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HomeMy WebLinkAboutVAIL VILLAGE FILING 5 BLOCK 3 LOT P2 LEGALFI!,E COPYJohn Schofield seconded the motion. It passed unanimously by a vote of 7-0. 4. A request for a major subdivision of Silt P-2, located on Lot P-2, Vail Village Flrst Fillng. Applicant: P-2 Association, represented by Art AbplanalpPlanner: George Ruther George Ruther gave an overview of the request. Art Abplanalp asked what happened to the plats? Greg Moffet asked for any public comment. There was none. He then asked for comments from the Commission. There were no commenls. Gene Uselton made a motion for approval. Henry Pratt seconded the motion. It passed unanimously by a vote of 7-0. 5. A request to amend Sections 18.27.030, 18.29.030, and 18.30.030 of the Zoning Code to allow van storage/transportation related businesses in the Commercial Core 3, Arterial Business, and Heavy Service Zone Districts as a conditional use and add Sections 18.04.415 and 18.04.385 providing definitions for vehicle storage yard and transportation business. Applicant: Town of VailPlanner: Dominic Mauriello TABLED UNTIL DECEMBER 16,1995 6. A request to amend the Gerald R. Ford Park Master Plan and adopt the Gerald R. Ford Park Management Plan. Applicant: Town of Vail, represented by Larry Grafel, Pam Brandmeyer, Todd Oppenheimer, George Ruther. TABLED UNTIL DECEMBEB 16,1996 7. A request lor a conditional use permit utilizing the 250 Ordinance, to allow for a Type ll EHU, located at 186 Forest Road/Lot 9, Block 7, Vail Village 1st Filing. Applicant: Mike FlanneryPlanner: Dirk Mason TABLED UNTIL JANUARY 13, 1997 Greg Amsden made a motion to table item #5 and ilem #6 until December 16, 1996 and item #7 untilJanuary 13, 1997. z/1 Planning and Envirorunental Commisslon Minutes Decsrnbcr 9. 1996 1"0 Greg Moflet asked about the ratio of hotel units to club units. He said that Johannes Faessler said 450 sq. ft. was the current deluxe hotel room size and these rooms were quite a bit smaller. Greg was concerned with the small size of the new hotel rooms. Greg wanted to quantity a benefit to the Town in the stated goals, with "real live beds." He stated to the applicanl that employee housing would be looked at hard. He said he wanted to see more housing when the applicant went from 12,000 sq. ft. to 36,000 sq. lt., or tripled in size. He suggested being mindful of the Village Center folks and thought that they could solve the driveway interface. Greg felt that tralfic snarls needed to be kept out of Slifer Square. Greg also, did not want any dedicated parking in the front. He said the "food service creep" was important to be aware of. Gordon Pierce asked the PEC what they thought about creating a "popcorn wagon" type food service in the Square area? Greg Motfet said the concern was the smell and garbage issue and how could we assure that 5- 10 years from now there would be no lood service? Gordon Pierce suggested a deed restriction. Greg Moffet asked George Ruther about the development standards? George Ruther said he would like to dedicate the next meeting to those issues. Greg Motfet felt, as he looked at the bulk and mass from the model, that it didn't present a problem and he felt that that part of Town could handle that massive of a building. He did state that once again, when the mass was doubled, he wanted to see tangible benefits. He stated that employee units didn't have to be on-site, as long as they were in Town. Jim Lamont said the most offensive part of a restaurant/bar was not only the smell, but the noise caused by clinking bottles. Greg Moffet thought a food and beverage deed restriction was good. Mike Mollica suggested exploring the possibility of access totally underground between both the Village Center and the Austria Haus buildings, as grades could afford that. He said that trying to access this project alone, would be almost impossible. Gordon Pierce said he would discuss that possibility. Dan Telleen said, regarding underground parking in conjunction with Village Genter, it might be an option. Pam Hopkins asked about the quality of noise transmission in the lock-offs? She stated that noise control was important, so that guests would come back. Dirk Mason noted thal Joe Macy, representing VailAssociates, lnc., or item #1, could not be present and advised the PEC that Joe suggested either proceeding with item #1 without him, or tabling the item. Greg Amsden came back at 5r15 pm. Henry Pratt made a motion to table item #1 until the next meeting. Planning and Environmental Comlussion ' Minutes December 9, 1996 ) John Schofield seconded the motion. It passed unanimously by a vole of 7-0. ililililil1 7. Information Update: There was no information update. 8. Approval of November 11, 1996 PEC minutes and November 25, 1996 PEC minutes. riel.eo uNTtL DEcEMBER 16,1996 Greg Amsden made a motion to adjourn the meeling. Henry Pratt seconded the motion. The motion passed unanimously by a vote of 7-0. George Ruther advlsed fhe PEC that there would be a meeting next Monday, one week from today, December 16, 1996, The meeting adjourned at 5:20 pm. Plaoning and Envirumental Commission Minutse Deceurber 9, 1996 11 o MEMORANDUM TO: Planning and Environmental Commission IFROM: Community Development Departnent hAg DATE:December 9.1996 Ha.a1 -'l-o SUBJECT: A request for final review of a major suMivision of t ot P-2, Block 3, Vail Village Fifth Filing, and a vacated portion of Hanson Ranch Road. The site is generally located east of Vail Valley Drive between Hanson Ranch Road and Gore Creek Drive. A complete legal description is available in the Community Development Deparfrnent. Applicant P-2 Association. represented by Art Abplanalp Planners: Georse Ruther I. BACKGROUNI) On September 13,1996, the P-2 Association, represented by Art Abplanalp, submitted an application for a major resubdivision to Lot P-2, Block 3 and a portion of vacated Hanson Ranch Road, Vail Village Fifth Filing. LotP-2 is generally located east of Vail Valley Drive, between Gore Creek Drive and Hanson Ranch Road. Lot P-2 is bounded on the noftheast side by Gore Creek Drive, the All Seasons Condominiums, and the Vail Trail East Chalets: on the south by the Ramshorn Lodge and the All Seasons Condominiums; and on the west by Vail Valley Drive. LotP-2 is currently under multiple ownership and govemed by the P-2 Association. The total lot area of Lot P-2 is approximately 0.5494 acres/23,931.86 sq. ft. LotP-2 was originally platted as part of the Vail Village First Filing SuMivision on August 6, 1962. On November 12, 1965, an amended subdivision and a resubdivision of parts of Vail Village First Filing was recorded with the Eagle County Clerk and Recorder's Office. The Vail Village Fifth Filing Resubdivision included I-otP-2, Block 3 of the Vail Village First Filing. Pursuant to the recordation at Book 215, Page 969, the northerly portion of the Hanson Ranch Road righrof-way east of Vail Valley Drive has been vacated. The P-2 Association was established as a Colorado Corporation to govem the use and maintenance of the area known as LotP-2. The P-2 Association is comprised of multiple ownership. The owners include Vail Trails East Chalets, the Tivoli Lodge, the Gallatyn lodge, the Ramshom lodge and the Vail Trails Chalets. FirE c;; . F TEVERYONE\PEOMEMOS\p2assoc.d09 On October 14. lgg6,the applicants' representative, Art Abplanalp, appeared before the Planning and Environmental Commission with a reque$t for a review of the preliminary major subdivision plan. Upon review of the preliminary plan, the Planning and Environmental Commission approved the applicants' request with two conditions. The first being that the applicants add the restrictions prescribed by the proposcd protective covenants as plat notes to the final plat, to ensure that said restrictions can not be amended without Town of Vail notification and approval' and the second, that the applicants submitted a set ofproposed protective covenants to the Town ofVail for rcview and approval. Each ofthe requircd conditions of approval have been met by the applicants, and therefore, the Planning and Environmental Commission can take action on the review ofthe frnal plat. IL DESCRIPTION of the REOUEST The P-2 Association is requesting a final review of a major subdivision final plat in order to divide Lot P-2 into separate parcels, each to be owned by the entity which has historically occupied each part of the parcel. The use of the parcels will remain a parking facility. The Association has proposed new Declarations of Protective Covenants to govern the future use and maintenance of Lot P-2. According to the official Town of Vail ZoningMap, Lot P-2 is designated Parking Zone District. The purpose of the Parking District is to provide sites for private or public, unstructured, off- street, vehiclc parking and conditionally to provide forprivate or public, off-street vehicle parking structures and private or public parks and recreational facilities. Permitted uses within the Parking District include private or public, unstructured, off-street. vehicle parking facilities. According to the Town of Vail Municipal Code, the following conditional uses shall be permitted in the Parking District, subject to the issuance of a conditional use permit in accordance with Chapter 18.60: o private or public, off-street parking structures, o private or public parks and recreational facilities, o public uses, private office and commercial uscs that are transportation, tourists, or Town related that arc accessory to a parking structurc, o major arcades, o temporary construction staging sites, and o Type III and Type IV employee housing units. III. REVIEW PROCESS Title I 7, Subdivision Regulations, of the Town of Vail Municipal Code establishes the review process and criteria for a major subdivision proposcd in the Town of Vail. Pursuant to Chapter I 7. I 6, Major Subdivision, of the Municipal Code, the first step in the review process is for the applicant to meet with a Town Planner to discuss the preliminary plan. Staffhas met with the F:\EVERYONRPEC\MIiMOS\pZassoc.d09 applicant on several occasions to discuss the proposal and address submittal requirements. Staff feels the applicant has successfully complied with the initial step in the review process. The next step in the review process shall be a formal consideration of the preliminary plan by the Town of Vail Planning and Environmental Commission. The applicant shall make a presentation to the Planning and Environmental Commission at a regularly scheduled meeting. The presentation and public hearing shall be in accordance with Sections I 8.66.060 through 18.66.090 of the Town of Vail Municipal Code. The applicant's appearancc before the Planning and Environmental Commission on October 14. 1996, shall serve to meet the public hearing and presentation requirement. The burden of proof that the application is in compliance with the intent and purposes of the ZoningCode and other pertinent regulations shall lie upon the applicant. In reviewing the preliminary plan, the Planning and Environmental Commission shall review the application and consider its appropriatencss in regard to Town policics relating to: l. SubdivisionControl; 2. Densities proposed; 3. Regulations; 4. Ordinances, resolutions and other applicable documents; 5. Environmentallntegrity; 6. Compatibility with surrounding land uses; and 7. Effects upon the aesthetics ofthe Town and surrounding land uses. The PEC shall have twenty-one days from the date of the review of the preliminary plan to apprcve, disapprove or approve with conditions or modifications, the major subdivision request. Within ten days of making a decision on the request, the staff shall forward the PEC's decision to the Vail Town Council. The Council may appeal the PEC's action. The appeal must be placed within seventeen days of PEC's action. If the Council appeals the PEC's action, the Council shall hear substantially thc same presentation by the applicant as was heard at the PEC public hearing. The Council shall have thirty days to affrm, reverse, or affirm with modifications the PEC decision. The appeal hearing shall be held during a regularly scheduled council meeting. The funal step in the review process of a major subdivision request, after PEC preliminary plan reviewn is the review of the final plat, At any time within one year after the PEC has taken action on the preliminary plan, a frnal plat shall bc submitted to the Town of Vail Community Development Deparfrnent. The staff shall schedule a final review of the final plat. The final review shall occur at a regularly scheduled PEC public hearing. The review criteria for a final plat are the same as those used in reviewing the preliminary plan as contained in Section 17. 