Loading...
HomeMy WebLinkAboutDocuments & Plans - 1987-2003Proiect Name: Proiect Descriplion: Contact Person and Phone Project Application Owner. Address and Phone: Architect, Address and Phone: Legal Description: Lot Filing Zone Comments: Design Review Board Date Motion by: Seconded by: Summary: .i( rt?,. , ln i- Town Planner a IaProject Application on qrt z o,/t ? Contact Person and Phone Owner, Address and Phone: Archilect, Address and Phone: Legal Description: Lot Block Filing Zone - Comments: Design Review Board Date Motion by: Seconded by: DISAPPROVALAfPROVAL ,/l -. i' Summary: E statt Approval a \Project Application o*" lD' B-61 €l-Proiecl Name: Proiect Description: Contact Person and Owner, Address and Phone: Architect, Address and Phone: Legal Description: Lot Block Filing Zone - Comments: Design Review Board Date Motio\E: Seconded by: APPROVAL DISAPPROVAL , | .t . | , /"\summary: tr *[:4 \+5v.-) fr.*u Approval I- at t b ht h tr t $r F hrt $ t ,t t f;t ftt$ -flfr u $ z.Lzq a)( ---- 'Zlott d mFrffiH :t- FhE |; E === 13 sY= IT Pr l=ql=FDHH is'Tr! F:9F ; vz= o F E: V *: = !,9,2 6z3 A!FiiI f o -l-m 8'z-t C)-{ x<>A T; Y> 2p 3<6s 3en 8p4i ;: -{oo>nt- Za nz>mon-l>orn :t =mo-{ €zm (- z m H H r-l HFz r-l tstr t_siio>'r- t- .< F ,. @'c, 7"t I t' I I 'Tl =z H Fz '-{mrm t; .t ! n A'5s' I Ho l€ 12Io l-nt< l= IH -n = H HFt- z 5' ! I NJ N) 6 l€ lzloI'lt<t> lF tm It, lz le I IlF|.)(, ,l 'n = F t- z -{ H l,Lrpo I ^;,J frj X]i') d{z : 7 m F) zI l'"r'}'.tz W H r_IX IrllIFt-lrdIH I t'i IHtn la) I I I s.F.5 I @ l- l€z 'r'l t- m z Y 9r5I I = tFFFi o E v, o = r F] s.+.\.J IN)...J o\ @ H tt, |l =Pl- m n P H = - I 1..)t\) f.J P m I ++' (ri :-\Y' ft \r.) + v\.) I ooz cn{F o =oz 'g lttF ={ eoEo loI o oo 3 3cf CL €g ott ol 9z =qm; l-' t13ot'-'olre Tlco <l-o I l- 'Tl9r =m =-{ -{o TD mx m!-{ oz(-o @ @- m tiFz(t) Hz F ,H I| .''W | ./". I I Tm7 =-l zo q€.lmIF =zz.a .z =(/, DelFl-tl zacr -l z i € t-t- .T' Jfio<I'H o (/, Xl,{ ?q ?E ffiqFU'Fl*'rt-,\ rz9 \ |i"" _rl 6)NF z^ 6!n9#F tonl.n =zc,.ic2oo<zFOO.f o 626= S b2.2oo o'n2z €otx F> N@= !oI5-<n< = F tFI Hzr tHr E (ctO-d3Eop.d5*g 8 +rt:- :o o-Q{{E6- 1*t' o:45 -.o 0t3 -- =.s g ioto Q dar staB= P +o s- de ! $ltd== -f +i; d 9.6o f. -roo+ 5i= e4e =ego,dr=< =JA=t s=j39 o-fox o: =.iid*A a'3 38dO-r!r (,(D=. o =o 0){ !t, o o, o ctc. d = o o Dooog f(o o { € .ti N 5' o5 <,, =:2. o(t, lolf(D lF 6'lz{l,- !rl; rt lsQ..o -o. HO =R@+cEE Itj (o FFofr9z €HrirH E a rir-l o.tl o€z m o ==amt-.I z IIm {z m t- m >;z =z t- m (, tl ._l |.J s.o\ z :FFo(t=Hr-zooi Az(nv '-m 6!?4 3Hz rn H -{o -l t- 1'mI =-t'Tl mm an @ - = m =-.1 Tmn = ='Tl mmu) VALUATION |Jl Cs\ +R\,"SS = ell =ijn -ll 3* a mil gi I -il9=o ,/'O -'- 1z:', - -j \- v# 3,-'O Y..a z', H nr.,' Ya n > il O+- [ :] I €;2 [ 9t z>m ll = mon fl -{ fl F{> [ m-{> mor il ar[-r @ lui azlo >r, I' - fF 'l l-{ nl€ lz\IO,\l' t'ni,l!-l= ^tmslo s 16' ;W!,1'( w Irt -J+9fm=li'-r^r>a UrnEo-i :i3 ie1 in=6 .t =ii=:r'--= o.<:3-{^ o rr|Ea^9;-: ><:;-: F -9iri >:O=-tr ,/\a \,/,s>3= .XXX c)oz(t) {nco =ozTmn3 -{ il mo'Tl m 3 i Foz t- =oT z C) r 3P z= z= =C)z AF,Pq- =.€:Yl ;T;Ee E;g ii .[gen Eco{E6' 'r- - =' ..-! O. <i- 6'= o o I (, O:al- Eo-E- ===;i-?$;:.=26 ot ior o sg: =rISaB =l(og=(, i1:3€( d5;i- r t5i le t-lat, I : = o llr'q € :c) m -rFllF =;lilj Eflii llri'alt ll4l\, r ll- lil | llerrll^ z>ll-9 R ll >igllEiglld* tili(,,6ll^zll C ll-/z l; llnlI llrlI ll:l lzt(ttclr =o 7 I ;l I ol 2l al l- m -{o<'rt !m{ o oI{ oz -!m anzmm m l<" 12 12t= t: qt :r o @ _-lz xzo il F o P.r1 ant2rg m t 6zp € x N-OiRd-m!O'>nZo:49 Oas 3i;EEoozz &\,;=" P6 1 ..-.F ? t,,pl*FIFl l-iI a\ 2 ei Ei 6t :l s€i; Fi I I :! ! Il-{ f>-l|-ITlm E-n m (n cg, m i x o m z m 2 ttl2oz m trl€ m lll z mm 3 an z c) I- (D m mc) 6 r- zo m.)x leltr- |tol G)l !l.nl 3l VALUATTON I lr€ r-l(DI a./, .+lrD .+ I c-|. (Dl- -s I E -rr'+r _5 .)3 =rtJJ crO o- r,': (, 0rf€. =^l)r<(^ -r1 | D )>:x tlJ -tt l, H!3 c!:r, >:+@tr.r- ;llrl 9l=oF !--to -tr =rn z !|- 3 = mf-mc) c) r- ) \ F @ ? 9zoz -{m(t . .EP ot -!lt {l-l I 1l'l ml =l cl t\ N"l'\ Yq')i \ \\l\lNI ,t I R l!1 ( l]N I-I T I ts$i v\l'q lu B F Itlld I lu l-( h D I FI KA lb B wfr sll lr F P1 BI I I I I x,!6mfr hrkr. oK8llFe--'-E- mI =-t{-o (D .-l h rt|m!'n -{.P o'= z rZ (IIa) u, --, Ja-n m -2.rflg\Nu(n -r A-gts- TI t- z.c, Eli|.F =Iotl!j-. PI328I-, , ,FPO ENT*to RECETVTNG PAGE: 1RloRr FPO NIIMBER : F1-9582 DATE RECEMDs 3/11,/03 REMARKS : REFI]ND CIJEAN UP DEPOSIT RECEII/ED BY: LC ENTEREDI 3/LL/03 8:39 BY: I,CAT'IPBEI-,L VENDOR: 0000001 - David Schermerhorn INVOICE NUMBER: 888-3s66 IIWOICE DATE: 3/LL/03 TNVOICE POSTED: 3/t!/03 8:39 BY: T.,CAMPBEL,L PAYMENT DUE: 3/11./03 AIVIOI]NT: $ 5O0.OO ACCOI]NT# PRO.]# AII{OI]NT ITEM DESCRIPTION 00100003194400 $ 500.00 REFIIND CI-,EAN UP DEPOSTT I hwn 75 soulh fronlege road Yail, colorado 8't657 (303) 476-7000 department ot publlc works/transponatlon TO: FROM: DATE: RE: In sumurary, Ordinance No. 5 states that lt is uolawful for any person to lltter, track or deposit any soil, rock, sand, debrls or material, lncludlng trash dumpsters, portable toilets and worknen vehicles upon any street, sidewalk, alley or public pLace or any portion thereof. The right-of-r^ray on all Town of VaLl streets and roads ls approxinately 5 ft. off pavement. This ordinance will be strictly enforced by the Town of Vai-l Publlc lJorks Department. Persons found violatlng thls ordinance w111 be given 24-hour written notl-ce Co reBove said material. In the event the person so notifLed does not conply lsith the notice within the 24-hour tirne specified, the Public Works Department will remove said material at the expense of person notified. The provisions of this ordinance shall not be applicable to constructlon, maintenance or repair projects of any street or alley or anyutllities in rhe rlght-of-way. To review 0rdinance No. 6 in full, please stop by the Town of Vail Building Departnenc to obtal-n a copy. Thank you for your cooperation ln this matter. Read and Acknowledged by: \ DaE e VAIL1989 MEMORANDW ALL CONTMCTORS CIIRRENTLY REGISTERED }'ITH THE TOWN OF VAIL TOWN OF VAIL BUILDING DEPARTMENT MARCH 16, 1988 ORDINANCE NO. 6 oo (twft One ilppe,< fr 513.45 sqq 4 z?ior^ ffi,85o y: Q^@lt'fufts,n@lototw'tsn' ?*.\\,g -1 *,u* 4 Gearv< no F t--'-'-'--''- @ Q<*"y e //P'r"(ure7o7e,e.s 4115E,F,/ A$ztf oo r{qc7.oof il.ro.ou / €,t/e,< .3o x /{3e .4/# =fgs-o.rt Ore, .3o 2/3c,C/F =w6 77, oo - 3oo'00 4* &g"2e J7 hun 75 soulh lrontrge road Yail, colorado 81G57 (303) 47$'2138 (303) 47$213!) oflice ol conrmunlty developrnsrl February 27, 1990 Mr. John Nilsson Vacation Properties 286 Bridge Street VaiI, Colorado 81657 Re: victorians Dear John: I understand that you are requesting a fj-naI certificate of ocsupancy for the Victorians. In checking our files and in speaking with Rick $zlman, we find that a gazebo was proposed for the open space near the center of the grouping of homes. This gazebo was approved as part of the final landscaping plan by the Design Review Board. If you wish to elininate this gazebo, hle request that you present, written approval of all the owners of the Victorians and tlren apply to the Design Review Board for approval . When we trave received the Ietters and the proposal , we wiJ-l schedule you for a Design Review Board meeting. a If you have any further questions about this project, please do not hesitate to caLl. Sincerely, MrAl"'-lPlanning Technician cc: Kristan Pritz l?i'li'fl,J1;ffi lTf,ii 8".;'3:,ete berore O /Please check orr in the box provided. ((fflL4 FINAL INSPECTION' S COI,,IPIETEg DATE: 3re L rJpft + FINAL ELECTRI CAL DATE: tl FINAL BUILDING DATE: TEMPOMRY C of 0 DATE: CERTIFICATE OF OCCUPANCY DATE: t- / r(.Le-0 . Lt--t /.tt/cch^ t,l7t/rz. . r*r..'2,qr,0rto,o'/6 uJ43 ^rr 7c/ /-'-<- ft'Jry, , h. '| ' lf ttlaa n" t*/^t +ff.cfr.' FINAL INSPECTION'S COMPLETED The belor items need to be complete before giving a permit a final C of 0. Please check off in the box provided. FINAL PLUMBING FINAL MECHANICAL ELECTRI CAL FINAL BUILDING CERTIFICATE OF OCCUPANCY TEMPOMRY C of 0 ffirti" r PERMIT NUMBER OF PROJECT a SPE REQUEST VAIL IN onre l t r. iD JoB NAME I READY FOR INSPECTION: LOCATION: WED THUR BUILDING: tr FOOTINGS / STEEL PLUMBING: D UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER D FOUNDATION / STEEL D FRAMING - ROOF & SHEEB " PLYWooD NAILING tr GAS PIPING tr INSULATION tr POOL i H. TUB tr SHEETROCK NAIt tr FINAL ELECTRICAL: D TEMP. POWER MECHANIGAL: O HEATING tr EXHAUST HOODS CONDUIT tr SUPPLY AIR O FINAL PPROVED .-CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED /' I INSPECTOR a SPEPERMIT NUMBER OF PROJECT : ..' t'DATE .1 I. U JOB NAME CTION REQUEST TOWN OF VAIL IN cALleR *1t FRREADY FOR LOCATION: MON ,TUES WED THUR BUILD.JNG:PLUMBING: E"fOOTINGS / STEEL tr UNDERGROUND tr ROUGH / D,W.V. tr ROUGH / WATER tr FOUNDATION / STEEL tr tr tr tr tr tr FRAMING ROOF & SHEER PLYWOOD NAILING tr GAS PIPING INSULATION SHEETROCK tr POOL / H. TUB NAIL tr FINAL tr tr FINAL ELECTRIGAL: tr TEMP. POWER MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR tr tr u FINAL tr FINAL tr DISAPPROVEDAPPROVED , CORRECTIONS: tr REINSPECTION REQUIRED tNtqotrr\Tr\arrt\JF tr\,, I re, n r/ , r r!- -r-DATE o INSPECTION REQUEST TOWN OF VAIL AM PM PERMIT NUMBER OF PROJECT DATE JOB NAME CALLER READY FOR INSPECTION: MON TUES WED THUR FRI LOCATION: BU!LDING: tr FOOTINGS / STEEL PLUMBING: T] FOUNDATION / STEEL tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATERO FRAMING 11 ROOF & SHEER- PLYWOOD NAILING tr GAS PIPING tr INSULATION tr POOL / H. TUB tr SHEETROCK NAIL tr O FINAL tr FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR tr o O FINAL tr FINAL tr REINSPECTION REQUIRED INSPECTOR nu,L 4 , INSPECTION: ECT JOB NAME C CALLER tr DISAPPROVED INSPECTION REQUEST TOWN OF^VAIL \l Ctt.el t/, tr REINSPECTION REOUIRED PERMI DATE READY FOR LOCATION: BUILDING:PLUMBING: fiorlr.rcs / srEEL - E FOUNDATION / STEEL tr UNDERGROUND O ROUGH / D.W.V. tr ROUGH / WATERtr o tr tr tr tr FRAMING ROOF & SHEER PLYWOOD NAILING tr GAS PIPING INSULATION SHEETROCK tr POOL / H. TUB NAIL tr FINAL o tr FINAL ELECTRICAL: tr TEMP. POWER MEGHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR tr tr tr FINAL tr FINAL tr APPROVED CORBECTIONS: INSPECT PERMIT NUMBER OF PROJECT DATE READY FOR LOCATION: INSPECTION: , rNilrcJ,t*oN, $FouEsr ,.t, ( i .,JOB NAME CALLER MON TUES BUILDING: tr FOOTINGS / STEEL PLUMBING: D UNDERGROUND FOUNDATION/STEEL T-."Y _ DROUGH/D.W.V.t=*-- FRAMING O ROUGH / WATER ROOF & SHEEB PLYWOOD NAILING tr GAS PIPING INSULATION O POOL / H. TUB SHEETROCK NAIL tr FINAL ELECTRICAL: tr TEMP. POWER tr HEATING tr EXHAUST HOODS CONDUIT tr SUPPLY AIR tr FINAL PROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED DATE INSPECTOR I REQUEST VAIL rNs+JJ*oN, PERMIT NUMBER OF PROJECT , JOB NAME INSPECTION:MON CALLER TUES WED THUR AMFRIREADY FOR LOCATION: BUILDING: tr FOOTINGS / STEEL PLUMBING: E UI{DERGROUND .* tr FOUNDATION / STEEL tr ROUGH / D.W.V. tr ROUGH / WATERtr FRAMING - ROOF & SHEERu PLYWooD NATLTNG tr GAS PIPING D INSULATION tr POOL / H. TUB D SHEETROCK NAIL tr FINAL E FINAL ELECTRICAL: tr TEMP, POWER MECHANICAL: tr HEATING ROUGH tr EXHAUST HOODS CONDUIT tr SUPPLY AIR B FINAL PPROVED ]D DISAPPROVED tr REINSPECTION REQUIRED / CORRECTIONS: INSPECTOC'DATE OF PROJECT rNS$toN REouEsr TOWN OF VAIL t*JOB NAME MON CALLER ruES wED t"rr f!) ffil r"READY FOR LOCATION: INSPECTION: BUILDING: D FOOTINGS / STEEL PL o tr tr tr tr tr UMBING: tr FOUNDATION / STEEL UNDEBGROUND ROUGH / D.W.V. ROUGH / WATERtr FRAMING n ROOF & SHEER" PLYWOOD NAILING GAS PIPING tr INSULATION POOL / H. TUB tr SHEETROCK NAIL tr FINAL tr FINAL - ELECTRIGAL: tr TEMP. POWER MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS tr SUPPLY AIR tr E FINAL \ T tr DISAPPROVED tr REINSPECTION BEQUIREDAPPROVED CORRECTIONS: DATE INSPECTOR rNsicrroN REeuEsr TOWN OF VAIL DATE JOB NAME INSPECTION:MON WED THUR FRI CALLER TUESREADY FOR LOCATION: 'AM PM BI tr tr \l tI l tr D tr o UILDING:PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. FOOTINGS / STEEL FOUNDATION i STEEL FRAMING tr ROUGH / WATER ROOF & SHEER PLYWOOD NAILING tr GAS PIPING INSULATION SHEETROCK tr POOL / H. TUB NAIL D tr tr FINAL tr FINAL ELECTRICAL: O TEMP. POWER MECHANICAL: I,''it" 'l \. ^','/-,-5EEE= '*- - r;' -. , -,r-. O EXHAUST HOODStr o D ROUGH CONDUIT tr SUPPLY AIR n trtr FINAL FINAL g{neeaoveo CORRECTIONS: tr DISAPPROVED O REINSPECTION REOUIRED oarc tl l-'r l';(i' rNSPEcroR lr rNslctoN REeuEsr TOWN OF VAIL DATE - JOB NAME CALLER READY FOR LOCATION: INSPECTION:.MON TUES WED THUR FRI AM PM PERMIT NUMBER OF PROJECT BUILDING: tr FOOTINGS O FOUNDATI N FRAMING / STEEL PLUMBING: tr UNDEFGROUND EI ROUGH / D.W.V. O ROUGH / WATER ON / STEEL ,- ROOF & SHEER" PLYWOOD NAILING D GAS PIPING tr INSULATION tr SHEETROCK tr POOL / H. TUB NAIL tr E tr o tr FINAL FINAL ELECTRIGAL: tr TEMP. POWER MECHANICAL: tr HEATING tr EXHAUST HOODS n o tr tr SUPPLY AIR FINAL tr fI FINAL O APPROVED CORRECTIONS: O DISAPPROVED tr REINSPECTION REQUIRED DATE INSPECTOR ,*tl"toN REouEsr DATE READY FOR LOCATION: JOB NAME MON CALLER TUES THUR 6D , r - -) \\\ PERMIT NUMBER OF PROJECT OF INSPECTION: BUILDING: tr FOOTINGS / STEEL tr UNDERGROUND - tr FOUNDATION / STEEL tr ROUGH / D.W.V. tr ROUGH/WATERtr FRAMING - ROOF & SHEER " PLYWooD NAtLtNG tr GAS PIPING tr INSULATION tr POOL / H. TUB tr SHEETROCK NAIL tr FINAL ELEGTRICAL: tr TEMP. POWER O HEATING O EXHAUST HOODS T] CONDUIT tr SUPPLY AIR tr FINAL APPROVED/1 CORRECTIONS: O DISAPPROVED tr REINSPECTION REQUIRED oo DtrFMRTMtrNT @tr trtrMMUN[TV DtrVtrL@FMENT slz Nz s7 N? N? \82 N?7N zS ZS ZS ZS ZS AS SALES ACTION FORM \12 \? \12 \t'2 N12 N? \n2 =F 5e =iF ctF GrF Gr= e-?rJ\ "t\ 711\ 7rr\ aN AN AN ACCOUNT # TOTAL AMOUNT 01 0000 41330 COM. DEV. APPLICAT]ON FEES 01 0000 41540 ZONING AND ADDRESS MAPS 01 0000 4241s 1988 UNIFORM BUILDING CODE 01 0000 42415 1988 UNIFORM PLUMBING CODE 1 0000 42415 1988 UNIFORM MECHANICAL CODE 01 0000 42415 1988 UNIFORM FIRE CODE 1 0000 42415 1987 NAT'IONAL ELECTRICAL CODE 1 0000 42415 OTHER CODE BOOKS 01 0000 41548 BLUE PRTNTS (MY-ARS) 01 0000 42412 xERox coPtES / STUDTES 'l 0000 42J71 PENALTY FEES / RE_|NSPECTION 01 0000 41322 oFF H oUR s tN.:l E,c-tgry.FFE CONTRACTORS UCENSES FEES 0t 0000 41330 0l 0000 41413 SIGN APPLICATION DATE - ,*!h"toN REeuEsr TOWN OF VAIL= \ : I,'.\ ,' JOB NAME INSPECTION:MON TUES'. WED CALLER READY FOR LOCATION: THUH FRI AM '/ -' \PM PERMIT NUMBEB OF BUILDING:PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. O ROUGH / WATER tr tr FOOTINGS / STEEL FOUNDATION / STEEL tr FRAMING tr ROOF & SHEER PLYWOOD NAILING O GAS PIPING b. trusuurroN tr POOL / H. TUB w tr €HEETROCK NAIL tr o tr FINAL tr FINAL ELECTRICAL: D TEMP. POWER MECHANICAL: O HEATING tr tr D ROUGH D EXHAUST HOODS CONDUIT tr SUPPLY AIR tr FINAL tr FINAL tr APPROVED -CORRECTIONS: tr DISAPPROVED D REINSPECTION REQUIRED ''.-.i' truspecron ./.' c,)_l"i*\ PERMIT NUMBER OF PROJECT\ \ '\r', \ DAIE\-*---\- -- JoB NAME READY FOR LOCATION: INSPECTION: CALLER MON TUES WED THUF 9 , / ^t IY- (!o t^/ INSPECTION REQUEST TOWN OF VAIL BUILDING: PLUMBING: E FOOTINGS / STEEL tr UNDERGROUND tr FOUNDATION / STEEL tr ROUGH i D,W.V tr FRAMING tr ROUGH / WATEB n ROOF & SHEEB " pLyWOOO NA;L'NG tr cAS ptptNc tr INSULATION . tr POOL / H. TUBr F FssHEErRocK NAIL &- tr - tr FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT O SUPPLY AIR tr FINAL tr DISAPPROVED tr REINSPECTION REQUIRED CORRECTIONS: ) SPE REQUEST VAIL DATE READY FOR LOCATION: CALTER ,-.\-.'...TUES ',WED THUR ONNOF -\* crl TOW I NAME MON FRI AM PM PERMIT NUMBER OF -\\--\]. .,o, BUILDING: tr FOOTINGS tr FOUNDATI tr FRAMING PLUMBING: tr UNDERGBOUND ON / STEEL - tr ROUGH/D.W.V. tr ROUGH / WATER n ROOF & SHEER- PLYWOOD NAILING tr GAS PIPING tr INSULATION tr POOL / H. TUB SHEETROCK NAIL O HEATING tr EXHAUST HOODS tr SUPPLY AIR tr FINAL tr APPR tr DISAPPROVED *fi EINSPECTION REQUI RED CORRECTIONS: oor, ,/ - -/r - lf ? rNSPEcroR --j-= - ,"rII"toNTOWN OF REQUEST .VAIL JOB NAME CALLER ES WED THURREADY FOR INSPECTION: LOCATION: BUILDING: tr FOOTINGS / STEEL PLUMBlNG: tr FOUNDATION / STEEL tr UNDERGROUND tr ROUGH i D.W.V. tr ROUGH i WATERtr FRAMING - ROOF & SHEER' PLYWOOD NAILING tr GAS PIPING tr INSULATION tr POOL / H. TUB tr SHEETROCK NAIL n tr tr FINAL D FINAL ELECTRICAL:MECHANICAL: tr TEMP. POWER tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR--;':--"1-n iornsmlt \6n OJ \ "rtV !U0( \'r(N . tr FINALO FINAL neeaoveo .1 tr DISAPPROVED D REINSPECTION REQUIRED CORRECTIONS: DArE ,' - -.;' C - (YP rNSpEcroR t 13,32 LOT 3 030.?13 292-7'T |1,/i;r[i, ;lt \ ) tl' ';: '1( rI '.,LoT 3 3 t,/ l i.,' t''l'' I'. '... t ''I i ''.' I 'll '' t.''.; /t,' / / , 6/oc/, 4,d + + FN$ J I(tss /tnf\ t\ L',s$ I n"\]. r 7.q l_r"1ap:ti>Jt "$qal"i 5q YONS GROUP | ' 1.,'t i r I\ /t / ,t r. Ir' l 16:26 P.01 E4^-'^-r{,Mb,. \ cONC.. * WALL L01 7 o:,t1(t f". C.o 1) /-?"t- %r',.' "l PARCEL /Tf"qd c.re 'oJ :!- tt^at'l,O'* 16.7 r o\ eo b;t, o4 o +AJ d \J '*f/':12 SLAA EL€ V.: Al t 5. !' p€Ax ELEV : A.gg.O ? sloRY rrousf L f (ii ( ot; H,;: \. o R\ s $s-{i \,J =a J \, *J Ricll FiIeman Pl anni n-q Dept . -l t:wn of Vai I Vail, Cal.orado Rr*: Uni t #1 - Vi ctnri *ng art Vai I Dear Fti c !r . t'ili tfr the qc,od recepti nn wp have had to t:l-rr {irst twct "Victsriang *t V;ri I " ! l,{ s ilre getting ready to gl:art ancther one. Iti,ck, tfris letter and ther *ttactred set u4 plans are the {ol low-urp on oLlr telephane conversation t:n l*londay when wtr disclrgsed getting tirig sutbmlgsion in {or the, l.lay 18th Desiqn Revie*w Etoard meeting. lhe architectg,' bJol.{e 3r Lyt:ns., are senrJirrq the cc:lor scheme di rectl y to Jnhn hli I gson and he wi I I trri ng i t ove'r to yt:t.l as soc:nas he recei. ves it" Ri qht now oLrr p I an i s tn -qo *hectd and purt sl I three f onndat-i ong in {cr the bslarrce s.f {:t're utni ts in ttre praject, andttrig "Unit #1" is trne m{ thnse lrnits. The: architectg are workingt)r-t t-fre ot-her two r-rnits and we hape to gubmit thoge as 6ocrn agpossible" It ig sutr rJer;i r* tr: e:lcavahe ancl purt the {oundationgin fcrr the remaining hct-rses in .Ir-rrre, trhich wilL ttrerr allr:w us to rorrpl ete qradingn pavinr:1 ,, arrd cJ.eaning Llp the nrrtire siite go a*to cr-e*ate as 1 j. ttl e f r-rturre rli srlr;:ti. cln tr ttre sli ter and present own*r'E. " Thankg {ar yourr cr:nperati on and i { ynr-r have iiny I:l ease cal l me. qurest i onr", Sii ncerel y,O^^;1fu Davi d Sctrerme-'rhorn 1S 1& $everrte'ent fr St. I]enver ! [o" H ti:]I 6:;18-3:i 7u ORDINANCE NO. 30 Series of 196/" AN.ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT, Crruowru AS spEcIAL DEVELopMENT DISTRIcT No. t&. VICToR.IAN AT VAIL) AND THE DEVELOPMENT PLAN IN TSCORONruCT WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE IN SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 18.40 of the Vail Municipa1 Code authorizes special development districts within the town; and I.,HEREAS, the WSN Partnership has submitted an application for a special development approval for a certain parcel of property wjthin the town known as Lot 2, Block 3, Bighorn 3rd Subdivisjon to be known as Special Development District No. 18; and WHEREAS, the establishment of the requested SDD lewill insure unified and coordinated development within the Town of Vail in a manner suitable for the area in which it is situated; and l,lHEREAS, the Planning and Environmental Commissjon has recommended approval of the proposed SDD ; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficia'l to the town and its citizens, inhabitants, and visitors to establish such Development District No. 1S NOt,l, THEREFORE, BE IT ORDAINED BY THE TOI,JN COUNCIL OF THE TO}JN OF VAIL, COLORADO, THAT: 1. Amendment Procedur Pl ann inq Commission Reoo The approva'l procedures prescri bed in been f u'l f i'l I ed, and the Town Counci l Envi ronmental Comrni ss i on recommending SDD 18. Chapter 18.40 of the Vail has received the report of approva'l of the proposed Municipa1 Code have the P'l anni ng and development plan for Sectjon 2. Special Development District 18 Special Development District No. 18 (SDD 18) and the development plan therefore, are hereby approved for the development of Lot 2, Block 3, Bighorn 3rd subdivision, within the Town of Vail consisting of 0.953 acres. Sect'i on 3. Purpose Special Development Distrjct No. 1.8 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Councjl and meets all design standards as set forth in Section 18.40 of the Munjcipal Code. As stated in the staff memorandum dated August 10, 1987, there are signif.i cant aspects of Special Development District No. 18 which are difficult to satjsfy through the imposition of the standards of the residential cluster zone district. SDD 18 a'l lows for greater flexibi1ity in the development of a cluster ,i ..- subdivision ifr would be possib1e under the current zoning of the property. Bu.i lding envelopes will be established whjch designate the area as upon the site in which development wj lI occur. The establishment of these buj lding envelopes permits the subdivision of these units,trh+#;-1*ts-'the developer to carry out the concept of SDD 18. Section 4. Development Plan A. The development plan for SDD 18 is approved and shall constitute the plan tcr for development within the Special Development Distri ct. The development plan is compr.i sed of those plans submitted by the WSN Partnership and consists of the following documents which wilI be fjnalized at the major subdivisjon final pl at rev i ew. 1. Preliminary plan the victorians at vail dated August 7,1987 Steven K. Scott Colorado Registered Professional Land Surveyor' 2. Topographical survey Lot 2, Block 3, Bighorn subdivis'ion 3rd addition steven K. Scott colorado Registered Professjonal Land Surveyor. Architectural and desisn pl9n9 tr!ry!!11 bv the Architrl$or Desisn Group dated 5/LB/B1 that consist of sheets--l t;r*gh s.*'Wergeneral submittat documents that defjne the development standards of the Specia1 B.The development plan shall adhere to the following: Acreage The total acreage of the site is 0'953 Permitted Uses The permitted uses for the site are proposed to be: a. Single-family residentia1 dwellings b. 0pen space c. Public and private roads r. /trr e.dod-q"'?lc VL^ ]41,||.J U, tta- -4'cl"' *"Lt ilet'1a GL.r , d.l.nd dp-1,o7, Conditional Uses a. Publ i c uti 1 i ty and publ i c servi ce uses b. Public buildings, grounds and facilitjes c. Publ i c or prj vate school s d. Public park and recreation facilities e. Private clubs 4. Accessory Uses a. Private greenhouses, toolsheds, playhouses, attached garages or car ports, swimmjng pools, patios, or recreation facjlities customarily incidental to single-fami'ly res'idential uses. b. Home occupations, subject to issuance of a Home 0ccupation Permjt jn accordance with provisjons of sections 18.58.130 through 18.58.190; c. 0ther uses customari'ly incidental and accessory to permitted or condjtional uses, and necessary for the operation thereof 5. Development Standards Proposed development standards are as follows: a. Lot area not applicablerbui lding envelopes govern, 8ui lding envelopes 1. .080 Acre 2. .080 Acre 3. .080 Acre 4. .080 Acre 5. .080 Acre Common Area and Open Space 6. .553 Acre 6. Setbacks Minimum setbacks for the location of structures from the exterior property lines of Lot 2, Block 3, Bighorn 3rd shall be twenty (20) feet from the front property line fjfteen (15) from the side and rear. Setbacks from the platted building envelopes shall be five (5) feet. Roof over hangs and decks may encroach half way into thjs required setback. 7 . Dens ity Maxjmum of five single-family structures shall be allowed in accordance with the development p1an. One single-family structure shall be allowed within each of the designated building envelopes. A tota'l gross residential floor area attributed to the project shall be 9,000 square feet. 8. Site Coverage Not more than twenty-five (25) percent of the total site area of the Special Development Distri ct shall be covered by buildings. 9. Buildjng Heisht Building height shall not exceed thirty-three (33) feet. 10. Parkins Two parking spaces shall be provided per unit wjth one of the two spaces to be enclosed. 11. Landscapi ng The entire portion of the building envelope not covered by pavement or buildings shal'l be landscaped as well as any areas outside the building envelope disturbed during construction. lZ. Design Guidel ines The architectural design of the bui'l dings constructed on site shall be controlled by the development plan submitted as a part of the Special Development District. Minor changes to this architecture may be approved by the Design Review Board. 13. Recreation Amenities Tax Recreation Amenities Tax shall be .30 per square foot as is consistent with the residentia'l cluster zone district. 14. Protective Covenants Prior to major subdivision final p'l at approval , the developer shal 1 file protective covenants on the land records of Eag'l e County which will provide for the formation of a homeowners or condominium association. These covenants shall include provisions providing a vehicle for financing of common improvements and maintenance. These covenants shall also provide for equitable distribution of any available GRFA that may be util ized for further construction on this site. Section 5. Anendments Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regular'ly scheduled public hearing in accordance with the provisions of Section 18.66.060. Amendments which do change the substance of the development plan shal 1 be required to be approved by Town Council after the above procedure has been followed. The Community Development Departrnent shall determine what constitutes a change in the substance of the development p1an. Section 6. Expiration The applicant must begin construction of the Special Development District within 18 months from the time of its fina'l approval, and continue diligently toward the completion of the project. If the applicant does not begin and diligently work toward the completion of the special development district or any stage of the spec'ial development district wjthjn the time limits imposed by the preceding sub- sect'ion, the P'lanning and Environnental Commission shall review the special development district. They shall recommend to the Town Council that either the approval of the special development district be extended, that the approval of the special development distrjct be revoked, or that the special development district be amended. Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance js for any reason held to be invalid, such decision shall not affect the va1 idity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared inva'l id. Section 8. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any vjolation that occurred prior to the effective date hereof, any prosecution comnenced, nor any other actjon or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby sha'l I not revjve any provision or any ordinance previously repea'l ed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST 1987, and a public hearing shall be , 1987 at 7:30 P.m' in the Bui l di ng, Vai'l , Col orado. Ordered published in fulI this ATTEST: THIS day of this ordinance on the Chambers of the Vail READING held on Counci'l day of Muni ci pal Pamela A. BrandmeYer, lown ulerK INTRODUCED, READ AND APPROVED this ATTEST: day of , 1987. ON SECOND READING AND ORDERED PUBLISHED day of , 7987. Pamela A. Brandmeyer, fown clerK ffiM6 Warffi *rtlAtv D* Tail AWI+T oN% twY 6T 76 eil zo a,Jn nc In |A&E Fhir-lT J..lilM aw€, ET A+Hc lv ur n4 oA "n et 14 trT 7h ET <+ET 1Q orl v3 \) ...+"rrtt,- qf i tV{O 'L-i -r Viele stated that the total Golden Peak area was deficient inparking and pointed out that the childrenrs center would beusing 45 empl-oyees. Diana asked if the children,s centerwould be used in a siniJ-ar way in the sunmerr and Hunn repliedthat it would. Diana rnoved and Peggy seconded to recommend approval to amendthe Ski Base/Recreation district with the followingconditions: 1. That VA contribute 5Ot of the cost of construction of acolored concrete walkway frorn the Ramshorn property to theexisting llanor Vail walkway. Town of VaiI rrill also be a 508 partner. 2. That the Design Review Board review the concerns of thestaff regarding the pedestrian circulation and walkwayareas of the bus stop regarding colored concrete orpavers. 3. That the Town of Vail and Vail Associates study the totaltraffic situation between the Ramshorn and Ski CIub Vailprior to construction of the chil-dren,s center. The vote (Hopkins was 5 in favor, none against, vith 2 abstaining, and Hobbs) entation of the finat lat fororn Road.WSN P Rick {zlrnan explained that this application, Special Developrnent District #18, received final approval fron the TownCouncil in August of L9A7. crant asked about the overheadwires possibly being buried in the near future. Rick repliedthat they had talked about getting together with ottrer property ort/ners concerning burying the lines, but could not acconplishthis and this was not a requirement for final approval. He added that the electric lines on this property wereunderground. John Nilsson, applicant, added that they tried tobury the power lines, but couldntt get Holy Cross toparticipate. Rick added ttrat they had hoped to have the lineburied itt tne way to Pitkin Creek Park Condos. Diana wondered if it would be appropriate for the Town Councilto write a letter to Holy Cross. Rick said that it would be,and that this was not the only area that was of concern to theTown. Peggy asked about the bike path and Rick said they werenot required to build one. Bryan rnoved and Diana seconded to approve the final plat. Thevote was 7-O in favor. 4. L Victori FIRST BANK DATE: AI{OUNT: NUMBER: EXPIRATION DATE: July 14, 1988 Mr. Ron ehillips Town of VaiIP. O. aox 100VaiI, CO 81658 Dear Ittr. Phi11ips, we hereby open our IRREVOCABLE COIIil{ERCTAL LETTER OF. CREDIT inyour favor available by your drafts drawn on on First Bank ofEagIe County,245 Broadway, nagle, Colorado 91531, at site forany sum not exceeding the total of Twelve Thousand and noll 00dollars ($12,000.00) on the account of williams Realty Corp. Each draft must bear upon its face the clause "DRAWN UNDER LETTER OF CREDIT NO.114, DATED MARCH 9, 1988 OF FIRST BANK OF EAGLE COUNTY, EAGLE, COLORADO. The arnount of each draft which is negotiated pursuant to thiscredit, together with the date of negotiation nust be endorsedon the reverse side of this Letter of Credit. Each draft rnustbe acconpanied by a statenent executed by the Town Managerstating the following: Lots 4 and 5, the Victorians at vail, a resubdivision ofLot 2, BJ-ock 3, Bighorn Subdivision, Third Addition, Townof Vail. Copies of invoices for nonies expended to conplete the inprovernents pursuant to the terms an conditions of the abovereferenced Improvenent Agreement shall also be enclosed $rith OF EAGLE COUNTY IRREVOCABLE CO}IMERCIAL LETTER OF CREDIT l4arch 9, 1988 $12,000.00 114 p. o. Box 567, EAGLE. COLORADO 81631 / TELEpHONE (303) 328-6361 such statement. we hereby agree that drafts in the amount ofsubnitted invoices drawn under this Letter of Credit and in compliance with the terms shall be pronptLy honored ifpresented to First gank of Eagle County on or before July 14, 1988. this credit is subject to the "Uniforn Customers and Practicefor Documentary Cretlit (1983 Rev.), International Chanber of Commerce Publication No. 400." Sincerely, JWJ: jn J. 'W. itohnson President RESOURCE CE}ITERS IN METROPOLITAN AREAS: Chicago Dehoil Milwaukee Minneaoolis BRANCHOFFICESIN VACATION AREAS OF: Cblorado Michigan Minnesota Wisconsin $B , 0oo. 0o 4 , 000. 00 February 25, 1988 Mr. Rick Pilenan Town of Vail VaiI, Colorado 8L657 Re: Subdivision Improvements Agreement The Victorians at Vail Dear Rick: Per the subdivision requirements we will be subrnitting a Letter of credit in the amount of $l-2,oo0.oo to insure completion of landscaping of units #4 and #5 as well as paving of the entire driveway called Victorian Circle. These improvenent expendatures are broken down as follolrs: Paving of Victorian Circ1e (per bid) Completion of landscaPing $12,ooo.oo cerely, ohn F. Nilsson, wsN Partnership VACATION PR0PERTIES NETW0RK . 0082 E. Beaver Creek Blvd. . Drawer 917 . Avon, C0 81620 . (303)949-4560 . 286 Bridge Street . Vail, C0 81657 . (303) 4764854 Denver Toil Free: 831-0200 Ianning I Cornmiss ronTO: PI FROM: DATE: and Environmental Conmunity Development Department February 8, 1988 SURTECT: Presentation of final plat, Victorians at VaiI The Victorians at-Vail development, zoned as SpeciatDeveJ-opnent District #fA, received final approval from the Towncouncil on August 1987. The Victorian devElopment net everyaspect of the underlying Residential cluster zone district, thereason it was taken through the speciar Development oistrii:tprocedure was to facilitate the subdivision of the units. However, the tlpe of development, utilizing single familyhouses, negated the ability to utilize a townhorjse orcondominium type of subdivision procedure. The resultantparcels of ground under the single famiLy houses would not havemet the rot size requirements for the Residentiat cluster zonedistrict. The utilization of the special Development Districtzone allows us to proceed through a major subdivision withoutcreating nonconforming 1ot sizei. The.applicant has subrnitted the final plat, which has beenreviewed by the Public Works and Community-DevelopmentDepartments. rt is technicarly correct and complele. Theapplicant has submitted proof of instarration ind courpletion ofthe_majority of the reguired subdivision inprovements,including water, sewerf gas, erectric and olher ,tti:-iiier. Theapplicant has arso submitted a letter of credit to cover theremainS-ng reguired improvements including randscaping ana----pavl{r9. The pubric works Department wili review fnil r"tter ofcredit for its agegulcy and upon approval of this retter, wewill- present a prat to the chlirnan of the planning connissionfor his signature. chapter L7 -L6. r-r.0 outrines pEc review criteria for thissubdivision. The paragraph reads as follows: rrrhe burden 9f proof sharl rest with the applicant to showthat the application is in conpriance vith-ihe intent andpurposes of this chapter. the zoning ordinance, and otherpertinent regurations that the pEC 6eems apprilJie. Dueconsideration shall be given to the reconmendations madeby public agencies, utirity companies and other iqenciesconsulted under 17.16.09. pEC shall review theapplication and consider its appropriateness with regardto Town of Vail policies relating Lo subdivision contror, densities proposed, regulations, ordinances andresolutions and other appricable documents, environmentalintegrity, and cornpatibility with the surrounding landuses. rr STAFF RECOMMENDATTON staff recomrnendation is for approvar of the major subd.ivisionfor the Victorians at Vail Special Development District.Although forrnal approval will take place at this meeting, thestaff will not present the plat to the chairrnan of the FianningConmission for his signature until the final technicaldocuments are approved by the public Works Department. \ PUBLTC NOTICE NOTICE IS HEREBy cMN that the Planning and Environmental Cornmission of the Town of vail will hold a public hearing in accordance with Section 18.66.060 of the municipal code of the Town of Vail on Februry 8, l-988 at 3:OO pU in the Town of Vail Municipal Building. Consideration of: L. Appeal of staff decision concerning a home occupati-on permit for Bowlinq Alley Pizza at 2ZS4 South Frontage Road. Appellant: Darlene and Steve Schweinsberg 2- Presentation of the final plat for the victorians located on Lot 2. Block 3, Bighorn Subdivision, Third, Ad.d.ition, 443_5 Bighorn Road. ' '.,. Applicant: WSN partnership 3. A reguest for a conditional use permit to construct an addition and a rockfall barrier on the northwest corner at the vail Mountai-n school rocated. at 3l-60 North Frontage Road East. Applicant: Vail Mountain School 4- A reguest for an amendrnent to a developnent plan in the ski Base/Recreation zone district in order to construct a childrenrs center in the area of the ternporary childrenrs center at Golden Peak Ski Base. Applicant: Vail Associates The applications and informat,ion about the proposals are available in the zoning adninistratorls office during regular office hours for public inspection. TOWN OF VATL COIIMUNITY DEVELOPMENT DEPARTMENT THOMAS A. BRAUN Zoning Administrator Published in the Vail trail on 'January 22, 1988. 75 south lrontage road vail, colorado 81657 (303) 476-7000 (,, L L?3 BH",/ ofllco ol oommunlly development Novenber 1L, L987 Mr. Gary Bossort GMA Associates Draerer XVaiI, Colorado 81558 \") Re: Building Pernit No. 3100, Victorians at V9ri4'..''-.-'. Dear Gary: It has come to ny attention that there is considerableconstruction stag'ing'and parking taking place on the lot to theinmediate east of the Victorian project, Lot I, Block 3,Bighorn 3rd. Unless you can subrnit to me authorization frorrthat property owner to utilize the lot, we will have to reguestthat by Wednesday, Novernber 18th, the Victorlan site be fencedoff to adJacent properties and that a}l parking and constructS-on staging be contained within the boundaries of theVictorians at Vail project. If you have any questions, please feel free to contact ne. Sincerely,--\,r './ r,/ |{rf fU".r*l Rick Pylnan Town Planner RP:br cc: Gary Murrain ,foe Norris 7' 11",, It i I i; t" =:- Project Applicalion Proiect Name: Proiect Description: Contact Person and Design Review Board Date lilotion by: Seconded by: APPROVAL DISAPPROVAL Summary: L\A^hLr E Statt Approval , lrf JOHN F. NILSSONB. c.AUTHORIZATION OF PROPERTY O$INER NAME OF ADDRXSS \ -\ ^s+ec,^bq+ s71-3aS / PHONE SIGNATURE ADDRESS SAME AS ABOVE D. LOCATION OF PROPOSAL ADDRESS 4415 BIGHoRN RoAD, VAIL, coLoRADo Date of Ap0ation 7-L-g7 APPLICATION FORM FOR SPECIAI, DEVELOPMENT. DISTRICT DEVELOPMENT PLAN I. This procedure is required for any project that would go throughthe Special Development District Procedure. The application wifl noi be accepted until al-l information is submitted. A. NAII{E OF APPLICANT wsN PARTNERSHTp ooo*" 569 [IR38$"olRt* €87 APPLICATiIT I S REPRESENTATIVB SAME AS ABOVE E. F. LEGAL DESCRIPTION LOT 2, BLOCK 3, BTGH FEE $l_00.00 PAID ..,. A List of the nanne of owners of Subject property and their miling (i . -.. ?T-' *.: ,., )t , _. t. all property adjacent to the addresses. II. Four A, (4) copies of the following information: Detailed lrritten,/graplic description of prgpgsalB. An environmental i.mpact re-port shall-.be submitted to the zoning . ,;1-..administrator in accordance wj.th Chapter 18.55 hereof unless waived ,,ilAWfi, by Section 18.56.030r €x€ pt projects; An open space and recreational plan sufficient to meet the demandsgenerated by the development without undue burden on availableor proposed. public facilities; *iq*u' (0vER) .,, L' Apptication for$peciar Development orstrf Development Plan D. I Existing contours having contour intervals of not, more than five - v feet if the average slope of the site is trnrenty percent or less, Af or with contour intervals of not more than ten feet if the average\ slope of the site is greater than twenty percent. E. A proposed site plan, at a scale not smaller than one inch equals'fifty feet, showing the approximate locations and dimensions ofall buildings and. structures, uses therein, and all principal site - , development features, such as landscaped areas, recreational facili-ties, pedestrian plazas and walkways, service entries, driveways,and off-street parking and loading areas with proposed contoursafter grading and site development; F. A preliminary landscape plan, at a scale not smaller than one inch ,.' equals fifty feet, showing existing landscape features to be retainedr" or removed, and showing proposed landscaping and landscaped. sitedevelopment features, such as outdoor recreational facilities,bicycle paths, trails, pedestrian plazas and walkways, lrater features . and other elernents; G. Preliminary building elevations, sections, and floor plans, ata scale not smaller than one-eighth equals one foot, in sufficient. \* detail to determine floor area, gross residential floor area, interj_o.circulation, locations of uses within buildings, and the general . scale and appearance of the proposed development. III. Time Requirements The-..P1anning and Environmental Commfission meets on the 2nd and 4th Mond.ays of each month. An application with the necessary accompanyingmaterial rnust be submitted four weeks prior to the date of the meeting NOTE: It is recorurended that before a special developnent district applicationis submitted, a revierv and cornment rneetj.ng should be set up wiih theDepartment of Commun ity Development. U"' PresentJ.J. Collins Diana Donovan Bryan Hobbs Peggy OsterfossSid Schultz Jim Viele Absent Fam flopkins The neeting was called to Environmental Comrnission10, )"9a7 Staff PrpsantPeter Patten Tom BraunRick PyhnanKristan Pritz l\l-\-.' \\ r ''\ order by the chairrnan, Jim Viele. Planning and August 1.est for a cial Develo ment District and a reviewof a ma'jor subdivision fcf the Victorians located on Lot 2Block 3, Bj-ghorn Third Filing,Iicant: wSN Partne Rick {rlrnan presented theapproval per the merno with staff memo. Staff recommendedthree conditions. Rlck.requested that the setbacks be changed. Required setbackswithin envelopes will be five feet. nooi overhanqs and decksnay encroach hatfway into the reguired setback. John Wolfe, architect, made a presentation for the applicant.Peggy felt the overall plan was designed werr. she guestionedwfrere.the bike path wirr go in the future. nick explained thatthe bike path was an interior path and not intended to be areguirement to appry for the area outside of the development.Peggy would like to see a public path added to the Froni.age Roadarea for safety reasons. Rick stated that a condition recruiredthat the owner not remonstrate against being required toparticipate in an improvement district for the path. Peggy asked if there would be a homeownersl association for theproject. John Nielson stated that the owners would have anassociation for the design.and maintenance of the project. Theassoci-ation wilr be primarily concerned with the common areas.The concept was to keep the ownership as independ.ent aspossible. Peggy also had concern about the inpacts of snowplowing onadjacent property in the area where the access aiive abuts theproperty line (east). Bryan asked about_GRFA for the project. John Nielson explainedthat the project is proposed to be approximately 2000 square feet below the allowable GRFA. Diana asked if the central conmon area would be restricted asopen space. John Nielson stated that there is no intention tobuird on this common open space. Rick mentioned that the finalplat will restrict this area to open space. Diana would like tosee the rernaining GRFA equally divided anoung the owners. Thisavoids the first come first serve approach to enfa. Diana recoumended strongly that the Town look at the bike pathplan for this area. ft is an important, highly used area iorbicyclists. Kristan responded that a bike path plan wasproposed for this fall. Sid asked about the development potential of the property to theeast. John Nielson responded that the property had the iignt tofour units. John-Nierson requested that a ternporary certificate of occupancybe allowed for all the units except for bldg. l_ which isaffected by the power line. Peggy and Diana suggested that, the road buffer should beaddressed. rt rras reconmended that perhaps landscaping could bel-ocated on the adjacent property owner,s land if shE wouldapprove the planting. Diana moved for approval with amended conditions and Bryanseconded. Ttre wote was s-O-L with Vie]-e abstaining. fhethree conditions in addition to those in the memo lrere asfollows: The applicant will not remonstrate against a specialimprovement district, if one is forrned in that- areafor the purpose of the creation and financing of abicycle path that would serve Bighorn Road. That condo declarations be filed with the propertythat address additional GRFA and conmon maintenanceprovisions. The change be rnade frorn word.ing of the setbacks asdescribed in the staff memorandum dated August L0,1987 to the wording that is listed in the ordinance togo to Town Council . t. 2. 