HomeMy WebLinkAboutADM080016TOW � 4�
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Project Name:
Application Type:
Project Description:
ADMINISTRATIVE ACTION FORM
Department of Community Development
75 South Frontage Road
Vail, CO 81657
tel: 970 - 479 -2138 fax: 970 - 479 -2452
web: www.vailgov.com
CHALETS AT LODGE CONDO MAP
CondThPl
ADM Number:
Parcel:
Condominium Plat for the Chalets at the Lodge at
ADM080016
2101 - 082 - 8600 -2
Participants:
OWNER CHALETS AT THE LODGE AT VAIL 09/30/2008
PO BOX 959
AVON
CO 81620
APPLICANT CHALETS AT THE LODGE AT VAIL 09/30/2008
PO BOX 959
AVON
CO 81620
Project Address: 151 VAIL LN VAIL
CHALETS AT THE LODGE
Location:
Legal Description: Lot: Tr B Block: Subdivision: Front Door Three Dimensi
Comments: See Conditions
Motion By:
Second By:
Vote:
Conditions:
Action: STAFFAPR
Date of Approval: 09/30/2008
Meeting Date:
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).
BOARD /STAFF ACTION
Planner: Warren Campbell DRB Fee Paid: $100.00
Application for Administrative
Subdivision Plat Review
TOWN 04 Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www.vailgov.com
General Information:
It is unlawful for any person, business, or corporation to violate any of the provisions of Title 13, Vail Town Code,
or to transfer, sell, lease or agree to sell or lease, any lot, tract, parcel, site, separate interest (including a leasehold
interest), interest in common, condominium interest, time -share estate, fractional fee, or time -share license, or any
other division within a subdivision within the Town until such subdivision has been approved in writing by the
Administrator, Planning and Environmental Commission and /or the Council (whichever is applicable) and a plat
thereof recorded in the office of the Eagle County Clerk and Recorder.
Type of Application and Fee:
• Duplex Subdivision Plat $100 ❑ Administrative Plat Correction $100
• Single Family Subdivision Plat $100 K Condominium/Townhouse Plat $100
Description of the Req l / / /
PA f)A►f;11 ; N+ P (92 f _Tnt �ha Ie7'c &-/ �`► e L a�r o
Location of the Proposal: Lot: Block: Subdivision: 7"kt C ko S al e L o o P of (la,1' /
Physical Address: / S uQ L a, n 2
Parcel No.: X /0 1 Y a7F& Dd A (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.)
Zoning: 5 C dos liCere& - f; ph .2
Name(s) of Ownerrf d ha, Ida a7` 7"`1 Gec/ a t al yal"l. LLCM_
Mailing Address: PQ odgk q0 Q l& 0 33
CL�' w - / e- i'ru rn d ( rw hone: 75' if .2 & S 4' �e�� I 1 9`g* - l8 9 Ce e �l
J 8 V A ,ay �7enrper
Owner(s) Signature(s): ,
h tl�rra N dtz.�/'resjda�� cDo , Vol D c.
Name of Applicant: ��Gt me as own e r
Mailing Address:
e QS Ownt t-
J
�)
� II�
i
Phone:
E -mail Address: Qerr4dL. uA; (re arT5. td *Fax: 76
0
TOWN OF VAI
For Office Us n :
Fee Paid: i & Check NoA� By: \JaA t '
Meeting Date: Admin No.:
Planner: X)C- Pro ject No.:
�.
F: \cdev\FORMS \Permits \Planning\Administrative _Actions \Plat Review\condo_th_plat.doc Page 1 of 4 12 -6 -2005
TOWN OF VAIL, COLORADO Statement
Statement Number: R080001793 Amount: $100.00 09/30/200810:20 AM
Payment Method: Check Init: JLE
Notation: 447950 VAIL
RESORTS
-----------------------------------------------------------------------------
Permit No:
ADMO80016 Type:
Administrative
Parcel No:
2101 - 082 - 8600 -2
Site Address:
151 VAIL LN VAIL
Location:
CHALETS AT THE LODGE
Total Fees:
$100.00
This Payment:
$100.00
Total ALL Pmts:
$100.00
Balance:
$0.00
ACCOUNT ITEM LIST:
Account Code
Description
Current Pmts
-------------- - - -
PV 00100003112500
- -- ------------------------
Administrative
- - - - --
Fee
------ - - - - --
100.00
Land Title Guarantee Company
Date: 08 -28 -2008
Land Title
GUARANTEE COMPANY Our Order Number: V50014422 -6
Property Address:
CHALET UNIT , 151 VAIL LANE VAIL, CO 81657
Buyer /Borrower:
Seller /Owner:
THE CHALETS AT THE LODGE AT VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY
Wire Information:
Bank: FIRSTBANK OF COLORADO
10403 W COLFAX AVENUE
LAKEWOOD, CO 80215
Phone: 303 - 237 -5000
Credit. LAND TITLE GUARANTEE COMPANY
ABA No.: 107005047
Account: 2160521825
Attention: Karen Biggs
Need . a map or directions for dour upcoming closing? Check out Land Title's web site at www.Itgc.com
r_
1111 - CL,LLUIla LU all,' U1 U111 J'1 U111L,C xuv-a LLUIIJ.
ESTIMATE OF TITLE FEES
ALTA Owners Policy 10 -17 -92
If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time.
TOTAL
r.— CONTACT 06/04 THANK YOU FOR YOUR ORDER!
Chicago Title Insurance Company
ALTA COMMITMENT
Our Order No. V50014422 -6
Schedule A Cust. Ref.:
Property Address:
CHALET UNIT' 151 VAIL LANE VAIL, CO 81657
1. Effective Date: July 16, 2008 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"ALTA" Owner's Policy 10 -17 -92
Propose[ Tncnrad-
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
THE CHALETS AT THE LODGE AT VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
UNIT , THE CHALETS AT THE LODGE AT VAIL, ACCORDING TO THE CONDOMINIUM PLAT
RECORDED JULY 22, 2008, AT RECEPTION NO. 200815332 AND SUPPLEMENT THERETO
RECORDED UNDER RECEPTION NO. AND AS DEFINED AND DESCRIBED IN
THE CONDOMINIUM DECLARATION FOR THE CHALETS AT THE LODGE AT VAIL RECORDED JULY
22, 2008, AT RECEPTION NO. 200815331 AND SUPPLEMENT THERETO RECORDED
UNDER RECEPTION NO. IN THE OFFICE OF THE CLERK AND RECORDER OF
EAGLE COUNTY, COLORADO.
ALTA COMMITMENT
Schedule B - Section 2
(Exceptions) Our Order No. V50014422 -6
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
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 theretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for
value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes or special assessments which are not shown as existing liens by the public records.
7. Liens for unpaid water and sewer charges, if any.
8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof.
9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 26, 1989,
IN BOOK 508 AT PAGE 595 AND IN PATENT RECORDED APRIL 26, 2006 RECEPTION
NO. 200610676.
10. ALL OIL AND GAS IN THE LAND SO PATENTED, AND TO IT, OR PERSONS AUTHORIZED
BY IT, THE RIGHT TO PROSPECT FOR, MINE, AND REMOVE SUCH DEPOSITS FROM THE
SAME UNDER APPLICABLE LAW, INCLUDING THE ACT OF FEBRUARY 28, 1925 (16
U.S.C. 486) AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 26, 1989 IN
BOOK 508 AT PAGE 595.
11. A PERPETUAL EASEMENT FOR PUBLIC ACCESS ON THE EXISTING MILL CREEK ROAD
(FOREST DEVELOPMENT ROAD NO. 710) TOGETHER WITH THE RIGHT TO RELOCATE SAID
ROAD AS RESERVED BY THE UNITED STATES IN PATENT RECORDED JUNE 26, 1989 IN
BOOK 508 AT PAGE 595.
12. A PERPETUAL EASEMENT FOR PUBLIC VEHICLE AND FOOT ACCESS ON THE EXISTING
ROAD FROM FOREST DEVELOPMENT ROAD NO. 710 TO SKI AREA FACILITIES AT ONE
VAIL PLACE TOGETHER WITH THE RIGHT TO RELOCATE SAID ROAD AS RESERVED IN
UNITED STATES PATENT RECORDED JUNE 26, 1989 IN BOOK 508 AT PAGE 595.
ALTA COMMITMENT
Schedule B - Section 2
(Exceptions) Our Order No. V50014422 -6
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
13. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT
RECORDED MARCH 30, 1998 AT RECEPTION NO. 650944.
14. TERMS, CONDITIONS AND PROVISIONS OF RECIPROCAL EASEMENT AND COVENANTS
AGREEMENT RECORDED JANUARY 29, 1999 AT RECEPTION NO. 685193.
15. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE FINAL PLAT OF MILL CREEK SUBDIVISION RECORDED NOVEMBER 6, 2000,
RECEPTION NO. 743366.
16. TERMS, CONDITIONS AND PROVISIONS OF FRONT DOOR DEVELOPMENT AGREEMENT
RECORDED JULY 27, 2006 AT RECEPTION NO. 200620331.
17. TERMS, CONDITIONS AND PROVISIONS OF USDA FOREST SERVICE EASEMENT RECORDED
APRIL 26, 2006 AT RECEPTION NO. 200610677.
18. TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT AND USE AGREEMENT RECORDED
NOVEMBER 13, 2006 AT RECEPTION NO. 200630880.
19. TERMS, CONDITIONS AND PROVISIONS OF LICENSE AGREEMENT RECORDED DECEMBER 17,
2007 AT RECEPTION NO. 200732787.
20. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE FRONT DOOR THREE DIMENSIONAL SUBDIVISION PLAT RECORDED MAY 15, 2008
AT RECEPTION NO. 200810199.
21. TERMS, CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION RECORDED JUNE 09,
2008 AT RECEPTION NO. 200812000.
22. TERMS, CONDITIONS AND PROVISIONS OF ACCESS AND SUPPORT EASEMENT AGREEMENT
RECORDED JULY 22, 2008 AT RECEPTION NO. 200815325.
23. TERMS, CONDITIONS AND PROVISIONS OF SPA EASEMENT AGREEMENT RECORDED JULY
22, 2008 AT RECEPTION NO. 200815326.
ALTA COMMITMENT
Schedule B - Section 2
(Exceptions) Our Order No. V50014422 -6
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
24. TERMS, CONDITIONS AND PROVISIONS OF WATER UTILITY EASEMENT RECORDED JULY
22, 2008 AT RECEPTION NO. 200815327.
25. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED JULY
22, 2008 AT RECEPTION NO. 200815330.
26. TERMS, CONDITIONS AND PROVISIONS OF SANITARY SEWER UTILITY EASEMENT
RECORDED JULY 22, 2008 AT RECEPTION NO. 200815329.
27. TERMS, CONDITIONS AND PROVISIONS OF GAS UTILITY EASEMENT RECORDED JULY 22,
2008 AT RECEPTION NO. 200815328.
28. 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 THE CONDOMINIUM DECLARATION FOR THE CHALETS AT THE LODGE AT VAIL
RECORDED JULY 22, 2008 AT RECEPTION NO. 200815331 AND SUPPLEMENT THERETO
RECORDED UNDER RECEPTION NO.
29. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE CONDOMINIUM PLAT FOR THE CHALETS AT THE LODGE AT VAIL RECORDED JULY
22, 2008 AT RECEPTION NO. 200815332 AND SUPPLEMENT THERETO RECORDED
UNDER RECEPTION NO.
NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION.
THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY
INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE
COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY
SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A
POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE
OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO
REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO
YOUR TITLE INSURANCE COVERAGE.
DRAFT
September 24, 2008
SUPPLEMENTAL DECLARATION
THE CHALETS AT THE LODGE AT VAIL
THIS SUPPLEMENTAL CONDOMINIUM DECLARATION FOR THE
CHALETS AT THE LODGE AT VAIL (this "Supplemental Declaration ") is made as of
, 200_, by THE CHALETS AT THE LODGE AT VAIL, LLC, a
Colorado limited liability company ( "Declarant ").
Recitals
A. Declarant executed that certain Condominium Declaration for The Chalets at The
Lodge at Vail, which was recorded in the real property records of Eagle County, Colorado (the
"Records ") on July 22, 2008 at Reception No. 200815331 (the "Declaration "). All capitalized
terms used in this Supplemental Declaration will have the meanings assigned to them in the
Declaration, unless otherwise specified. Concurrent with the recording of the Declaration,
Declarant also recorded the Condominium Map and Plat for The Chalets at The Lodge at Vail in
the Records on July 22, 2008 at Reception No. 200815332 (the "Map ").
B. Pursuant to Section 2.8(a) of the Declaration, Declarant reserved certain
Development Rights during the Declarant Development Period, including, without limitation, the
rights to construct and create additional Buildings, Units and Common Elements, and the right
under Section 2.8(b) of the Declaration to convert existing portions of the Common Elements
into additional Units, General Common Elements and Limited Common Elements.
C. Pursuant to Section 2.8(a) of the Declaration, the Development Rights apply to all
portions of the Property and may be exercised with respect to different portions of the Property at
different times, and the exercise of any Development Right in any portion of the Property shall
not obligate Declarant to exercise such Development Right in all or any other part of such
portion of the Property.
D. Pursuant to Section 2.8(b) of the Declaration, the specific Development Rights
which permit Declarant to convert existing portions of the Common Elements into additional
Units and Common Elements apply to those portions of the Property designated on the Map as
"Subject to Development Rights and Conversion into Units and /or Limited Common Elements."