16.1 l0 of the Subdivision Regulations. F :\EVERYONE\PEC\MEMOS\p2assoc. d09 The Town of Vail has the ability to require certain improvements when approving a rnaJor suMivision. The following improvements shall be required by the applicant unless otherwise waived by the zoning administrator, PEC, or Council: l. Paved steets and parking lots; 2. Bicycle and pedestrian path linked with the town system and within the subdivision itself; 3. Traffic confrol signs, signals or devices; 4. Street lights; 5. Landscaping; 6. Water lines and fire hydrants; 7. Sanitary sewer lines; 8. Storm drainage improvements and storm sewers: 9. Bridges and culverts; 10. Electric lines; I l. Telephone lines; 12. Natural gas lines; 13. Other improvements not specifically mentioned above but found necessary by the Town Engineer due to the nature ofthe subdivision. IV. STAFF ANALYSIS OF'MAJOR SUBDIVISION REVIEW CRITERIA Section l7.16.110 of the Town of Vail Municipal Code provides the criteria by which a proposed major suMivision is to be reviewed. Staffhas reviewed the proposed preliminary plan for the major resubdivision of Lot P-2, Block 3' and a portion of vacated Hansen Ranch Road, Vail Village Fifth Filing, and our analysis is listed below: l. Subdivision Conhol As the applicant is not proposing development on the newly created lots, staff does not feel this criteria is applicablc. 2. Densities Proposed LotP-z is cunently zoned Parking District. The only permitted use in the parking district is private or public unstructured off-street vehicle parking. All other uses af,e conditional uses. The conditional uses permitted subject to the issuance of a conditional use permit are listed on page 2, in section II of this rnemorandum. The Parking District does not permit the development of dwetling units with the exception of Types III and IV employee housing units. The applicant has prepared protective covenants restricting the use ofthe newly created lots to parking only. Staff feels the protective covenants and the existing zoning adequately restrict future development on the lots. Stafffurther finds that any future FTEVERYONnPEC\MEMOS\p2assoc.d09 J. changes ofuse on any, or all ofthe lots, would require not only a change to the covenants, but the review and approval of the Town of Vail via a conditional use permit and/or a change in the zoning designation on the property. Regulations Staff reviewed the regulations prescribed by the Town of Vail Municipal Code for the Parking Zone District. According to Section I 8.34.010 of the municipal code, the purpose ofthe Parking District is intended to provide sites for private and public unstructured off-street vehicle parking and to ensure adequate light, air, privacy and open spacc for each valid use in adjacent areas. Unlike most other zone districts, the Parking District does not prescribe a minimum lot size or a minimum street frontage requiranent. The lots being proposed are substandard for all other zone districts requiring minimum lot sizes, thus limiting the potential uses of the newly crcatcd lots to anything other than parking. Staffbelieves the proposed major subdivision complies with the applicable regulations. The applicant is proposing to continue thc private off-street parking use ofLot P-2' as it has historically been used. Ordinances. resolutions and other applicable documents In reviewing this proposal, staff relied upon the Town of Vail Municipal Code, the restrictions recorded on the plat. and the Vail Land Use Plan. The issues relating to the municipal code have been addressed previously. The preliminary plan and proposed protective covenants restrict the future use of Lot P-2. The restrictions include limitations of the use of Lot P-2 to parking of passenger vehicles having a weight ofless than 10.000 pounds, landscaping and underground utility lines; prohibition on constuction above ground level cxcept landscaping; retaining walls necessary for the support of parking; obligations of the owners to maintain and repair paving, retaining walls, irrigation, landscaping, etc; and enforcement, liability and easements. The future use of Lot P-2 is further restricted by the existing protective covenants recorded at Book 253, Page 48, by the agreement establishing the P-2 Association recorded at Book 386, Page 32' andthe consent recorded at Book 392, Pages 248-250. To further insure that development on the property is restricted, in accordance with the protective covenants proposed, staff is required that the applicant add the above described restrictions on the plats as plat notes. This in effectprevents the future use oflot P-2 to change without approval frorn the Town of Vail. Private protective covenants can be altered without Town of Vail review and approval. Any amendment to a final plat would require the Town of Vail review and approval. 4. F :\EVERYON L\PEC\MEMOS\o2assoo.d09 The Vail Land Use Plan and the Vail Village Master Plan contains goals which staff considers to be applicable to the major subdivision request. The applicable goals include: VAIL LAND USE PLAN: l. General Growth / Development l.L Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. tP The quality of the environment including air, water and other natural resources should be protected as the Town grows. l3 The quality of development should be maintained and upgraded whenever possible. LJ New suMivisions should not be permitted in high geologic hazatd areas. VAIL VILLAGE MASTER PLA]TI: Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. 3.1 Objective: Physically improve the existing pedestrian ways by landscaping and other improvcments. 3.4 Objective: Develop additional sidewalks, pedestrian only walkways and accessible green space areas including pocket parks and sheam access. 3.4.2 Policy: Private development projects shall be required to incorporate new sidewalks along streets adjacent to the project, as designated in the Vail Village Master Plan and / or Recreation Trails Master Plan. According to the East Village Sub-Area Plan (#7), a key objective is to provide improvements in the sub-area related to pedestrian and bicycle safety. Sub-area plan component #7-3, Vail Valley Drive sidewalk, indicates that: 'o a sidewalk (separated from the road where possible) through the sub-area linking the Golden Peak Base facility with the Vail Transportation Center. Landscape improvements FTEVERYON APEC\MEMOS\p2assoc.d09 and pedestrian cross-walks to be included as required to meet demands of pedestrian traffic. Special emphasis is placed upon the goals and objectives 3. 1 and 3.4." 5. Environmentallntegibr Staff believes the proposed major subdivision does not adversely affect the integrity of the environment. The applicant is not proposing to increase the amount of impervious surface of the existing parking on Lot P-2. Staff believes this has a positive effect on water quality as it does not increasethe surface run-offfrom the area. The applicant is also proposing to preserve and continue to maintain the landscaping existing on Lot P-2. Currently, numerous maturing Aspen and Spruce trces arc growing on the properly. The applicant has provided for future maintenance by means of protective covenants. Staff feels this too has a positive effect on the natural and built environment. 6. Compatibility with Surrounding Land Uscs The existing use of Lot P-2 is unstructured off-street vehicle parking for five residential properties in the area (Ramshorn, Gallatyn, Vail Trail Chalcts. Tivoli and Vail Trails East). This use has been in place since the early 1960's when thc property was originally platted. The applicant is not proposing to change the existing use, Staff believes the major subdivision will not negatively impact existing or potential sunounding uses, 7. Effects Upon the Aesthetics of the Town and Surrounding Land Uses Again, the use of the property is not changing. Thc only change resulting from the major subdivision is the ownership skucture. Instcad of Lot P-2 being owned in common by five entities, the entire lot will bs divided into separate ownership. Each newly created lot will be deeded back to the user ofhistoric record. The five parking lots have been kept in good repair and the landscaping has been well maintained. Staffdoes not believe the aesthetics of the area will be negatively impacted as a result of an approval of the proposed request for a major subdivision. According to the regulations goveming subdivisions in the Town of Vail, the staff. PEC and/or Council have the ability to require ceriain improvernents when approving major suMivisions. These improvements are listed on page 3, in section III of this memorandum. V. STAFF RECOMMENDATION The Community Development Department recommends approval of the final plat for a major subdivision of Lot P-2, Block 3, and a vacated portion of Hansen Ranch Road, Vail Village Fifttt Filing. Staff finds that the applicant's proposal meets the seven review criteria for a major subdivision as outlined in section lV of this mcmorandum, and that the applicants have meet the two conditions of approval placed on the prcliminary plan approval by the Planning and Environmental Commission on October 14.1996. FIEVERYONE\PEC\MEMOS\n2assoc.d09 JOHN W. OUr{N ARTHUR A, ABPLANALP, JR. ALLEN C. CHRISTENSEN DIAHE L. HERMAN R. C. STEPHENSON SPECIAL COUN9E!: JERRY W. HANN,AH TELEPHONE: (970) 476-0300 TELECOPIER: (970' 176-47e4 I(AREN M. OUNN cERtlf rgo lEoat asststaNt LAw OFFrcEs DuNru, AeeuRuALp & CxnrsrENSEN, P.C. Txe Vr.ru Batr Burr-orxc Su rre soo toe Sourx Faoxrece Roeo WEsr Vlrr-. Cotonaoo e resz have any questlons about this proposal or require any change in the proposed plat 12 November 1996 I.{r. George Ruther Town of VaiI Department of Communlty Development 75 South Frontage Road WestVaII CO 81657 Re: Resubdivision of Lot P-2 Dear George: You wlII find enclosed a proposed plat note which I have prepared based upon my conversation with you today. This proposal tracks your analysis on page 5 of the staff report, with th9 exception of the references to the agreement establlshlng the P-2 Assoclation and the consents related to the P-2 Assoclatlon. These documents add nothlng to the restrLctions, and the P-2 Assoclation will be dissolved with subdivision and conveyance of the Propertyto the current members of the Assoclatlon. Based upon thls understandlng, I hope that you wiII agree that these documents which add noihing to the restrictions and which wiII no longer be effective after platting should not be referred to on the plat. l{e w111 proceed to prepare the final plat based upon the assumption that thts proposal ts satisfactory. Thank you for working with us to schedule the final plat consideration for the PEC meeting of the 9th of December. If you of lf you contact me my analysls'note, please ery trul xc: P-2 Association Arthur A. Abp rP, J P-2 Plat Note The covenants governing Lot P-2 limit the uses to parklng of passenger vehlcles havlng a welght of less than 101000 pounds, landscaping and underground utillty lines and prohibit construction above ground except landscaping and retalning walls necessary for the support of parking. The covenants establish the obllgationa of the owners to malntaln and repatr paving' retaLnlng walls, lrrlgation, Iandscaping and similar matters and provide for enforcement, Iiabllity and easements' as more full set forth therein. In addition to the covenants recorded with this plat, the property ls also governed by protective covenants recorded ln the records of the Eag1e County Clerk and Recorder in Book 253 at Page 48. Any amendment to the provlslons of this final plat shall regulre the approval of the Town of ValI ln accordance with ordlnances then in effect. a-\Bep*t*tt- I MEMORANDTJM TO: Planning and Environmental Commission FROM: Community DevelopmentDepartnent DATE: October 14,1996 SLJBJECT: A request for a major subdivision of Lot P-2, Block 3, Vail Village Fiffh Filing, and a vacated portion of Hanson Ranch Road. The site is generally located east of Vail Valley Drive between Hanson Ranch Road and Gore Creek Drive. A complete legal description is available in the Community Development DePartnent. Applicant P-2 Association, represented by An Abplanalp Plannss: George Ruther/Dirk Mason I. BACKGROTJI\D On September 13, 1996, the P-2 Associatim, represented by Art Abplanalp, submitted an application for a major resubdivision tol:cltP-z, Block 3 and a portion of vacated Hanson Ranch Roa4 Vail Village Fifth Filing. LotP-2 is generally located east of Vail Valley Drive, between Gore Creek Drive and Hanson Ranch Road. Lot P-2 is bounded on the northeast side by Gore Creek Drive, the All Seasons Condominiums, and the Vail Trail East Chalets; on tbe south by the Ramshom lodge and the All Seasons Condominiums; and on the west by Vail Vatley Drive. Lot P-2 is cunently under multiple ownership and governed by the P-2 Association. The total lot area of Lot P-2 is approximately 0.5494 acresl23,93l.86 sq. ft. Lot P-2 was originally platted as part of the Vail Village First Filing SuMivision on Augrst 6' 1962. On November 12, 1965, an amended subdivision and a resubdivision of parts of Vail Village First Filing was recorded with the Eagle County Cterk and Recorder's Office. The Vail Village Fifth Filing Resubdivision included l-atP-2,Block 3 of the Vail Village First Filing. Pwsuant to the recordation at Book 2l5,Page 969, the northerly pontion of the Hanson Ranoh Road right-of-way east of Vail Valley Drive has been vacated. The P-2 Association is the sole owner of lot P-2. The P-2 Association was established as a Colorado Corporation to govem the use and maintenance of the area known as Lot P-2. The P-2 Association is comprised of a multiple ownership. The ownen include Vail Trails East Chalets, the Tivoli I-odge, the Gallatyn Lodge, the Ramshom lodge and the Vail Trails Chalets. F:\EVERYONEPEOMEMO$p2auoc.o 14 I T. DFSCRIPTION Of thE REOUEST * The p-2 Assoclation is requesting a meJor subdlvlsion approvrl In order to dlvlde LotP'2 into seperate percels, eech to be owned by thc entity which has historically occupied eech part of the peicel. The usc of the percels will remain a parking facility. The Associetion -tt"s p"oposil new Declaretions of Protective Covenants to govern the future use end meintenence of Lot P-2. According to the official Town of Vail 7-orrrgMap, Lot P-2 is designated Parking Zone Distict The purpose of the Parking District is to provide sites for private or public, unstnrctrned, off- street, vehicle parking and conditionally to provide for private or public, off-steet vehicle parking stnrctures and private or public parks and recreational facilities. Permitted uses within the parkiug District include private or public, unstuoturpd, off-street, vehicle parking facilities. According to the Town of Vail Municipal Code, the following conditional uses shall be perrnitted in the Parking District, subject to the issuance of a conditional use permit in accordance with Chapter 18.60: o private or public, off-sbeet parking stnrctures, o private or public parks and recreational facilities, o public uses, private office and commercial uses that are transpodation, tourists, or Town related that are accessory to a parking stucture, r major arcades,. temporary constnrction saging sites, and o Type III and Type IV employee housing units' IIL REVIEWPROCESS Title 17, SuMivision Regulations, of the Town of Vail Municipal Code establishes the review process and criteria for a major subdivision proposed in the Town of Vail. Pursuant to Chapter 17.16, Major Subdivision, of the municipal code, the fust step in the review process is for the applicant to meet with a Town Plenner to discuss the preliminary plan. Staffhas met with the applicant on several occasions to discuss the proposal and address submittal requirements. Staff feels the applicant has successfully complied with the initial step in the review prlocess. The next step in the review process shall be a formal consideration of the preliminary plan by the Town of Vail Planning and Environmental C.ommission. The applicmt shall make a presentation to the Planning and Environmeotal Commission at a regularly scheduled meeting. The presentation and public hearing shall be in accordance with Sections 18.66.060 through 18.66.090 of the Town of Vail Municipal Code. The applicant's appearance before the Plenning and Environmental Commission on October 14, 1996, shall senre to meet the public hearing and presentation requirement. F:\EVERYONEPEOMEM6\p2aIcoc.o l 4 The bunlen of proof that the application is in compliance with the intent and purposes of the ZmingCode and other patinent regulations shall lie upon the applicant' In reviewing the preliminary plaa fts planning md Environmental Cmrmission shall review the application and consider its appropriateness in regard to Town policies relating to: l. SuMivision C-onhol; 2. Densities proposed; 3. Regulations; 4. Ordinances, resolutions and other applicable documents; 5. EnvironmentallntegttY; 6. Compatibility with surrounding land uses; and 7. Effeots upon the aesthetics of the Town and sunounding land rses' The PEC shall have twenty-one days from the date of the review of the preliminary plan to approve, disapprove or approve with conditions or modifications, the major suMivision request. Within ten ofmaki the staff The appeal must be Placed @'s action. If the Cormcil appeals the PEC's action, the Council shall hear substantiany 1hg same presentation by the applicant as was heard at the PEC public hearing. The Council shall have thirty days to affirrn, reverse, or affirm with modifications the PEC decision. The appeal hearing shall be held during a regularly scheduled council meeitng. The final step in the review pKrcess of a major subdivision request, after PEC preliminary plan review, is thi review of the final plat. At any time within one year after the PEC has taken action on the preliminary plaO a final plat shall be submited to the Town of Vail Community Development Department. The staff shall schedule a final review of the final plat. The final reviewihall occur at a regularly scheduled PEC public hearing. The review criteria for a final plat are the sarne as those used in reviewing the preliminary plan as contained in Section 17.15.l l0 of te Subdivision Regulations. ffn" Town of Vail has the ability to require certain improvements when approving amajor I subdivision. The following impmvements shall be required by the applicant unless otherwise I waived bv the zoning administrator, PEC, or Cotmcil:ll-- Paved steets and parking lots; Bicycle and pedestianpath linked with tbe town system and within the zubdivision itself; Traffic confiol sips, signals or devices; Street ligbts; Landscaping; Water lines and fire hydrants; Sanitary sewerlines; Storrn drainage improvements and storm sewen; ( 6. 7. F:\EtTTIRYONRFEOMEIvIO$p2rrcoc.o l4 9, 10, I l. Bridges and culverts; Electic lines: Telephone lines; Natural gas lines; Other improve6ents not specifically mentioned above but found necessary by the Town Engineer due to tle nature of the subdivision' 12. 13. IV. Section 17.16.110 of the Town of Vail Mrmicipal Code prwides the criteria by which a proposed major su6ivision is to be reviewed. Staffhas reviewed the pro,posed preliminary plan for the major resuMivision of Lot P-2, Block 3, and a portion of vacated Hansen Ranch Road, Vail Village Fifth Filing and our analysis is listed below: l. Subdivision Control As the applicant is not proposing development on lhe newly created lots, staffdoes not feel this criteria is applicable. 2. Densities Proposed LotP-2 is currently zoned Parking District. The only permitted use in the parking district is private or public unstuctured off-steet vehicle parking. All other uses are conditional uses. The conditional uses permitted subject to the issuance of a conditional use permit are listed on page 2, in section II of this memorandun. The Parking Dishict does not permit the development of dwelling rmits with the exception of Types III and IV ernployee housing units. * The applicant has prepared protective covenants resticting the use of the newly cteated lots to palting only. Stafffeels the protective covenants and the existing zoning adequately restricts future development on the lots. Stafffurther finds that any future changes of use on any or all of the lots would require not only a change to the coverants, but the review and approval of the Town of Vail via a conditional use permit and/or a change in the zoning desipation on the property' 3. Regulations Staff reviewed the regulations prescribed by the Town of Vail Municipal Code for the Parking Zone District. According to Section 18.34.010 of the municipal code, the purpose of the Parking Dishict is intended to provide sites for private and public unstructured off-street vehicle parking and to ensure adequate lighl air, privacy and open space for each valid use in adjacent areas, Unlike most other zone districts, the Parking Distict does not prescribe a minimum lot size or a minimum street frontage requirement F:\BI/ERYONEPEC\MEMO$p2aIsoc.ol4 4. The lots being proposed are substandard for all other zone disticts requiring minimum lot sizes, thus tinifing the potential uses of the newly created lots to anything other than parking. Staffbelieves the proposed major subdivision complies with the applicable regulations. The applicant is proposing to iontinue the private off-sfreet parking use of Iot P-2' as it has historically been used, Ordinances- resolutions and other applicable documents In reviewing this proposal, staffrelied upon the Town of Vail Municipal Code, the restrictions recorded on the plat, and the Vail Land Use Plan. The issues relating to the municipal code have been addressed previously. The preliminary plan and proposed protective convenants restrict the future use of Lot P- 2. Therestrictions include limitations of the use of Lot P-2 to parking of passenger vehicles having a weight of less than 10,000 pounds, landscaping and underground utility lines; prohibition on constnrction above ground level except landscaping; retaining walls o"""tJuty for the support of parking; obligations of tle owners to maintain and repair paving, retaining walls, irrigation, landscaping, etc; and enforcement, liability and iasements. The future use of Lot P-2 is further restricted by the existing protective covenants recorded at Book 253,Page 48, by the agreement establishing the P-2 Association recorded at Book 386, Page 32, and the consent recorded at Book 392' Pages 248-250. To further insure that development on the property is restricted, in accordance with the protective covenants propose( staff is recommending that the applicant add the above described restrictions on the plats as plat notes. This in effect prevents the future use of LotP-2 to change without approval from the Town of Vail. Private proteotive c,ovenants can be altered without Town of Vail review and approval. Any amendment to a final plat would require the Town of Vail review and approval. The Vail Iand Use Plan and the Vail Village Master Plan contains goals which staff considen to be applicable to the major subdivision request. The applicable goals include: VAIL LAITID USE PLA]TI: 1. General Grcwth / Development t1 Vail should continue to grow in a conholled environment, maintaining a balance between residential, commercial and recreational ruies to serve both the visitor and the pennanent resident. ( F:\EVERYONBPEC\MEM6\p2rssoc.o l 4 L2 The quality of the environment including air, water and other oatrtat resources should be prorccted as the Town grows' L.l The quality ofdevelopment should be maintained andupgraded' wheneverPossible. lJ New suMivisions should not be permitted in high geologic hazad areas. VAIL VILLAGE MASTER PLAITI: Goal #3 To recognize es r top priority the cnhrncement of the wdldng erperlence throughout the Vlllege. 