3. 2.est for a conditional use permit to establish anoor d1nj-ng deck at Torino 1s Restaurant located theRaintree Inn, Applicant: rla euCklet. -- Kristan Pritz presented Osterfoss questioned ifthe railings around the the reguest per the staff memo. peggy pedestrian traffj-c would be irnpeded-bydining area. Diana would like to see planter boxes on the railings andcolorful umbrellas for the tables to accent the area. Diana moved and Bryan seconded. The vote was 6-0. 3. A regugst for final plat review and a va iance to thesubdivision requl uapEral corporatlon. This was tabled to 8/24/87. Moved by Hobbs, seconded byDonovan. The vote was 6-0. 4. work session on the christiania todge (previous approvals) 5. Work Session on the Uptown crill Deck Enclosure Vail 21 Staff presentJ-on by Kristan pritz. Kristan expLained thepreviously approved developnent plan and the r-equestednodifications to the approved plin. staff recommended approval of the project with three conditionsper the memorandum. peggy asked about the function of thegreenhouse. Her concern was the amount of open area created byopening the doors. Jin agreed with the staff interpretation that the project not bereguired to be reviewed again through the exterior-alterationprocess. PEC consensus was that the staff position wasappropriate. The pEc recomrnended that the project proceed tothe Design Review Board. 6.Consideration of revisions to Desi GuideLines of thecj.pal code for pr second and duplexconnections. This iten was tabled for future staff work. August 2L, r.987 Town of, VaiJ.VaiI. CoJ.oradoAttentioni Mr. Peter Patten GentLemen r Pursuant to disqussions this tteek with lolessfs. Patten and Pylmanf f personal.ly quarantee to restore to itsnatural. state the site of a project known as theVictorians at VaiL (Lot 2, BLock 3, Bighorn 3fd Sub-division, Town of \fail), in the event that the projectfails to receive final- City Council approval. ft isanticipated that site work wil-L conmence on this proposed East Vail project within the next two days. | 2@ / 7+h 5*\!.1*, 1-"cLa- n OO DLr.D4A, CoLa.,aJ-o &1Og. /7t-2rn/m,u44^e^ t/4/ 2a 3/#/87 TO: FROM: DATEs Town Council Comrnunity Development Department August 1-8, L9A7 SUB.TECT: Victorians at Vail Speciat Development District This request involves two separate review processes. The reviewof a preliminary plan for the major subdivision request and alsothe revj-ew of a special development district zoning request. Lot2, Block 3, Bighorn 3rd is residential cluster zone parcel locatedalong the Frontage Road in East Vail. Size of the lot is 4L,SL2square feet which minus the amount of area of forty (40) percentslope allows for development of five (5) dwelling units andapproximately 9,000 square feet of GRFA. The proposed specialdevelopnent district meets the underlying residential cluster zonedistrict. The PLanning and Environmental Commission voted 5 to O with oneabstention to approve the special development district and, rnajorsubdivision request as per the staff memo dated August 1-O, Lg-97.The PEC added an additional three conditions beyond the threeconditions of staff recommendations. The additional conditionsread as follows:1-. The applicant not renonstrate against a special improvement district, if one is fonned in thatarea for the purpose of creation and financing ofa bicycle path that would serve Bighorn Road. 2. That condo declarations be filed with the propertythat address additional GRFA and conmon maintenance provisions. 3. The change frorn wording of the setbacks asdescribed in the staff memorandurn dated August LO, L987 to the wording that is listed in theordinance to go to Town CounciL. Staff recommendation to the Tohrn Council is for approval of thisrequest with the staff and additional planning Cornrnissionrecomnendations. ("*:r - 5' {aW t& of p^f-V l,*- ORDINANCE NO.30 Series of 1987 AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT, (KNO}IN AS SPECIAL DEVELOPMENT DISTRICT NO. 18, VICTORIAN AT VAIL) AND THE DEVELOPMENT PLAN IN ACCORDANCE I.'ITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE IN SETTING FORTH OETAILS IIJ REGARD THERETO WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special development districts within the town; and WHEREAS, the llSN Partnersh'ip has submitted an application for a special development approval for a certain parcel of property within the town known as Lot 2, 81 ock 3, Bighorn 3rd Subdivision to be known as Special Development District No. 18; and WHEREAS, the establjshment of the requested SDD 18 wiIl insure unjfied and coordinated deve'lopment within the Town of Vail in a manner suitable for the area in which it is situated; and UIHEREAS, the Planning and Environmental Commjssion has recormended approval of the proposed SDD; and I,IHEREAS, the Town Counci'l cons'iders that it is reasonable, appropriate, and beneficial to the town and its citizens, inhabitants, and visitors to establish such Deve'l opment 0istrict No. 18: NOl.t, THEREF0RE, BE IT 0RDAINED BY THE TOI',N COUNCIL 0F THE T0t.tN 0F VAIL, COLORADO, THAT: Section 1. Amendment Procedures Fulfilled. Plannjng Cormjssion Report The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfi]led, and the Town Council has received the report of the Planning and Environnental Commission recommending approval of the proposed development plan for sDD 18. Section 2. Special Development District 18 Special Development District No. 18 (SDO 18) and the development p'lan therefore, are hereby approved for the development of Lot 2, Block 3, Bighorn 3rd subdivision, within the Town of VaiI consjsting of 0.953 acres. Sect'ion 3. Purpose Special Development 0jstrict No. 18 is established to ensure comprehensive deve'lopment and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and meets all design standards as set forth in Section 18.40 of the Municipal Code. As stated in the staff memorandum dated August 10, 1987, there are significant aspects of Special Development D_istrict No. 18 which are difficult to satisfy through the imposition of the standards of the residentia1 c'luster zone district. SDD 18 allows for greater flexibility in the development of a cluster subdivision that would be possible under the current zoning of the property. Building envelopes wil] be established which designate the area as upon the site in which development will occur. The establishment of these buj'ldjng envelopes permits the subdivision of these units, allowing the developer to carry out the concept of SDD 18. Sectjon 4. Development Plan A. The development plan for SDD 18 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by the USN Partnershjp and consists of the following documents whjch wil'l be finalized at the major subdivjsion final p'lat review. 1. Preliminary plan the Victorians at Vail dated August 7,7987 Steven K. Scott Colorado Registered Professional Land Surveyor. 2. Topographical survey Lot 2, Block 3, B'ighorn Subdivision 3rd addition Steven K. Scott Colorado Registered Professional Land Surveyor. 3. Architectura'l and design plans submitted by the Architractor Design Group dated 5/18/87 that consist of sheets I through 5. 4. Amended Site Plan submitted by the Architractor Design Group dated 8/72/87. 5. Other general submittal documents that define the development standards of the Special Development District. B. The development plan shal'l adhere to the following: Acreage The total acreage of the site is 0.953 Permitted Uses The perm'itted uses for the site are proposed to be: a. Single-family residential dwellings b. 0pen space c. Public and private roads Conditional Uses a. Publjc utjlity and publjc service uses b. Public buildings, grounds and facilities c. Public or private schools d. Pub'lic park and recreation facilities e. Private clubs 4. Accessory Uses a. Private greenhouses, toolsheds, playhouses, attached garages or car ports, swirrning pools, patios, or recreation facilities customarily jncidental to single-family residentiaJ uses. b. Home occupations, subject to issuance of a Home Occupation Permit in accordance with provisions of sections 18.58.130 through 18.58.190; c. 0ther uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof 5. Development Standards Proposed development standards are as follows: a. Lot area not applicable building envelopes govern Building envelopes 1. .080 Acre 2. ,080 Acre 3. .080 Acre 4. .080 Acre 5. .080 Acre Common Area and Open Space 6. .553 Acre 6. Setbacks Mininum setbacks for the Iocation of structures from the exterior property lines of Lot ?, Block 3, Bighorn 3rd sha'l 'l be twenty (20) feet from the front property line fifteen (15) from the side and rear. Setbacks from the platted bujlding envelopes shal'l be five (5) feet. Roof over hangs and decks may encroach half way into this required setback. 7. Densjty Maximun of five s'ing1e-family structures shal'l be allowed in accordance with the development plan. One single-family structure shall be allowed within each of the designated building envelopes. A total gross . resident'ial floor area attributed to the project shall be 9,000 square feet. 8. Site Coverage Not more than twenty-five (25) percent of the total site area of the Special Development Distrjct shall be covered by buildings. 9. Buildins Heisht Building height shall not exceed thirty-three (33) feet. 10. Parkj ns Two parking spaces shall be provided per unit with one of the two spaces to be enclosed. 11. Landscapi ng The entire portion of the building envelope not covered by pavement or buildings shall be'landscaped as well as any areas outside the building envelope disturbed during construction. 72. Desjgn Guidelines The architectural design of the buildings constructed on sjte shal'l be controll ed by the development plan submitted as a part of the Special Development District. Minor changes to this architecture may be approved by the Design Review Board. 13. Recreation Amenities Tax Recreation Amenities Tax shall be .30 per square foot as is consistent with the residential cluster zone district. 74. Protective Covenants Prior to major subdivjsion final plat approval, the developer shalI file protective covenants on the land records of Eagle County which will provide for the formation of a homeowners or condominium association.. These covenants shal'l inc] ude provisions providing a vehicle for financ'ing of common inprovements and majntenance. These covenants shall also provide for equitable distribution of any available GRFA that may be uti'lized for further construction on this site. Section 5. Amendments Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly schedu'led public hearing in accordance with the provisions of Section 18.66.060. Amendments which do change the substance of the development plan sha'l I be required to be U- approved by Town Council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development plan. Section 6. ExPiration The applicant must begin construction of the Spec'ial Development District within 18 months from the time of its final approval , and continue diligently toward the completion of the project. If the applicant does not begin and diligent'ly work toward the completion of the specjal development district or any stage of the special development district within the time timits imposed by the preceding sub- section, the Planning and Environmenta'l Commission shall review the special development distrjct. They sha'l I recommend to the Town Council that either the approval of the special development distrjct be extended, that the approval of the special development distri ct be revoked, or that the special development district be amended. Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be jnvalid, such decision shall not affect the validity of the remainjng portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 8. The repeal or the repeal and re-enactment of any provisions of the Vail Municipa'l Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shat l not revive any provision or any ord'inance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED 0N FIRST READING THIS - dav of 1987, and a public hearing shall be held on this ordinance on the - day of 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal 8ui'ldi ng, Vai I , Co'l orado. Ordered publ i shed i n ful I thi s day of -, 1987. FEufT.f, o-n n ston, Mayo r ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _ day of 1987. FauT-R.-Iohnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk RffOSEP14ffl TSLEPHOiTE 329-9e22 ARC,A COOE SO' Joloa|' Hoc|l3taor GCOROB T4. SIRAW trcH^ato s. 3TRAI,SS Hocnsrrrrr, Srnrlw & Slntuss, P. G. ATTORNEYS ANO COUNSELLORS AT LAW .O'3 YORX SIREET Dzxwtn, Coron-loo eoeoo TERRY QUINN, ESQ. (FIRST BANK OF EAGLE} ITAUREEN A. STARK (I'NID IITLE) r.,ARRY ESKlerrH, ESQ. (TOWN OF VArr.,) GEORGE l{. sTRjat{, EsQ. SEPTEUBER 11, 1987 VIqTORIAIIS raln|( J. RU!tN 1€: SROM: DATE: RE: Dear Terry, Dlaureen and larry, :Itre Vlctorians ie rapidly coning togetlrer wlth constructlon in progress. lfSN has deeded the property t9- Wfiifir" Realty borp. (deed given to Land Tltle to recordl and t{illiams ls WSN ln I corporate entlty for all_of_the reasona intrEitnt Ln subdiviElon iort<. A copy of the deed is encl'osed ["g"ttr"" wttfr tfr" latest title connltnent for the constnrction loan from Iand Tltle. I have read ordlnance 30 and But together ny vereion of a Declaration for The VLctorians whlch I used prevlously on duplexes and quadpfexes in vail with success. Note that r have tried not to dreaie a corporation to oversee tlre Elrorr as tlrat ls more money, Dore tine and-hassle which I donrt believe Is needed, n"c""E""V'6r viable wittr only five owners of sl'ngle farnily units. of particular concern is the last artlcle where I have dealt nith tha GRFA, UnuEed GRFA and tried to create a mechanisn, sornewhat like tracking a water right, to keeB everybody ata-re of tbe GRFA avallable and to elininate controvergy over both the existence and amount of the GRFA. All this comes fron orperience Iltigating over (I) casolar vail (gee, the developer already gtave iway-all 5f tfre enbe ana your lot-is now a very expen-sfv-e pic_nic irei 1 and (2) houses and-duplexes appraised and.bought based ulon enfA Uiat atanrt exist when neasured sone tlne after it was pirrchased and waE trying to be refinanced or resold based upon -GRFA values. In the- last century, ranchers fought over acreage that didnrt exist, this century ie fight over square footage that doesnrt exl-st and I prefer certainty for everybody. Finally, the Declaration will need sone anendnent after the final Prat hii been prepared as I au not sure qulte hou it is being finallzed and it will be forrrarded to you aE aoon as Terry Qutnn, Esg. l'[aureen Stark Larry Eslarlth, Esg. Septenber 11, 1987 Page 2 poeslble. I know Larry Is not happy about lanyere brLnging tothe town Anended Plats for elgmatures so I think lt best that weall go over the Plat and thls Declaration from tbe vientpolnte of the lender, tltle conpany (partlcularly to Lnsure mortgagee), the Town and pernanent lender to avoid doing the work over agaJ.n andto lnsure a qual.Ity product for the purchasers of the dwelllngs Ln The VictorLans. Your consLderatlon of ny regueat is appreciated. YourE tnrly, HOCHSTAUI, STRAI{ & STRAUSS, P.C. George M. Straw GllS/bha Enc. GI (t GIo v4 I Ifn F{ I c (Y) co +, tdl|oE."{ o Eo() oz I 14o rno @sl a.! +, o. Eox frl QUIT CLAIM DEEI) TtllSDEED,Mr&this Ist tarrccn WSN PARTNERSHIP dryof september ,1987 . of tlt rd $rrc of Colcrdo, !rlnto(s), rd ILLIAMS REALTY CORP. ' a Colorado corporation, *lroechgalddrtss is 2043 York Street oftrc City and CountYof Denver lrd Sutc of Colondo, gnntce(s), IVTINESSETH, That 0rc grrntc(s), for ud in considcration of thc sum of other good ancl valuable consideration----- - mtLARs rhc rrccip a1d rufficicncy of which is hcrcby rlno,lcdgcd, he rtmiscd, rclcascd, sold, conw5ad rnd QulT CIIIMED' rnd by drcsc prcscnrs do es rmisc, rclcasc, rcll, conrty md QUIT CaAtM u o lhc !ranrc.(s)' its hcin. rucccrcon and rssigls' foctcr, ell rhc right, ride, i crlsr, claim ud dcrnand which lhe Srento(s) ha 5 in end to thc r38l PioP.ny, lo8cthcr wilh 'County of Eagle imptovsncnrs, if rny, sioatc. lying rnd bcing in the Colondo, dcsctibcd as follo*'s: Comtyof Eagle Sute of COlorado ,this lst dryof Septenber by David Schernerhornr Partner for WSN Partnership ud Sotc of Lot 2, Block 3' BIGHORN SUBDMSION, Third Addition' according to the recorded Plat thereof, CountY of Eagle, State of Colorado. dsolnovnbystteelandnumbcras: 4415 Bighorn Road, Vail, COlOradO 81657 TO HAVE AND TO HOLD rhe sa'tl€, rogerhcr with atl and singular tbe lppurlcnanccs and privilcges thereunto bcl,onging or in uywisc thcreunro rppcnaining. end all rhe csure. right, titlc. intcrest and claim whatsocritr, ofrhe Sranlo(s), cithct in leu' orcquity, to thc only propcr usc' bcrrfit rnd bchoof of dre Fanlec(s). its hcirs rnd assigns forcrrcr' lN WITNESS WHERBOF, The grantor{s) hs s cxccured this dccd on lhe datc sct fonh abow. WSN PARTNERSHIP STATEOF@I,ORADo, I I is. City andcorntyof Psnysr I Tlrc forgoing iostrumcnt uas rknowlcdgcd bcforc me in the City and Cornty of Denver ,1987 , My commission crpins October 30 tlf in Dcnver, inscrr 'City ud." . l!)8 I . Wtrrcss my hand rnd offcid sctl. t, t{qry halr kdodr o'cloct - ll., f:ccptin !lo. i No. l.l!. ltv. l.tl. Qutct.lDt DtD rrdl't 't.ati'lir, $:J w. a.rr A*., tltrod, oot@r.-allr 2ll.eqD t"@ vv LAN!I TITLE GLIARANTE€ COHFANY Reer'eserrt irra Title Insur'ance CL.imParrY r-' f Hinnesota THAf.it;: Y*U Fr-'R YtrUF ['F{['EF: 5ertr--rnL,er Q-l' L?tt7 t-rur ftr.der'! VliL-19 FUYER: l,,,iILLIAl'l:.j RIALT\j C:r:'i:iF. , fr C,:' l r,r adi' f:rrr'pr'r'af i t'n LiELLER: HE:tl FARTtIEFIS;I-|If'' f: lierrera1 Far tri*i'sf;ir AnLrREgSr HL'CH:iTAtrT i:iliAlJ $.':TFiALl:;: i1,43 Yfinii f;"1- nEI\iVER, tltr ir;l\.tr I Attr,: liEili:ittr 'fTfiAii COMMITMENT TO INSURE This commitment was Produced and issued through the office of LANDTITLE GUARANTEE C(}MPANY 108 South Frontage Road P.O. Box 357 Vail. CO 81658 l3o3l476-2251 cof6ep,sneo: ,n.t,\n, - ,'r' \\4-l' v \ uJ-!\*4-noi.'* Ui; +"(ct1"L_ RePresenting: frrr-e lr.rsunaruce florvrerruv or f|lfrNnEsorA o ALTA C: I:I MHITHENT StrHEFULE A Apr'1 icati::rr Nc'. V1l13S F,rr' Inf 'lFtnati,-rn llln I Y - f.har's* s -Arta Lerrd": t-.+i;;L - - i*l:l[ !litfr lc,ur' r'erri t tarrci,- rl*ass r'.:ier. t':' V11!.:Jl:- 1. Eifertiva !i,alc: f,...;=u=t f7. 1'?t-77 at B:*(:t A.l'i. :. Fai ict tt be issueci' ai,,.,i eI L.Fnrie 'i I;i=i-:i ed! "ALTA" Lr.,at'i Fvi ic,' i.;71-r R+;i-'.i':,n. F r'u po se ii I nsur ei: F L F{:' I bl-rirh\ L'f Lr"|LlLL *7? l: , COC' . C{:, 3. Trre estate ut itrtei e-ql iii tii; l:i;,':i ,ies'ir'i t'e'J ':':- ie {:i-,'i-r'€ d t* in tiiis f,*flriiri ttretrt a!'i{i intii,:.J ti:i i ii, i:: A Fee iinrrie 4. l-itle ti tfie e-'rial*. u, i;it*resL ':;:t ''€i e ,:i i,lrsir; i,' ':t tire ef iiertiva dtte liere;i: vc:t*i iit: tJ€;lir FnRTir,iEF{;iiiF' A !,ti,t;.ai F;;'ti;;ri';l-rii= 5. Iire iari,l r'€f€rred tt :';; tl-, i5 :::,:Iilil,: +.ii.*i;t is dtt.r:'it'*'J as f a, I I lutsi Lc,t l, Fi siir ]:' EILi;-l;liij :;Li['iiIvI:]Ir:rl.: , Tl-lifiI: AI'i'ITIr:!l'!' Arr'lF:rrIFl+ TO THE RECrlRiiEir FLAT :lji:--ifirf , l'tli|'lTY ltF EAFI-E' ITATE Dtr cr:rLuRALilr. PAL;E 1 o ALTA CC'MHITHENT :]CHENULE R_1 {Fiequir en,r.rrts ) Arrl iratic,ri Nr' ' \t1l13E The fil lr:,.!irr$ al e tl,e r eqr.; ir er,e r, 1: tt' t': cc'r,rl ie'J rrrith:- 1. Fafnrerrt t* *r ttr' tlie aaci!rt,t ut: the glr'antii- s c:l- r; qt r' t I a :l ':' r' s r'f tlie *ul1 { u rr :' i d is r t, I i + r, f ;'i' t},e e state ':' r" iirtere st t* t'* irrsut'ed. t. Fr'c'peI' i rr s t r'unre t i I i s ) ci eatiir; llie isi'ete c'r ir;ttr'gst t* t'e irrsur'€d triust b€ u..rtiiitcd at,,J ,iuI r' f i 'reC f t'r ;-€a':rrd? t'r*uit: :t. Ciuul;i ANti tiltr:Fif,Ietil I,rEEii rri;t'1 ii;il.i r'AI-iTflERS|l:F' Ti:i tIILLIAHt FIEALTY C*RF. ' A f:u l,i r'a d r, i,-, r r.u r a. t i. $ ri f, irliVEY l f .i= Sllf'j'-lgl::T FRI]PERTY' NOTEe lRA['E NAFiE AFFItT*vIT F.ili:[inn:3 '-!r.r'! i r]t7' 1?817 IN F-Jr:lt.: 4.65 AT PAI:iE d,1l-. FI:lulG';Ei JAFit{ i:. ttlL:1,;:-JlJ" l-lAR,,lLn *. h'ILL IAHS Al..lF fiAVIn R, F!:HERI'4ERHORIJ Ttr FE TI.iE LiEiiEFiAL T]AiiTi.'JETi.: OI- t]::;I'i F'T":TN5FT5HIF, A IJENERAL FAFTI'JFRg!-{IF, N{.ITE: LANII TITLE IT: II] TI{E FFiI]!:E:::,; I:-IF RE|]*FJTIII..IE THI:J N*,;UI"IENT. 4. EVifiLt{i:e gAliSFA::T1:ri''iY Ti: THE r::ri},1i.Ati'1 THAT Tl-lE TEFr"1=' r:r:N!','ITIr:'NE ANrl FRUVii;iII}ri5 itF TiJ[ Tili'J}J iJI I''A:L TFiAIJ:JFER TAX HAVF FEEN E:ATI|-;FIEN' r;. LrEEir t:iF TRLi:;T Fiii:iii il:L;IAl"ii ril.ii-TY tr:rliiP. " A c*'LlFiAIt|| t::!:lFPnFiATIfiN TO THE F.uhr-Ir] T'iUiTEC';F fAi.jLE I:,;IU|;T'/ [:*R THF !.I!E NF FIRET FAN}.I NF EAfiLE Tfi SEI]LIRE -i HE guf i f.F t',;;1r ' []'.]ii, i]u, jHL CiilriiTY E:LrFi;,: Ai{r: FiCi:i:rFir!iFl:-; r:iFr-Ir:E Fisfi"!IREE RETLIRN AI,LriiE:;iE; ""1 irLl;Lll.lEl.JT5 :ltrl.lT F':rR REI:['RFIf'.iril I PAGE : AL O T A E: BHH ::CHEIIULE a l:..... .-. ^ | i .. .-. F ITMENT E-t \ n F-l.i,--+i i ri lJ;'. Vl 1 1.?e f fre tol l t fre t. 6. Fc'l j,c.i L'f Fc, liiies'"c,b- i :.=.t:c.j uil,r f ,:,ri tnin c:',:,:.: nt j,:'ns t,l tfrt r,rrri rr3 urrless tlrs sdrrr€ ais ,::l i:'i=;,-r:J i l-- ti, t l,i.-. s ; t i 5 f .: ;: t :l r:r ii r:r 1: [.t,nrrarr'i ! 7. ,: Starrr-iar',J E.riuFt i,,,rr- I il'ri ,-.uil, 5 rr i;,te,-j c, l, tl,s cr:,ve l. :-li€ i t, Ja.,ies irlr.: iisg.r---5ii,e i-it:. irr:,t- ,;t ,j:.r': itf Fai'.:L' lr-' t i-r 'i sFa':i':l assesslrietrtg tr,-,t rrci cei"tii-;.J t+ tli+ Tl e'o.-;: ii "t irf f l;t:. Arr r urrpai,J ta:.ies ,-,r ,1-i 5 t 5 E fi,: i , 'i ! ;-'j.:i:-i !-.t :.aiC ]arr,J' Lterrs f u( ulrF'ai,-i rl- i. er oiir.l Fr.u;i ':f,a: ii5! ;t- ;i',. 9. hir_inl frF [:riaiFFiiETi:;n r]r: F. UEif.: ll-i L'.:|I'E Tr:! FYTFiAi:T ANn FFF!',:!Vr HIS '.:'trlFjHEREFHUf-l t;lii_rur_ii TF;E SFri.ir Fl !:irLrl,iir Tr:: F'!:i]rT::.nTE r,:rri INTFFi:iEf'T THF PFiFf'tI'-rFtj ,in RLE,fFiVEti il; UiJITEII -.-.TATr::. F''RTEI.IT REll:'F:,!-!5n N':'veriher 17.' 1!tl:l:' IN Ffll:'f: 4q fri F'AGE 4v;. 1r), hlLiHl UF. i^liii' F-L,ii i.l'i i.i-iE:. iri:, l;A:,iiL:: l::l:1;';:11;:-t'--ff! Frr.' TFif Al.!Tl{arFiIT\,' t:tF THF t_rN i l-ELr EiiATEr, A::i riE::;Eri!,'Eit l t.i rJl'.jI TCI! :::TaTF': r-',n1-f rJJ FrEt::!:tFl!-lE'l-' N'-.'ven h+ r 1 7 , ri,di, ifq E.r-,ur' .i; Ai Fi:i;f 4:;'-: , iili f-i:i:;:rlf':I' ll:i r=.i,1'*r. ii.?, J?':r'-' , I!'{ Fr!:t''lt' !':? Ai irl*L iii.l, 11. hc;, iriiL.l i vr- -',-'vjli'ii,l.T.l" i;; ::r::; : Ir::: iJ:iT r::::iiT,^'ll: '^ Fi'l-"-sIT!-tl= frrj FqVFtrITFF L.Lr,_ri;H, EUj- ni.l:TTil..l::; ri::;Ti-, I::TJ::1.:::: ? :F lhl'{, Pn'itr-.r nt.l F4!:'F, !:''-J!-r:'Fi., FiFL Ir-jlnl.J, ,-'n ititl ii;l.rL Liiil;,;;i, f,::' ;.r::;'lT,', 1:;:: I:l Ii:::.Tl-::-:i1:l.l-l- li::r:rl-':"'rr' -r"! , J::'' f i't:'=' f i'l L,Lriil. t7: Al- f A;l j.il i;ijlr ;',::. ;ll.::l'j:r:f: Ilj if'j:-Tl-r!-ll'!F!'!T RFI::r-!Fl--tF!l Anr. j 1 ?l-::, 1'-''i..q, 1lr EuUr,. iL,r'i; i: rr;il i:::i. 1:. Lr.] iLil r ilA;El'iili; :.ii:TE;ij r::T Iil |.llrril: Rl_::::,:i T{"ti ,:r-:fiLl-l-Li:lrf::TFFi!..Y A$.ll-! t{uAj'riy;ii,TEfi- i Li,T Lil''ifi: 'r::: 5:: i:;::ll i::l,l Tl-lE I-'iF!:'r:rF:l-r[:!:' F'l-AT LlF' F{J'-;HlFlJ ;,r-,bi,i Vi;,iir,.i Triii.l; A:.iiITIilli. fl:"i::i:'I:: FLp,-l-. lerir.i.i, i.;;;iI,iii;;ij: fii;:i F':l:rr:J'.::J!!:'.:':-'frF'::lf{TF:lf:T tlFr--:r:rRnFft Aue!.!tt:?t.}" l';/i?7 Jl'J iiir0t.. 4c'.: ril FAL.; ii'ir, A uEE.Lr aiF -iiili;T triTff; !liri, i::, i. l;'ir7 f:l-;::Y li';:::"'i F^RTNrF:5HIP' A GENFRAI- FAriTf.iE;int-iiF Tr-i Tri: F.lE:Li: T:-iLl:iTEE r,-!F EA':il-F !:'r:rllNTY FBR THF U:-;E ttF FIRgT FANI': LrF EAL,LE t::illli{] Y Tii:,IC:UF,I Ti"ii::U:-1 Crt- 1.7t1i'tt--tl':.t--tt't1 Al.''!f.t ANY r:rTHrR AH{:|L|HT';: FTiiAELE Uii;j[R Ti-lE TEFit;::: THEiiEr]i, RECnRnEn,-l!.j.l.,, (:r7, 1?E!7 IN B.Jr:r],i 44.5 AT pAfrq 6r t;. UTILITY LOCATION VERIFICATION suBDrvrsloN -Br6*oeA SoefDrur$od 6d * JOB NAME- . Lsr--62,-BroqK--9--Frlnc €ca*oar) aJ Aoo,noJ ADDRESS g4l The location lines, nust acconpanying of utilities, be approved and site plar. whether they be nain trunk verified by che folloHi.ns lines or proposedutilitles for the Date ttlountai n 8elI I -534-3778tl'6t'teo Western S lope Gas ttarry tloyes Publ lc Service Company Gary Hal l Holy Cross Electric Assoc. Ted Husky/Michae'l Laverty Vail Cable T.V , Upper Eagie Valley llater and Sanitation Di scri ct Davi d Krenek z-/z-n {ta*7 s-t*-gZ * For new cons please fi lI ou atiached sheet sJckt r-q-s7 NoTE: These velificstions do not relieve the contractor of his responsibility to obtain a street cut perrnit fron ghe Tol,ln of Vail, Departnent of Public lfolks and to obtain utility locations before digging in an), public light- of-nay or easenent in the Tolrn of Vail, 4 building perroit i9 not a street cut pernit. A street cut pertrit nust be obtained sep:rrately. This forn is --to verify service availablity and loc,atiofl. This should be used in conjunction wlth preparing your utilit), plan and scheduling install4tions. |' 1Y1- b6t3 L r ? t--o APPLICATION DATE: OF DRB MEETII'IG: DRB APPLICATION *.****THIS APPLICATION |||ILL NOT BE ACCEPTED UNTIL ALL INFORMATION IS SUB}4ITTED**JTri I. PRE-APPLICATION MEETING: A pre-appljcation meeting with a planning staff member is strongly suggested to . determihb it any additional information is needed. No application will- be-accepted unless it is complete (must include all item-s required by the zoning administrator). It is the applicint's responsibility to make an appointment with the staff to find out about aitititional submittal requirements. Please note that a COMPLETE applica- tion will streamline the approval process for your project by decreasing the nmber of conditions of approval that the DRB may stipulate. ALL conditions of approval must beresolvedbeforeabui1dingperm.itis.issued. A. PROJECT DESCRIPTION: S.drurT " SI'JGLE trAMrcV CUOSIEE I$fiq:- B. LOCATION OF PROPOSAL: Address Legal Description Lot &. Zoning PesroeNi?a L cLuilrae C. NAPIE 0F APPLICANT: (rJsN ?atq$e6flP Block 3 Filing Bql\ort, 3d . Address O. NAME OF Address E. NAME OF APPLICANT'S REPRESENTATIVE : =ArrtE te'l ephone +7b- 22t7- tq Ntuseo*) _ telePhone SAntc. ,ds,0 ?aerNerr,np _. telephone Srril€. be paid at the time a building permit is requested. FEE Si gnature Address =hmE F.DRB FEE: The fee will VALUATION 0- $ 10,001 - $,.50,001 - $150,001 - $5oo,oo1 -$ Over $ 10.00 $ 25.00 $ 50.00 $100 .00 $200.00 $3oo. oo $ 10,ooo$ 50,000$ 150,000 $ .500,000 $l,ooo,ooo $l, ooo, ooo IMPORTANT NOTICE REGARDING ALL SUBMISSIONS TO THE DRB: 1. In addition to meeting submittal requirements, the applicant must stake the site to indicate property lines and bu'ilding corners. Trees that will be removed should also be marked. This work must be completed before the DRB visits the si te. 2. The review process for NEW BUILDINGS wi]l normally involve two separate meetings of the Design Review Board, so plan on at least two meetings for their approval . 3. People who fail to appear before the Design Review Board at their scheduled meeting and who have not asked for a postponement will be required to be republ i shed. 4. The fo1 lowing items no |onger have to be presented to the Design,Review Board- iney, trowevei, have to be presented to the Zoning Administrator for approval: a. 1.1indows, skylights and similar exterior changes that do not alter the exjstjng p1 ane of the bui I di ng; and b. Building additions that are not viewed from any other lot or public space, which hive had letters submitted from adjoining property owners approving the addition; and/or approval from the agent for, or manager of a condonrinium associ ation. 5. You may be required to conduct Natura'l Hazard Studies on your property. You should check with a Town Planner before proceeding. o ',' MATERIAL TO BE SUBMITTED I. NEt,l CONSTRUCTION A. Topographic map and s'ite plan of site containing the following (2 copies): ,/ 1. Licensed surveyor's stamp. r' 2. Contour intervals of not more than 2' unless the parcel consists of 6 acres or more, in which case, 5' contour intervals will be accepted. v 3. Existing trees or groups of trees having trunks with diameters of 4'or more one foot above grade. r' 4. Rock outcroppings and other significant natural features (1arge boulders, intermittent streams, etc. ). r' 5. Avalanche areas, 100 year flood p1 ajn and slopes 40% or more, if applicable. 7. Locations of the follow'i ng: .> a. Proposed surface dra'inage on and off site showing size and type of' culverts, swales, etc. + b. Exact locations of all utilities to include existing sources and proposed service lines from sources to the structure. Utilities to include: cabl e TV sewer gasTelephone water electric c. Property lines showing distances and bearings and a basis of bearing -)a. Proposed driveways with percent slope and spot elevations )e. All easements .)9. Existing and finished grades. 9. All existing and proposed improvements including structures, landscaped areas, service areas, storage areas, walks, driveways, off-street parking, loading areas, retaining wal'l s (with spot eievat'ions), and other site improvements. 10. Elevations of top of roof ridges (with existing grade shown underneath) to determine he'ight of building. Vg. A statement from each utility verifying location of service and availability. To be submitted with site p1an. C. Preliminary title report to accompany a1l submjttals, to insure property ownership- -and all easements on property. D. Landscape Plan (1" = 20' or larger) - 2 copies 1. Show the location of 4" diameter or 'l arger trees,:other'shiutjs,and-iia'tjVe plants th,are on the site and the location and design of proposed landscape area:s with the varieties and approximate sizes of plant materials to be planted. l' 2. Complete landscape materials list. 3. Designate trees to be saved and those to be lost. N0TE: As much of the above information as possible should occur on the site plan, so that the inter-relation of the various components is clear. The landscape plan should be separate. The existing topographic and vegetational characteristics may be a separate map. The applicant must stake the site to show lot lines and building corners. Trees that wjll be lost during construction must be tagged. The work should be completed before the DRB site visit. / E. Archjtectural Plun, (rZl= 1' or larger) 2 copies . 1. Must jnclude floor plans and all elevations as they will appear on cornpletion. Elevations must show both exjsting and finished grades. 2. Exterior surfacing materials and colors shall be specified and submitted for review,on the materials list available from the Department of Community Oevelop-. ment. Color chips, s'iding samples etc., should be presented at the Design Review Board meeting. F. The Zoning Admjnistrator and/or DRB may require the submission of additional plans, drawings, specifications, samples and other material (including a model) if deemed necessary to determine whether a project wil1 comply with design guidelines- II. MINOR ALTERATIONS TO THE EXTERIOR OF BUILDINGS Photos or sketches that clearly indicate what is proposed and the location (site plan) of proposal may be submitted'in lieu of the more formal requirements given aboye, as long as they provide ail important specifications for the proposed including colors and materials to be used. III. ADDITIONS - RESIDENTIAL OR COMMERCIAL A. Original f'loor plans with al1 specificatjons shown B. Floor plan for addition - 2 cop'ies C. Site p1 an'showing existing and proposed constructjon - 2 copies topos D. Elevations of addition E. Photos of existing structure F. Specificat'ions for all materials and color samples on materials list available at Department of Community Development At the request of the Design Review Administrator you may also be required to submit: G. Statement from each utii'ity verifying location of servjce and availability. See attached utility location verjfication form. H. Site improvement survey, stamped by registered professional surveyor. I. Preliminary title report, verifying ownership of property and lists of easements. IV. FINAL SITE PLAN After a buildjng permit has been issued, and when the project is underway, the followingwill be required before any building receives a framjng inspection from the Building Department: A certified improvement survey showing: A. Building locations with ties to property corners, i.€. distances and ang'les. B. Building dimensions to nearest tenth of foot. C. A'l 'l utility service lines as-builts showing size of lines, type of materjal used, and exact 'locations. 2 copies D. Drainage as-builts. 2 copies E. Basis of bearing to tie to sect'ion corner. F. A1 1 property p'ins are to be e'ither found or set and stated on map. G. All easements H. Building floor elevations and roof ridge e'l evations. \ l I LIST OF MATERIALS The'following information is required for submittal _ "Fo:fC.!,e,tore.a final approval can be fiven: A.. BUILDING MATERIALS: TYPE OF MATERIAL NE OF PROJECT: GAL DESCRIPTION: STREET ADDRESS: DESCRIPTION OF P Roof Si di ng 0ther l,lall Materials B. LANDSCAPING: Name , PLANT:MATERIALS: PROPOSED TREES of Designer: phone: Botanical Name by the applicant to the Design Review COLOR +k, vkttfla wrkL Ptplul rFa4vvt?Ep uwPaE+rNv Quani ty l6 lW* (We-wa+ trfr e/'I.twp Wo@eku._ ?Ue tf Wfrot+ ,W %me LEl(|tAs- rb +ryh,16 tfraxb l'lz"*Las 7.tutvw) Common Name UetyE_ 61fqn Size* {lE- Hf. 7P''\otEXISTING TREES BE REMOVED 'ar045Ty(wvarw lr *Indicate caliper for deciducious trees. TO Indicate height for conifers. (over) 7-rA? hwp/ru+ tuPI++W An$4l,fr WA*IW* vry E46nP ra.tn P^ilpc, ?k,rtT ?dp Ntz T|NE ^ n 1'/a " v.'r. l4tLg Nrxrla Botani cal Common NameName: PI-ANT MTERIALS:(con't) SHRUBS Quani ty l7 -*. 4tp9lTavttt@A Pf]DNNWPt4l1-* EXISTING SHRUBS TO BE REMOVED Square Footage nkt4 Af"TtNf Atnn.Ng Htx., FEATURES (retaining wai1s, fences, swimming poo1s, etc.) ltease specifl UTILITY LOCATION VERIFICATION SUBDIVISION JOB NAME ADDRESS The location lines, nust accompany ing ror__jl_BL0cK 7 of utilities, whether they be approved and verified bysite plan. Mountain Bell 1-634-3778.lbl'teo Western Slope Gas Harry Moyes PubIjc Service Company Gary Hal I Holy Cross Electric Assoc. Ted Husky/Michael Laverty Vail Cable T.V. Cary Jo,hmenzBw Upper Eagl e Val'ley Water and Sanitation Discrict David Krenek A€rc*opr) a rg Aoo,ta] be rnain trunk lines or proposed the following utilities for the Date 7,ttfr* ,nt,, l"/i/-r-, Jr-rr. o't', s- ";/t{l"lb'h' Authori z 5-/z-77 "Qat fus7 -/ ;, - * For new cons5'/t.D? please fill ou -T artached sheet ilebt NOTE: These verifications do not relieve the contractor of his responsibility to obtain a street cut pernit fron the Town of Vail, Departnent of Public lt/orks and to obtain utility locations before digging in any public right- of-way or easenent in the Town of Vail. A building perrdt is not a street cut pernit. A street cut pernit nust be obtained separately. This fo:rn is to verify service availablity and location. This should be used in conjunction with preparing your utility plan and scheduling installations. :. ./' " -. J, -li-rr, v I sxr/07 LEGAL DESCRIPTi0N: Lot ZONE CHECK FOR SFR, R, R P/S ZONE DISTRICTS Al I owed l0,tu, tl-r\. m@ Bl ock F i1 ing Swtlaed 79 kaema.l ADDRESS: Ol^lNER ARCHITECT ZONE DIST PROPOSED LOT SIZE Hei ght Total GRFA Prtmary-.enf+ Sree'neery-gRg- Setbacks: Front Si des Rear l.'later Course Site Coverage Landscapi ng Fence/Retai ni ng ','lal I Parki ng Credits: Garage 20' 15' 15' (30)(so) Proposed uWEtntk* ?al ,*W = ZZio4fi E&w)P?.rW€ "Wl./lNal-E9r ' I )a - il,A. N.r, %, ltl t4 b<'t)r"W'6roqs Hei ghts E% lo (3oo)(600) (eoo)( 12oo) (50) ( 1oo) (2s) (50) ( 2oo ) (4oo ) Mechan'i cal Ai rl ock Storage Solar Heat Drive: 51ope Permitted Envi ronmental /Hazards : Conments: Sl ope Actual 0 a 67o AvaI anche NAIE Flood Plain N/l16 Sl ope l,letl ands il/r.lE Geologic Hazards N/il6 ne Zoning: Approved/Disapproved Date: .t ffi o llocss:raor, Sreew & Srne.trss, p. C. arroRNEys Lro courseit-oFas ar LAw T,OFOAN HOCHSTADI GEOR6€ M. sitR^w FTTcHAFO 3. 9?rl^U33 2043 YOR|( STREET DENr'ER. Coronloo eoeoa TELEPHONE 328.9222 aRea cooE 303C. BRIAII RENFRO TO: FROM: RE! DATE: I{SN PARTNERSHIP rIRST BANK OF EAGI,E: TERRY QUtrNN, ESQ. ATTENTION: JIM JOHNSON I have been asked by WSN and First Bank (the Bank) toadvise how to structure the Victorians deal.. Our iawfirnrepresents both entities and, has an absolute conflict ofinterest. Jin Johnson has advised that we can represent wsN butthis transaction rnust be approved by Terry euinn icting asattorney for the Bank. The project Ls small and needs to becarefully and cheapfy carried forward as the profit will ontycome in the last unit but aII of the problems of high techdeveloprnent and construction are presLnt and any srips can bringa disaster. HOCHSTADT, STRAW AND SIRAUSS, P.C. GEORGE tt. STRAW, ESQ. THE VICTORIANS AT VA]L ,ruLY 23 , 1987 General Outline 1. WSN is a partnership. It has purchased. thevictorian real estate (hereinafter the nropeity) fron the Bankfor $80,000.00 with a 97t,ooo.oo carry nacx riiit (hereinafterthe. carryback). r believe developurenL work shourd never be doneln a partrrership nainly cue to the nany risks and liabilttibsassociated with development and sales. r have advised wsN thatthe. Property should be conveyed into a corporate entity and allcontracts for construction and saLes be carried out in-thatnane. 2. Vail Ls currently in the process of approvinq theplans for five si-ngle farnily detached units laveragiirg 1,860square.feet) on the Property and r believe the town planners areexpecting a planned unit devel0pnent as the rot sizes are toosnarl for the current zoning. prans are as per ArchitractorDesign croup- of 7-8-87 which al-l of us have -in our possession.fhe concept is a planned unit development as set roitrr below. WSN PartnershipFirst Bank Of Eagle: ,fim ilohnsonTerry Quinn, Esq.July 23 , L987 Page 2 IJ\ r.z\i/' 3. The Bank is going to finance the construction oftwo of the units with an understanding that it night finance theothers assurning all goes we1l. The units are to 6e priced at$175ro00-00 each. The construction roan will be for-two unitsand will be in the amount of g . The Bankhas agreeg to-a mini-perm, to ffi assumingconstruction is conpleted on time and in the igreed arnounts, iorfive years. Terms to be worked out. No per:naient lender hisbeen selected although Tlratcher has been lpproached,. Titlecompany will be Land Title. The Bank wantl- its carryback loanpaid off with the sal-e of the fourth unit and. construction loansnust also be paid off at each closing. 