17"
W 699.96 feet, to the Northeast corner of VAIL/LIONSHEAD,
FIRST FILING; thence along the; Easterly and Southerly
boundary of VAIL/LIONSHEAD, FIRST FILING on the follow-
ing fifteen courses: 1) 116.15 feet along the arc of
a 46.00 foot radius curve to the left whose central
angle is 144°40'1.9" and whose long chord bears S 12°36'09" E
87.66 feet to a point of tangent; Z) S 84°55'18" E 140.00
feet to a point of curve; 3) 232.05 feet along the arc of
a 151.00 foot radius curve o the right, whose central
oanleis88 03 00 and who8 se long chord bears S 40 54 48
E 209.88 feet to a point of compound curve; 4) 271.75
feet along the arc of a 1.73.00 foot radius curve to the
right, whose central angle is 90°00'00" and whose long
chord bears S 48°06'42" W 244.66 feet to a Foint of
tangent; 5) N 86°53'18" n' 65.60 feet; 6) S 5°43'51" W
341.10 feet; 7) N 80°00'30" W 215.00 feet; 8) N 89°ll'00"
ti 141.70 feet; 9) S 64°22'00" W 126.50 feet; 10) S 17°
10'30" {V 100.50 feet; lI) S 11°02'30" W 153.50 feet;
12) S 54°34'00" {V 89.00 feet; 13) N 78°13'30" W 158.00
feet; 14) S 83°35'00" W 59.50 feet; and 15) S 46°22'30"
Sn
r~;
j
i, C
Yi-~Fl mow."Jr•'ll;F~
EXHIBIT .4 t~ PROTECTIVE COtrENANTS FOR VAIL/LIONSHEAD SECOND
e 2 FILING, EAGLE COUNTY, COLORADO
tip' 141.61 feet; thence S 4°35'55"E 73.27 feet; thence N 63°
2-1'00" E Zd5.00 feet; thence N 82°24'00" E 245.00 feet;
thence N S2°24'00" E 145.00 feet; thence N 54°34'00" E
72.00 feet; thence N 11°34'00" E 252.00 feet; thence
N 64°22'00" E 95.00 feet; ther_ce 8S°05'00" E 125.00 f~et;
the me S i3°36'00" E 185.00 fee*_; thence N 90°00'00" E
10.00 feet; thence S 49°36'00" E 235.00 feet; thence
S 36°-15'4:" c 179.90 feet; thence S 19°52'33" 1V 131.57
feet to the Northeast Corner of Lot 41, Block 7, VAIL
VIL LaGE, FIRST FILING; thence along the Northerly line
of said Block i on the follo~~ing three courses: I)
S i2°14'00" E 30i.1b~ feet; 2) N 89°02'00" E 571.69
feet; and 3) S i5°2i'00" E I7S.OG feet to the Northwest
Corner of Tract J, Vail VILLAGE, FIRST FILING; thence
along the boundary line of said Tract J on the follow-
ing fire courses: 1) S 0°55'00" E 1%2.10 feet to the
Southwest corner of said Tract J, a point on the arc of
a 1,235.15 foot radius curve; 2} 262.02 feet along
said arc of a curve to the right, whose central angle
is I1°57'x9'' and whose long chord bears S 62°22'36" E
26i.~0 feet to a point of reverse curve; 3) 179.28
feet along the arc of a 302.26 foot radius curve to
the legit, hose central angle is 13'59'00" and whose
long chord bears S i3°23'30'' E Ii6.b6 feet to a point
of tangent; 4) 39°31'00" E 120.86 feet to the
Southeast Corner of said Tract J; and 5) 0°23'00"
6Q.63 feet; thence ~ 8I°I9'44" W 187.60 feet; thence
69`2'•'06' t~ 95.01 feet; thence N 26°48'32" lr Si.i0
feet; thence N 13'51'30" E 11.06 feet to a point on
the North line of said Tract J, from ti,•hence said
oTthwest Corner thereof bears i5°27'00" iv 233.42
feet and whici, p•~int is also the South-Southwest
Corner of Tract 4"AIL 1~'ZLLaGE, SECOND FILING thence
along the Southerly line of VAIL VILLAGE, SECOND
FILING on the follottiing ten courses: 1) N 26°x0'00" lti
111.91 feet; 2) N 41'30'00" tv 240.00 feet; 3) N 55°
00'00" ~i i5.~?0 feet; 3) N 78°00'00" ti~ 100.00 feet;
S 6~°00'00" ~r 133.u0 fQet; 6) S i9°00'00" W 290.0.0
feet; 7) N 67°00'00" iti L00.00 feet; 8) ti 53°00'00"
t~, Ii5.00 feet; 9} N 59°OU'00"165.00 fe^t; and
110; 68'30'00"115.00 feet to the Southc~est Corner
of Lo*_ 9, G:aIL VILLAGE, SECOND FILING thence N 45°03'56"
E 129.37 feet along the Ives*_erly line of said Lot 9 to
the Southeast Corner of Tract A, VAIL 'dILLAGF., SECOND FILING
thence ~ 9°45'49" ~ti lO1.I6 feet along the Westerly line of
said Tract A; thence ti 28°57'17" E 170.00 feet along said
E ir'esterly lire to the Northwest Corner of said Tract A ~rhich
is a point on the Northerly line of said 'VAIL VILLAGE,
SECOND FILING on the azc of a 1,852.73 foot radius curve;
thence Easterly along said Northerly line on the follow-
ing four courses: 1) 254.11 feet along said arc of a
curve to tr,e right, whose central angle is 7°51'30" and
t.