3.1 Objective: Physically improve the existing pedestian ways by landscaping and other improvernents. 3.4 Objestive: Develop additional sidewalks, pedestrian only walkways and accessible green space areas including pocket parks and stearn access. 3.4,2 Policy: Private developement projects shall be required to incorporate new sidewalks along steets adjacent to the projec! as designated in the Vail Village Master Plan and / or Recreation Trails Master Plan. According to the East Village Sub-Area Plan (#7), a key objective is to provide improvements in the sub-arlea related to pedestrian and bicycle safety. Sub.area plan componmt#7-3, Vail Valley Drive sidewalk. indicates that: " a sidewalk (separated from the road where possible) throug! the sub-area linking the Golden Peak Base facility with the Vail Transportation Center. Landscape improvements and pedestrian cross-walks to be included as required to meet demands of pedestrian haffic. Special anphasis is placed upon the goals and objectives 3.1 and 3.4." 5. Environmentallntegdty Staffbelieves the prroposed major zuMivision does not adversely affect the integrity of the environment. The applicant is not proposing to increase the arnount of impervious surface of the existing parking on Lot P-2. Staffbelieves this has a positive effect on water quality as it does not increase the surface run-offfrom the area. The applicant is also proposing to preserve and continue to maintain the landscaping existing on Lot P-2. Currently, numerous maturing Aspen and Spruce trees are growing on the property. The F:\EVBRYONEPEC\MEMO$p28IEoc.o l4 6. applicant h8s provided for futtre maintenance by means of protective covenants. Staff fiif tnis too tras a positive effect on the natural and built environment' Compatibility with Surrounding I ^nd Uses The existing use oflot P-2 is unstructured off-street vehicle parking forfive residential properties ii th" al'"o @amshorn, Gallatyn, Vail Trait Chalets, Tivoli and Vail Trails East). This use has been in place since the early 1960's when the property was originally platted' The ap,plicant is not proposing to change the existing use. staffbelieves the major suffiivision will not negatively rmpact existing or potential surrounding uses. 1 Again, the use of the property is not changng. The only change resulting from the major subdivisim is tne o*nerslip shrcture. Instead of LatP-2 being owned in common by five entities, the entire lot will Ul OviOeO into separate ownership. Each newly created lot will be deeded back to the user ofhistoric record. The five parking lots have been kept in good repair and the landscaping has been well maintained. Staffdoes not believe the aesthethics of the area will be negatively irnpacted as a result of an approval of the proposed request for a major subdivision. Accorrding to the regulations goveming subdivisions in the Town of Vail, the stafr PEC and/or Council have the ability to require c€rtain improvements when approving major suMivisions. These improvements are listed on page 3, in section III of this memorandum. Staffhas reviewed the list of possible improvements and waived all improvements except bicycle and pedeshian paths linked to the Town system. Upon review of the site, a portion of sidewalk along the east side of Vail Valley Drive adjacent to the Ramshom parking area is missing. The sidewalk was never sonstnrcted in this area since several large evergreens are growing in the rigbt of way. The sidewalk could be constnrcted if the x'ees wereiemoved. Staffmet with the applicant's representative regarding the Town's desire to constnrot the missing portion of sidewalk. The staff is requesting that the applicant dedicate an eight foot wide pedesfiian easement to the Town. The pedestian eas€rnent would allow the for the construction of the missing portion of sidewalk without requiring the large evergreen trees to be removed. Staffwould recommend the PEC discuss the issue of the pedestrian easement with the applicant prior to taking any action on the major zubdivision request. V. STAFFRECOMMEI\DATION thc Corrmunity Ihvelopment Departnent recolnmerds rpprovel of the preliminary plan fc a majc subdivision of Lot P-2, Block 3, and a vacated portion of Hansen Raooh Road Vsil ViUage finn fmng. Stafffinds that the applicant's proposal meets the seven review criteria for a major subdivision as outlined in section IV ofthis memorandum. F:\EVERYONAPECMEMO6\p2IIsoc.o | 4 shorldthe Planning and Environmental commission chooseto grant an approval of theproposed major su$ivisim, itaffwould reoommend that the approval oarry with it the following conditions: l. prior to scheduling a review of the final plat before the Planning and Environmental Commission, the i'pplicant shall amend the proposed major subdivision to include an eigfut- foot wide pedestian easement across a portion of proposed Lot 2 and existing Iot A' Block 3, Vail Village Fifth Filing. The locatim of the pedestrian easement shall be reviewed and approved by the Town Engineer' Z. That the applicant add the restrictions prescribed by the proposed protective oovenants as plat nof* to the final plat, to ensure that said restrictions can not be amended without Town notification and aPProval. FiEVERYONRPECII\,lBMOS\p2asoc.o l4 Sumrnary of Request For Resubdlvision Of Lot P-2, Block 3' vall village Fifth Filing Lot P-2 BI Vail vlllaqe Fifth Flling is ole of those sociates for e se of providinq parkinq for Vail Villaqe.The proPerty, which nor.t anson Ranch Road, is now owned by {of t!.ro a soclatlon, a non-flt association ilEed of the oltners acent con um associati.on. e property , srnce itsfor creation,n divid into five separate areas of use, one each member of the Association. The proposed r for se of Leqall ividin ropert manner estabfisning ownershiP g those soc ati,on has hlstorlcallv serv se other than to hol title to the property as a single ntitY. Bytheproposedsubdivlsion,eachcurrentAssociationmember would icqufre tihat portlon of Lot P-2 which it has hlstorically used. ThL parcel woirld be governed bv covenants wh-ich insure. that it will continue to be used for parkinq purposes anct a+s.o-egEaDlrsn iesponsi lion which has been establishedandmainta1neoontne@membersoftheAssoclatlon. The use of the plopLrty wtll remaln - pqTEiqgt consistent both operty and $tith the covenants orlglnally placed on lne property by Vail Associates.. The compattbillty of the property wit'h adjoining- properties. is estabttshea by the fait that it suppolts five adjoining propertles by providlng -parking facilities tbr the lodging and residences Iocated on those ProPertles. E2auD JOH N W. OU NN ARTHUR A. ABPLANALP, JR. ALLEN C. CHRISTENSEN OIANE L, HERMAN R, C. STEPH ENSON SPECIA! COUNSEL: JERRY W. HANNAH IELEPHONE: (970).+7€-0300 TELECOPIER: (97O) r+76-47€5 KAREN M. OUNN CER'IFIED LEGAI ASSISTANT LAw OFFlcEs DuruN, AeerRruRlp & CHnrsrerusrN, P.C. Txe Vl,rr- Blt x Burr-ottrc Surre soo roa SourH FnorncE Roao WEsr Verl, Coloaloo e resz 14 October 1995 Mr. George Ruther Town of Vall Department of Community Development 75 South Frontage Road WestVail CO 81657 Re: Resubdlvlsion of Lot P-2 Dear George: This letter wIlt follow up on our dlscussion regarding the proposed requlrement for dedicatlon of property permlttlng the creation of a sidewalk at the entry to Ramshorn parking lot, in associatlon with the approval of the above application. I was able to discuss this proposed reguirement with the president of the P-2 Associat,lon only thls morning. It ls the position of the P-2 Associatlon that there should be no requirenent for dedlcatlon of land for a gldewalk at thls location. The question of the requirement for that sidewalk was considered and, the P-2 Association thought, resolved at meetings of the vall Planning and Environmental conmission last Fall. In meetings in October and November, after considerable debate, the PEC considered the question of whether a sidewalk should be required on the east side of Vail VaIIey Drive at this location. It was the unanlmous oplnlon that a sidewalk should not be required at that location. Copies of the minutes of the meetings accompany thls letter. The parking area which would be lost under the Town's proposal is important both to the property owner and to the Town of VaiI, and that parking area should not be lost. f am uncertain whether this application would have even been filed with the Town of Vail had there been any doubt on this question' or any suggestion that such a requirement might be made. No change in use is occurrlng whlch should warrant the requirement for contribution of land for publlc improvements to mitigate an inpact, there belng no impact to mitlgate. There should be no requirement from P-2 Assoclatlon for a sldewalk, but, lf creation of a sidewalk is to be attempted, it shoutd be only through a street-side sidewalk next to the northerly trees (perhaps narrowing the sidewalk for a few feet), consistent with the nerdly constructed curb, and a sidewalk on the east slde of the trees on the island. Vlrtuatly aII of thls property is Town of VaiI property, with the exception of that on the east Eide of the island. That latter property is not P-2 Association property, but ls Ramshorn Condominlum Association property, and we cannot confirm that the AssocLation (an entity different than the applicant on this proceedlng) wlll agree to that dedication. Although the trees of concern appear to be all on Tolvn property, and thelr survlvaL ls really a matter of Town concern rather than that of the P-2 Association, the Association also believes that there should be no consideratlon of either routing unless there is some confirmation from an authority on the treee that the trees wlll survlve the activlty and change. I am encloslng coples of what we understand to be the routlng proposed by both the Town of Vail and the alternative, taking the sldewalk around the west side of the northerly pair of trees. Notvrithstanding thls difference in opinion regardlng dedicatlon of property for a sidewalk, the P-2 Assoclation believes that the application for resubdivision of Lot P-2' wlthout any change in use from that of parking, is entitled to approval from the PEC. We hope that you are in agreement on that point. Thank you for your continued cooperation and assistance in this matter. xc: P-2 Association tt t3\ ,{ 1 $foPrr ah8 \ \ ir' :' R = 20.00':ffi . L = 31.42' 1....: r\t i1 il \ \,i r\i1 / ai ;;' .(nul r' mi A = 102t R = 20.0c T = 24.7C L = J5.60 \,I \ \\ \r \ - 18,1.7 Rftn - B?,8 Itrv '. 7q.7 . R= I I,'r' I F. ai(:t -t.ti i . (rr(Jl. li (u"t"- 1., o," rr!flJ Vocoted R.O.w. "''##:)' 2g/rt 111.5t'7..\ t'!'if..i lt" _--_.(o __ 20.00' AursnMnrt' w t)l$6 \\ l.l' cmp. Inv - 0J.6 RANCH A= 102 R = 20.CI = 24.7 L = 35.6 ! JOHN W. DUIIN ARTHUR A. ABPLANAIPI JR' ALLEN C. CH RISTENSEN OIANE L, I{ERMAN R. C. STEPHENSON SPECIAI COUNSEL: J ERRY W, HANNAH TELEPHONE: (970) r+7€-0300 TELECOPIER: (')701 a76-1765 KAREN M. DUNN gERlt|ED tEOAt AgStStANt Law OFFrcEs Dururu, Aeerlnllp & CHnrsrexseN, P.C. THE VarL BaNr Bu rr-orre SurrE 3oo toa SourH FRoNTAGE RoAD WEsr Varu. Colonloo a resz 9 october 1995 UCl rr r i$g$ Mr. George Ruther Town of Vall Department of Community Development 75 South Frontage Road WestVail CO 81657 Re: Resubdivlsion of Lot P-2 covenantg TOV-COMIfi, frTy, 0ffT, Dear Georges Thls letter wiII follow up on my letter to you of last week, ln whtch I attempted to respond to your letter of the 2nd of October, and our conversation of this morning. (9t. r understand that your request lvaE for identlficatlon of ownershLp of the various parcels of the resubdivlded Lot P-2' and that you have obtalned that lnformatlon. Oq 2. You have been provlded a copy of the covenants associated wftn the proposal . However, your question regarding drainage prompted an examlnation of the existing situation. Based upon that examination, our client has requested that we provide you with an alternative set of covenants which provide, as Section 11, for drainage across hlstorlc routes, while permltting changes ln those routes upon satisfaction of stated conditions. I am Providing a revised set of covenants whlch has been marked to ldentlfy the provieions deallng with the perpetuation of the parkJ.ng use, the malntenance of the open areas, and the drainage easements. 3. No utlllties are proposed on any lot.@ @ we believe that our modification of the proposed responds to your concern related to surface drainage. @VS. wlth reference to the rlght-of-way lssue, $te understandthat it ls your suggestlon that a right-of-way be dedicated around,rather than through, the existing trees. Vte hope to get togetherwith you and wlth Greg HaII prior to Monday's meeting in order to dlscuss your suggestlon. Based upon the foregoing, we feel that the application is ready for conslderatLon by the PEC. We request that the appllcatlon be brought before the PEC at lts regular meetlng on the 14th of October. Thank you for your cooperatlon and assistance in thls matter. xc: P-2 Association FILE COPY 75 South Frontage Road Vail" Colorado 81657 970-479-2 I 3 8/479-2 I 39 FAX 970-479-2452 October I, 1996 Art Abplanalp Dunn, Abplanalp & Christensen, P.C. The Vail Bank Building Suite 300 108 South Frontage Road West Vail, Colorado 81657 Department of Community Developrnent RE: Resubdivision of l,ot P-2, Block 3, Vail Village lst Filing Dear Art: Tbe Town of Vail Community Development Deparfinent has completed an initial review of your application for a major resubdivision of Lot P-2, Block 3 and a portion of vacated Hanson Ranch Road, Vail Village I st Filing. Upon completion of our revicw of the preliminary plat thcre are several issues which must be addressed. Thepurposeofthisletteristoinformyouoftheissuesyoumustaddress. Eachoftheissues listed betow must be resolved prior to a public hearing before the Town of Vail Planning and Environmental Commission. The issues are: l.Please identiff the ownenhip of each particular lot. Please provide a copy of 0te nerv covenants for each newly created lot. Of particular impor0ance is the coutinued use of the lots as parking, and thc maintenance of the existing landscaping. Are any utilities proposed on the combined area of the lots? If so, please indicate the locations and the creation of utility easements. Pleasc provide surface drainage eas€ments across the combined area of the lots. Based upon the topogaphy of Lot P-2, surface run-off will be crossing lot lines. 2. J. 4. {7u*uoruo 5.TheTo*i3fvailisrequestingthatan8';widepedestrian:T..."otbeplattedalongthe;' ' . , ;;b; bounaury "r iJi i, r""".commodate a new sidewalk. The consfiuction of a new sidewalk *o.ila dirlra.e."" ..it i"g parking space. Staff is.confident howcver, that the one parking spa.e displacrd by the construct'lon of the new sidewalk, could bc replaced elsewhere onl-ot2. Again, each ofthe issues addresscd above must be resolved prior to a public hearing on the preliminary plat before the rt"ooiog uoa nnvironmental commission' currently, review is scbeduled for Monday, October l'1, 1995' Should you have any questions or concems with regards to the information addressed in this f.att, "l always, please do not hesitate in giling me a call' You can reach me most easily at 479-2145. Sincerely, Ceorgc Ruther Tovn Planner GR/jr o Du t,ttt, Mr. George Ruther Town of Vail Department of Community Development Vail CO HAND DELIVERED Re: Resubdivision of Lot P-2, Vail village First Filing Dear George: As you are aware, this Office represents P-2 Association, the entity whlch owns the above Propelty. As I discussed with you recently,P-2 Association and its each to be owned bv the entitv whic to divide the pro rtT storica rce 1s ,f ive member_s, each euseo iemain a parklnq.facil:ity. In_fact, both the To!,tn's z( ffinq the parcel prevent anv other use. Based upon our discusslons, P-2 Association is submitting, with this letter, its Application for Major Subdivision Review and associated material . We understand that some of the requirements which would ordinarily be required under this process are not requlred because, in part, of the fact that development of the property is not proposed. Those inapplicable items are noted. 1. List of all adjacent property owners, wlth nailing addresses and stamped envelopes. The list indicates both (a) the addresses (or lack of addresses) available from the recorded title documents and (b) the addresses which we have been able to obtain from County sources other than the recorded deeds, where addresses are misslng from those deeds or have been changed. 2, Written statement describing the ptecise nature of the request, lncluding the existlng situation and the proposed situation and how the proposal will make the existing subdivision compatible wlth other properties in the vicinity. 3. Slte plan showing the proposed development includingtraffic circulation, usable open sPace, and Iandscaped areas. Based upon the fact that no change in current usage is anticipated, and that no utilltLes are expected to be included or modified, utilities and drainage features are not included. Lrw Orrtces Aepr-aNaLP & CHRts o TENSEN,P. C. JOHN W. OUNN ARTHUR A. ABPLANALP, JR. ALLEN C. CHRISTEXSEN OIANE L. HERMAN F. C. STEPHENSON gFtctaL cou SEL: J ERFIY W. HANNAH THe VarL Bexx Butt-otxc SurrE 3oo roe Sourx FRoNTAGE Rono Wesr Varu, Colomoo a resz 13 september 1996 TELEPHONE: (970) 2176 -0300 TELECOPIER: (9701 476-47fJs KAREN l.l, OUNN cERTIFtEO LECAL ASSrgraftt the s 4. 5. Tltle report verlfying ovrnershlp and easements. Preliminary Plan - Submittal Requirements A. Tlrelve copies of a prellmlnary plan which' with the accompanylng site plan, illustrates each of the following, except those which are noted as being onitted for a stated reason: No environmental impact rePort will be required, due to the fact that the use of the property will not change. No topographlc survey will be required' due to the flci that the use of the property will not change, and the fact that the To$tn has recently obtained such a survey in association with other activities of the Town of Vall. A survey plat is supplled, although it ls not a topographlcal survey, due to the fact that the use o1 the property will not change, and the fact that the Town has recently obtained such a survey in assoclation with other actlvlties of the Town of vail. The survey plat has not been signed, pending any modifications required by the Town of VaIl, but indicates the following, unless noted othenvise: a. boundary lines; b. prellmtnary proposed lots (there will be no blocks); c. there will be no easementsi d. there will be no streetsi e. there will be no utilLties; f. contour lntervals are not provlded, as the Town of vail has that lnformatlon within its files; g. drainage will remain unchangedr ds a result of which drainage is not ldentlfledi 1. 2. 3. h. existing condltions on adjacent landi 1. exlsting zoning; J. there are no areas of forty percent slope or greateri k. no utility servlces are required' as a result of whlch no letters from utllity companies are being suPPlied; 1. evidence that access ls available by a maintalned Public road; m. no soll stablllty analysls Ls provlded, as the use of the ProPerty will not change. n. in order to facilitate the Town's review of thls ProPosal, the ProPoseddeclarations are being provided at this time. 5. Flnal Plat - Requlrements and Procedure. we understand that the following will Ue required at the time of final plat consideration, based upon the information now available: A. Elght copies of the flnal plat will be submitted, as required by the Vail Municipal Code. B. Such information as may be required under Section 5.8.15 of the Application for Major Subdivision Review, whlch ste understand will not require submitt,als of those ltems noted as not to be suppLied. a. For the reasons noted above, no reguirement for an envlronmental lmpact report is expected; b. No improvements requiring englneering plans and sfeclflcatlons are planned, and for that reason no such plans and speclfications are to be submitted; c. No activities requiring gradlng, landscaping or revegetatLon are expected, and for that reason no landscaping or revegetation plans are expected to be required; d. Conflrmatlon wlII be provided that the project ts not wlthln a high or moderate avalanche hazard area or flood Plain; e. The current tltle insurance wlll be provJ'ded; f. Copies of any required monument records will be provided; tl . No agreements with utlllty companles are expected. Any which are obtained will be provided. h. Protectlve covenants in a form appropriate for recordlng wlll be Provided. i. Every effort w111 be made to provide such other data, certificates, affldavlts or documents as may be required by the Town of Vail in the enforcement of appllcable regulations. Baeed upon th18 transmittal belng received by the Town of vall on or before the 16th of September, l|te understand that the hearing before the Planning and Envlronmental Commission wlll occur on the 14th of October. Please advise me if the Town of Vail's scheduling dlffers from our understandtng. Should you have any questlons regarding thls materlal, you may contact the undersigned. Enclogures i{,bpIanalp, o UND N, Law Orrtces AepLeNlLP & CHRrs o TEN sEN, P.C. JOHN W. OUNN ARTHUR A. ASPLANALPI JR' ALLEN C. CH RISTENSEN OIANE L. HERMAN R. C. STEPHENSON EPECIAL COUNSEL: J ERRY W. HANNAH Txe Varl BaNx Burt-otHc Su tre goo roe Sourx Fnorrace Roro Wesr Varl, Colonloo eresz 30 April 1996 'ELEPHONE:(970) 475-030(' TELECOPI ER: 19701 476 - 47 65 KAREN M. OUNN CEFIIFIEO LEOAL A55IS' N' (t-a,- - =lzzl1l, ow4%. Re: Resubdivision of Lot P-2, Vail Village First Filing you are aware,this Office represents P-2 Association, the above property.entity which owns the As I discussed with Andy Knudtsen recently, the P-2 Association, and its five members, wish to divide the property into separate parcels, each to be owned by the entity which has historically owned that to-be-created parcel. The parcel would not change from its historic parking use. In fact, both the Town's zoning and the covenants governing the parcel prevent any other use. Based upon our discussions, P-2 Association is submittingr with this letter, its Application for Major Subdivision Review and associated material. We understand that some of the requirements which would ordinarily be requj.red under this process are not required because, in part, of the fact that development of the property is not expected. Those inapplicable items are noted. 1. List of aIl adjacent property owners, with mailing addresses and stamped envelopes. 2. Written statement describing the precise nature of the request, including the existing situatlon and the proposed situation and how the proposat will make the existing subdivision compatible with other properties in the vicinity. 3. Site plan showing the proposed development including topography, traffic circulation, usable open space, landscaped areas, utilities, and drainage features. George: 4, Tttle report verifying ownership and easements Preliminary Plan - Submittal Requlrements A. Twelve copies of a preliminary plan, illustrating each of the following, where applicable, are being submitted: No environmental impact report will be required, due to the fact that the use of the property will not change. No topographic survey will be required, due to the fact that the use of the property will not change, and the fact that the Town has recently obtained such a survey in associationwith other activities of the Town of Vail. A survey is supplied, although it is not a topographicaL survey, due to the fact that the use of the property will not change, and the fact that the Town has recently obtained such a survev of the Town of vai1. fhe survey jotf{icates the following, unless noted: a. boundary linesi b. preliminarv propos€ 2. d. e. s. h. there wiII there will" there will be no utilities; contour intervals are not provided, as the Town of Vail has that infornation within its files; drainage will remain unchangedr ds a result of which drainaqe is not identi fied; existing conditions on adjacent land; existing zoning; there are no areas of forty percent slope or greaLer; be no easements; be no streets; no blocks ) ; k. no utility services is required, as aresult of which no letters from utility companies are being supplied; I. evidence that access is available by a maintained public road; m. no soil stability anatysisp( provided, as the use of the propgi$-yr wiII notchanse _&be- 6. Final Plat - Requirements and proceMJ. we understandthat the following will be required at the time of final plat consideration, based upon the information now available: A. Eight copies of Lhe final plat wiII be submitted, as required by the vail Municipal Code. B. Such information as may be required under Section6.8.16 of the Application for Major Subdivision Review, which we understand will not require submittals of those items noted as not to be supplied. a. For the reason noted above, no requirement for an environmental impact report is expected; b. No improvements requiring engineering plans and specifications are planned, and for that reason no such plans and specifications are to be submitted; c. No activities requiring grading, landscaping or revegetation are expected, and for that reason no landscaping or revegetation plans are expected to be required; d. Confirmation will be provided that the project is not within a high or moderate aval-anche hazard area or flood plain; e. Title insurance will be provided; f. Copies of any required monument records will be provided; S. No agreements with utillty companies are expected. Any which are obtained wiII beprovided. h. Protective covenants in a form appropriate for recording will be provided. t. Every effort will be made to provide suchother data, certificates, affidavits or documents as may be reguired by the Town ofVail in the enforcement of appllcabLe regulations. Should you have any questions regarding this material, you may contact the. undersigned. Very truly yours, ir :, ll ,i -(n ;$':N ,1, n> ll tl l_r: o90oci -{:o> lltl $ds xj :j' N"- r-r -{ t f \J a 7 tl ..1I r> lltl F9Olq;. r-{ Itl c,r tr: sJ i-.J(o olNO Routed To:$rog Hall, Public Works Terri Martinez, Public Works Mike McGee. Fire Retum To:George Ruther, Community Devclopment Date Routed:1lt8 Return By:A# ProiectName:?'Z- yVl*;oe 5.,b"1 ;,Ji<;oJ Project Address: Project Legal:Lor ?.7 . E;lol- 3 rlt+"I \lilltae GnA Project Description: 56 A4-T7+/J4a> Community Development Plan Routing Form Approved Denied (cite detailed reasons) Approved with conditions f :\everyone\domvoulform a z Approved enied (cite detailed reasons) Approved with conditions Community Development Plan Routing F'orm Routed To:Greg Hall, Public Works Terri Martinez, Public Works - RetumTo:George Ruther, Community Development Date Routed:ql|8 Return By:fugF ProjectName: Project Address: Project Legal:L.'r'P.L. fi\r;.-L1 \lal \liLlLh€ 6'FtA Description: $,ata ,l,htuha o.a rHrs rrEM uit tltfftlr8uR PRoPERTY NOTICE ls HEREBY GIVEN that the Planning and Envkonmentalcommissjon of the Town of Vait wi1 hotd a public near-ng ii?d.-Jtbi?iJi *ln Se.iiiii]i.ee'oeo o thelvlunicipal Cod.e of the Town or Vair on o.tou"r iili'sid, iii'60 p"r,i inint rown or vail Municipal Building. In consideration of: A request for an exterior addition to a master bedroom and bathroom and addino a 3rd floor' utitizins the 2so Oroinancellollitii ttg02tt pot"toi|iiiir-6ii,'arocxl ' Vail Po-talo Patch Applicants:Padraic Deighan and Birgit Toome Dominic Mauriello A reouest for an interior remodelto add a bedroom and a bahroo4 -o! qpPro.IiJnately 250 squafe- a;i:';tiffi; rft'd6 odiil;;: 6rJ;d .r r?id sunoursiDrive *er/aiiGolf course rownhomes Planner: Applicant: Planner: Planner: Anne & Peter Mounsey and Joan & Marcella Fox Lauren Walerton r A request for a maior suMivision of Lot P-2, located at Lot P-2, Vail Village lst Filing {Aooticant: P-2 Association, represented by Art Abplanalp fPidnner: George Ruther A request for a major sDD amendment to.allow for a modification to building 5 of sDD #5' iociiirO at 1230 Lidnsridge Loop/Savoy Villas, Phase ll and lll Applicant: Woodstone HomesPidnner: Dominic Mauriello A request for two 250's in order lo contruct a Type ll EHU, located at1225 Westhaven Lane/Lot 43, Glen Lyon Subdivision Applicant:Sentry Construction, represented by Pam Hopkins George Ruther llllllllll The applications and information about the proposals are available in the project planner's otfice ffirG-i"dl"; ottice t orts ioi puOiic lg,speciion, tocated at the Town of Vail Community Developnient Department, 75 South Frontage Road. S'rgn language interpretation available upon roqu€st wilh 24 hour notification. Please call 479'21 14 vo'rce or 479-2356 TDD for informatlon. Comrrunity Development Department Published'september 27, 1996 in the Vail Trail. Lot- P-1& AdJacent Property Owners Ovrner/Address Property Document Date Galatin The Margaret HiII Lot K, Block 5-a 20 December 89Marital Trust vall ViIIage Ftfth Fil. R- 02 January 90 Margaret Hunt HiII, Trustee 5000 Thanksgiving TowerDaIIas TX 75201 The Margaret HIII Changed 15 Aprt1 95Marital Trust Margaret Hunt HilI, Trustee 3400 Thanksgiving ToererDaIlas TX 75201 Ramshorn Ramshorn Condomlnium Association 416 vail VaIIey DrlveVail, CO 81657 ARH Holdlngs Pty Ltd. Condominum Unit c-l 21 December 93 10-5 Marine Parade RamsHorn Lodge Condo R- 04 January 94 The Entrance New South Wales Australia 2261 ARH Holdlngs Pty Ltd. 10-1 Lauderdale AvenueFairlight New South WalesAustralia 2094 Changed 26 April 95 TYM Internatlonal Ltd. Condomlnum Unit C-2&C-3 05 February 93 c/o Gulllermo de RamsHorn Lodge Condo R- velasco Insurgentes Sur 1999-1 Mexico 20 DR 01020 Mexico TYM International Ltd.c/o Guillermo de velasco Insurgentes Sur 1999-3 Mexlco 20 DR 01020 MEXICO Changed 31 March 93 o Singletree Propertieslnc.Condomlnum Unit C-4&C-5 25 April 90 9 Victoria Avenue RamsHorn Lodge Condo R- 1 May 90 Unley Park, Adelalde SA 5051Australla Singletree Propertles, Inc. Changed 15 April 95 c/o VaiI Bookkeeping andAccounting, Inc.P. O. Box 5940 Avon CO 81620 Kiyoshi Murata and Condominum Unit C-5 10 June 88 Chrlstle G. Murata RamsHorn Lodge Condo R- 17 June 88 24226 Choke Cherry Lane colden CO 80401 Kiyoshl Murata and Changed 15 Aprll 95 Christle G. Murata 459 Clayton Street Denver CO 80206 Norman G. Kurtz and Condomlnum Unit C-7 10 May 87 Helen MIIler Kurtz RamsHorn Lodge Condo R- 12 June 87 6 Eton Road ScarsdaLe NY 10583 Norman G. Kurtz and Condomlnum Unit C-8 10 June 93 Helen M. Kurtz RamsHorn Lodge Condo R- 14 June 93 6 Eton Road Scarsdale NY 10583 singletreePropertieslnc. Condominum Unit c-9&C-10 23 November 88 c,/o Touche Ross & Co. RamsHorn Lodge Condo R- 29 November 88 Attention: B1II Henderson c. P. O. Box 1240 Adelaide SA 5001Australia Singletree Properties, Inc. Changed 15 April 95c/o Vail Bookkeeping andAccountlng, Inc.P. O. Box 5940 Avon CO 81520 James B. Pordell QualifiedCondominum Unit CILr20r2L 2L September 94 Personal Resldence Trust RamsHorn Lodge Condo R- 14 October 94 No. 1 2307 York RoadBurllngton NC 272I5 William R. Ahders and Paula Ahders 321 North Lee Odessa TX 7976L Jesus A. Mlranda andCecllia B. de Mlranda Grupo Promirsa SA DE C. V. Monte Everest No. 535-8 Lomas De Chapulteca 11,000 Mexlco DF Condominum Unit C-12&C-13 01 June 88 RamsHorn Lodge Condo R- 05 June 88 Condominum Unit C-14&C-15 13 JuIy 90 RamsHorn Lodge Condo R- 26 JuIy 90 Mexico Odessa TX Niels Vt. Johnsen andMillicent M. Johnsen #1 whitehall Street20th Floor Nehr York NY 10004 Niels W. Johnsen andMiIlicent M. Johnsen 174 Rumson Road Rumson NJ 07750 Moses Lerner 9879 Santa lqonica BIvd. Beverly Hills CA 9O2L2 Joseph Edmonds Bafford 118 E. 72nd Street New York NY 10021 Joseph Edmonds Bafford 117 E. 72nd. Street Nevr York NY 10021 Condomlnun Unit C-16&C-17 RamsHorn Lodge Condo 25 June 85 R- 01 July 88 Changed 11 March 96 Condomlnum Unit C-18&C-19 RamsHorn Lodge Condo condomlnum Unlt c-22&C-23 RamsHorn Lodge Condo Changed 15 Aprll 1994 27 Aprll 88 R- 08 August 88 31 MarchR- 07 epril-88 O Vorlaufer Vorlaufer Condominlum Associationc/o Ms. Betty Penner 8082 Routt Street Arvada CO 80005 !{illiam L. Hanlon and Condominum Unit R-2 20 January 77 Marylyn E. Hanlon Vorlaufer Condomlnium R- 31 January 77 Hanlon Famtly Partnershlp 385 Gore Creek Drivevail co 81657 changed 12 JuIy 95 Vorlaufer Condomlnlum Condomlnum Unlt R-3 20 tiay 74Association, Inc. Vorlaufer Condominium R- 20 Jun 74 c/o c,/o Betty J. Penner 1700 Broadway - *23O2 Denver CO 80290 Changed 12 July 95 William L. Hanlon and Condominum Unit R-4 2 August 74 Marylyn E. Hanlon Vorlaufer Condominium R- 20 August 74 100 East Meadow DriveVaiI CO 81557 Changed 12 July 95 Hanlon Family Condominun Unit R-4 11 May 1992 Partnership Vorlaufer Condominium R- 12 May 1992 385 Gore Creek DriveVail CO 81657 Bruce A. Menk and Apartment Unit R-5 19 December 1985 Brian D. Menk Vorlaufer Condominium R- 24 December 1986 1655 Folsum Street Boulder CO 80302 Bruce A. Menk and Brian D. Menk 7209 South Hudson WayLittleton CO 80L22 Changed 12 July 95 Hanlon Famlly Condominium Unit 101 11 May 92 Partnership Vorlaufer Condominium R- 12 May 92 385 Gore Creek Dr.vail co 81657 Howard F. Powersc/o ValI Realty and Management 302 Hanson Ranch Rd.vail co 81658 Roselands, Inc. Roselands, fnc.c/o Mr. Kemp 202 North CedarLexington, IL 51753 Carol Kenwood6 South CourtMorristoffiE 07960 Carol Kenwood 5 South Hill Court Morristovrn NJ 07950 Arthur R. CarrollrJr and April CarrolL Arthur R. Carroll, Jr. and April Carroll 385 Gore Creek DriveVaiI, CO 81657 Willlam Straus Laurence Straug Michael Straus, asthe Trustees underthe Helen N. Straus Residence Trustc/o WeLtzzner, Levine Hamburg and Chill Attorneys 437 Madison Avenue New York NY 10022 Condominium Unit 102Vorlaufer Condominlum Condomlnium Unit 103Vorlaufer Condominlum Changed Condomlnium Unit 104Vorlaufer Condominium 19 April 92R- 22 Aprll 92 20 November 73 R- 18 DecenDer 73 15 April 95 13 December 93 R- 01 January 94 Changed Condominlum Unit 105 Vorlaufer Condominium 12 July 95 21 November 88 R- 28 November 88 Changed Apartment Unit 105Vorlaufer Condominlum 15 april 95 20 October 94 R- 05 December 94 Straus, William, Lalvrence, Mlchael 51 Crest Drive South Orange NY 07079 Changed 2 October 95 Constance Knight Condominium Unit 201 18 October 58Vorlaufer Condominium R- 13 February 59 Constance Knlght 385 Gore Creek DriveVail, CO 81657 Changed 15 April 95 Bruce L. Evans Condominium Unit 202 05 October 81 1560 Llncoln Street Vorlaufer Condominium R- 25 October 81 Denver CO 80264 31 May 94 R- 22 June 94 Bruce L. Evans 5365 West Princeton Drive Changed ? Denver CO 80235 Roger A. Parker Condominium Unit 202 18 May 90susanEvansParkerVor1auferCondominiumR--81 201 Ash Street 31 May 94 Denver CO 80220 R- 22 June 94 Roger A. Parker Susan Evans Parker 5365 West Princeton Drive Changed 15 April 95 Denver CO 80235 Susan R. Evans CondomLnium Unlt 202 372 South Ogden Vorlaufer Condominium Denver, CO 80209 Robert C. Galvln Condomlnlum Unit 203 02 June 89 Rollings Oaks Farm Vorlaufer Condominium R- 05 June 89Rr. 68Barrington IL 60010 Mary Lou H. Flater Condominium Unit 204 14 June 68vorlaufer Condominium R- 20 June 58 Mary Lou H. Flater 5151 Lakeshore DrlveLittleton CO 80123 Changed 15 April 95 Arthur R. Carroll,Jr Condominium Unit 205 05 Aprit 87 and April Carroll Vorlaufer Condominium R- 6 281 Brldge StreetVaII CO Arthur R. Carroll, Jr. Changed 15 April 95 and April Carroll 385 Gore Creek DriveVaiI, CO 81657 Cecllla Schocket Condominlum Unit 205 19 October 93 9105 Franklin Square Vorlaufer Condominium R- 22 October 93Drive - *313Baltimore MD 2L237 Cecllla Schocket Changed 12 July 95 3509 Anton Farms RoadBaltimore, MD 2L2O8 Alfred L. Ir{ccray Condomlnlum Unlt 301 31 May 73 Trustee Vorlaufer Condominlum R- 28 June 73 c,/o Sam McCray Alfred L. McCrayTrustee Changed 12 July 95 c,/o Sam McCray 390 Clayton BIdg., 4130 Linden Avenue Dayton, OH 45432 The Stalder Family Condominiurn Unit 302 27 December 95 Limited Partnership Vorlaufer Condominium R- 29 December 95 2800 S. UniversityBIvd. - #81 Denver CO 80210 The stalder Famlly Changed 9 January 96 Limied Partnership 2800 S. UnlversityBIvd. - # 81 Denver, CO 80210 Virginia N. SelfVorlaufer Condomlnlum Condominlum Unlt 303Unit 303 Vorlaufer Condominium 385 Gore Creek DriveVail, CO 81557 Robert C. Galvln Condominium Unit 304 12 August 92 and Mary Galvin Vorlaufer Condominium R- 21 August 92Rolling Oaks FarmsRt.68 Barrington IL 50010 Robert W. Galvin Changed 12 July 95 and Mary GalvinRolling Oaks FArmsRt.58 Barrington IL 50010 Nancy Anne Smith Condominium Unit 305 06 February 95 as Trustee or any Vorlaufer Condominium R- 18 December 73 successor trusteeof the Nancy Anne Smith Chandler Revocable Trust U/A 9-L2-94 4514 Cole Avenue Suite 807 Dallas TX 75205 Nancy Anne Smith Changed 12 July 1995 as Trustee or any successor trustee of the Nancy Anne Smith Chandler Revocable Trust U/A 9-L2-94 4514 CoIe Avenue Sulte 807 Dallas TX 75205 Edward B. I{asson Condominlum Unit 306 June 68 vorlaufer Condominlum n: OZ June 68 Edward B. Wasson 440 Monroe Street Denver CO 80206 ValI Trails Chalet Association VaiI Tralls Chalets Associat,ionc/o Mr. AIan Kosloff, President 1055 w. 55th Street Kansas City MO 64113-1113 Changed 12 Juty 95 J. D. Zimmerman Apartment Unit 1 1 August 70 Vail Trails Chalet R- 19 JuIy 73 J. D. Zlnmerman Changed 5 June 95 3709 Dartmouth AvenueDallas, TX 75205 Mark Todd Slnmons Apartment Unit 2 1 October 93 Sarah L. Slmmons VaiI Trails Chalet R- I October 93 410 West Central Siloam Springs AR 7276L Mark Todd Simmons Changed 15 Aprll 95 Sarah L. Slnmons 410 west Central Siloam Springs AR 7276L Walter Patrlck Gramm Apartment Unlt 3A 22 April 93 695 Prospect Street vatl Trails Chalet R- 28 April 93 wlnnetka IL 60093 tlalter Patrick cramn Changed 15 April 95 695 Prospect Street Wlnnetka IL 50093 Vonendee Propeties, Inc. Apartnent Unit 38 01 May 96 4823 North 75th tfay Vail Trails Chalet R- 03 June 96 scottsdale Az 85251 Stanley M. Rumbaugh Apartment Unit 4 11 December 53VaiI Trails chalet R- 17 Decetnber 53 Stanley M. Rumbough, Jr.c/o Meyer Handleman Co.P.O. Box 817 Changed 18 March 96 Purchase, NY 10577-0817 Barbara J. Fey Apartment Unit 5A 7 June 74. Vail Tralls Chalet R- 13 June 73 Barbara J. Fey 4200 East Belleview AvenueLittleton CO 80121 Changed 15 April 95 M. Indreika Biskls Apartment Unit 58 I June 75 Vail Trails chalet R- 24 June 75 M. fndreika Biskis Changed 15 April 95 5705 Janes Doerers crove IL 60515 Nedenia H. Robertson Apartment Unit 5 24 September 87 870 Unlted NatlonalPlaza Vail Trails Chalet R- 14 October 87 New York NY Nedenia H. Robertson Changed 18 March 96c/o Meyer Handelman Co.P.O. Box 817 Purchase NY 10577-0817 Jeffrey S. Shiffrin Apartment Unit 7A 17 November 95 3130 vail Tralls Chalet R- 28 lsovember 95varr dd--ET6F- Jeffrey S. Shlffrin Changed 6 December 95 3130 Booth Falls Ct.VaiI CO 81557 Gllbert Balkln Apartment Unit 78 16 August 71 Jeanne E. Balkin Vail Tralls Chalet R- 2 Septernber 71 cilbert Balkln Changed 15 Aprll 95 Jeanne E. Balkin 45 S. Elm Street Denver co 80222 Walter Patrick cramm Apartment Unit 8 22 Aprll 93 595 Prospect Street Vail Trails Chalet R- 28 April 93 Wlnnetka IL 60093 walter Patrlck Grarun Changed 15 Aprll 95 695 Prospect Street Winnetka IL 60093 cllbert Balkln Apartment Unit 9 21 December 58 Jeanne E. Balkln Vail Tralls Chalet R- 23 December 68 10 Gilbert Balkln Changed 15 aprll 95 Jeanne E. BaLkin 45 S. Elm Street Denver CO 80222 Davld F. MacNlel and Apartment Unlt 10 29 February 96 Brenda G. MacNieI Vail Trails Chalet R- 08 March 96 215 East First StreetHinsdale IL 6052L Alan W. Kosloff Apartment Unit 11 28 Aprit 89 Judy R. Kosloff Vail Trails Chalet R- 2 May 89 5050 Sunset Drive Kansas City MO 64LL2 AIan W. Kosloff Changed 15 ApriJ- 95 Judy R. Kosloff 1056 W. 56th Street Kansas Clty, MO 54113-1113 Lygmar Investments, Inc. Apartment Unit 12 19 May 92 Poba Internatlonal 010 Vail Trails Chalet R-P. O. Box 52-1308 Miami FL 33152-1308 MOYB Co. Apartment Unit 13 5 February 89 4582 South Ulster Street Vall Trails Chalet R- 10 February 89 Suite 700 Denver CO 80237 MOYB Co. P.O. Box 2965vail co 81658 Changed 30 October 95 David H. Reynolds Apartment Unit 14 23 August 95 2120 oak Hllts Drive vail Trails Chalet R- 19 July 73 Colorado Springs CO 80919 Richard H. Bohr Apartment Unit 15 31 December 63vail Traits Chalet R- 20 JanuarY 54 Richard H. Bohr 5025 Deep !{ood Drive Moreland Hllls, OH 44022 Changed 15 April 1995 11 MPL Trust Reg.Apartment Unlt 16 10 March 94 AM Schragen Weg 2 VaiI Trails Chalet R- 16 March 1994 FL 9490 Vaduz Liechtenstein MPL Trust Reg.c/o Mr. Edmund Frick KREUZSTRASSE 10 FL-9495 Balzers VaiI Trails East Changed 22 blay 95 Vall Tratls East Condomlnium Associatlon 885 South Colorado Boulevard Denver, CO 80222 Interflrst Bank DaIIasNA unit 1A 15 August 83as Independent Executor vail Trails East R- 22 August 83 of the Last WiII of Joanne Vandenberge HiLt Post Office Box 83792Dallas TX 75283 Robert Leon Oliver Changed 15 April 1995 P.O. Box 2302 Vail- Co 81658 Edward L. Kern, Jr. Unit 1B 3 October 71 Vivian A. Kern Vail Trails East R- I October 71 vivian A. Karn Changed 15 April 95 6349 N.78th, Unit 127 Scottsdale, AZ 85250 Marjorie S. Roosevelt Unit 2 15 June 90 39 Sunset Drlve VaII Trails East R- 27 June 90 Cherry Hills CO MarJorle S. Roosevelt Changed 15 April 95 39 Sunset Drlve Englewood CO 80110 Robert Leon Oliver Unit 3A 24 March 89 Post Offtce Box 2302 VaiI Tralls East R- 19 July 73 Vail CO 81658 T2 Doris A. Balley Unit 38 15 September 83 Apartment 38 VaiI Trails East R-27 Septernber 83 433 East Gore Creek DrlveVail CO 81657 Doris A. Bailey Changed 2 May 95 Apartment 3B 433 East core Creek Drlve 38vail co 81657 nffi5il6s8sc/o Pendleton & Sabian VaiI Tralls East 303 E. 17th Avenue - #300 Denver CO 80203 Transval Holdings, S.A. Changed 15 Aprll 95 c./o Crossroads Realty P.O. Box 1292Vall Co 81558 Unit 5AValI Tralls East R- Mobile Home Livings, Inc. Changed 15 April 95 2320 E. MacArthurWichlta KS 67216 Peter R. BuIkIey Unit 58 1 August 70 2515 Crestmont Placewest vail Tralls East R- 19 July 73 Seattle WA 98199 Peter R. Bulkley changed 12 JuIy 95 3530 26th Place w302c Seattle wA 98199-2L32 Robin A. Vandermolen Unit 5 22 February 90 as Trustee of The Vail Tralls East R- 23 April 90 Vandermolen Family Trust dated July 12, L979 Post Office Box 2045 Glendale CA 9L209 Norma Isabel Fray Unit 7A 25 August 94 as Trustee of the Vail Trails East R- 11 October 94 Norma fsabel Fray Trust under Agreement dated February 8, 1994 433 Gore Creek DriveVaiI CO 87168 13 Norma Isabel Fray Changed 15 April 95as Trustee of the Norma Isabel Fray Trust under Agreement dated February 8, 1994 433 Gore Creek DriveVail CO 81657 Margretta B. Parks Unit 78 1 June 89 One Cantitac Ln. VaiI Trails East R- 5 June 89 Englewood CO 80110 G. Mltchell Whiteford Unit 78 30 JuIy 93 1221 Greenwich Street Vail Trails East R- 17 August 93 Apartment #5 San Francisco CA 94109 Charles H. Cowperthwaite Unit I 16 November 95 Barbara Covrperth$raite Vail Trails East R- 20 Novenber 95 c./o Charles H. Cowperth$raite 4022 South Olive Street Denver CO 80237 Nancy Burgermeister Unit 9A 29 September 94 Mlchael Burgermeister VaiI Trails East R-30 September 94 433 East core Creek DrLve - #9Avall co 81557 Nancy Burgermeister Changed 26 February 96 Michael Burermeister 26L6L Scenic Road Carmel CA 93923 Ellzabeth Eber Unlt 98 21 February 91P. O. Box 18765 vail Tralls East R- 28 February 91 Denver CO 80218 Ellzabeth A. Eber Changed 15 April 95 433 Gore Creek DrlveVail CO 81657 John Robert Fovrler, Jf,. Unit 10A 1 December 83 7575 East Arkansas vail Tralls East R- 14 December 83 #14 - 101 Denver CO 80231 L4 J. R. Fowler, Jr., et.al .c/o Fowler Corporation 857 S. Ogden Street Denver CO 80209-4423 Anthony PaIIen Fowler 1065 Gaylord D Denver CO 80206 Mary Dalton I'owler 571 Roxbury Road Stamford CN 06902 Nicholas Noyes Fowler 345 crape street Denver CO 80220 Joseph Thomas Fowler 345 Grape Street Denver CO 80220 Hanry Drury Fowler 345 crape street Denver co 80220 Sarah Benolst Fowler 840 17th Street Boulder CO 80302 Rlchard D. Rlnehart Unlt 909 Carillon To$rer West vail 13601 Preston Road Richard D. Rlnehart 9925 Hathaway Dallas TX 75220 Marshall R. Diggs, Jr. Unit Anne B. Diggs Vall 3981 South Dexter Street Denver CO Marshall R. Diggs, Jr. Anne B. Diggs 3981 South Dexter Street Englerrrood CO 80110 Changed 4 May 95 11ATrails East Changed 15 Aprll 95 November 81 F= 11 Pecember 81 18 January 78 R- 19 July 73 118Trails East Changed t2 July 95 15 Foster Famlly Llmlted Unlt 12 21 October 94 Partnership 60 South Clermont St. Denver CO 80222 Vail Trails East R- 21 February 95 Willian K. Simonton and Unit 13A 10 October 86 Marguerite c. Simonton VaiI Trails East R- 22 October 86 1101 Barton Circle Wilmlngton DL 19807 William K. Slmonton and Changed 15 April 95 Marquerite G. SimontonP.O. Box 3959 Wilmington DE 19807 M. B. Parks Unit 138 19 November 93 P. O. Box 1440 Vail Trails East R- 8 December 93 Eagle CO 81631 charles A. chldsey unit 14 _ August 66 Vail Trails East R-_ SePtember 56 George M. Repetti changed 15 Aprll 95 Ann D. Repettl 1001 VaiI Valley DriveVaiI CO 81657 Ute Anllle Flnn Unit 15 6 August 85 Cervantes Saavedra #157 Vail Trails East R-1.0 September 85 9 PIso 11520 Mexico D.F. Mexico Ute Amllie Flnn Changed 30 October 95 Sofocles 140 Mexico D.F. Mexlco 11510 Albrecht Famlly Unit 16A 31 December 93 Partnership, Ltd. Vail Trails East R- 3 January 94 9 Huntwick Lane Englewood CO 80110 M. B. Parks Unit 158 15 November 93P. O. Box 365 Vail Trails East R- 18 November 93 Vail CO 81658 16 Albrecht Fanily Unit 16A 31 Decenber 93Partnership, Ltd. Vail Trails East R- 3 January 94 9 Huntwick Lane Englewood CO 80110 A11 Seasons All Seasons Condomlnlum Assoclatlon 434 Gore Creek DriveVail, CO 81657 Patrlcia A. Mlrlpol Apartment Unlt Al-b 6 December 74 Linda J. Pfeffer AII Seasons R- 23 December 74 Theodore J. Pfeffer, Jr. Patrlcla A. Mlrlpol Changed 15 April 95 Llnda J. Pfeffer Theodore J. Pfeffer, Jr.7 Brlar HiII Champalgn, IL 6L82L E. A. Moos & Co. Apartment Unit A-28 27 June 91 350 Springfield Ave All Seasons R- ? Sunmit NJ 07901 E.A. Moos & Co. Changed 15 Aprll 95 47 Maple Street Summlt NJ 07901 Mary Ann S. Hamilton Apartment Unit A-1 22 June 95 Trustee of the All Seasons R- 26 June 95 Mary Ann Stevens Hamilton Trust dated March 7, 1953, and any successor Trustee 6570 Lima Street Englewood CO 80112 Theodore J. Pfeffer and Apartment Unit A2 20 August 91 Theodore J. PfefferrJr. All Seasons R- l5 Septembergl Co-Trustees of the Revocable Trust Agreement of Theodore J. Pfeffer dated July 29, L99L, forthe benefit of Theodore J.Pfeffer, IN TRUST L7 Theodore J. Pfeffer and Changed 15 April 95 Theodore J. PfefferrJr. Co-Trugtees of the Revocable Trust Agreementof Theodore J. Pfeffer dated July 29, 1991, f.orthe benefit of Theodore J.Pfeffer, IN TRUST7 Briar Hill Champaign IL 61821 Mary Ann S. Hamilton Apartment Unit A-3 22 June 95 Trustee of the AII Seasons R- 26 June 95 Mary Ann Stevens Hamilton Trust dated March 7, 1963, and any successor Trugtee 6570 Lima Street EngLewood CO 80112 Leslle C. carcla Apartment Unlt B-1B 25 April 89 5 Saxon Drlve AlI Seasons R- 26 April 89 Poughkeepsie NY 12503 Davld J. Schnegelberger Apartment Unit B-28 20 Novenber 89 434 Gore Creek Drive All Seasons R- 21 November 89 ValI CO 81557 John F. MaIo Apartment Unit B-1 7 December 72 All Seasons R- 14 December 72 John F. Malo Changed 15 April 957 Polo Field Ln Denver, CO 80209 Elizabeth MaLo Herter 8 December 92 15 Cole street R- 28 Decenber 92 Elwood, Victoria 20 December 93Australia 3184 R- 29 Decenber 93 Kathleen Malo 8 December 92 835 Augusa Drive R- 28 December 92 Moraga CA 94556 20 December 93 R- 29 December 93 Kathleen U. Malo Trusteeof the Kathleen M. AII Seasons Condominium Mallow Trust Unit B-1 835 Augusta Drlve Morago CA 94556 18 Edward WlIIlam Perrot,tMpartment Unit c-28 14 December 95 434 Gore Creek Drive A11 Seasons R- 4 January 96 #G-28 VaiL CO 81557 David J. Schnegelberger Changed 19 January 96 434 Gore Creek Drive # G-28ValI CO 81557 John R. Kaemmer Apartment Unit B-2 _ August 75Julia D. Kaemmer All Seasons R- 13 August 75 John R. Kaemmer Changed 15 April 95Julia D. Kaenmer 434 Gore Creek DriveVall CO 81657 Cassandra E. Busby, Apartment Unit B-3 I June 92 Trustee, or her AII Seasons R- 5 Novembet 92 successors in trust under the Busby Family Llving Trust 16910 lilW Joscelyn St. Beaverton OR 97005 