E. The Declarant Development Period is still in effect, and Declarant now desires to
exercise some of its Development Rights pursuant to this Supplemental Declaration in order to,
among other things, create additional Buildings, Units and Common Elements, convert existing
portions of the Common Elements into additional Units and Common Elements, including the
conversion of portions of the Parking Garage into Limited Common Elements allocated for the
exclusive use of the Units within "Buildings One Through Five" (as defined below), and revise
Exhibit B to the Declaration in order to show the new Common Allocation for all of the Units.
F. In conjunction with this Supplemental Declaration, Declarant has prepared a
Supplemental Map depicting the Units, Common Elements and Buildings altered or created as a
828619.4
result of Declarant's exercise of its Development Rights pursuant to this Supplemental
Declaration.
Declaration
1. Creation or Alteration of Units and Common Elements Pursuant to
Section 2.8(a) of the Declaration, Declarant hereby creates those additional Buildings labeled as
Building Three, Building Five and Building Six on the Supplemental Map, which newly created
Buildings contain those Units labeled as Units 5, 6, 9, 10, 11, 12 and 13 on the Supplemental
Map. Pursuant to Section 2.8(b) of the Declaration, Declarant hereby alters those existing
Common Elements labeled as "Subject to Development Rights and Conversion into Units and /or
Limited Common Elements" on the Map into the new Buildings, Units and Common Elements
as shown on the Supplemental Map.
2. Units and Common Elements Subject to Declaration Any Unit or
Common Element created pursuant to Section 1 above is a "Unit" or "Common Element,"
respectively, under the Declaration, and is subject to all of the terms and conditions of the
Declaration.
3. Common Allocations Exhibit B of the Declaration is hereby deleted in its
entirety and replaced with the attached Exhibit B . As of the recording date of this Supplemental
Declaration, the Common Allocation for each Unit has been recalculated pursuant to
Section 2.8(a) of the Declaration, and are set forth in the attached Exhibit B .
4. Supplemental Map Pursuant to Section 2.8(a) of the Declaration, the Map
is hereby amended and supplemented by the Supplemental Map.
5. Additional Definitions Section 1.1 of the Declaration is hereby amended
by the addition of the following new definitions relating to the Buildings, Units and Common
Elements created by this Supplemental Declaration:
" "Building Six" means Building Six as depicted on the Map.
"Building Six Driveway" means the exterior driveway providing vehicular
access to the parking garages within Building Six. The Building Six Driveway is a Limited
Common Element allocated to the Units located in Building Six.
"Buildings One Through Five" means, collectively, Buildings One, Two,
Three, Four and Five, as depicted on the Map.
6. Parking Garage and Building Six Driveway
(a) Only the Units within Buildings One Through Five enjoy ingress
and egress to and from the Parking Garage, and only the applicable Units within
Buildings One Through Five have access to any given storage area or access hallway
within the Parking Garage. Only the Units within Building Six enjoy ingress and egress
828619.4 2
to and from and use of the Building Six Driveway. Building Six is, however, structurally
integrated into the remainder of the Condominium Project at the Parking Garage Level.
(b) The drive aisle providing access to each Parking Space in the
Parking Garage along with any mechanical components servicing the Parking Garage,
such as the automatic garage door, are Limited Common Elements to all Units within
Buildings One Through Five, and the Building Six Driveway is a Limited Common
Element allocated to the Units within Building Six. The mezzanine level of the Parking
Garage, which contains mechanical equipment servicing the entire Project, is a General
Common Element.
(c) The costs of maintaining the Building Six Driveway will be a
Limited Benefit Expense assessed solely against the Owners of Units within Building
Six. The costs of cleaning and operating the Parking Garage will be a Limited Benefit
Expense assessed solely against the Owners of Units within Buildings One Through Five.
7. No Further Changes Except as amended by this Supplemental
Declaration, the Declaration remains unchanged and in full force and effect.
[Signature on Following Page]
828619.4 3
IN WITNESS WHEREOF, Declarant has caused this Supplemental Declaration
to be executed as of the date first written above.
STATE OF COLORADO
COUNTY OF
DECLARANT
THE CHALETS AT THE LODGE AT VAIL, LLC, a
Colorado limited liability company
By: VAIL RESORTS DEVELOPMENT COMPANY,
Colorado corporation, as Managing Member
ss.
Keith Fernandez, President and COO - VRDC
The foregoing Supplemental Declaration was acknowledged before me this
day of , 200_, by Keith Fernandez as President and COO — VRDC of Vail
Resorts Development Company, the Managing Member of The Chalets at The Lodge at Vail,
LLC, a Colorado limited liability company.
Witness my hand and official seal.
Notary Public
My commission expires
828619.4 4
EXHIBIT B
COMMON ALLOCATIONS
9
10
11
12
13
Exhibit B
828619A