E.\EIIBIT A i0 YkUl~l.llVh I,UVL'!V/~11V~~ 1'U!l VH1L/ Lluiral'1L/•1L JL~U~IL .
e 1 FILING, BACLE COUNTY, COLORADO
tivhose long chord bears S 83°36'58" E 253.91 feet to a point
of tangent; 2) S 79°41'13" E 59.84 feet; 3) 5 85°24'3I" E
100.29 feet; and 41 S 79°41'13" E 523.02 feet to the true
point of beginning, containing 19.950 acres, more or less.
included within the above description of Platted Lands are
1) part of Tract J, VAIL Vii.LAGE, FIRST FILING a subdivision
plat recorded in Eagle County, Colorado, Reception No. 96382,
filed in Plat Book at Page 49; 2) all of Lots 11, 12, and
l3, and part of Lot 14, VAIL VILLAGE, SECOND FILING a sub-
division plat recorded in Eagle County, Colorado, Reception
No. 96928, filed in Plat Book at Page 56, as amended by a
plat ~ahich is filed under Reception No. 97199, in Plat Book
at Page 58.
4
T_L.
r
f
i
Vic, c5y cer:r~,•tf:is lgstr'u~:,3~f
was zi~e-. ar rc;~-~ it Tray o~f:c~~ t~~~
t."r~c..'<_._..!~i., a^~ ;s c'u'y r~cord~dl
County C?erk and Recor~r
7.
L
Fae LC;~!
I
N'
y,!
Dear Mr. Mauriello:
I am writing you on behalf of the Board of the Vail International
Condominium Owners Association. We appreciate the opportunity to review the
proposed amendments being proposed by you on behalf of the Board of the
Lodge at Lionshead Phase 3 Association.
Upon review of the proposal to eliminate any reference to the Architectural
Control Committee, we agree and support the proposed covenant amendments.
We believe that the proposed amendments will allow all of the properly
owners in this subdivision to renovate and redevelop without the risk
associated with complying with a covenant requiring review by a committee
that does not exist.
We encourage the Town to amend the covenants as proposed.
Please forward this letter to the appropriate Town of Vail officials an my
behalf.
Sincerely,
Heidi A. Hansen,
President,
Vail International Condominium Owners Association
300 Lionshead Circle
Vail, Colorado
heidihansen aC~orodiav.net
From: TJ Brink fmailta:tbrinkCalsemnerdev.caml
Sent: Thursday, June 21, 2007 5:35 AM
To: Dominic Mauriello; Snowden Smith
Cc: George Ruther
Subject: RE: Vail Lionshead 2nd Filing Covenants
Dominic:
As owners of the Evergreen Lodge at Vail, we have no objection to the
requested amendment (as I discussed with George Ruther on two separate
occasions over the past several weeks); however, we don't understand why the
Town of Vail and your client would not want to terminate the entire covenant
agreement. Every provision in the agreement is either controlled by the
architectural control committee (which will now be deleted by your proposed
amendment) or involves issues and restrictions which are covered fully by
the current Town of Vail zoning rules. Accordingly, if you are going to
take the time to do this, I believe you should recommend that these be
terminated completely and not just amended.
Thanks, TJ
Very truly yours,
Thomas J. Brink
President
HB Development Co.
Minneapolis Office: