Loading...
HomeMy WebLinkAboutVAIL VILLAGE FILING 10 GENERAL LEGALil box 100 vail, colorado 81657 (303) 476.5613 office of the town managar January 26, 1977 Roger l,J. Tilkemeier Development Manager Vail Associates, Inc. Box 7Vail, Colorado 81657 Dear Roger: Thank you for attending the Board of Directors meeting and presenting the plans f6r the development of Lot l, Vail Village'l0th Filing. The Boari would like to thank you for your cooperation on this issue. The plan as submitted, indicating a wa1'l of Blue Spruce and Aspens bordering'the Go'lf Course, a 40-ft. Uuttaing set-back from.the north property line, and new Spruce trees at the east end of Lot 2, should provide . - .iufficient landicaping. l.le agree that the landscaping as proposed should be adequate to protect the buildings.. The Board wou]d like to point out that there are inherbnt prob]ell|s with residentia'l development idiacent to the Golf Course. It i: important that the property owneri understand these prior,to building. They.must respect the public's right to the use of the Go]f Course --- and they wili not be iermitted to use the Go'lf Course as a playground. Although the building'should be well screened and out of the way of errant drives' ihere undou[teaty wil'l be g;roblerns in the future; as we agreed, golfers- will be able to -retrieve gbtf Uat'ls from the yards of adioining properties. The owners shou'ld use disiretion in the site and building design. The Board wou]d also like to point out that they have-no 1ega1 responsibility for restricting the'development of Lot 2. Therefore, the making of ihese recoirmendat'ions and lhe review oi your proposal shall not be deemed in iliumption ot tiabitity for the District. As agreed upon, it is Vail Associatbs responsibility to ensure that the site is developed-according to Itre iiie ptan iresented in your correspondence of l7 January''1977 to the Recreat'ion District. Further, it shquld be understood that the Vail Metropolitan Recreation. District doei not accept and is not'liable to the adjacent property owners for problems resu'lting from the operation of the Go'lf Course. As the course was beveloped prior t6 residentiai units, their status as the.existing use prevai I s. Page #2 Roger tl.Ti lkemeier Again, thankfirst choice would proposed will, be a 1-25-77 ai rman you very much for working with us. .A'lthough oyl -,^---,---be to llave the1ot vacant, we think that the landscaplng pleasant addition to the go]fing eiperience' RS/gw l rl I t. I .t I I j .o,$(,31'S|.'!!'.K,r,)i*;C,i?S(,r VA/L ot$ VfLLA A PART OF SECT.ON 8, T5S, lAtT€tD€o C>PA^rtro^t oF Ta 7 T4;;'=;#_ colt !:lilll I 5!.ta !t,ta at.to \ .:\ \"o r .\c\-(-- -/ l-:o u-/ -4.,Ffio-i{ios,%?;:,ffi rt? oc' - --!.- -..---r---TiE:1a-'r'c-'E-Q(g/t 1{oo. :;.Oa_€\ FAIRWAY 6.@ cr ' r ''4t 753 46t., #;,,\:\ O451 Ac \a '-42 44, 1l?.9O' 3 5!. 't t'!:' 'n l. lnun u box too o vail, colorado 816s7 r 303.470.5613 July 28, L975 (1)VaiI Associates, Inc.P. O. Box 7 Vail , Colorado 81657 Attention: (L) Mr. Richard E. Peterson, President (2') Mr. Andrew D. Norris, lIIVice President (3) Mr. Frederick S. Otto, Genexal Counsel (4) !lr. ilames L. Viele, Engineer Town of Vail. ColoradoP. O. Box 100VaiI, Colorado 81657 Attention: (1) Town Council (2) Mr. Terrell J. Minger, Town Manager (3) Mr. James F. Lamont,Director, Department of Community Development (2) /,n, Lots Ms. Diana Toughi1l, Zoning Administrator 1 through 11, Vail Village Tenth FilingRe: Gentlemen: After discussing this matter with !1r. Otto, we agreed that I would prepare the contract to consummate the agreement concerningthe above referenced lots. Enclosed in each copy hereof is a copy of the proposed contract. This instrument contains substan- tially the same terms as \'irere set forth in my letter of ,July 14, 1975. ttlr. Norris appeared at the regular meeting of the Town Vail Associates, Inc. Town of VaiI, Colorado 'JuIy 28 | L975 Page 2 Council on iluly 15, 1975, and informed the council that VailAssociates, Inc., had agreed in principle to the terms in thatletter. Therefore, as far as I arm ahrare, the three parties tothis agreement have all agreed in principle to the terms con-tained in the proposed contract enclosed he-rein. lhe original of the proposed contract and three copies of it areattached to the copy hereof which is addressed'to Mr. Peterson.I request, Mr. Peterson, that said four copies of the instrumentbe executed by Vail Associates, Inc., and returned to me as soonas practicable, this week if possible. After receipt of saidfour copies which have been executed by Vail Associates, fnc., Iwill have the contract executed by the Town of Vail, Colorado, and then by the Vail Metropolitan Recreation District. The Town Manager has the authority to execute the contract for the Tovrn'at any ti:ne. It may be necessary for the District to executethe contract after it has been approved by its Board of Directorsat its next board meeting. After the contract has been executed by all three parties, theoriginal will be filed in the District,s records and a fuJ-ly executed copy wiJ-I be delivered to both Vail Associates, Inc., and the Tolvn. !tr. Norris suggested on JuJ-y 15, L975, that he did not think itis necessary to have a formal_contract. If only because the sta-tute of frauds, C.R.s. 1973, 