4. The ceneral Contractor is golng to be Dudley Vehleyfor the first two units. Tenris are beinf nefotiated. 5. I believe it is imperative that tbe parties workthrough the budget of the (t) utility costs and (2J the per unitconstruction costs and then factor in these costsr'the cirrybackcosts, and the slJgs costs against the proposed sales price-s withthe procedure outlined below to see ifr-assurning no pr6blensarise, al] the tining (for interest prirjectionsi, all thecontracts are adhered to and the units selr for'ihe projectedprfce just-were the noney comes frorn and goes to and on-whatschedulei i.e., I would like to see that ihe No. 51ot is freeand crear and a substantiar profit is proJected for Lot 4 which'funds' can be used to build tire No. S unit. )____-1=---:t. Six parcels must be considered being the five units \ 1"9_the_open_ space. A pranned unit deveJ.opnent concept wilr beI followed with five "rots' being created and each lotr-via theI declaration, witl own L/E of tf,e cornnon Open space ldoS;. adeclaration will be created and fil.ed outlinina the'duties andobligations of the partiesi r intend to use a duplex decraratl_on(without the party wall language), no associatioi.r, rotate theduty to rrrun the shohrrt.yearly among the five units, and provid.efor provisions to reguire uraintenance, upkeep, etc. all -ot wtri"rrrnust meet reguirenents of the permanent lenders but be as simpleas possj-bJ.e. The COS wilL have the utility lines, etc. WSN PartnershipFirst Bank Of Eag1e: Jim JohnsonTerry Quinn, Esq.,tuly 23 , L987 Page 3 * 3. The construction loan (CL No. l) needs to beconceptuarly dividgd up betr,reen ttre ios (wheri utiLities need tobe coropJ-eted for arr five units with up i;-;a-n;;ey or about$20,0o0.00 for HoIy cros: ald tap fees'or aUou€-SsloOo.oo perynit) and the two units to be uuirt. The net ,"i"! prices'oiboth of the first two units built will probaUfy-not cover ttre No.l 9L_ as it also paid for all the utirities for'five units to trreI'ot lines (tap fees r berieve can be paid as iappeat. Becausearl these utilities (electricity, sewer, water, lelphone, cabreand gas) are being paid for in advance sone .hangovErrt on tnisportion of the construction loan will probaurv eiist as it is notbeing spread, at this tirne, over all five unifs;--i..., the net - Z. The carryback first will be agreed to be paid, asper its terms, but also L/4 of the principai pfus accurnulatedinterest, at each closing for a pariiat rirea'se-of the lot andL/5 of the cos. Five 'Lot" sitel wirt be surv"ye- i"ig"-""";ghto acconnodate each of the five separate structirre= in6r"ai"j-frr"overhang for the, parkinq and a sna1l backyard if desired and-pennitted. lrtre balance-will be cos and tfre poiiion of thedriveway, not within the lot, in front of ea'ch utrit witt u"reserved for parking for that unit owner. The unit rines shouldnot.be nuch larger than needed but the foundations must fitJ.nslcle this space to avoid encroachments. r have never seen a- foundation poured correctly on already existing iot lines becausethey only exist on paper; on the grouid they ii"-*r.ry hard to hitand then Land Title will refuse t5 give "tt.i"y-frotection and thelenders refuse to lend. If desired] an overfip-Aasenent can becreated with regard to the ground inside tne r'ot that is notDe1n9 used for the buildings in favor of the five owners of thecos but this area, if prop-rly surveyed and the units rocaied - within the lines, -shourd 6nry-be a fiw square eeet. The plat ofthe five sites and cos needs to be prepaied and. recorded is pertherequirementsofVai1andthereiraei"nair'i'-praiisabsolutely the most i-mportant first step to .""oririrh theprocedures set forth below, protect against necrra'nicr--riens anaothervise set the stage toi trre lencriig ana conslruction. Th;flrst two units can be started inmeaii€eit, ;;--$; roans will beagainst all of the property but the plat iou"i-le--cornpleted andrecord€d-before a sare or the thlrd unii belng started. Thedeclaration is recorded the page after trre piit-and also nust berecorded prior to any conveyances. I{SN PartnershipFirst Bank Of Eagle: ,fin JohnsonTerry Quinn, Esg. .Tuly 23 , l98'l Page 4 sales prices of the two units rnay not cover all of the utiritycosts of five units and the serlers wirr need to bring nore cishto the tabre to sell. .The probabirity (based on your nurnberprojections) and. solution to any 'hangoverr had bEst be d.iscussedat the front end of this deal . only €wo ways are out besides notpaying the coltractor: (l) wsN comE out of pocket with cash tomake up the difference at closing or (2) the Bank penait thehangover to roLl into the next constniction loan_ 4. Mechanicrs liens for the utillties will go againstarr of the rear estate so it is inportant that they be pai6 tortnngdlately. The crr No. I wilL be against all of the real estate(no! Just the two lots). when the lots sell, the net proceedsmus! go to payoff of 50t of the Carryback 1r7a perToEJ and-EEb9l No. 1 (50t per unit) and any strortfalt (the lots and z7s ofttte cos must be released fron both the carilback and No. I cL atclosing as security for the pernanent rend,eis) and the balance ofthis No.,1cL will^renain against the other three Lots and 3/5 oftle cos plus 508 of the carryback wirl remain unpaid. The iisueof Net Proceeds must be addressed very carefully-as the usualcontractual obJ.igation fron the bank is that the sales price' canrt be less than x dollars, and at least xg of that piice mustgo to the Bank for releases of the two loans (note thal dependingon closing costs you can have negative closinjs that reguiie wsll-to corne to the table with cash), and all inteiest is pait. current. 5. Sunmary to date after the sale of two unitE: Thetwo units have pernanent loans against their rots and 2/s of tt..eCOS. The renaining three lots and 3/5 _of the COS have therenaLnder of the Carryback and any n'angiover fron the No. I CLagainst thern. 5. The No. 2 CL for the next unit should rrroll upr theremaLning hangrover of the No.l cL and, fron the saLes proce-eds,again L/4 of the carryback and the uo. 2 cL i.s release'd fron thethlrd lot with the.hangover, if any, going to be paid off on thefourth,lot_ (just like the carryback) r'ith-the idei being that Lot5, at the latest, only has a construction loan on it foi with altof the ttprofitil coning out of this unit when it is sold. o I{SN PartnershipFirst Bank Of Eagle: Jin ilohnsonTerry Quinn, Esq.July 23, 1987 Page 5 7. The Bank wants out of the Carryback by the end ofthe fourth_unJ-tr.any hangover CLrs should be paid off andexisting c].rs paid orr suctr that the fifth rof srroura be free andclear, hopefully yit!.sone profit on the fourth lot and a smar1,on no, cr.r needed to finish tot 5 with all the profit in this lot. 1. The Bank has its standard paperwork forconstruction loans that can be morded to-nlet tnii rict patternregarding_what is going to-happen with thd Carryback,' construction Loans and Mini-perrns. r assume it-wants personalguarantees from all three parties. other than the utiiity t"-oe,r believe It is inportant to contain mechanics liens to tire l;a ' being worked on. 2. The biggest problems come with disbursal of theconstruction roan proceeds as work progresses and outiining---nechanics lien releases as historichry tne construction 16anruns out and the project isnrt finished. The deveroper wants thelender to loan sone nore to finish the job and the lend,er wantsthe developer to put in more cash equity to comprete. rf thedeveloper is.'out of funds'then the gank is pui into theunwanted position. of funding what can become i roser merery totry_and salvage its l-oans. The rrarket price is all that witl bepaid (usually the first unit wilr sell -for somevhat less than therast ole) and arl costs nust be ar.located back from that nunberwhieh is a constant guessing game. Again, r wirr defer to the P3$ p?p.rwork on this natter unless sonetning needs drafted.This situation needs tied into Land Title ror-l-t to update thetitle work before each draw to be sure that no liens itive ueenfiLed. Further, the Bank and the pernanent lenders will wantnechanics lien protection and Land title should be asked now whatit will want to issue that protection in te:ms of payment and,procedure. r understand that Jin Johnson intends Lo-personallytake rrlook seesrr prior to draws. 3. fn the event of a Lien being filed, the Bank nustbe protected and its trust deed covenants-will piace the cost andburden on the borrower to bond it off. IrsN shoirld. be preparedfor this probJ-en, have an ironcrad contract with the contiactorincruding knowing all of the subcontractors on the job to be sure wSN PartnershipFirst Bank Of Eagle: ,firn .IohnsonTerry guinn, Esq.July 23, L987 Page 5 that everybody is paid. The construction contract shourd. berecorded_ ?s peT the colorado nechanics lien statute to protectagainst liens in excess of the total contract price. A notice ofdisburser should be filed by the Bank. 4. The Bank wiII pass through to the borrowers alI ofits costs of protecting itself incrudiig its lega1 fees fron Terry Quinn. My firn wil1 bill the boriowers, it the rate ofs125,/hour, for all tine needed to perfonn the work to finalizethe loans with the Bank and their internal workings regard.ing thedeveloprnent. we will only perform acts reguested of us and aftera discussion of the costs. Terry euinn wift review my proposarsand negotiate for tbe Bank with iegard to the issues. rn theevent of a dispute, we can represent the borrowers and the Bankwill be represented by Terry. Please review and advise. Yours truly, GMS/bha STRAW & I\r_\r I. Date of appl-tion 7-L-87 APPLICATION FORM FOR SPECIAL DEVELOPMENT DISTRICT DE\TELOPMENT PLAN This procedure is required. for any project that would go throughthe Special Developrnent District Procedure. The application will not be accepted until all information is subnitted. A. NAD{E OF APPI.,ICANT WSN PARTNERSHIP , q19 vrl,r,acE REAL ESTATE AND RENTAL MANAGEMENjA302 HANSON RANCH RoAn. \rarr., cntORlU)-Ci---YEKrNa; 4JS-2,2A+- B. ADDRESS NAME OF ADDRESS APPLICANT' S RNPRESENTATIVE SAME AS ABOVE JOHN F. NILSSON -\^\S+eq^!D"+ s71-3aS/c.AUTHORIZATION OF PROPERTY OI1INER SIGNATURE ADDRNSS SAME AS ABOVE PHONE D. LOCATION OF PROPOSAL ADDRESS 4415 BIGHORN ROAD, VAIL, COLORADO LEGAL DESCRIPTION LOT 2' BLOCK 3, BIG IL II. Four (4) copies of the following inforrnation: A, Detailed written/graphic description of proposal .B. An environmeniil impact report shitt'be submitted to the zoning .;1--administrator in accordance with ChaPter 18.56 hereof unless waived dAtVf,y' by section 18 . 56 .030, exemPt projects; sufficient to meet the demands undue burden on availableC, ,An open space and recreational plan ,/ generated by the development without ' or proposed public facilities; ,/ .,./'<ra o,tw F. PAID - A List of the name of owners of Subject property and their Biling all property adjacent to the a-ddresses. $100. 0o (0vER) I : | ' Application for$ecia1 Development Distril Development Plan 1 Existing contours having contour intervals of not more than five ' feet if the average slope of the site is twenty percent or less, or with contour intervals of not more than ten feet if the average slope of the site is greater than twenty percent. E. A proposed site p1an, at a scale not smaller than one inch equals fifty feet, showing the approximate locations and dimensions of all buildings and structures, uses therein, and all principal site development features, such as landscaped areas, recreational facili-v- ties, pedestrian plazas and walkways, service entries, driveways, and off-street parking and loading areas wiLh proposed contours after grading and site development,' F. A preliminary land.scape p1an, at a scale not smaller than one inch .. equals fifty feet, showing existing landscape features to be retainedv or removed, and showing proposed landscaping and landscaped site development features, such as outdoor recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features, and other elements; G. Preliminary building elevatlons, sections, and floor plans, at a scale not smaller than one-eighth equals one foot, in sufficient \* detail to determine floor area, gross residential floor area, interio:circulation, locations of uses within buildinqs, and the general . scale and appearance of the proposed development. III . Time Requirements The...Planning and Environmental Commrlssion meets on the 2nd and 4th llondays of each month. An application with the necessary accompanying material must be submitted four weeks prior to the date of the meeting. NOTE: It is recorunended that before a special development dj.stri.ct application is submitted, a review and comment neeting should be set up wi-th the DepartrDent of Commun ity Developnent. D. ,E Onlv ALTt CO!ril A${EIIJLT st{T Allt lcrtlln No. VfOaO* I?t{ A Fon tnlonmtlon - Cfrrrnr -fl-TA Sr:n nu-tgt ILTE LEhM Fq-ICYTrr C*tlf.--TOTfl.-- at61.oo a40.oo fu,ooffo6.@ I I I aI .. lr. II t II' I I I I I I I I : ;i '3. ". 4, 6. lflth yorn rarlttrn€r rleur r.efrr to Vl0e0lr Effuctlvr Brtrr Arr.tl l$r l?tF Fellslrr to br laluedr arrd "rorored 'ALTA'f funanl'l Pollcv Fcm B-lf7O (hrndrd t0-lt-?O) Fr.ororrd tnrurrdr $*a FmTrfn*rtP rfl-?A' Loro Potlcv(ltt0 Rrvlrlonl Prorcrd Int$mdr TE rt Stoo A.ll, Inrcmdl ll0rOGO.OO rrf*md to lr rt thr The ctrtf 6F lntfmrt ln thr lrnd drrcnlbed ontlttr Gonltmnt rnd covemd hrrrln lrr A Frr tlplr Tltla to the utltr on lntrFert covrrtd horrlnrffrctlvr drtr het'rof vrrtrd tnr FIRAT HUIH OF EATLE OCT'{TY ln Thr lrnd FtfrFred to ln ttrtr Connltrant lr docrlbrd u fol I our Rme ilarta,. RLTA COI{IIIT j' ,: slfiruI t : Lot 2r Sloc|* lr EtllfilN t[r$M$l$flm T!: nEumre n-f,T Tlsffir 60llffY, qolmAm '.IEHT 0;rllsrtloi ilor VIOIO+ TI{IRD ADITISTT MilDI}S OF EAd..& a?ATE S o I PSz ALTfi COII!{IT}IENT 8q'Enr.E E-t (f,rculrcmntr) AFfllcrtlon l{o. VIOaOl} Thr follorlnr lt.r thr rtrulrrlrntr to br corplhd rlthl , . l. hyrent te on fon thr rccount cf thr lt.rntorr on rortnmrr oftlrr full cenrld*rtlca for. thr rrtrtr or lnttmrt ts brlnlurld, 2. Proprn lnrtrurentlrl cniltlftr th. rftttr or lnt*ilt to brtnrumd rurt br lxrcuted rnd dulv ftlrd for prcord' tl*ltl nELffE tr EED F Til.FT DA?ID tururt 3e" 1fit6, Ff0l FSI lJltTlO TO fiE'ItH.tE THTITEE f EAil,."g fU,,f'lTY rfi nf UlI oF ffi$r mlx il SAOLI Ccrilt" ttffi,m flG ttt F 199r6fr7.O1 R0GORDCD lrrtllbrn Oth lnftr ft| mK fit{ *TFfiffi U76. ;4. Er !n'IDSNE 8ATtFffiTffiY To Tl.; CI*IRTNT t}ST ilfr TEFI8, C$FfiIgiT IiOpiOWtIgtA S T}E Tctiltl r VAIL Tn|t#m ?AI ]lAtE ffil 8A?tStsD, ]lAthfrJrTY DEI Ftrfi rtnif BAM( tr Enfl.G Cfi,ilTV ?O rH{ itrn'm*ltFg,N.EC? FffiERTY. m F ?n 8T Fnflr lsil FrRfl{ERt{tF TO T}f tr.B-IC tiU3TE OF Erg.JI ffi.Xw' ' FM NG UEE F TED Tg ESC|trE ru qfi F TDD. HOrEr TlltS Fi{fffiTY t.lAY G A,B.EET m T}c glo}mN Fr$rt}F ilSElI{HT FYvti?tt OF rl€Ur8t0it lN n'G glfl.m{ FAVltiF DtArRlcT. Pt Effi B!ilT*T fif Tll|rl 6,. s tmtL nS0ARDns sAtD ffiiF{T, Tf{f cdtfw g-mr AilD namERt cFFlof iErutRES nETtnileffic8f;8 oil mJrtlrTt isrT Fm ilosfiDtrG! ! Ll NAtr 3 : l l l l l [-- I I I t i," I I I I I ALTA GOI{TIITIIENT slrSrLE F-2 (Exciptlonr)Aerl lertlcn No, VfOilOa I ttrr pcllcv or. psllci* ta br luurd slll sontrln axetrtlenl to thrI fetlorlnr unlrlr th. nm *r dlrrorcd e# to thr rrtlrlretlon of the Camrnvr ' t. 8trftfiid gxtaftlofit t thpourh !t pnlntrd en thr covtn tftret. O' Trxrl rnd urerrn|ntr not vrt dur or prvrblr rnd rprclrllrrfrliailtr oot vat c.Ftlftrd to thr TrrrrsFftt'l offlcr.. 7. Anv unrlld trxrr oF lrlarfrrntr mrlnrt nld lrnd. 9. Lhnr for unprld ntri. lnd r*rrt Ghtrfar' lf tnv. Rr(t{T s F;rf,tEToR ff A rrEtl{ 6 t-o![ To errmGT nrlD REl3tf xtt ilE fif;FCFffir s.fix.t-D TtG 8ArI x Fd,|rD To FgGTm?E n tilTtffiffir ns Fnnfiilt. ed ifiEn ED lt{ tiltfED IT0TEC FA?tilT fiUffiD lrtvrs* l7r lDffii llf. H( *l: AT ire 4tit. lo. irctr F t{Av Fm DIl?rGt il ctls-s cqttsTf,ueTED 8Y T}5 flIrfilTY S nf t'*llTfg 8TA?t8 S n3ffiv8F tl{ lt{lT[D ETATEi PATEtil? REOmft lhvrr]* l7r"lio2r lil mt( l[3 A? fflF ifl, Ats Rccss }lovilbrr. trh llctr lil'ru( tzf AT ffi '28.ll. nElrFIgTltS grr|{Ailn"r }il'llg{ m NOT esffAlt{ fi FGEITLn! G inilf]tf DLAJ|€, HJT SltTTltrF iSlTtIGftStN, lF At|v, EjEA! Cl HlGSr Cfl.fit Rn IOlOr,fi t{A?ISnL ilt0li|r m SOaTAIIGD tt{ ttfilRlr|Er.lT nEC@ Jolv t2r l?iih l}lm( 17S fiT Fffi liQ arF AB AIG||DED lttl tf$rf,flt€t{T ffid0frmD Arll &ll tlttUrrx sor ts7 AT PrK ito. I2. UTILITY EAAS.EIiIT SIIT;ET{ FEET IX }IIDTH H-ONP T}E S,T}*Ef?ffiLY E,S ttffitl{*9rERLY L0t LllSS ffi e.O}Sl Ol{ T}t RECORDED n-AT f Bl0ffitft[rE0lvltt0l Tl{tRD NITI0{r Ailnm PLAT' Lt ?, o LA'{D TITLE Rrmrtlatlnr titT vloaorr rfli P*TlFltlilF rt*tr xilf,( tr ;m-E efl,ilw Crll 27r Oun gndrrt SIYERT IAJ"SRt AffiI .mT i&.f,r ffi.TYm sx ativAILr CO. 31rbl5 I Attor finV lllffil NTDC TMGT fiGfiI- E8TfiTET" NIE NT.v*tlr €. ftaot I Attor rHil NIL$gtl c|-oeln Attnr tffi-L PUBLIC NOTICE NOTICE IS HEREBY GfVEN that the Planning and Environrnental Commission of the Town of VaiI witl hold a public hearing in accordance with Section 18.66.060 of the municipal code of the Town of Vail on August 10, l-987 at 3:00 PM in the Town of Vail_ Municipal Building. Consideration of: 1. A request for a conditional use permit in order to have an outdoor dining deck at Torinors restaurant located in the Raintree Inn, located on Tract C, Vail das Sctrone Filing #1. Applicant: IIa Buckley 2. Work session on the Christiania concerning the previous pEC approval on ILIay llth. 3. Reconsideration of revision to Design Guidelines of the Municipal Code for prirnary/secondary and duplex separation. 4- A reguest for a speeial development district and for a review of a major subdivision for the Victorians located on Lot 2, Block 3, Bighorn Third Filing. Applicant: WSN partnership The applications and information about the proposals are avairable in the zoning adninistratorrs office during reg:ular office hours for public inspection. TOI{N OF VATL COMMUNITY DEVELOPMENT THOMAS A. BRAUN Zoning Administrator Publi-shed in the Vail DEPARTMENT Trail on July 24, l-987. _t// /2i /F1/ .tv /---".)' , d-J-/ \oa 7. /3. t7 f, *'( of v *i t- C.o ft huP;r/ IEV €tr,/, !)u/. hp. Tlloh frs 4, EE 4 Ur,',k, flc,,,/t f,u ,b llr- n"tLfrt I - ?*7.,,.-( fnt '' Wt'U &"n-lutr*,f:'t &'*;/ ,{N ,tat ua}*'cv4-) /*( 2 - t/*tr-3 - ts*73: Af.p!fr-,"/ lL/g /L/ | n nfl+ shf J a",,"' Zlre U^n'ot il}; 1t'Q*'t-!' fs''f/ 3'z '!'1*t'r4 J'*'u o- a,"t -l lt*tn o:)-'* I 4/)+'^'GI Llv 4 i*Lo**"''fr^*^- oPr^.(. ,il6"* [l"f'" P*W^L I l*L o^rurl 0(t'* ll'h rt'*t*7 Strnn o,<y Tt,' 0/4r.!'n* n*Z-;f ,W y/^-(f*r, dr/,( , Qu,-J. fll* k fe oztaikb.-,.a, .- W:4,17 ** r/,''aa"7/'qy* )^il-D ry> f i sa o F;y to I FrrREt'ro' oQ'- ?V?77 -9o3- ??7-2fs1 ,I I{TER.DEPARTMENIAL REVI El,l PROJECT: DATE SUBI.IITTED:DATE OF PUBLIC HEARING COT1I4ENTS NEEDED BY: 8R]EF OESCRIPTION OF THE PROPOSAL: PUBLIC I{ORKS :;l::::,ov G* o^'" /1*, O -a., rJ C€> .(2atve-v.>< C.>t-u€r-7' @ /*.," f 7a dor o*t u?tz2at ft*'t-/ 6' Pa+"'erro /o'th) FIRE DEPP.RTMENT Reviewed by: Comments: POLICE DEPARTI4ENT Date --l Revier+ed by: Connents: Date .. ..r REC P:EATi OII DEPARTTIINI Rev i ewed .by: CO;,;,entS: Date ( i-- MINUTES VAIL TOI.IN COUNCIL MEETING AUGUST 18, 1987 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, August 18, 1987, at 7:30 p.m. in the Councjl Chambers of the Vail Municipal Building. MEMBERS PRESENT:Pau'l Johnston, Mayor Kent Rose, Mayor Pro Tem Eric Affeldt Gordon Pierce John Slevin Gai I l,lahrl i ch-Lowenthal Hermann Staufer Ron Phi'llips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Cl erk MEMBERS ABSENT: TO}'|N OFFICIALS PRESENT: The first order of business was presentation of a Ten Year Anniversary Silver BeIt Buckle to John Gallegos. Notes of comnendation were supplied by Ron Phillips and " Stan Berryman. The second order of business was presentation of a Ten Year Anniversary Silver Belt Buckle to Kurt Mulson. Notes of commendatjon were supplied by Ron Phillips and Ken Hughey. The third jtem on the agenda was the Public Input Session for the 1988 Budget, with Ron Phjlljps supplying some background information on the overall process and Steve Barwick giving a short presentation. Steve noted the Town Council had already comp'l eted their Service Level Analysis surveys and the results had been so noted. Additionally, he broke down sources for revenues and expenses of the Town of Vail, and noted there would be no major changes other than the potential for the Town of Vail to colJect its own sales tax, such change assuring an additional revenue sourceof $1.1 million dollars the first year of collection. No comment from the public was forthcoming. Item four on the agenda was 0rdjnance No. 17, Series of 1987, first reading, an ordinance adopting an jnvestment policy for the Town of Vail. Charlie llick notedthis had been discussed thoroughly at the work session during the afternoon, and there being no further discussion, Gordon Pierce moved to approve this ordinance, with a second coming from John Slevin. A vote was taken, with al l in favor except Eric Affeldt. Following the vote, Eric stated he was still uncomfortable with the col'lateralization of certificates of deposit over $100,000.00 where real estate mortgages are used for collateralization. The fifth order of business was Ordinance No. 30, Series of 1987, first reading, an ordinance approving a special development djstrict (known as special developmentdistrict No. 18, Victorians at Vqjl) and the development plan in accordance withChapter18.ffi0DEandsett.ingforthdetai.|sinregard thereto. Rick Pylman presented an overall view of the project. David Skirmhorn introduced himself as one of the developers of this project, and also noted that John Neilson and Cynthja l,lilliams were jn the audience as well. Skirmhorn stated that negotiations were still proceeding for placing the Holy Cross lines underground, and that surrounding neighbors and parties of interest had been contacted in regard to their participation in that facet of the project. A discussion also ensued regarding the road access and road radius for the fire department. Eric Affe'ldt moved to approve the ordinance on first reading, by including the following conditions from both staff (per August 10, 1987 memo) and Planning Commission (per August 18, 1987 memo): STAFF RECOMMENDATION: 1. The sjte plan and building plans submitted by the Architractor Design Group and the preliminary plans submitted by Johnson Kunkle and Associates shall serve as the development plan for this special development di stri ct. o r i 2. 3. The access drjve be redesigned to provide the eastern property line of Lot 2, Block The existing overhead power lines shall be'length of the property before a temporary i ssued. the required buffered zone from 3, Bighorn 3rd. jnstal'led underground t{te certificate of occupancy is PLANNING COMMISSION: 1. The applicant not remonstrate against a special improvement district, if one is formed in that area for the purpose of creation and financing of a bicycle path that would serve Bighorn Road. That condo declarations be filed wjth the property that address additional GRFA and common maintenance provisions. The change from wording of the setbacks as described in the staff memorandum dated August 10, 1987, to the wording that is listed in the ordinance to go to Town Council. Kent Rose seconded this motion. A vote was taken and the mot'ion passed unanimously, 5-0. The next item on the agenda was a Vacation and Abandonment of an Existing Easement "over the northerly ten feet of lract A, Vail Village, First Filing. Kristan Pritz noted that al'l uti'l ities had signed off on the Vacation and Abandonment. Kent Rose moved to approve this item as presented, with a second coming from Gordon Pierce. A vote was taken and the motion passed unanimously, 5-0 The seventh item of business was an appeal of the Red Lj.qn Inn Amplified SoundPermit. Ron Phjllips described the process for frant'ing a sound perm'it and thecriteria involved. Susan Scanlan stated that of the five ex'isting long-term amplified sound permits, she was hav'ing problems with the Red Lion, and had complaints involving Pepi's deck, too. No parties with equity jnterest ownersh'ip in the Red Lion Inn were present at this hearing, although Steve lvleyer, the musician atthis location, was present to speak on behalf of continuing the permit. It was established that proper notice had been given to the permittee, both verbally and inwriting. It was further established the sound level meter had been calibratedwithjn the past thirty days. Steve i4eyer presented materia'l from ROLLING ST0NE IIAGAZINE relating to crowd noise decibel levels, as well as hjs attempts to work with Susan in monitoring the noise. Jack Curtin, the appellant, presented documentation of various incidents where the permittee had p'layed music beyond the decibel level requested and granted, and incidents where music was played outside the time parameters which had been granted. After all the testimony was given, EricAffeldt moved to revoke the amplified sound permit for the Red Lion Inn, and this was seconded by Kent Rose. His findings noted the repeated vio1 ations of the permitee, as well as a disregard for Town ordinances. A vote was taken and the motion passed unanimously, 5-0. Under Citjzen Participation, Jack Curtin spoke further of the problem with amplified sound on decks in town. He suggested to the Council they review the current ordinance and remove amplified sound permits that are given over a long period oftime. Larry Eskwith noted the original ordinance was not conceived to cover "live"entertajnment, and that after he reviews some procedural and legal problems, he will be re-drafting this section of the ordinance. Bob Fritch also noted he was havjng numerous problems with amp'lified sound coming from various decks and, now that he understood the procedure for pursu'ing getting rid of the sound, would do so. EricAffeldt requested that Susan Scanlan check with current live performers to see whattheir response to the demise of amplified sound might be. He asked this be returnedto the Council for their consjderation withjn thirty days. The eighth item on the agenda, the Town Manager's Report, included the following 2. 3. i nformati on : 1. Bus and ridership was up 6.5% in July, which ri dership was down in April, l'lay June, as was sales tax. -2- I't t'fr-4,.4 | 4rL 3 K++ ( -.4n^ L e-"1o TO: FROU: DATE; Town Council Connunity Developnent Department Augrust L8, L987 "-'l SURTECT: Victorians at Vail- Special Development District This request involves two separate review processes. The reviewof a preliminary plan for the major subdivision reqluest and alsothe review of a special development district zoning request. Lot2, Block 3, Bighorn 3rd is residential cluster zone parcel located along the Frontage Road in East vail . Size of the lot is 41,512 square feet which minus the amount of area of forty (40) percent slope allows for developnent of five (5) clwelling units and approximately 9r0OO square feet of GRFA. The proposed specj-al development district meets the underlying residential cluster zonedistrict. The Planning and Environrnental Commission voted 5 to 0 with oneabstention to approve the special development district and najor subdivision request as per the staff ruemo dated Augrust 1"0, L987. The PEc added an additional three conditions beyond the threeconditions of staff recommendations. The additional conditions read as follows:l-. The applicant not remonstrate against a special inprovement district, if one is formed in that area for the purpose of creation and financing ofa bicycle path that would serve Bighorn Road. 2. That condo declarations be filed with the propertythat address additional GRFA and cornnon maintenance provisions. 3. The change from wording of the setbacks as described in the staff memorandum dated August LO, L987 to the wording that is listed in the ordinance to go to Town Council . Staff recornnendation to the Tonn council is for approval of thisrequest with the staff and additional Planning Commission recornmendations. #ag" Street Real Ert" and Investment Company 286 Bridge Street Vail, Colorado 8L657 303-476-2212 Denver-629-7214 February 23, 1,987 Memo: Betsy, Dept. of Planning and Zoning Town of VailFrom: John F. Nilsson Dear Betsy: Kindly present to the planning staff for i_nformaldiscussion the attached photocopy of a structure that Iwish to develop on Lot 2, Block 3, Bighorn 3rd Addition. It is my information that the Lot is zoned "Resl-dentialCluster" and will a11ow 5 units. I wish to construct 5free standing cluster homes on the site of approximately 1200 sguare feet to 1500 square feet in size. f intend to have detached garages and some auxilliary out buildingsthat would house hot tubs and saunas. We are just beginning the conceptual stages of this development and I wanted to be certain that the concept isnot contrary to your guidelines. Design will probably begin soon with a goal of construction beginning May, 7987. Thanks for vour help ! (i n r.ara I rr STREET REAL ESTATE ohn Nilsson,NiIsson, fnc. , . ., (:i r'(.. d a, t. Professional Real Estate Brokers for Vail and Beaver Creek t al -'- - r a-tt ar I rl aa t,} qti: !!r* !i.t -!l $$i {s$.a It :i,l 75 soulh lronlage road Yall, colorado 81652 (303) {76-7000 oltlce of communlty devetopment January 12, 1984 Ski and Shore Rea'lty Re: Lots I , Z, 3, Block 3 Eighorn 3rd This.is to_verify that the above lots are zoned Residentiat clusterand the allowabte GRFA wourd be zs% of the uuildilie-ilie area, wnichexcludes any property over 40% s1ope. According.to our records, lot I wou'ld be allowed 4 units, rot 2 wouldbe allowed 5 units, and lot 3, 2 un.its. 5 i ncerely, ^\i ^r)\ {..-t,tA Lt F=rW.-__ TOM BRAUN =-- Town Planner TB: br : ! I I I i I I I I l i I ! f':'S:g"rt-rf,:j.d":t::,bl.C,|]s' 'jrrrr':.lr;i.*,:rii.+:tiretsj;r"n.>:r &.;r-a.di. r * "-.. rt' - TABIE OT CONIENTS DECI,ARATION OF cpvENAlflls, coNDItIoNs AND FOR THE VTCTORIAI|S AT RESTRIEIIONS VAIL Article ften DefinitlonE Descrlptlon and Resenration Property Dlvlslon Allocation of Uncovered Parklng Spaces ExterLor Decorating, Iandscaping and Maintenance Utilltles ArchltecturaL -Aesthetlc Control Easenents InEurance Damage or Destruction Connon Open Space Diaintenance Assessnents Adnlnistration and ltanagenent Condennation Termination of l{echanlc|sLien Rlgtrts-f ndennl f icatLon Separate Assessnent and Taxation- Notice to Agsessor General Conditlons, Stipulations, Resenrations and Protective Covenants Declarants Right to Anend Town of Vall RequirenentE Via Ordinance 30, Series of 198? Paqe 2 3 4 4 I IO t3 15 15 20 2L 22 22 23 25 26 I 2 3 6 5 7 5 5 7 8 9 10 11 L2 13 14 15 16 L7 t8 DECIARATION OF covENAlrrs, eoNDrTroNs At{D RtsTRrqrroNs FOR TITE VICTORIN{S AT VAIL A PI.ANNED T'}IIT DEVEIOPI.IENI PITRSUN{T TO C.R.S. 24-67-LOL ET SEQ. Ttrls Declaratlon Le nade thiE day of _, 1987 by WIIJJIAUS REALTY CORP., a Colorado corporation, hereLnafter referred to as trDeclarantrr. T|IINESSETH3 I|IIEREAS Declarant Ls the orrner of Ipt 2, Block 3, Bighorn Subdivision, Third Filing, Eagle County, Colorado (deed recorded in Book _, Page ) which has been resubdivLded Lnto Lota t, 2, 3, 4 and 5, together with each Lots undivided 1/5 lnterest, as tenants Ln conmon, in ttre Conmon Open Space beLng deflned on the Plat ltap as Parcel A, the Victorians at Vail, the lots, Colomon Open Space and otlrer natters being defined on the Plat litap of which has been recorded ln Book and Page offices of the Eagle County, Colorado Clerk and Recorder (hereinafter referred to as the Victorians or the Property) and I{HEREAS Declarant has constructed upon Lots 3 and 4, the VictorLans, two resl.dential dwelllngs (the Units) consistlng of two single fanlly unlts, and INHERE"AS DecLarant, or Declarants assigns, will construct Dnellings upon the remaining lots 1, 2 and 5, three raore single fanily units, and I|IIEREAS Declarant deslres to inpose covenants, condl- tions and restrlctlons on the Victorians, NOW IIIIEREFORE, Declarant hereby declares that the Victoriane at ValI Plat llap, a Resubdivision of Iot 2, Block 3, Bighorn Subdivielon, ['hird Flling, Eag1e County, Colorado shall be held, sold and conveyed subJect to the following eaaenents, restrl-ctLons, co\renants, conditlons and obligatlons, which are for the purpose of protectLng tlre value and deslrablllty of the VLctorl.ans, and yhich ehall be appurtenant to and nrn wlth the I I I I land, and shall be blnding on all partles havlng any right, tltle or lnterest ln the Vlctorians of any part thereof, thel.r heire, successorg and assLgne, and shall Lnure to the benefLt of each owner thereof. DEFINITIONS UnleEs the context shall e:<pressly provide otheml.se the following terns shall have the following ueanings: A. rllhe Propertlesrr means all of the real estate legally descrLbed on the Plat ltap as The Victorlane at VaLl, a ReeubdivlsLon of l,oc. 2, Block 3, Bighorn Addltion, Third Flllng, Eagle County, Colorado subsequently resubdivided into lpts L, 2, 3, 4 and 5 each together with an undivided one-fifth (1/5) interest aE tenants in conmon l-n the Coumon Open space belng denoted aE Parcel A on the Plat Uap, all being a ResubdivLsion of Int- 2, Block 3, Bighorn Addition, llhlrd Flllng, Eagle County, Colorado according to the PIat Map thereof recorded in Book _, Page of the records of the Clerk and Recorder of Eag1e County, Colorado. B. nl€trr or rrBuilding SJ-ten neans Ipta 1, 21 31 4 and 5 as Ehown on the Plat l,!ap together wittr all appurtenances Lncluding the undivtded f/5 interest, as tenantE in comon, J.n Parcel A. C. xUnittr neans the five dwelllng units contructed, or to be constructed, upon the lots. D. nConmon Open Spacer [eans Parcel A as shown on the Plat lilap which shall be owned equally by both of the owners of the Iots !, 2, 3, 4 and 5 each having an equal undivlded one-fifth lnterest, as tenants in comon, in and to the Connon Open Space. F. nllnlted Comrnon Open Spacen neans those parts of the Connon Open Space llnited to and resenred for the exclueive use of and appurtenant to one or nore desigmated Iots, but fewer than all of the lots. -2- G. rorynertr Deana a peraon, peraong, fl.rn, corporation, partnerehip or assocLatlon, or other legal entity, or any corobln- atl.on thereof, owning an intereEt in a IFt. H. tPlat Uap, Uap or Plattr neanE and lncludes the engineerLng aur:\rey of the PropertJ.es by Colorado L.S. _, depictlng and locating wlth speclficity thereon the five Lots, and iuprovenents thereon, the Parcel A Conmon Open Space, and any other drawing or diagrannatlc plan deplctlng a part of or all of the land and iuprovenents thereon subroitted to tlris Declaration. Such l,lap(B) shall be recorded l-n the office of the Eagle County Cterk and Recorder prior to the recordation of this Declaration. ARTICLE I Description and Resenration Every Contract of Sale, Deed, Lease, l.lortgage, Trust Deed, Will or other lnstnrnent shall legally describe a UnLt or real property interest as folloss. Lot No. L, 2, 3, 4, and 5 (as the case Daybe), together with an undivided one-fifth(1/5) interest in Parcel A, the Victorians at VaiI , a Resubdivision of Lot 2, Block 3, Bighorn Additl.on, Ehlrd Fil.ing, according tothe lilap recorded at Book andPage ariZl-ac:lffirdTi-g-to theDe;lams, Condltioni andRestrictions for the Vlctorians at Vail recorded Ln Book == = Page_.= all_of_the records of the Clerk and Recorder of Eag1ecounty, State of Colorado. Every such descriptl.on ehall be good and EuffLclent for all purposes to sell, convey. transfer, encunber or othemiEe effect not only the lot, but all appurtenant rlghts, benefits and burdens thereto as created by tlre provisionE of this Declaratl.on, and each such description shall be so constrrred. This provielon shal.l apply to the propertLes aE said tern (the hcopertles) Ls defined Ln thLs Declaration. -3- ARTICIJE 2 Propertv DLvLston 1. Declarant hereby establlshee tbie ptan eor ttre subdlvislon of the Property into flve (5) Lots for ownershlp Ln fee sinple coneisting of lat-e, L, 21 3, 4 and 5 and tlre co-ounershtp by the Lndlvidual and separate ownere of Iots Lr 2, 3, 4 and 5 as undivided co-tenants of Parcel A which comonly owned property is defined and referenced aE Comnon Open Space. 2. llhe Conmon Open Space ehall be subJect to the easenents noted on the l{ap and those eet forth herein. 3. IotB I, 2, 31 4 and 5 Bhall have appurtenant thereto an undivided one-fifth (f/5) Lnterest Ln parcet A rhLch ehall be inseparable fron lcte L, 2, 3, 4 and 5 and nay be conveyed, leased, devl-Eed or encunbered only aE such undivided interest. 4. No Olrner shall bring any action for partitlon or division of either the Iots or the parcel . 5. In the event any of the lots are owned by tbe sane entitLes, the doctrlne of merger shall not apply. ARTICL,E 3 AlLocation of Uncovered parkincr Spaces and prl_vate Area l. There is described on the lrtap (l) a private roadway deEcribed as victorlan circre and fLve uncovered parkLng spaces where are nurnbered I - 5 and (2) the prLvate Areas which are sinilarly nunbered and tlre parking spaces and prLvate Areas are hereby deslgnated as L,inited Connon Open Space. The owner(s) of the unitg sl.th the sane nunber Ehall have the sore and exclugl.ve right to uee euch Parking Spaces and private Area to the exclusion of all others, for itreir private uee and the parklnE of vehicles: 2. Tlre cost of naLntenance, upkeep and repair of Victorlan Circ1e, and the parking spaces shall be borne equaUy by all five of the ownere of the rots. The prlvate Area ehall be nal.ntaLned at the eole coEt of the lot Owner. -4- o 3. l,tutual reciprocal eaeenente ln favor of all flve Oyners are hereby granted over and acrose the parkl.ng Spaces for i.ngress and egress to the Conmon open Splce so long as euch use does not lnterfer wlth the parklng of vehlcles with tlre parkJ.ng Spaces. ARTTCLE 4 Exterior Decoration, Iandscapincr and ltaintenance 1. Exterlor uaintenance of the Units and Connon Open space including, but not lLulted to, paLnt, repair, replacenent, and care for roofs, gruttere, downspouts, exterior bulldlng surfacee, trees, shrubs, grass, walks, the uncovered parkl.ng Aeas and victorian clrcle shall be the nutual obllgation of the oilnerE of the unitB. such exterior naLntenance sharl not include clean- ing or replacing glass surfaces, doors, or exterior damage caused Lntentionally or neglS.gently by an Owner, his fanily, guests, or Lnvitees. cteaning and replacing glass surfaces and doors wlthin a particular Unit shall be the reeponsibtJ.tty of the individual Onner. RepaLrs of exterLor danage caused by an Oyner or hiE fanily, guests, or Invitees shall be repaired by euch owner at his ercpense. In the event the need for maintenance or repair Ls caused through ttre wllIful or negllgent act of the Orner, hls fanily, gruests, or lnvltees, or j.f an Oryrrer fails to replace glaes surf,aces, in eitber caEe, after ten (fO) days! notlce from any other olrmer, the other Otrner (singularly or in concert wlth the conplying onners) shall have the rlght, but not the obllgatl.on, to have the repalrs of maintenance performed and the cost of euch maintenance, replacenent, or repairs ehall be a lLen on the Lnterest of the defaultl.ng onner yhich nay be evldenced by a notl.ce thereof recorded ln the Eagle County records. 2. If an Of,rner falls to pay hie share of any coEt for nal.ntenance, replacement, or repal.r of an iten descrlbed epecif- lcally or generally ln thle DecraratLon and lf the other orrnera (slngularly or ln concert) have paLd one bundred percent (f00t) -5- of the coBt tlrereof, auch other OwnerE ehall bave a lien on the Iot of the defaultlng Olrner for the defaultlng Orrnerrs share whlch nay be evldenced by notLce thereof recorded. ln the Eagle County records. llhe debt evidenced by euch lien shall be the personal obtigation of the defaultlng Onner and the other Owner(s) shall have the right to sue to collect the debt or to foreclose the lien as a nortgager and the preval-ll.ng party in such actl.on shall be entitled to lts attorneysr fees and coete. Any Bum paid on behalf of a defaultJ.ng Owner shall bear Lnterest at the rate of eJ-ghteen percent (18t) per annun from tlre date said sun was paid by the nondefaulting onrner(s). 3. lfhe exterior decoration and landscaping of the Unlt includlng, but not linited to, color and texture of paLnt, stone, woodwork, paneling, roof materials, siding, and the current exterior landscapLng conslstJ.ng of natural mountaln grassee and trees shall not be changed from that originally utllized on the Property and on the Unite yithout the prlor written consent of a naJority (3 out of 5) of the Lot Onners. Ihe color of draperLes, shadee or curtains vislble fron outside the Units shall be the personal taEte of the separate onners but shall be naintained l_n a clean and neat fashion ln hamony wlth the surroundlngs. ARTICIJE 5 UtilitieE All Ipts have separate water, sewer, electrl.c and telephone and billlngs for each eerrrice shall be the lndlvidual obllgatl.on of the Owner to whon the serrrices sere rendered. Any and all serrrl.ces for the Connon Open Space shall be paLd tor L/s per lot. -6- ARTTCLE 6 Archltectural-Aesthetlc Control 1. No exterior addltlona or alteratlons to any exter- Lor lnprovenents (lncludlng the Private Area), landscapJ.ng or changes Ln fences, walls or other structures, shall be colnnenced, erected or ual.ntained until and unless the plans and speciflcatl.ons showing the nature, kind, shape, heights, materLals, floor plans, exterior color scheme and locatl.on of euch etructure and the gradl.ng plan and finiEhed grade elevatl.ons of the Iot to be bullt upon ehall have been subnltted to and approved j.n writlng by a naJority of the Owners. SubJect to the aforesaid vote, each Owner shall have the right to refuse to approve any such plans or specifications or gradlng or landscaplng the fands which are not sultable or desirable Ln his opLnion, for aesthetic or other reaEons, and in so passing upon such plans, specifications and grading and landscaping p1ans, the owners shall have the right to take Lnto consideratl5n the suitability of the proposed building or other irnprovenent and of the uaterials of vhich it is to be bullt, to the eJ.te upon which lt ls proposed to erect the sane, the harmony thereof with the Eurroundings, the topography of the land and the effect of the structure or other inprovenents, as proposed, on the adJacent or neighborlng property and sittr the general resLdence plan of ttre Properties. All eubseguent additions to or changes or alterations to any Unl.t or fences, wal1s or other structurea, Lncluding exterior schene and all subsequent addLtlons to or changes or alterations in any gradlng or landscaping plans shall be subJect to the prior wrltten approval of a naJorlty of the @nerg. 2. Fenclng landscapLng, exterLor naintenance, and other lmprovenents erected or placed by Declarant at Lts e:<pense, shall thereafter be naLntaLned by the orners, prorata. 3. No exterl.or nounted radlo, short rave or televlsion or other tlpe of antenna, Lncludlng receiver dJ-shee, shall be pernltted €xcept on an lnterl.or roof the elevatLon of whlch Le lower than the gurrounding roof ao that guch antenna Lnetallatlon le not vLsible fron any other Lot, fron the Common Open Space and fron the streets. 4. No tanks of any klnd, elther elevated or burted, shall be erected, place or pernitted upon any lot, except those inltlally Lnstalled by Declarant, Lf any, or upon wrLtten approval of the naJority of the Ocfiers. 5. No clotheslines or Lncl.nerators ehall be peruLtted or naintained on the Properties. 6. All etorage plIes, eguipnent, furnLture, tools and other personal property ehall be concealed fron view fron any other Iots, fron the Connon Open Space and fron the streetE. 7. Any fences furrrished and l-nsta1led by the Declarant may not be removed. 8. No rnobile hone, manufactured Etructure, shack, detached garage, barn or out building of any kind shall be pemitted on the Properties. 9. No inprovenents shalt be rnade to the private Area without the naJority consent of the Iot OhErerE. ARTTCI,E 7 Easenents 1. Reeiprocal Easements. The Declarant hereby reBerivea for Itself, lts EuccessorE and assigns, a right of way and easement for the lnstallatLon and contLnued operation, nal.ntenance, repair, alteratJ-on, J-nspectLon and replacenent of utiltty llnes, lncluding, but not llnlted to, rater lines, aet er lLnes, gas lines, telephone lines, television cable, antenna ll.nes and euch other utility lineE and incLdental equLpnent thereon, over, under and across that portion of properties sLtuate betueen any Unit and the public vay. Perpetual reclprocal easenente for the continuance and naintenance of eal.d aforementloned utillty lines ehall exLet both for the benefit and -8- burden of all of the Ounera of Iote eltuate wlthln the Propertles. 2. ff any utlllty llne refered to ln.thls Artlcle ls destroyed or danaged, the Offners shall cause the gane to be restored forthslth; subJect, how€ver, to the rlglrt of any Ohrner to darnages from another Orrner under any rule of law regardlng liabillty for negligent or willful act or onissionE. Notwith- standing any other provisJ.on in thls Declaratl.on, an owner who by bls negligence or willful act causes dapages to such utllJ.ty line or ll-nes ehall bear the cost of restoration thereof and any other dauages allowed by law. The right of any oryner to contrLbutlon or danaEes from any other Owner ehaU be appurtenant to tlre land and shall pass to Euch OnrnerrE successor in tltle. 3. If any portion of a Unit encroaclres upon any other Lot, or Parcel A, a valid easenent therefore shall exist for the encroachnent and for the naintenance thereof. In the event the Unit ls partlally or totally destroyed and then rebuilt, ninor encroachnent of parte of the Unit due to construction shall be peraitted and a valld easenent therefore and for the naintenance tlrereof shall exLst. 4. Each Iot shall be subJect to an eaEement in favor of all of the Ownere, lncluding their agents, employees, and contractors for providing the uaintenance deEcrLbed herein. 5. fn the event that a Unit is constructed upon a lpt, as d.efined on the PIat, and the UnLtrs foundation (but aleo Lncluding the land area under deckE and overhange) doeE not abut the actual Iot ll-nes, an nutually reclprocal easenent in favor of all the Lot Onnere shall exLet between Buch foundatlon llne and tlre Connon Open Space llne and the easenent shall be used and occupied as per the covenants contaLned herein for the Comon Open Space. -9- IRTTCI.E 8 Insurance 1. The Onners Jolntly shall obtain ana nalntaLn at all tineE lnsurance of the tlpe and klnd herel.nafter provl.ded: A pollcy of property Lnsurance ln an anount egual to the full replacement value (t.e. f00t of current nreplacenent costn exclusive of land, and other ltens nornally excluded from cover- age) of the improvementa located on each lot with an rAgreed Arnount Endorsementrr or tts equlvalent, a trDenolLtlon Endorsementrl or itE equivalent, and if necessary, an trIncreased Coet of Constrrrctlon Endorsementn or rContingent Ltabiltty fron Operatlon of Buildings Iaws Endorsementtr or the eguivalent, such insurance to afford protection against at least the folLowing: (a) loss or damage by fire and other hazards covered by the standard entended coverage endorsement, and for debris renoval , soEt of denolltion, vandali.sn, nalicious ul.s- chief, windstor:n, and water danagei and (b) such other risks as shall custonarily be covered with respect to projects sinilar in constructLon, loca- tLon and use. The insurance shall be carrled in blanket policy forn naning all of tlre Oryners as Lnsured. ltre policy or pollcles shall identify the Lnterest of all Unit Owners (@nerrs name and hone address and/or Ipt nunber desJ.gmation) and shall contain a Etandard non-contrlbutory clause ln favor of each flret nortgagee and a provisJ.on that lt cannot be cancelled or naterl.alty altered by eitber the l-neured or the insurance conpany untll ten (1O) days prlor wrltten notice thereof l-s gl-ven to the other onners and each firEt nortgagee. The Os[rers ehall furniEh a certl.fl.ed copy of euch blanket policy, the certifLcate Ldentifylng the Lnterest of each Owner, to any party Ln Lnterest upon request. Tlre blanket polLcLeE of insurance Ehall provlde tlrat the LnEur- ance thereunder shall be invalidated or suspended only ln respect to the Lnterest of a particular Ohrner gutlty of a breach of -10- warranty, act, onigaLon, negllgence or non-conpll.ance wlth any provlslon of Buch pollcy, lnctuding palment of the LnEurance preniun applJ.cable to that Ownerr=E Lnterest or who pernlts or faile to prevent the happentng of any event whether occurring before or after a loss, which under the provl.eLone of such pollcy would othenLse Lnvalldate or Euspend the entire polJ.cy but the lneurance under any such pollcy ae to the intereEt of the other lnsured O,yner not gruilty of any euch act or onission ehall not be lnvalidated or euepended and shall renal-n in full force and ef,fect. The lnsurance company ehall be deternined by the naJorlty vote of Unlt Orynere and preulune shall be paid as equitably allocated by the Lnsurance conpany between the unl.ts. 2. Other fnEurance to be ltaintained by OnrnerE. fnsurance coverage on the furnishings and other itemE of personal property belonging to an owner and public liabillty insurance nithin each unit and upon each rpt shall be tlre responsiblllty of the Owner thereof. 3. Insurance on Conmon Open SDace. The Owners of all f,ive Iots Ehalt maintain insurance covering all lmprovements Iocated or constructed upon the Connon Open Space. The Onrners shalL rnaintain the following tlpes of insurance on the Connon Open Space: (a) A pollcy of property insurance in an amount equal to the full replacenent value (1.e. 100* of current f,replacenent coEtrr exclueive of land, excavation and other itens nomally excluded from coverage) of the Lmprovenente, i_f any, located on Conlnon Open Space rlth an rAgreed Anount Endorsenentil or its equl-valent, a iDenolltion Endorsenento or ite equlvalent, and if neceaeary, an trncreased cost of conrtructl.on Endorsementn or ilContlngent Llabllity frou Operatlng of BuildLng LwB Endorse- lentn or tlre equivalent, such lnsurance to afford protectlon against at least the foltowing: (1) loss of damage by fire and other hazardE covered by the standard extended coverage endorsenent and by -11- sprlnkler leakage, debrl.e reuoval , cost of denolltlon, vandalism, nalicious ulschlef, wlndetorn and water damage; and (2't euch other rl.skE as shall custonarily be covered wlth reepect to bulldlnge eLnllar ln constructlon, loca- tlon and use. (b) A corprehensive policy of public llabtlity f,. insurance coverlng all of the Conmon Open Space insurLng the OItnerE ln an amount not less than Three Eundred Thousand Dollars (9lOOr000.0O) covering all clainE for personal lnJury and,/or property drmage arislng out of a slngle occurrence, such coverage to include protectlon againEt water danage ltabiltty, liablllty for non-owned and hLre autonobile, fiablltty for property of others, and, t-f appllcable, ltaragekeeperrs liabillty, host lLquor liabtllty and other risks as shatl custonarily be covered with respect to bulldings sinllar Ln construction, location and use. (c) All such policies of insurance shalI contaLn vaivere of eubrogatl-on and waivere of any defense based on Lnvalldity arising from any acts of an Owner and shall provide that the policies nay not be cancelled or substantially nodlfl.ed wLthout at least ten (10) days prior written notice to aff Lnsureds, lncluding the nortgagees of the Lots. Duplicate orlg- lnalE of all policies and renewals thereof, together wittr proof of palment of preuiuns shall be dellvered to any first mortgagree of any Ipt upon wrl-tten request. Tb.e insurance Ehall be carrled Ln blanket for:ms naming all the Ownere aE the insured and the coet shall be divided equally anong all flve lot orfirers. 4. Reappraleal . Tlre Owners ehaIl, at leaEt every three years, obtaln an appraisal for Lnsurance purposes whlch shall be ualntained ae a peruanent record, shoring that the inEurance Ln any period representE one hundred percent (lOO*) of the full replacenent value of the Lnprovenents on each lot and ' f,or the LnEurable Comon Open Space. 5. lfotlce of Danaqe. The Ormere shall nottfy each flret nortgagee of a lot whenever: (l) danage to any Lmprovenent -12- on a I€t exeeedB Ten Thousand DollarE (g1or000.oo), and (2) danage to the Connon Open Space and the lnprovenente, Lf any, ' sl.tuated thereon exceeds ren Thougand Dollars ($IOTOOO.OO). Sald notlficatl.on shalt be dellvered vithln twenty (20) days after the event causlng the damage. ARTICI.E 9 Danage or DeEtruction I i I l. DestnrctLon of Inprovenents on Iot (a) In the event of denage or destructLon to a Unlt due to fire or other disaster, the lnsurance proceeds, if sufflclent to reconEtnrct the unLt, shall be deposl.ted into a bank account which reguires, for vithdrawals, the sigmatures of at least three owners. The danaged owner shalr then pronptly authorize the necessary repair and reconstruction work and the insurance pgoceeds will be appried by the owner to defray the cost thereof. rrRepal.r and reconstructionr of the unl-ts, aE uEed hereLn, DeanB reetorJ.ng the Lmprovernents to substantially the sane condition ln which they existed prior to the danage with each UnLt having the same boundaries ae before. (b) If the l_nsurance proceeds are insufficlent to repair and reconstruct any damaged unit, such danage or destruc- tion etrall be pronptry repaired and reconstructed by the o$rner ueJ-ng the Lnsurance proceeds and the proceedE of a speclal aeEessment against the fLve Owners of the Lots. Any euch aaEessnente shalr be eguar to the amount by which the cost of reconstrrrctLon or repalr of the unLt exceeds the sun of the Lneurance proceede altocable to such unlt. such asseegnent shalr be due and payable not sooner than tlrlrty (30) days after vritten notice tlrereof. Ttre speclar agEessment provided for hereLn ehalr be a debt of each owner and a lien on hls rot and the Lnprove- tnentg hereon and nay be enforced and colrected by foreclosure proceedl.ngs Ln the Courts. -13- (c) NotwLthetandJ.ng the above, the Ownera and fLrEt nortgagees of any or all of the destroyed or danaged unLte Day agree that the destroyed or danaged unlts shau fortlrwlth be denolLshed and alr debrlE and rubbre caused by euch denolitlon be renoved and the rot(s) regraded and randscaped. The cost of such landscaping and denolition work whall be paid for by any and alr insurance proceeds available. Any excess Lnsurance proceeds shall then be dLebursed to such damaged onners and thelr flrst nortgagees Jointly. 2. Danace to Conmon Open Space. In the event of damage or degtruction to alr or a portLon of the counon open space due to fire or otlrer dl.saster, the insurance proceede Lf sufflcient to reconEtruct or repalr the danage, sharl be applied by the owners to Euch reconstruction and repair. rf the insur- ance proceede with reepect to euch conmon open space danage or deetructLon are Lnsufficlent to repair and reconatruct the dauaged or destroyed counon open space, the owners shall coneider a special assessment. If such assessnent l_s approved by a naJority of the onners, the orrners shalr nake such asBessuent and proceed to nake euch repaLrs or reconstruction. If sucb assessnent Ls not approved, the LnEurance proceeds rnay be applled Ln accordance rd.th the wishes of the owners, except that the proseed.r aharl not be dietrlbuted to the owners, unless made Jolntly payable to owners and the first nortgagees of their respective rots, Lf any. lthe assessnent as to each owner of a rot shall be L/s thereof. such assessDent shall be due and payable not sooner than thirty (30) days after rrltten notLce thereof. The aEseegnent provided for herel.n sharl be a debt of each orner and a Lien on his rpt and the inprovemente thereon and nay be enforced and collected by foreclosure proceedj.ngs Ln the Courts. -14- ARTTCI-.E 10 Cou[on Open gpace 1. onnersr Easenente of EnJolment Every Onner efrafi have a rlght and eaEenent of enJoyment in and to the Connon Open space whLch shall be appurtenant to and ehall pase wJ.th the tltle to every lot, subJect to the followlng provisions: (a) the right of the OhrrrerB to dedlcate, sell or transfer all or any part of the Connon Open Space to any publJ_c a gency, authority or utl-llty for such puryoses and subJect to Buch conditl-ons as Day be agreed upon by all of the oryners and firet nortgagees, (b) any Owner nay delegate hls rlght of enJolment to the Comon open Space and facillties to the nenbere of hls fanily, hLs tenantE or contract purchasers who reside on the Properties and his licensees and Lnvitees pursuant to the provisione of this Declaration, (c) except ae bereinabove provlded, the Connon open Space shall not be sold, abandoned, subdivided, hllpothe- cated, transferred or othemLse encunbered by the owners wLthout the written consent and approval of all onners and all first nortgagees. (d) the Ornere may pass and enforce euch reaEonable rules and regulations with regard to the uEe and occupation of the Connon Open Space aa a naJority of then nay desire and agree upon but Buch ruleE EhalL be unlform, nondiecrininatory and othemiee conply wlth state and federal laws and appellate cases governing the passage of rpollce powerrl regulatlone by condominl-um and townlrouse associatione. ARTICIJE 11 llaintenance AssesementE t. Creatl.on of the Lien and personal Obllcratlon of AssesEmente. Th€ Declarant for the IotE owned by it wlthLn tbe Propertiea, hereby correnants and each Owner of each lot by -15- acceptance of a Deed therefor, whether or not lt ahall be so expressed Ln any Buch Deed or other conveyance, be deemed to covenant and agree to pay the annual assesenente or chargea. lhe annual aeseEEnent, together wlth euch Lnterest thereon, and coste of collectLon thereof as herelnafter provLded, ehal} be a clrarge on the land and shall be a contlnul.ng llen upon the Lot agalnst which each Euch assessment ls nade. Each such aesesenent, together yith Euch interest thereon and cost of collectLon thereof as herelnafter provided, sha1l also be the personal obllgatlon of the person who was the Owner of euch Iot at the tLne when the assessnent fell due and notwithEtanding subseguent resare thereof. The totar asseaanents shall be charged one-fifth (/5) to each Parcel except the insurance for the UnitE as eet forth above. 2. Purpoge of Asaessments. Connon Open Space. llhe assessnents levied by the ownerE shall be uEed for the purpose of promoting the recreation, health, safety and werfare of all the owners of the rots and ln particular for the l-nprovenent and naLntenance of the propertLes, eetrrlces, and facl.litieE devoted to this purpose and related to the use and enJolment of the Connon Open Space and easeuent areas, includlng, but not linlted to the palnent of taxes and Lnsurance thereon, repair, replacenent and additions thereto, and for tbe cost of labor, equipnent, uaterials, management and supenrision thereof. 3. Sneclal Aesessnents for Capl.ta1 Inprovenente. In addltlon to the annual assesgmentE autborized above, the @nerE, by naJorlty vote, uay levy, ln any assessnent year, a epecl.al aasesament appllcable to that year only for ttre purlose of defrayl-ng, in whole or in part, the cost of any construction, reconstructLon, repair or replacenent of a capital j,nprovement upon the Properties, including fJ.xtureE and personal property related thereto. -16- 4. BasLe and Pannent of AEseEenente. (a) 'l!he annual aesessnent wltlr reepect to the Lots and Parcel A shaU be estinatect by the Ounere prior to the beglnni.ng of each year or flscal year and the aeeesement ghall be payable ln advance Ln equal guarterly or nonthly lnstalhnente as deternLned by the Owners. The assessnents made shall be based upon the estinated cash reguLrenents deened to be such aggregate Eutr as iE deternLned to be pai-d by all of the Onners Ln order to provide for palznent of all eEtinated expenses congl.stent wLth the purposeB set forth in thiE Declaration including any deficlt. (b) The Owners shall determlne fron tl.rne to tine durlng the course of an ensutng year whether a defl-clt or eurlglus exlstE or ryl.ll result baeed upon its current estLnate and shall nake appropri.ate revl.sion thereof. A deficlt shall be borne by a1l OwnerE and ehall be reflected in the next installnent to be paid by the onners. (c) Written notice of installuents and the anount thereof sha1l be sent to all Onners and such LnEtallnente shall. be due and payable on or before the tenth (I0th) day of the next nonth. lIhe Onrners are empowered to assess a late charge of not uore than ten percent (1O*) of the amount of each delJ.nguent Lnstallnent. 5. AII aEEessuents Ehall be fixed at a unifom rate for all Lots except for the Lnsurance as set forth above. 6. llhe annual assessnent (or revLsed assessnent, includJ-ng any deficJ.t) and other eeparate ctrarges provided t-n this Declaratl.on (herelnafter referred to aB iasBessmentei) shall be a charge on the entire real property lnterest (Iot and wrdlvided LntereEt in Parcel A) of each owtrer and ehall be a contl.nuLng ll-en upon such real property LntereEt against whlch each assessnent ls uade and euch continulng lien shalt be euperLor to all other lLens and encutbrances, except only for (1) taxeE and specJ.al assesenent ll.enE on the real property lnterest ln favor of Eagle County, Colorado or any assessing unLt, and (tt) the encunbrance of any fLrst nortgaEee. -L7- Ilpon the fal-lure of an Osner to pay one or Dore lnstallnente of the annual aEeessment, any other Onner(e) ehall prepar6 a wrltten ltotice of Llen eetting forth the anount of such unpald Lndebtednees, the name of the Ormer and a descrlptJ.on of hle Iot. Such Notlce shall be signed by such other Owner(s) and shall be recorded Ln the Office of the Clerk and Recorder of Eagle County, Colorado. Such lLen for the common e:q)enaes shaD attach fron the date of tbe faLture of palment of the asaeae- nent. such lien nay thereafter be enforced by the forecloEure of the defaulting ocrnerrs real property lnterest by the other onrner(s) ln llke manner aE a uortgage on reaL property subsequent to the recording of the Notice of Lien. In any euch NotLce of Lien proceedings, the defaulting Owner sha1l be required to pay the coEts, extrrenses and reaEonable attorneyre feeE in an amount not less than one Hundred dorrars ($too.oo) incurred for flrlng the lien, and in the event that a forecloEure proceedlng ie subsequently brought, the additlonal costs, expenseE and the anount Lncurred for reasonable attorneyrs fees ln the amount not lesE than $ZSO.O0 ehall be paid by tlre defaulting Owner. The owner of the rear property intereet being forecrosed Ehall be reguired to pay the subEequently accrued and accruing nonthly installnents (assessrnents) during the period of foreclosure. The other owner(s) shall bave the pover to bid in the real property Lnterest at foreclosure or other legal sale and to acquire and hold, lease, lortgage, convey or othemise deal with the aarle. Any encunbrancer holding a tien on a real property interest nay pay, but shall not be requl.red to pay, any unpald assessnents payable with respect thereto, and upon such palnent euch encunbrancer shall have a ll.en on euch real property LntereEt for the rFountg pa!.d of the sane rank ae the lLen of hLs encunbrance. Upon the reguest of a flret nortgagee of any lot, the ouners shall report to euch firEt nortgagee any unpaid assess- lents or other defaulte under the tsmE of tlrls Declaratlon whlch -18- are not cured by eald lortgageers mortgagor vithln thirty (30) daye after the date of default. 7. O.rynerrs Personal ObllgatLon for Parment for Aseesgnents. The anount of the aBBeBsment ehall be the peraonal and indl-vidual debt of the Onrner thereof. No Onner uay exeupt hlnself from the llabiltty for the assessment by walver of the use or enJolment of the Cornmon Open Spacea or by abandonnent of his real property interest. In the event of def,ault ln the palment of an assessnent lnstaUnent, the Onner shall be obllgated to pay lnterest at the rate of eighteen percent (18*) per annun of the amount of the Lnstallnent fron due date thereof, together yith a1l costs and e:<penses, including attorneyts fees incurred, together ulth late charges. Suit to recover a Doney Judgnent for unpaid comon expenses ehalt be naintainabre wlthout foreclosing or waivlng the lien securing same. 8. Assessnent Certificate. llhe Onners shal1, upon request of any Owner, nortgagee or contract purchaser, J.ssue thelr certificate certifyinq whether or not assessment inetallnentE witlr respect to any Ipt have been pal_d or if they are Ln arrears, or, if ln arrears, the total amount owing as of the date of the certLficate. such certlficate shall be sigmed by the litanagl-ng &rner, as defined below, and ehall be conclusive evLdence thereof In favor of any thlrd peraon relyl.ng therein Ln good faith. 9. Subordination of the Lien to Mortqaqee. The ll.en of the aesessnents provided for herein shall always be eubordLnate to the llen of any first nortgagee. sale or transfer of any lot ehall not affect the lien. llowever, the sale or tranefer of any lpt as a result of court foreclosure of a lortgage, forecloeure tbrough tlre public Truatee, or any proceed- ing Ln lieu of foreclogure, shall extingruJ.sh the lLen ae to palments whlch became due prior to such aale or transfer, but shall not relLeve any former Onner of personal llablllty tberefor. No sale or transfer shalt relLeve such Lot fron llabiltty for any aaseEE[ents on other changes provlded hereln thereafter beconinE due or fron the lLen thereof. ARTICI..E 12 AdnLnl.stration and l{anacrenent 1. All Orrnerrs Responsl.ble - Ultlnate Control Reso1utl.on. AII Ipt Ormers shall be uutually responsLbLe for the adnlnlstration and management of the obtlgatlons created here- under. However, in the event the Owners cannot nutually agree when a decLeion is regulred by this Declaratl.on, the impasse ehall, unless otheml-Ee set forttr ln thlE Declaratl.on, be reeolved by a naJority (3) of the flve lot Orrners. 2. Rotation of lrtanaqenent. ttanagenent of the PropertieB, pursuant to the regulrements and provieLons of thl.s Declaratlon, shall be rotated as followe: (a) Uanagenent in year 198? and every flfth year thereafter shall be by the Owner of Iot ti roanagenent in year 1988 and every fifth year thereafter shall be by the orrrner of r,ot 2; and shall continue to rotate Ln a like nanner until 1992 when uanagment etrall rotate back to Ipt l. (b) Ttre Uanagl-ng Owner shall advLse the other oryners of arl decLsione being made pursuant to thls DeclaratLon. (c) A non interest bearing bank account shall be naintained by the tlanaging owner ln the name of fhe victorLanE at Vall and tlre account shall require at leaet two signatures. The account shall be funded by the assessnentB as set forth berein. (d) |lbe ltanaging Orner nay delegate or asslgm hls Danagrment responsiblllties to any other Orrner wil1lng to accept Bane or, lf a naJorlty of tlre Owners altree, the aforesald dutles uay be aesLgned to a reputabLe ReaI property Uanagenent Conpany and LtE fees shall become a part of the asseasnenta aet forth hereLn. (e) Annually, the ltanaglng Owner shall file wlth tlre Eagle County Clerk and Recorder, witb specLflc reference to thiE DectaratLon, a statenent of the nane, addresE and telephone nurnber that the Dlanaglng Onner (or lrtanaging AEent if one l_e euployed) can be contacted at. -20- (f) Any Owner tray flle ulth the Eagle County Clerk and Recorder, wJ.th speclfLc reference to thig Declaration, Llnlted PowerB of Attorney, grantlng to any other orner hle or ber right to vote until revoked by recordatLon of a revocatLon, all natterE set forth ln thls Declaration. 3. overrlde. rn the event that the naJority of the Ipt owners belleve, based on the standard of the reaEonable nan, (t) that a l{anagrnent decision has been nade incorrectly or contrary to the Declaratlon or (il) that tlre omer delegated wJ.th t{anagement ls grullty of nis-, nal- or non-feasance sith respect to thls Declaratlon then the naJorlty onners ray petltion the Eagle County District Court for a Judlcial determinatLon of tbe controversy which decision shall be blnding upon all Owners, The Court rnay assess costs and any reasonable attorney fees aa may have been incurred by the parties based upon the neritE of the caBe. ARTICLE 13 Condennatl-on 1. Condemnation. If at any time or times during the continuance of ownership pursuant to thls Declaratl.on all or any part of the Connon Open Space shall be taken or condenned by any public authorlty or eold or othemise dlsposed of Ln lieu of or in avoidance thereof, the following provlsione of thLE Article shall apply: (a) ProceedE. All compeneation, damages or otber proceeds therefron, the sum of which lE hereLnafter called the tCondemnatl.on Awardi shall be payable equaUy to all of the Oqnrera and their first nortgageee. (b) Conplete Taking. fn the event that all of ttre Connon Open Space ls taken or condenned, or sold or othenLse dlsposed of, ln lIeu of or Ln avoLdance thereof, the Condennation Award Ehall be apportioned among the Owners equally and palment of said apportJ-oned amounts shall be made payable to the Orrner tnd the flrst uortgagee of hlE Lot Jotntly. -21- (c) Partl.al Takina. In the event that lees than the entlre Conmon Open Space le taken or condenned, or sold or othemise dleposed of Ln ll.eu of or ln avol-dance thereof, the Condennation Anard shall first be appll.ed by ttre Ohrrers to the rebul.ldlng and replacenent of those lnprovements on the Conmon Open Space dauaged or taken by the condenning publtc authorl.ty, unlesE both of the Ownere and the fl-rEt nortgageee of each Iot agree otherrise. Any surplus of the award or other portLon thereof not used for rebuildlng and replacenent shall be used by the Owners for the future naLntenance of the Connon Open Space and exterior naintenance of the Unlts. ARTTCI,E 14 Ter:mination of Mechanicrs Lien Rlcrhts - Indennificati.on No labor performed or rnaterl-a1s furnished and lncorp- orated lnto a Unlt wlth the consent or at the request of the Onrner of such Unit, his agent, hLs contractor or subcontractor ehall not be the basie for fLllng of a lien agaLnst tlre Common Open Space or against any other Ipt or any other Iot Owner who did not e:rpressly consent to or reguest the serrrices o! naterl.ale. Each Owner shall l-ndennify and hold haruleEs the other Owriers from and againet all liabillty arisLng from the claim of any llen agalnst the Lot of another or against the Connon Open Space for conEtruction performed or for labor, materials, Eervlces or other products lncorporated ln a Iot or Untt upon the conEent or reguest of Euch Unltrs Owner. ARTICI.E 15 Separate Asseeenent and TaxatLon - NotLce to AEsessor Declarant shall glve wrltten notlce to the Eagle County Assessor of the creatl-on of the real property ownership Iots defl.ned herel.n and taxation ehall be as follows: (a) Lots 1, 2, 3, 4 and 5 each together with Lts undivided one-fiftlr (/5) lnterest ln Parcel A ehall each be deened a separate taxatl.on parcel, subJect to separata aesessnent and ad valoreD taxatLon. (b) In the event that Parcel A le separately taxes, the tax aeEessnent ehall be pal.d prorata by the Iot Otrnerg. ARTfCLE f6 General Condl.tions, Stipulatl.ons and Protectl.ve Covenants The following general conditlons, stipulatlons and protectJ-ve covenantE are hereby inposed upon the propertl.es. 1. Except for the business of the Declarant Ln connec- tlon wlth the development of the propertJ.es, no trade, or business actlvlty shalt be conducted, carrled on or practl_ced on any lot, or in a Unit constmcted thereon, or ttre Conrmon Open Space and tlre Owner of said lot shall not euffer or permit any unit erected thereon to be used or enployed for any purpose that will constrtute a nuiEance Ln law or that wilr detract fron the reEidential value of eaid Lot or the other Lots. 2. The covenants and restrictions of thls Declaration shall run wlth and bind the properties and shall lnure to the benefit of and be enforceable by the O,wner of any Iot subJect to this Declaration, their respectl.ve legal representatives, heirs, successor and asslgnrB, for a term of fifty (50) yearE fron the date thls Declaration is recorded. The covenantE and restrictionE of thls Declaratl.on nay be anended by an instrument slgned by all five of the Lot Ormers, and Ln all caseE by one hundred percent (100*) of the firEt rnortgagees of record. Any anendrnent nust be properly recorded. No part of the Declaratl.on nay be anended Ln euch a nanner that it wlll advereely affect the existing rlght of any owner or Dortgagee with partl.cular respect, but not llnited to unpaid aasessments or the 1ien of any nortgagee. 3. Enforcenent of these covenants, reEtrictLons and other provislons ehall be by any Onner by any proceedlng at larr or in equlty agalnst any peraon or peraons violating or attenptlng to vl.olate any covenant or restrLctl.on, elther to restral.n vl-olation andr/or recover danages and against the rpt to -23- enforce any lLen created by these covenants. ,lllre onissl.on or fallure of any Owner to enforce any covenant or restrl.ctLon set 'forth ln thie Declaration shall Ln no event be deened a raLver of the rlght to do so thereafter. In the event of ll.tLgatlon pursuant to this Paragraph, the prevalllng party shall be entitled to all costs e:<pended and reasonable attorney fees. 4. If any of the provisions of this Declaratlon or any paragraph, eentence, clause, phrase or word, or the appllcation thereof in any circunstance be Lnvaridated, such lnvarldity ehall not affect the valldity of the remainder of tlrlE Declaratl.on, that the applJ.cation of any such proviel-on, paragraph, Bentence, clauEe, phraBe or word Ln any other circr:nstances shall not be affected thereby. 5. That whenever used hereln, unless the context sfrafi other:srlse provide, the singurar nunber shalt include the plural , the plural the sLngular, and the use of any gender shall Lnclude all genders. 6. The books and records kept pursuant to thiE Declar- atlon shall be open to inspection by each orrner and his nortgagee at any tfune durlng reaaonable buEiness hours. 7. Declarants and all Eubseguent Onners of any inter- est in the Properties by acceptlng a Deed to any J.nterest thereto waive the honestead exenption or any other exenptlon of the laws of tlre state of colorado or any federar raw only as lt relates to any rien filed by any ontrner pursuant to this Declaration, other- wiee, Buclr exemptl-ons are not hereby walved. 8. Each Owner shall register hiE nailing addrese wLth the llanagl.ng Orrner and all notl.ses or demands intended to be Eerx/ed upon an Oryner ehall be eent by certlfied nail, postage prepald, addreEEed in the name of tlre Onrner at euch registered ualllng address. In tbe alternative, notLces nay be deJ_l.vered, If ln wrJ.ting, personally to any other Orrner. proepectJ.ve purchaeere of rpts shall be entLtled to deterul.ne lf a serllng ortner Le Ln defaurt wlth respect to any uaintenance obllEatJ.on or any other obligatlon under thege eovenantE by dellvertng a -24- vrl.tten lnquiry wJ.th reepect thereto to tlre Uanaglng Otnrer ae eet forth herel.n. If no response ls recelved to euch lnqulry wltlrln f,l.fteen (15) days of the date sald notl-ce Le recelved, the noneelllng Orynera shall be deemed to have waived any cLaln of lien or clain for danage. lllre exletence of a recorded notlce of lien, however, shall constltute notice to a prospective purchaser of a clalm by the OwnerB of the otlrer lote, and ehall not be affected by the foregolng request for infornatlon. 9. Any first nortgagee of any Iot withln the Propertles nay Jointly or elngrularly pay any taxes or other charges whl.ch are ln default and whLch nay or have becone a charge agaJ.nst the Lot and nay pay overdue premlunE for hazard Lnsurance pollcles or aecure new hazard inEurance coveragte on the lapse of suclr policy for such Lot and any first nortgagee upon the makLng of such palment shall be innedl.ately owed reinbursenent therefor fron the Owner. 10. The onission or faiLure to fix a current aEBesBment or give notice thereof for any perlod ehall not be deerned a waiver, nodLflcation or a release of the Orrnere oblgiation to pay assessmente and the prior established asseEEment, until notifled othenise, shall be the current aesessment. Article 17 DeclarantE Riqht To Anend 1. Notwlthstanding anything contained Ln this Declaration to the contrary, the Declarant or Lte assigm uay, and hereby expresely resenres the rlght to, unJ.laterally execute and record amendnents and eupprenentE to thl.e peclaratLon with regard to any uatter includLng extensLons of this reeenred rl_ght, rithout the consent of any owner, nortgagee, trust deed hotder or any other party, at any time, vlthln fLve years of Lts recordation or the sale by the Declarant of all five lots, shl-chever event occurs firEt. Further, any and all pereone and entitles rho take subJect to this Decl.aratlon, anendnent and -25- suppleuente thereto, Lrrevocable constltute and appolnt the Ileclarant, and lts asslgms, to be theLr tnre and lawful attorney Ln thel.r nane, place and stead for the purpose of execution of such rrnendnents and supplementE aE herein provided. Notslthstanding the above, subeequent to the conveyance of the first l.ot that Ls encunbered, no anendnent or suppleuent uay be flled that wllt affect that Ipt wlthout the rritten permJ.sslon of any flrst truEt deed or flrst nortgage holder eecured by that Iot. ARTICI,E 18 Town of Val-I recnrLrenents vl.a Ordinance 30, Serl.es of 1987 1. Ttre Town of Vall , Eagle County, Colorado has passed. Ordinance 30, Serles of 1982 wherein the property has been rezoned to special Developnent Dl6trict 18 (hereinafter referred to aE Ordinance 3o). 2. Notwithstanding any other provisJ_onE of thls DeclaratLon to the contrary, 3. Pernitted UEes on the property are as follows: Single Fanily reEidentLal dwellings, open space and publlc and prlvate roads. Accessory ures are: PrLvate greenhouses, toolshed.s, playhouses, attached garages or car ports, ewinnl.ng poole, patios, or recreation facilLties cuEtomarlly incidental to sLngle-fanlly resLdential useE. 4. Structures shall be setback from the exterlor property llnes of the Property shall be fifteen (15) feet from the side and rear ll-ne and twenty (20) feet fron the front llne. 5. Setbacks fron the bullding envelopes eha[ be fLve (5) feet. Roof overhands and decks may encroach half way lnto the requLred eetback. 6. The Property has been approved for a total Erross residentlal floor area (GRFA) of 9,OOO aquare feet or an average of 11800 GRFA per lpt. lltre five Unlts to be constructed on tlre flve IotE and ae presently configrured, slII each contaln less than 11800 GRFA and provlEion Ls hereby nade for the equitable dlstrLbution of tbe Unuged GRFA, Lf any, ae fol1owEl Each deed -26- of a Ipt frou the Declarant rl.ll contaLn a notatlon thereon (the GRFA Track) of the GRFA exlstlnE Ln the conpleted Unlt and that GRFA, subtracted fron lr8OO, wlll be set out as the Unused GRFA appurt€nant to that Iot, whlch Unueed GRFA nay be uEed by the Orsner of the Iot, his heire and assigns (tt being epeciflcally understood that owners of Iots Ln the Property nay sel1 or aseign unueed GRFA to any other Oryrrer of a Iot ln the property) for any Psmltted Use by, and ln confozmance wLtlr, Ordinance 30 and the written pernlseton of the naJority of Iot Onners aE set forth berein. The Unused GRFA lE concluslvely d.eened to be a real property rlght appurtenant to the Iot. Upon each eubeequent uEe and dirninisbnent of the Unused GRFA' shall be executed, acknowledged and recorded a suppremental GRFA Track by (f) the Iot Oryner and (2) the naJority of Iot Onners approvLng the use and plans wlth the Eagle County Clerk and Recorder (referencing thiE Declaration and Article), wlth speciflc reference to the Ipt with the purposes and lntent of keeping a complete and accurate record of the unused GRFA remainLng appurtenant to each Ipt. ff agreed to by the Town of VaLl , each deed and subeequent uEe of the unused cRrA Bhall have attached to the GRFA Track, the approval and conEent of the Town of Vail, to the amount of GRFA used and unused wJ.th regard to tlre Ipt it belng the specl-fl.c Lntent of the Declarant to avol.d controverey betreen OnnerE and between OnnerE and the Town of Vail regarding the UnuEed GRFA appurtenant to each of the lpts. In the event that a Unit containE more than lr8OO GRFA, a notatlon on the deed shall set out the actual GRFA and that there le no Unused GRFA. lthe renaining eml shall be used by the Declarant ln Lte sole and absolute degcretlon so long ae not nore than a total of 9,000 GRFA shall be constructed Lnto Unl_ts upon the Property. l{otwl.thetanding any deflnltion or neasurement of the GRFA to the contrarl, each Orner agreea to (1) be absolutely and uncondltionarry bound by the GRFA and unused GRFA set forth rn -27- hls contract to purclrase, deed and Supplelental GRFA Tracks and (2) to waLve, releaae, lndennlfy and hold har:nleEe the Declarant, ltg euccesEora and aeslgmE aria the Town of Vall frou any and all cral.ns of Lncorrect or f,aulty Dea6urement of the GRFA eubseguent to conveyance. Each Oryner of a UnLt further covenante and warrante that he has personally, or through agents, prior to entering J.nto any contract to purchase a Unit, (l) neasured or detemined the available GRFA pursuant to the definitlons and etandards of the Town of Vallr (21 agrees rlth the anount eet forth on the contract to purchase, deed or tlre SuppJ.enental GRFA TrackEi (3) or has knowlngly and intentlonally waived hls rlght to independently estabtlEh the GRFA and Unused GRFA anct (4) did not base, as a material consideratLon or crl.tera for the agreed purchaee price, on the etated GRFA or Unused GRFA. IN WITNESS WIIEREOF the Declarant has set its hand and seal the day and year first above written. WIIJLINIS REALTI CORP.a Colorado corporation PRESIDENI sfATE OF COI€RADO )) es. COT'NTY OT TAGIJE } The foregoing instrument sas acknowledged before ne thle _ day of 1987, by as PRESIDENT OF WILLLAIIIS REAL,TY CORP. a Colorado corporation. wlllfEss ny hand and official seal. (S8.AL) Notary Rrbllc George I.l. Straw 2043 York St. Denver, Colorado 80205 l.ly Conmission expires: ltay 15, l99o -28-