8le-tO-t12, requiris that the agree- ment be in writing to be valid and enforceable, the Vail- Metro-politan Recreation District and the Town both consider that it isin fact necessary for there to be a formal contract containingthe terms agreed upon by the three parties. Although some of theterms in the contract may have already been satisfied, other terms have not yet been satisfied. The proposed contract is the onlyinstrument which sets forth all the terms agreed to by all theparties and it is certainly worthwhile to have all the terms ina single instrument. Further, the Vail lr{etropolitan RecreationDistrict and the Town know of no legitimate reason why there should not be a contract which contains the terms agreed upon bythe three parties. As indicated in my iluly L6, L975 letter, the Town Council requiresthat Vail Associates, Inc., execute the contract and return it to me before August 5, 1975, for Ordinance No. 13, 1975, is due to (r) (21 (1) ' vail(2) Tovtn Jul.y Page ---Fa*:" Associates, Inc.of VaiI, Colorado28, L975 3 .-----q be considered in the regular meeting of the council on th€latter date. Metropolitan Recreation District GAS/sjm enclosure .cc: Rodney E. Slifer Chairman, Board of DirectorsVail Metropolitan Recreation DistrictP. O. Box 277Vail, Colorado 81557 ..j,. ' i. . f::': . '. il' -, Sincerelv,c\.n ,l P\-.az=T. I l* 9ill-i:^..T::Y.,^,Attorney forlvail CONTRACT THIS CONTRACT, made and entered into as of JuJ.y 14, L975, by and between vArr-, AssocrATEs, rNc. (hereinafter referred to as "VAI'), a Colorado corporation, party of the First part, TOWN OF VAfL, COLORADO (hereinafter refeged to as ',TOVrr), a colorado municipal corporation, party of the second part, and VAIL METROPOLITAN RECREATIoN DTSTRICT (hereinafler referred, To as 'TVMRD''), a Colorado quasi-municipal corporation, party of the Third Part, WITNESSETH: For and in consideration of the premises, the mutual covenants and agreements herein contained, and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. VAI will gratuitously dedicate to TOV three lots, described as r,ots 9, ro, and ll, vail virlage Tenth riling, with the use of sai-d lots to be restricted to recreational purposes, said dedication document to be delivered by the grantor to the grantee within thirty days from the date hereof. 2. Lot 1, VaiI Viltage Tenth Filing, owned by VAI , will not be sord or developed for a period of at least twenty- four nonths from the date hereof and until such time thereafter as the prospective impact of its development on the Vair Golf course, owned by WIRD, can reasonabry be determined; said impact determination will be made at the sol-e cost and expense of vAr, which will furnish copies of said study to \ZI\4RD and TOV; the parties hereto presently contemprate that development of said lot for residential purposes will reguire vAr at its sole cost and expense to rengthen and/or widen the tee of Hole No. 5 of said golf course in a manner acceptable to VMRD; any d.evelopment of said rot wirl reguire the prior written approval of Tov. and a condition precedent to said approvar is a determination by said municiparity that the pnoposed deveropment will not be detrimen- tal to said golf course. Contract /.....' ...\ 3. 'Lot 2y VaiI Village Tenth Filing, owned.,/ may be sold and developed provided that the following precedent are first satisfied. Page 2 by VAI , conditions times after the date to retrieve their ment for exrsrrng access of nel, and delivered "the date A. VAI will gratuitously grant to VMRD an ease- the tee for Hol-e No. 5 of the vaif eolt course and the golf cart path adjacent to said hole and tee, allowing goJ-fers, golf carts, and golf course equiPment, person- other persons authorized by VMRD, said easement to be by the grantor to the grantee within thirty days from hereof. B. The location of anv house or other structure will be restricted so as to minimize the impact thereof on said Hole No. 5; before commencing any development VAI or its succes- sors or assigns must first obtain the prior lvritten aPproval of WIRD for the location of a proposed structure, which approval will not be unreasonably withheld. C. VAI at its sole cost and expense will plant on said lot a row of trees so as to extend the stand of trees exist- ing on the north side of said lot in a westerly direction across the bench, the type, number, size, and location of said trees to be acceptable to \ ilRD, which acceptance will not be unreasonably withheld, said planting to occur within a reasonable time after the date hereof. D. VAI will prohibit at alL times after the date hereof the erection of fences or other obstacles on the north side of said lot which would interfere with golfers playing said Hole No. 5. E. VAI will guarantee at all hereof that golfers may enter upon said 1ot golf balls. 4. Lot 3, VaiI Village Tenth Filing, owned by vAI , rdY be sold. and developed without special restriction. 5. Lots 4, 5, 6, 7, and 8, VaiI Village Tenth Filing, owned by VAI , frdy be sold and developed. provided that the deeds Agreement Page 3 for said lots each contain restrictions specifying that any development must satisfy the special building conditions set forth in a report entitled "Avalanche and Mud Flow Defense" dated February L975, which is in the records of ToV. 6. The road indicated on the reJorded plat depicting Vail village Tenth FiJ-ing will be shortened so as to provide access only for Lots 1,21 31 4,5,6,7, and B of said subdiv- ision. IN WITNESS WHEREOF, the parties hereto have caused this .instrument to be executed as of the date first above written. VAIL ASSOC]ATES, INC. Secretary and TOWN OF VAIL, COLORADO Tohrn Manager ATTEST: Town Clerk and VAIL METROPOLITAN RECREATION DISTRICT ATTEST: By: By: Assistant Secretary Chairman /, . _._--l { - i-\- i:' o e oz o 'rdE I I I ^, 1:ll,a! | ft'l I E IE E 8l I go o 6E Eo F g E.F a\ t-{ UIl-l(t) r-l A I' t c 1q l$ I I aq .{ ^N 'l iE dE€ o E (|, !v) (|, E i: !tio H .i t I *:Es!.EE$fEgerlg'i r.4l _;E;3;: :<,o€ t4:*$l € gJ.= EX s =loi5 l.9E IEq| .El 3€Et6g Fr.gaE€tr:l5E;€8E a E .E B. q)5 € lr &€.L Fog Fr Ix Ft, E trl i'q, !, a) I E cq) q) t B x E; .2 (|) Et 5 I Fl F" Fl trt F dl \ul vrl JIg>l&4 {)5 6 :€ HiD B B {,zeE€ al IFlItaIIJII'r xlo .-...-.,-. elts \/lrJ^lOX rlE3 s 6lxs {ldi{,fu,v1 or,'r F IEZIkplaolfD()Fi Eoxoco z Etl o C) 't i I , i i I I o ORDINANCE NO. 13 Series of 1975 AN ORDINANCE REZONTNG LOTS 9, 10, AND 11, VAIL VILIAGE TENTH FTLING, APPROVING AN ENVIRONMENTAL IMPACT REPORT AND DEFENSE AND IMPOSTNG SPECIAL BUILDING CONDITIONS ON LOTS 4, 5, 6, 7, AI,ID 8, VAIL VILLAGE TENTH FILTNG. AND AI4ENDING THE OFFICIAL ZONING MAP WHEREAS, on the Official Zoning Map of the Town of Vail, Colorado, Lots 4, 5, 6, 7, 8, 9, 10, and 11, Vail ViJ-lage Tenth Filing, are currently zoned as Two Family Residential District (R) t WHEREAS, Vail Associates, Inc. ' the sole owner of said It 1ots, filed a pet5-tion -for rezoning with the Zoning Administrator on the 4th day of April , L975, requesting that special building conditions be imposed on said lots 4, 5, 6,7,. and I in accordance with the environmental impact report and defense relating thereto, and that said lots 9, 10, and 11 be rezoned as Agricultural and Open Space District (A) with their use restricted to recreetional purposesi and WHEREAS, the Town Council considers that it is in the public interest to approve said environmental impact report and defense and to impose special building conditions on said five l"ots and to down-zone said three lots so as to restrict their use to recreational purposes; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCI], OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. Lots 9, Lots 4, This ordinance shall be known as the "Ordinance Rezoning 10, and 11, and Imposing Special Building Conditions on 5, 6, 7, and 8, Vail Village Tenth Filing" Section 2. Amendment Procedures Fulfilled; Planning I 1 Commission Report. The amendment procedures of the Zoning Ordinance, Ordinance prescribed in Section 21 .500 No. 8, Series of 1973' of the Fordn-eTdF o ord. 13, l-975 Page 2 Town of Vail, Colorado, as amended, have been fulfilled, vtith the report of the PJ-anning Commission reconmending the enact- ment of this ordinance. Section 3. Rezoning. Pursuant to Section 2L.506 of the Zoning Ordinance' Lots 9, I0, and 1I, Vail Village Tenth Filingf are hereby rezoned from Two Family Residential District (R) to Agricultural and open space District (a) wittr their use restricted to recrea- tional purposes. 'section 4. Approval of Environmental Impact Report and Defense; Imposition of Special Building Conditions on Lots- Pursuant to Sqcdlon 16.503 of the Zoning Ordinance, the environmental impact report relating to Lots 4, 5, 6,7, and 8, Vait Village Tenth Filing, entitled "Avalanche and Mud Flow Hazards on Tenth Filing and Katsos Ranch Properties" dated September L974, and the defense thereto, entitled "Avalanche and ltlud Flow Defense" dated February 1975, are hereby approved and the special building conditions set forth in said defense are hereby imposed on said 1ots. Section 5. Amending Official Zoning Map. As provided in Section 1.203 of the Zoning Ordinance, the Zoning Adminislrator is hereby directed to promptly have the Official Zoning Map physically modified to indicate the rezoning specified in Section 3 hereof and the imposition of special building conditions specified in Section 4 hereof. ' Section 6. Effective Date. This ordinance shall take effect five days after pub- lication following the final passage hereof. town-ETerE o ord. 13 | L975 Page 3 INTRODUCED, READ ON FIRST READING' APPROVED, AND oRDERED PUBL,ISIIED ONCE IN rULL, thie 15th day of,July' L975' and a public hearing on thl,s ordinance shall be heLd at the regular meeting of the Town council of the Town of vail, colo- rado, on the 5th day of Augrust, Lg75, at 1:30 P.M., in the ttunicipal Building of the Town. ATTEST: Town Clerk It l. I I 1 READ ON SECOND ONCE IN FULI,, . :.4 ) t;: .,, OI Page 4 READI}IG, APPROVED, ENACTED, this 5th day of August, ItI I Town Clerk |- , .-./ PROTECTIVE OF VA]L VI],i.AGE, EAGLE COUII'J'Y COVENANTS TENTIj FILTNG, , CoLORADO . WHEREAS, Vaij Associates, Inc ., a .Colorado cor"poration,is the owner _of the folJ-owing-clescribed fands: _ Beginnil)g at tire Eas.l- cluarten ccrner of Section B,Township 5 South, rar.rg',(i g0 West of the 61.h pr.incipai Mer.idianr.L-a1rle County, ColoracJc, being the True point 3l *ggj-"nlng.i thence l,iorth 0Oo 23 ? 03" East ;mg-TEefiast l_-rne o1- sai-d Sect:'_r:' B a di.stance of 660.00-feet;thence south Bgo 23 ' 2rrr East a dist-ance of r-5.06 feetto a point on .: culrve on the r/est r"ight-_of_nay fine ofPtarmigan Roaci;.th9n9e a.l-ong said lje;t rignt_6f_way linea dista:rce of 62.+'r fee.t on the ;rr.c of a Iu*,r. to trrenight, said cur've traving a racL_ir-rs of 265. O0 f eet, agg3ti?l a.ng1e of f 3'J 30' ?4'r ;rircl a chord beari:rg north43" ]Br 41tt West 62,33 feet clistant I thence South q3., 2B r15't trdest a di.starrce of r05.00 feet; thence south ogo zai 00rlIrrest a distancer o.f, Tl_6 .?.2 f e-e.t-. Llrr:nce Sor:.1-h g?o Sg ? 00,,idest a ciistarrce of l5O. CO f eet i t],u,,,,.. South i" oi; 00;;East a clista'ce of 35Lr.7B feet r;o a point on the south lineof-the Northeast quarter" oi'- sa:',c1 seciion B; thence Nonth890 +2t 37'*East afong sairi South line a distance of 867.1_8feet to the at'..1g-poini_of beginning, inc:-uci:.-ng all of Lot A,Bloc]< 3' vail vilr-age se,renth rili;g and contl..-r,i"g ioliis-''acres rrore or less. WHEREAS, Vail Associates, rnc. , herein.e.ften sometimes ref erredtg g" orvnen, desi-r"es to place cer.tain restnictions on the TenthFiling, fo. the benefit or the Ownen, and i-r-s nespective g"..iu"*,succcssrors; "rnd assigns, in order to establish arrci r:naintaii thechar"ac'Ler. and value of r.eal estate in Vail Vil1aje. NOI'I TfiEREFORI:-' in consicleration of ti.re pnelnises, Vail Associares,rnc', f or" itself and its g"o"tu"r, successors and assigns, doesh9r-eby impose, establish, publish, ackrowlecrge , declare and agi:eeI'rit-h, to and for the uenerit of ar1 persons vrho rnay hereafterp'rchase.r'lease and frorn time to time so own or irold any oi tt"T*acts and Lots in Vail .vilrage, Tenth Filing, that it orvns andholds af I of the lands in VaiL V.]I1og", T'entfr Filing, subject .ll- ll" following rest'ictions) covenants, and condiiionsr"ali ofb/nrcn shirlI bc deemed to r"un with the land and t-o inure io thebenefit of and be binding upon flre Ownen, i-ts::espective gra'tees,successol.s and acsiens. 1. PT,AN}J]NG AND ARCIIITECTURAL CONTROL COMMITTIE 1.1 Cornmittee. The Planning and Architectur.al Control Comrnittee, he:reinaftet referred to as, the Committee, sha1lconsist of fi.re members who shall be designated by the Owner, itssuccessors or assigns, to review, study, and approve or rejectproposed improvements wi'Lhin the area described in the l,tap ofVail Village, Tenth Filing, of vrhich these restrictive covenants ;r rc m: d p : r'\.a r'1+ The Cornmit"cee shal-l marke such rul-es and proeedures as it uray deem appropriate to I l-., 'l -,,^ -.*-lJ..,y -r_c1w- cttltl onr;enn i f .r 2 Ru1es. .r.li-iT-E,.,1' n*^ ^ ^ ^.1 i ^ - -y! \r\-ss\rr1r5o I ? r^rro-val L{ llan. No building, out building, fence,'- 'f- r ---wall- or other inprovernent shal-l be constructed, er:eeted, ormaintained on.rny Tr'act or Lot, nor shaff any addition theretoon al-'teration thenein be made r-rnti1 plans an<l specifications sirowing the cof or, l.ocation, rna tcrials , landscaping , and suchothcr information r:efating to such improvemen L' as the Conmitteerr:1\/ h6--rc/'\n:rF.'l r, -,-.orrine shal r have been SUbmit.Ced tn ;,nd annr.nrrnrlu rJs(=J.l - rJLrtlrr L L q: \.1 L\J qr lt]'lir' +.|'^ n^---i +r-^^ in r.r",r.i+.i--DJ 1,4 Cri*^-i- -r- --^-: a"al' ^'r -rs anr'l soecifieat'the cornmi'utee "l#F#nuiil=l"""rng uPon sucn p-Lar' -r-''-cruJ-ons; l-.4.1 The suitability of the improvement andrnateria]s of wtrich it is to be cronstl"i-rcted.to'lhe site upon whichit is to be loc.rted:,. I impnovemen-bs I Iin any proposed 4.2 The nature of adiacent and neighboring 4 . 3 T'he quality of the matenials to be utilized imDrovement: clnd I .4 . 4 The ef f eCt Of anv nnonosed j lnnr nrramanf nn- *^'Jthe ou't-look of any adjacent o:: nei_ghhoring property. ft shall be an objective of the Committee to makecer"tain that rro improvement will be so similan or so dissimil-anto others in the viciniLy that values, monetar.y or aesthetic, willbe impaired. 1.5 Effect of The Comrni_tteers I'ailure to Act. In theevent the Commffii.ovcffirs andspeci r icat: o,.'" =.,i,iiii.i"t."i;";; ;;;""" t".v-'i6b; ";";;';i Sijtn':." " i.o,.,and no suit to en joirr the construction has been commenced prion'l'n l"1r r: nnmnla+.in'1 tha-onf .ennn^rraf Shafl ltot be feou jr.ed and the) aPYL J- lI\J L rJs I eYqr!related covenan.ts shall- be determined to have been fu'llv oomn] 'i erlwith. LAND USE Tl.re lands in Ver:'-l- Village, Tenth Fi1i.ng, sha11 be usedfon the following purposes: -2- NOTI,/ITIISTAIIDIIIG the foregoing' to'the above uses and restnictions shall to the SubSect Lands; 2.I The numberecl Lots Ir.2r 3, 4, 5, 6, 7, Bt 9) 10 and 11 sha]I be used only for private resj.dences, each to contain not more than tv;o separate living units. 2.2 Tract A, hereinafter call-ed the Subject Lands, sha11 be usecl and naintained at all times as a vacant and undistunbed open area in its na'cural- condition and no structune; bui'lding or irnrnrro-ont nf ;rnrr kind on 6,}l,1 1^6 lian u:lrol-hror tFmDorary on pel)manent,rr-LP! v L vr urrJ - -"'ftn.y b" erected or mairitained thereon ) no vehicular traffic or nankinrr of anv lcind or natu:re shall- be permitted upon) across or Itrrougtt tl-re Subject Lands. No part of 1he Subject Lands sha1l be used I'or camping or overnight stays by any person or Persons ' Nor shal1 there by pernitteci, I'rithin on upon the Subject Lands any infortral or organi.zed public or pr'ivate gathering nor any other act by any per'son or pet sons, which in the judgment of fhe Or^rnr" n - m:\/ ltcFac.. - :lfr,7, d6,strov on damap'e -Uhe naturalLrr u vwrrL! : rrr(lJ t ur lua ) vv v condition of the vegetat'i on olLhe aesthetic value of tlie naturaf enrri nnnrre.n ta I cr:p 1 i +rr af +l,a ar,l^ri ec b LandS . Tract A may beLrr YurrrrJ vf, Lrrv uuvJ dedicated bv the Owner to public use. the foll-ovring EXCEPTIONS l'o nar"nri l--t-orl r^r'i f h r',FsDFr-trJ <- P(:! :1- , Impr'ovenents necessar'y t des j-rable or conven j ent f.on thL provision and maintenance of utility services -r .\-r ,-_ .i _.,_-... ,a,.,.r +hh^,,_h O:: UndefJlldV jl \._. U()lr> LI l,lu Lt-l,t clllJ l-lc.arl rct+rrL-J r:1! vsit th; Subject Lands; provided that such improvements shall- not cause permanent disrupLion or altenation to the surface of the Subj ec't Lands; and 2. The riding of horses, ponies ' donkeys and mules through the above described l-ands is expnessly per- mittcd as well as any othcr equestrian related usage which will not unreasonably affect t-he natunal condition of the veeeta'Lion or the aesthetj-c value of the Subject Lands. 3. Hikcns, pedcstrians, and bicycles are expressly permitte<1 to travel hereon provided the surface of Subject L,ands is not unreasonably damaged by said activities. 4. Improvements for fire and Pof j-ce protection on the Subject. Lands, provided that suc}t improvements sha1l confo::m to the architectural standands The 0wnen reserves the night to rnake additional ::estr:ict- ions and l-imitatjons upon use not inco:npatibfe with the foregoing nor l-ess restrictive than any applicable regulations of any governmental agency. Any ad<1it-ional restrictions may be included in instruments of coltveyance or l.ease and by supplement to these pnotective covenants to be filed in the office of the clenk and Recorder of Eagle County, Colorado. -3- EASEME}'ITS AI.ID RIGI]TS-OF_WAY 3.1 Easements anci riphl _ ^r: .-_.- rj^_ 1.: _L!.:*_ 1^^_+:_- erectricity , Bas , =i.i.it.i :,';:r;:;-#;-3'.":;;r:'i;:i'iiir'i! , "iilii"t paths, and any other kind of public cr quasi-public utility ser?vr-ce are reserved as shor^rn on the plat of Vail Vi11age, TenthFiling. No fence, waIl, hedge, ban:ier. or other improvernerrtshall be enected or maintained on) across on within the at easneserved for easements and rights-of -r^7ay, non in such closepnoximity.ther:eto as to impair the access ro or use theneof. 3.2 Easements fon dnainage punposes ane reserved as shown in the plat of Vail Vilfage, Ten'Lh Filing. 3.3 Easernents fon dnainage pur.poses reserved in thesecovenants arrd on the Vail Village, Tenth FiJ.ing plat shall beperpetual 3.4 Easements adjacent to a lot but outside the boundariestlrereof nay bc appropriately landscaped, subject to the provisionsof these covenants, by the owner of r-he lot, but in the event strnh I prr j.tn;,ni no i q ;i <rf rrr.'l-rar-l ]117 ,,o^ ^a -F1- ^ ^rr^h^rr+ -r6a nncJ- :enrlLur,u\r rJj LID\-: \rJ- LttC ed.DCIILE.r L , Llrs \_\JJ L cllrlr eXDenSo of r.eq.f nni ns srrr-h l:nr'lqr,:^ j na ct-, - I .t H^ (,^l o.l rz ih.af ^f thauu\-rr -rqrr,ro!_el-,J-tlts Dtla_LI Ug e(.,r\_-!Jowner of the lot. 4 . SIGIIS . I'lo signb , billboa:rds , poster boards o:r advertis ingq+hr''-'J 'IlYla k jnd shall- be erec t:cd or rnaitrt.rinorl on anv I o1s!- r.(:\J \JJ- llra.-I,lt LcL-Llrv\f vrr qrrjor struc turc f or any purpose whatsoever, except suclt s:'_grrs ashave been approved by the Conu:rittee as reasonably necesiary fonthe identification of res:'-dences and places of busi.ness. b. wAl'Ltt 1\l'lD SE!'JAGE. Each stnucture designed for occupancyon use by hunan beings shall connect with the water and sevragefacilities of the Vail Water and Sanitation Dj.strict. No pnivatevlel-l shall be used as a soulrce of waten f o:: human consumption onirrigation in Vai-I Vil-lage, Tcnth filing) nor shall any iacilityotherthan those provided by the Vail Water and Sanitation Distr,ictbe used for the disposal of sewage. I'lechanical garbage disposalfacil-ities shall be provided in each kitchen or food preparing area. 6. TRASH AND GARBAGE 6.I Di Snns:'l nF Tr';r qh and C:r-lrao.' l{n fr'.a.rh - aqhaq r-r nother reluse may be thrown or drrmped on any fand within Vail_Vil1age, Tenth l'iii-ng. The burning or refuse out of doors shallnot be perrnitted in Vail Vi11;ige, Tent).r I'iling. No incinenator orother device fonthe burning of refuse indoors shal1 be constructed,installed or: used by any p."=on except as appraove<1 by the committee. IJach proper.ty ownen shall provide suitable receptacles for thecollection of ::efuse. Such receptacl-es shaf l- be screened f r:ompublic view and protected from distuirbance. -4- 6,2 Definition. As used in this Section 6, iltrash, sanba <lc o?. n'rt,his.].r sfETl inclu.de wi str. - r,r.i oorarl6sr vq6e v u!!_rsn " $nail l_nc-Lu.de , * *J , val ueless orwonthless matter, material-s and debris, useless, unused, unwaRted,or dj.scanded anticle! fron an ordinarrr hcrrrsehr,-l d - waste from the nr.en.aner'i nn ^^^;i;;-- -:;'-'^:--*;:-" -' rrvru r u Lr\J,r, .'.,.rking, and consr.tmption of f ood, market refuse ,was'te from the handling, storage > prepcllslion or sale o:- pr:oduce,tree branches, twigs, grass, sh::ub clippings, weeds, leavesr andothcr gcneral yard and garden waste rnaterials; br.rt shalr notinclude food or food pnociucts to be preptrred over outdoor oropen fires nor wood or othen ma.terial-s used for fuel in fineplaces, 7. LIVESl'OCK. No animals, livestock, horses or poultryof any kind shafJ- be kept, rais;ed on br:ed in Vai1 Village, TenthFiling, except in areas designated for such pui'poses by-the commitree,atrd excep't that dogs , cats and other horrsehold animals mav bekept only as pets. B. TREES. No trees shall be cut, trimmed or nemoved inVail Vil-1age, Tenth Filing, except with pnior written approvalof the commi'L-tee and by persons designated by the committee 9. SET BACK REQUIREI'IIINTS. There shal_l be a generalrequirenent for the l-ocartion of iinproveinents with relation L<.>pnoperty l-jnes, as de$cribcd by the Town of vait Zoning ordinancesand the Ar"chi.tectural Control Commi'l- tee. fn cletenmining the. ononerplocation for each irnpnoveinent, the commi-Ltee .h"1i--';;;;ia"""til""'- i;:":i:il.:'";"i: il:g"i's.::::i: :*i::: :''^:t; " " ::."1+*::":^::?t::.u'or aesthetic conif;;;;ti;;;'""' ii'"#I;";.il"";;;;";i;;;. r'\'.e Lq r v 10. AREA REQUIREIIIJIITS. No structure designed for humanuse or irabitation shal"f be construeted unless the agg:regate floon 3il5ii ;:"il.:;:"31 3f"io8"lllifu ?::iT"";;; E:ffi:il:l :il:,i""ases'detenmine fnom the design of th. improvenent whether an area whichis pantially below gnade shatl quafify as areas to be includedwith-in the mininum oerrni ss'i bl a " t "a. l-1. TRADE NAl"lES. No i.nork, name, symbol, or combinationthereof shaII be ttserl to i denf i f rr f nn r'nmmnr"ni;r't Frrhn^-^F - r\^,,- ^u-L(.f P(.r! P\JDCi) ct .tlULtSC,stnucture, business or service in Vail viltage, T-enth I'i1ing, unlessth.e same shal1 have been first approved in wiiiing by the c6mmittee. 12. SIICONDARY STRUCTURES. l'Jo secondany cletached structunesshall be perir,itted except for garages and other out buildings asapproved by the Committee. 13. TEMP0RAftY STI{UCTURES - Nn f ornnor''n\/ <vation, ;;;.^;;t, trairer or tent' "nlir'f;'Jo;:ffi1.;:5'i1"il5i,.'iliii"r",Tenth Filing, except as may be necessary dur.ing construction andauthor-izect bv thc Comrnittee, ancl exocpt tenporiny protection forathletic facilities, -5- 14. CONTINUITY 0F C0NSTRUCTI0N. A1 l- structures coll'rnenced in Vail Village, Tenth Filing, shal1 be prosecuted diligently to completion and shall be. completed within 12 months of commence- ment) except vrith wr"itten consent of the Committee. 15. I'IUISANCE. No noxious or offensive activity shall be canried on nor sh.rll anything be done or permitted rvhich shall constitute a public nuisance in Vail Vi.1lage, Tenth Filing. 16. EFFECT AND DURATION 0F COVENANTS. The condjtions' na,str,i cf innr-.r - e 1 -: ^ . , r - r . r' ^ h r ---l,^mentS and COVenantS COntained! sD LI I\- L-L\-/llr: u L-LlrLl-Lct Ll\rll> t otir es hereirr sh.rII be fon the benefit of and be binding upon each lot, block and tnact in Vail Village, Tenth Filing, and each ownen nf rr+.'nr'ror.irr 'fi-rar"ain hrt.l qrrnr.o!:qarnq - rFnyapsientati'_ I -^^i-_^r- r .,-a '-vc> dllu ctDD-LBrrD and shall continue in fu11 force and effect until .Ianuary I,2022, at r"ihich tir.re they shall- be automatically extended for five suc- cessive tcrms of ten years each. 17 . AMENDI"IENT. The condi tions , restrictions , stipulations , agreements and covenants contained herein shall not be waived, abandoned, terrninat-ed, or amerrdcd excePt by vmitten consent of the owners of 66eo of the privatety-owned land i.nc-Iuded within the boundar^ies of Vai.l. Village, Tenth Filing, and the same may .be then shown by the plat on file in the office of the Clerk and Recorder of Eag1e County, Cc>lorado and filing said amendment with the Clerk and Recorder of Eagle Countv, Colorado ap4filing said anrencilLent witl-r the Clerk of -Lire T'own of Vail ifland i-s within the Town of Vai] iurisdiction. ]8. ENFORCEMENT. 18.1 Procedure fon Enfoncement. If anv Der.son shallviolate or thneaten to violate any of the pnovisioni of this in-strument, Vail Associates , f nc . or i-t-s succesrior.s or assigns, ot:any owner of ::eal property in Vail Vi11age, Terrth Filing, hisagents or employees, may, but vnithout obligation to do so, enforcethe provisions of this instrument by: 18.1.1 entering upon the property nhere theviolation or threatened viol-ation exists and nemoving, ::emedying and abating the violation; such self-helpshafl only be exercised aften having given fifteen(15) days pr:ior written notice to the owner or ownensof the property upon ivhich thc viol-ation exists andprovided'the oivnei: shall have failed within such timeto take such act.ion as may be necessany to conform tothe covenants I or 18.1,2 instituting such proceedings at law orin equity as may be appnopriate to enforce the pro-visions of this instrument, i.ncluding a demand for in- irrnetive r.el ir.f tn r'\'np\/r'rri nra nomp6ly the thneateno-d OI. nx'i sJ- jns vinlefinns o.f tliese covenants and for d4p;c,es 18.2 Notice and Service of Process. Each ownen of -6- real property in Vail Village, -fenth Filing, hereby appoints t-he Town Clerk of the Town of Vail- as his agerrt to receive any notr-ce provided for herein and to accept service of process in any court proceeding brought to en{orce the provisions of this instrument. Any notice requireo under this Section l-7 sha11 be written and shafl- speci-f1, the violation or threatened violation objected to, the propenty subject to the violation and shall- demand conpl-iance with these covenants within fifteen (15) days after' the giving of such notice. ff after. reasonabfe effort the person'giving the notice shall be unable to deliven the same personally to thc person to whom it is dinected and sha]l be unable to obtain a returll receipt showi.ng delivery of notice to tlre person to whom it is directed, t-hcn the required notice shall be deemedsufficiently given if posted upon the property describedin the no-Lice ancl maifed to the last known address of the person to whom the notice is dir"ected. 19. DEFINTTION OF PROPERTY OI'J].JXII As used in t-his instrulnenL, the phr:rses rrreal property ol/nerrr or ttowner of :real- prcperty" shaLl mean any natural person! panL-nez-ship, con;ora L:.on, a;scciation or othe r business entity'or nel.ationship wh:lch shall own an estate as a co-tenant or othen-wise in fee simple or for a tern of riot fess than f orty-n j-ne (Ltg) V€cr]aS in anv nortion of the lands incl-uded within the boundariesl-^€ rr- -"1 r' -'.' '1 - -€\ - 'l'pntlr Fi'l -i no . Srrch nhrr.r sr,s shall not include\rr vcLrJ v I _L _L(rl-;r- ) LsltLrr r rJ-.LllB. lJ(.1\_lr l./rrro!rso otwithin their meaning the holder on owner of any lien or securedintenest in lands or improvernents ther-'eon within the subdivision,nor any pcrson cl-aimjr)g an easemcnt or night-of-way for utility, transporta L-ion or other purpose through, over ol. across any such lancl s 20. SEVTRABILITY. Invalidation of any one of the provisionsof this inst.r.ument by judgntcnt or court order on decree shal1 inno wi-se affect any of the ot}rer provisions which shall- remain j-n ful-l- f orce and eff ect . EXECUTED THIS , f 973. VAIL ASSOCIATES, INC., a Colorado Cor-poration By ATTEST I r?nher J- l[. Ilnfr. \/ice Presidentrrv L L t Janes R, Bartl-ctt, Secnetar"y _ I _ STATE OF COLORADO COUNTY OF EAGLE thi s The foregoing instrument was acknohrledged befone meday of , 1973, byR0BERilI. mrr-s vicr pffiR. BAR'ir,Eri as SECRETARY of vArL ASSOCTATES, rNC., a colorado corporation. Wrtness my hand and officiai seal. My Commission exp:'-'nes : ---Totarv Fub-TTc r -8- box 1oo r vail, colorado 8r6sz August (1) Vail Associates, Inc.P. O. Box 7 VaiJ-, Colorado 81657 Atlention: (1) Mr. Richard E. peterson, President (2) Mr. Andrew D. Norris, III,Vice President (3) Mr. Frederick S. Otto, General Counsel (4) l{r. James L. viele, Engineer (2) Town of Vail, ColoradoP. O. Box 100Vail, Colorado 81657 Attention: (1) Town Council (2) Mr. TerrelL J. Minger, Town Manager r 303.476-6613 5, 1975 (,', (4) Mr. James F. Lamont,Dj-rector, Department of Community Development Ms. Diana Toughill, Zoning Administrator Re: Lots I through J-I, Vail Village Tenth Filing Gentlemen: As a consequence of a discussion this afternoon involving Mr.Otto, Mr. Rodney E..Slifer, and me, I have again redrafted theproposed contract concerning the above referenced lots. Theoriginal- and four copies of the redrafted contract are encrosedwi-th the copy hereof which will be delivered by messenger to Mr.Ottors office this afternoon. o Vail Associates, Inc. Town of Vail, Colorado Aug"ust 5, L975 Page 2 Mr. Otto gave hi-s assurance to Mr. Slifer and me that thisredrafted contract is acceptable to Vail Associates, Inc., and he was assured that it is acceptable to the .Town of Vail, CoIo-rado, and Vail Metropolitan Recreation District. Mr. Otto aLsosaid that he would endeavor to have the contract executed byVAI and returned to me today before the commencement of the Town Councj.l regular meeting at 7:30 p.M. Mr. Slifer said that the VMRD Board of Directors will considerthe contract in its regular meeting on AugusL 7 , 1975, presumingthat it then has possession of the contract and it has been exe-cuted by VAI . Assuming VAI returns the contract to me as agreed,I will deliver it to the WIRD board. After the contract has been executed by both VAI and Vl,lRD, it willbe executed by the Town Manager for TOV. Supplemental agreements to the contract are required by paragraphs2 and 3D of the contract. Mr. Otto agreed to prepare said agree-ments and deliver them to me as promptJ-y as practicabl-e. I will attend the American Bar Association 1975 Annual Meeting inllontreal and be away from Vail from August 6, L975, to August 15,L975, and return to work on August 18, L975. Upon my return to myoffice on August 18th, I trust I will find the supplemental agree- ments On the basis of Mr. Ottots personal assurance that VAI will irnme-diately execute the redraftLd contract that is enclosed, I will reconunend to the Town Council that it approve Ordinance 13 , L9"15,on second reading in its meeting this evening and enact said ordi- nance. L Sincerely, _\ /c'-+.Hhcene A. SmiphAttornev fdr VaiL Metropolitan Recreation District cAs/sjn cc: Rodney E. SliferP. O. Box 277Vail, Colorado 81657 enclosures ta o coNl'RAcl THIS CONTRACT' made and entered into as of July 14' Lgl5t by and between VAIL ASSOCIATES' INC' (hereinafter referred to as ,'VAI,'), a Colorado corporation, Party of the First Part' TOWN O!, VAIL, COLORADO (hereinafter referred to as "TOV") ' EI Colorado municipal corporation' Party of the Second Part' and VAIL METROPOLITAN RECREATION DISTRICT (hCTEiNAfTCT TEfCTTCd tO as ,,VMRD,,), a Colorado quasi-municipal corporation' Party of the Third Part' WITNESSETH: Eorandinconsiderationofthepremises'themutual covenants and agreements herein contained, and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties hereto agree as follows: I. VAI sha1l gratuitously dedicate to TOV three lots' described as Lots g, 10, and 11, Vail village Tenth Filing' wittr' the use of said lots to be restricted to recreational purposes' said dedication document to be delivered by the grantor to the grantee within thirty days from the date hereof' 2- Lot I, Vail ViIIage Tenth Filing' owned by VAT' shall not be sold or developed for a period of twenty-four months ' except as otherwise subsequently agreed by VAI ancl VMRD; within said period the prospective impact of any development of said lot on both said lot and the Vail GoIf Course' operated by VMRD' shall be determined by an agreement to be reached by VAI and VMRD, which agreement sha1l indicate whether said }ot shal1 not be developed at all, may be developed subject to building restric- tions,ormaybedevelopedwithoutspecialrestrictioniprovided' however, that if VAI and VMRD do not reach said agreement within said period, the dispute shall then be determined through arbi- trationPursuanttotherulesoftheAmericanArbitrationAssoci- ation,withthedetailsrelatingtosaidarbiLrationtobeagreed upon by VAf and VMRD through a letter agreement that will consti- tute a part of this Contract which will be entered inLo by said : I i I ',1 .4 { t 'o Page 2 Agreement parties within thirty days frorn the date hereof i VAI and VMRD presently contemplate that development of said lot for residen- tial purposes may require among other things that vAI at its sole cost and expense will lengthen and/ot widen the tee of Hole No. 5 of said golf course in a manner acceptable to VMRD' 3' Lot 2' Vail Village Tenth Filing' ovrned by VAI' may be developed provided that the following conditions Prece- dent are first satisfied' A' VAI shall gratuitously grant to VMRD an ease- ment for the tee for HoIe No' 5 of the Vail GoIf course and the existing golf cart path adjacent to said hole and tee' allowing access of golfers' golf carts' and golf course equipmentf person- nel, and other Persons authorized by VMRD' said easement to be delivered by the grantor to the grantee within thirty days from the date hereof ' B. The location of any house or other structure' shallberestrictedsoastominimizetheimpactthereofonsaid Hole No' 5; before commencing any development VAr or its succes- sors or assigns must first obtain the prior written approval of VMRDforthelocationofaProPosedstructure'whichapprovalwill not be unreasonablY withheld' C. VAI at its sole cost and expense shall plant on saidlotarowoftreessoastoextendthestandoftreesexist- ing on the north side of said lot in a westerly ilirection across the bench' the type' number' size' and location of said trees Eo beacceptabletoVMRD'whichacceptancewillnotbeunreasonably withheld'saidplantingtooccurwithinareasonabletimeafter the date bereor ^-+6r int_o an agreement which D' VAI and VMRD shall enter into an will enable among other things VMRD to prohibit the erection of fences or other obstacles on the north side of said lot which would lnterfere with said golf course or golfers playing said Hole No' 5 and to permit golfers to enter upon said lot to retrievt their golf balls; VAI shall have said agreement recorded in the officeofthecountyCterkandRecorder'CountyofEaqle'State ilLltrl I f, -..;1 H -T t.,l o h6 i I ,i ,{ Page 3 Agreement of of by Colorado, prior to the recording of a deed for the conveyance said lot to a purchaser; said agreemenL shall be entered into said parties within thirty days from the date hereof' 4.Lot3,VailVillageTenthFiling,ownedbyVAI'RaY sold and developed without special restriction' 5. Lots 4, 5' 6' 7'and 8' Vail Village Tenth Filing' owned by vAr, R?Y be sold and developed' provided that any contract for the sale of said lots shall contain a provision specifying that any development must satisfy the special building conditions set forth in a report entitled "Avalanche and Mud Flow Defense" dated February Lg75' which is in the records of ToV; a copy of each such contract shall be furnished to both ToV and VMRD promptly after its execution' 5 ' The road indicated on the recorded plat depicting Vail village Tenth Filing shaIl be shortened so as to provide access only for Lots 1'2' 3'4' 5' 6' 7' and I of said subdivi- , sion. IN WITNESS WHEREOF' the parties hereto have caused this instrument to be executed as of the date first above written' vArL AssoclATEs' rNC' -''ffiary and TOWN oF vArt' coLoRADo "-'ffig"t ATTEST: and \(.o Agreement o Page 4 RECREATION DISTRIC1 ATTEST: VAIL I4ETROPOLITAN By: ffiY TOr TOIH COU|{C } L FROllr_-!f.f}||t$fQ_p0ill|l S3 | ON fr -- ----t--..- REr \-grtl vtLtAoE tdfH FtttilB----------_-- Thr Plrnnlng Contlr.ton hu rcvlrrod the rubJre? plairnd f Ind thrt rl | ?rqolrclrntr of fhr SutdlvlrtenRrgulatfonr hrvr born ert. Ir r.eormad thai ?hr Plrt for Vril vlllrgr l0th Flllngb. lpgroy.d rr rubrlft.d. PLAlilt I ilg COHit | 83 | Orl frfrl I 5, l97t Jtnlr ll. Sllvln '-:---.-: d?