Cassandra E. Busby, Changed 15 April 95 Trustee, or her successors in trust under the Busby Family Living Trust 14020 NVf Harvest Ln.Portland OR 97229-3646 Thomas J. Decoene Apartment Unit B-4 7 September 93 Adelia M. Decoene All Seasons R- Masters Nishlhara #101 44-26 Nlshlhara 3-Chome Shibuya-Ky Tokyo, 151 Japan Thomas J. Decoene Ade1ta M. Decoene 213 Riverside Drive Rlverslde CT 05878 Changed 15 April 95 19 Tlmothy E. Wyman and Apartment Unit B-5 24 Decembet 92Karin W. Morgan AII Seasons R- as Trustees underTrust Agreement dated December 24, 1992 entitledIlsabe Wyman Grantor Trust 31 South Harrison Street Easton, Maryland Tinothy E. Wyman and Changed 15 April 95 Karln W. Morgan as Trustees under Trust Agreement dated December 24, 1992 entltledIlsabe Wyman Grantor Trust 31 South Harrison StreetEaston, Maryland 2L6OL Frederick Wyman II as Apartment Unit B-5 4 November 93 Trustee under The Vall All Seasons R- 13 December 93Trust, dated January 4, 1993 80 whippoorwlll Road Armonk NY 10504 frederick Vlyman II as Change 15 April 95 Trustee under The VallTrust, dated January 4, 1993 93 l0hippoorwill Road Armonk l{Y 10504-1108 Ernle Stautner and Apartment Unit C-1B&C-28 _ March 93Jlll Stautner All Seasons R- 12 March 93 434 Gore Creek DriveVall, CO 81637 Ernle Stautner and Changed 18 JuIy 95JilI Stautner 434 Gore Creek DriveVail, CO 81557 Ellzabeth A. Shannon Apartment Unit C-l 7 May 93 3098 S. Pennsylvania ALl Seasons R- 13 May 93 Englewood CO 80110 20 Stuart M. Schulman and Apartment Unit C-2 29 January 93 Sarah U. Schulman All Seasons R- 3 February 93 1033 Marble Way Boca Raton FL 33432 Pettee Industries, Inc. Apartment Unit D-lb 2L ApriL 77 Box 2637 AII Seasonsvail co Pettee Industries, fnc. Changed R- 25 Aprtl 77 Box 2637Vail CO 81558 G. Anthony Brosrn Apartment Unit D-2b 27 September 95 Revocable Trust All Seasons 2395 Bald Mountain Road R- 4 October 95 Vall CO 81557 G. Anthony Bryan Changed Revocable Trust 2395 BaId Mountain RoadVail CO 81557 Alice K. Jump Apartment Unit D-l 15 October 85 434 Gore Creek Drive AII Seasons R- 16 October 86Vail CO 81557 Alice K. Jump Changed 2 May 95 and MarJorle B. Jump 434 Gore Creek DriveVail CO 81557 Byron T. Edwards and Apartment Unit D-2 _ January 89 Francolse N. Edwards AII Seasons R- 17 February 89 349 Woodglen Road Glen Gardner NJ 08826 Byron T. Edwards and Chganged 15 April 95 Francoise N. Edwards 570 Woodglen Rd. GIen Gardner NJ 08826 Henry L. Bray and Apartment Unit, D-3 29 October 90Virglnla G. Brey All Seasons R- 6 November 90 214 South Holman Waycolden CO 80401 2L Henry L. Brey andVirginia G. Breyc/o Roger E'ertlg P.O. Box 2514 Evergreen CO 80437 Changed 5 October 95 A. M. Sellke & Co. Apartment Unit D-4 13 Decenber 84 Cyrus G. AIIen, Jr. Apartment Unit D-5 26 November 84 5220 Southwood Drive A11 SeasonsLitt,leton co 80121 Cyrus G. Allen III A1l SeasonsP. O. Box 2205VaiI CO 81658 Cyrus G. A1len, Jr. Cyrus G. Allen IIIP. O. Box 242ValI CO 81658 R- 23 January 85 R- 7 December 84 Changed 15 April 95 Cyrus G. Allen, Jr. and Apartment Unit D-5 24 Nlarch 92 Lucl1le L. Allen All Seasons 2800 S. Unlversity Blvd. #L29 Denver CO 80210 Cyrus G. Allen, Jr. and LuciIIe L. Allen 2552 E. Alameda Avenue 79 Denver CO 80209 R- 9 April 92 Changed 25 April 95 AII Seasons CondominLum Apartment Unit E-lB, L7 August 73 Association E-28 and G-48 434 Gore Creek Drive AIl Seasons R- 6 December 94Vall CO 81557 Dan Kubey Apartment Unit E-1 25 July 75 All Seasons R- 7 August 75 Changed 15 April 95Dan Kubbyc/o Estate of Dan Kubbyc/o Jack Shaffer, Personal Representative 10200 E. Glrard, BIdg. B, *20 Denver CO 80231 Suzanne E. Gartner Apartment Unit E-2 10 November 93 4850 Woodland Drive AII Seasonssandpoint Idaho 83864 22 R- 15 November 93 Suzanne E. Gartner Changed 15 April 95 P.O. Box 18166 Avon CO 81620 Lucllle Burnside Apartment Unit F-l 31 May 90 Robinson, Trustee All Seasons R- 7 June 90 8101 E. Dartmouth #80 Denver CO 80231 Lucllle Burneide Changed 15 Aprll 95 Robinson, Trustee 300 Gilpln Street Denver CO 80218 J. B. Beckett Apartment Unit F-2b 15 August 67 204 Eastmoor Drive All seasons R-28 september 57 Marshall TX Robert I. Llpp Apartment Unit f-2 & F-3 28 August 95 Quallfled PersonaL All Seasons R- 31 August 95 Residence Trust 38 Park Road Scarsdale NY 10583 Lorance L. Greenlee and Apartment Unit c-18 18 March 83 Barbara Greenlee AIl Seasons R- 31 March 83 1032 Hawthorne Boulder CO 80302 Lorance L. Greenlee and Changed 18 July 95 Barbara Greenlee 325 S. 58th Street Boulder CO 80303 Ernle Stautner Apartment, Unit c-3b 30 August 91 2581 Larkspur Lane All Seasons R- 4 September 91VaiI CO 81657 Ernie Stautner Changed 18 July 95 434 Gore Creek Drivevail CO 81557 The Joseph T. Kendrlck Apartment Unit G-l 16 March 95 Family Living Trust All Seasons R- 3 April 95P. O. Box 3411 23 The Joseph T. Kendrick Changed 15 April 95Fanily Llvlng Trust P.O. Box 3411ValI CO 81658 WiIIiam A. Pollard and Apartment Unit c-2 26 July 85 Jeannette PoIIard AII Seasons R- 5 August 85 577 Tlmberlane Devon PA 19333 William A. PoIIard and Changed 15 April 95 Jeannette PoIlard 25 Maln Street Essex CT 06426 B & B Investments Apartment \Unlt G-3 3 February 92 129th and 80th Avenue All Seasods R- 10 April 92 Palos Park IL 60464 Douglas M. West Changed 14 March 95 100 Sands Polnt Rd.,unir 324 Longboat Key, FL 34228-3907 Jandic Investments Apartment Unit c-4 31 October 95 Julian R. Hansen and AII Seasons R- 5 November 95 Barbara P. Hansen, partners 497 White Oak Lane Lake Barrington IL 60010 Tivoli Lodqe: Robert T. Lazier and Lot e, Block 2 12 November 58 Diane J. Lazier VaiI ViIIage Fifth FllingR- 15 November 68 Robert T. Lazier and Changed 15 April 95 Diane J. Lazier P.O. Box 627vail co 81558 24 o TOWN OF VAIL fARTi\lEiYT OF CO:II lll Un-ITY DE\ELO'l!lEl\-T I)ATE IL }R(}IECT CIIECKS MADE PAYABLE TO TOWN OFVAIL * :|la sr l9* n uF{IEtrsstip 5 49 x !5J 0 0000 41540 ZONING AND N DDRESS MAPS $5.00 0000 424 | 5 U NI I.;ORM I] UI LD I N.IETODI- --s54.00 0 ooo0 42415 UNIFORMPLUMI]M st9.o0 0 oooo 424t5 UNIFORM MECI{ANIEAL CODI]$3 7.00 0 oo00 4241 5 UNII.ORM FIRI] CODE s36.00 uJu, 424 l5 NATIONAL ELECTRIEAITODE s37.00 0 oo00 424 r5 O rI II:R CODI: IIOOKS 0 0000 4l 5jl8 BLV! PRINTS (MYLARS 5 /.00 0 oo00 42412 XEROX COPllrS s0.25 0 oo00 42412 STUDILS 0 aoo0 42412 TOVFEES COMPUTER PROCRAM $).(r0tg0000 42i7t PL,NALTY FEES i RE.INSPECTIONS 0 0000 4t332 PLAN REVIDW RE.CHIJCRTI'E_IS4dPERTIRf-- 0 0000 42332 ()FF IIOURS INSPF-CTION I-l:1.1S 0 0000414t2 CO NTR CTO RS L I C]NSESFI;I.J 0 oo00 41413 SIGN APPLIC^TION I-i:E s20.00 0 0000 4t413 ADDITIONAL SIGNACE FEE-TSITOTERTOTT t! a !l g E. 0 0000 42440 VTC ART PROJECT DONATrcN 0 0000.413i I PREPAIDDESIGNRW {_!l oo00 42371 INVESTIGN TION I'F]I.: (tsUILDING J oooo45lto TOV PARKING I.UND 0 oooo 22027 I OV NITWSPAPI.:R DISPI-NSl;l( t UNDi 0l 0000 2lll2 TAXABLE@4.srm + 0l 0000 410t0 TAXABLE@4.02 (TowN) 0000 42J71 IJUILDINC INVESTICNTION its EI;It.p sT'EI'EC APPLICATION FEES 0 0000 41330 ADDITIONAL GRFA "250"5.100. {JU a! td f o ooo0 4 t.130 COND ITIONAL US E PEIT'iJT s200.00 0 ooo0 4t 330 EXI-bRIO!! ALTERATION ILESS TH,'\N IOO SQ.FT,]s200.00 0 oo00 4 r330 EXTERIORALW s)rjo.00 0 0000 4l 3i0 SPECI I- D 5 t ,)00.00 0 I 0(}00 41 330 SPEEI s I.000.00 F -0J4€€€4++34-SI-ECTAL DE s200.00 STJtsDIVISION tth-D6 0 0()00 4l 330 NCI:s250.000l oo00 4tt30 ZONING CODE AMENDMENTS 5250.OO0l 0000 4r330 RE. ZONING s200.00 OT}IER OTITER @-?' zcoMMENrs: I c-.'- 3'r L=di Vtsr rr-'r'-,-., cAsu r-t r*,r7 I ?1', u. oL,*ec.sv. ( ^/J T(flrlhl gF LrFl I l- Hiscell*reor.rs Cash g?-16-96 16:58:49 EFceiFt. * ?66443 Fccgunt* [tifi?199 Rflfl5 HOEH L0o6E C0tlt)cr\5LlB0ll' grrc,unt tendgretj )' llfiS'SF Ilem Psid gnc|.rrt Faid E16BgB4l33Erg66 1168.68 fhange returnetJ )' E ' Ft:t THFIhII< VOI-I \!cur cashier EEFTHff AI,TA COM SCHEDULE - Charges - AL,TA Owner Policy Tax ReporE --TOTAL-- *** THIS IS NOT AN INVOICE, BUT AN TO THIS ORDER, PTEASE REFERENCE 2. Effective DaEe: February 02, Policy to be issued, and ProPosed "ALTAI Owner's Policy 10-17-92 Proposed Insured: TO BE DETERMINED The est,aEe or interest in Ehe fand Ehis CommitmenL and covered herein A Fee Simple 1-996 aE 5:00 P.M. Insured: described or referred t.o in isr 4 Title Eo the estaEe or interesE covered herein is aE Ehe effecEive daEe hereof vesEed in: P-2 ASSOCIATION, A COLORADO CORPORATION The Land referred to in Ehis CommiEment is described as follows: LOT P-2, VAII-, VILLAGE, FIFTH FILING, ACCORDING TO THE RECORDED PI,AT THEREOF, COU}TTY OF EAGLE, STATE OF COLORADO. AND A PART OF A VACATED PORTION OF HANSON RANCH ROAD BETWEEN GORE cREEK ROAD AND_TE-- CREEK DRIVE AS PI,ATTED IN VAIL VILI.,AGE FIFTH FII,ING, COI'NTY OF EAGI,E, STATE OF COLORADO, AI{D MORE PARTICULARLY DESCRIBED AS FOLLOWS : oLIEPUBTTC NATToNAL TrrLE TURANCE COMPAITY MITMENT A Our Order # V252549 For Information OnlY sL70 .00 $20 .00 $190 .00 ESTIMATE OF FEES. WHEN onR oRDER NO. V252549 REFERRING*** PAGE oi,lEpuBtrc NATToNAL TrrLE i{ISANCE CoMPANY ALTA COMMITMENT SCHEDULE A Our Order # V252549 COMMENCING AT A POI}rI| ON TI{E CENTER LINE OF HANSON RANCH ROAD, SAID PO]NT BEING THE POINT OF INTERSECTION OF THE CENTER LINE OF SAID HANSON RANCH ROAD A\ID THE NORTHEASTERI.'Y LINE OF GORE CREEK ROAD; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF SAID HANSON RANCH ROAD A}ID ON A A}IGLE OF 90 DEGREES OO MINUTES OO SECOI\IDS FROM SAID NORTHEASTERLY LINE OF GORE CREEK ROAD 52.94 FEET TO A POINT OF CIIRVE; THENCE ALONG SAID CENTER I''INE AliD ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 161..41 FEET, A CENTRAL ANGLE OF 47 DEGREES 21 MINUIES 06 sEcoNDs, AIv ARC DISTAIICE OF 133.39 FEET TO A POIMI OF TANGEMT; THENCE ALONG SAID CENTER LINE AI{D AIONG SAID TANGE}TT A DISTANCE OF 2O.OO FEET TO A POINT OF INTERSECTION WITH THE SOUTHWESTERLY LINE OF GORE CREEK DRIVE; THENCE ON AN ANGLE TO TIIE LEFT OF 90 DEGREES O MINUTES OO SECONDS AND ALONG SAID SOUTHWESTERTY LINE 4O.OO FEET; THENCE ON AN AIIGLE TO THE LEFT OF 180 DEGREES 00 MINUTES OO SECONDS AND ALONG THE NORTHWESTERLY LINE OF HANSON RANCH ROAD AND ALONG A CT'RVE TO THE RIGHT HAVING A RADIUS OF 2O.OO FEET, A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 sEcoNDs, AN ARC DISTANCE OF 3t.42 FEET TO A POINT OF COMPOUND CURVE; THENCE AI,ONG SAID NORTI{WESTERIY LINE A}TD AI.,ONG SAID COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 141.41 FEET, A CENTRAL AIIGLE OF 47 DEGREES 21 MINUTES 05 SECONDS, AN ARC DISTANCE OF 116.87 FEET TO A POINT OF TANGENT; THENCE ALONG SAID NORTHWESTERLY LINE AND ALONG SAID TAITGENI 32.94 FEET TO A POIIIT OF CURVE; THENCE ALONG SAID NORTHWESTERLY LINE A}TD AI.,ONG A CURVE TO TITE RIGHT HAVING A RADIUS OF 2O.OO FEET, A CE}T|RAL ANGLE OF 9O'OO DEGREES OO MINUTES OO SECOITDS, A}I ARC DISTANCE OF 3!.42 FEET TO A POINT OF INTERSECTION WITH THE NORTHEASTERLY I-,,INE OF GORE CREEK ROAD; THENCE ON AN AIIGLE TO THE LEFT OF 180 DEGREES 00 MINUTES OO SECONDS AITD AI.,ONG SAID NORTHEASTERLY LINE 4O.OO FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLOR.ADO. NOTE: THE FINAL POLICY DOES NOT IN A}IY WAY GUARANTEE OR INSURE THB DIMENSIONS OF TITE ABOVE DESCRIBED LAND, THE LEGAI' DESCRIPTION IS DERIVED FROM THE CHAIN OF TITLE AND ONI'Y }fT ACCURATE SI]RVEY CAN DETERMINE THE DIMENSIONS. PAGE oO" coMMrrMENtO SCHEDULE B-1 (RequiremenLs) IF THERE IS A CHANGE IN OWNERSHIP OF THE THE VESTED OWNER SET FORTH IN ITEM 4 OF PROVISIONS AND CONDITIONS OF THE TOWN OF APPLICABLE. The following are the requirements Eo be complied with: PavmenE Eo or for the accounE of the granEors or mortgagors of-tr.l"t"if-.otriiaer.E,ion for Ehe estate or inEeresL to be insured. Proper instrument(s) creating,the esEaLe or interesE to be insured musE be executed and duly filed for record, to-wit: Our Order # V252549 PROPERTY TO BE INSURED HEREIN SCHEDULE A HEREIN, THE TERMS' VAII, TRANSFER TN{ MAY BE FROM 1. === THEcoUNTYCLERKANDRECoRDERSoFFIcEREQUIRESRETi,RN ADDRESSES ON DOCUMENTS SE}TT FOR RECORDING! ! * * * * * * * * * * * * * * * * * * * * * * * * * NOTE * * * *:h * * * * * * * * * * * * * * * * * * * * * * RECORDTNG FEES I{AVE TNCREASED AS OF JULY 1, 1995 TO $6'00 FoRTHEFIRSTPAGEAI{D$5.o0FoREACHADDITIoNAI,PAGE. RELEASESHAVEINCREASEDTo$I4.ooFoRTHEFIRSTPAGEAND $5.00 FOR EACH ADDITIONAI PAGE- PAGE o C " c o M M r r m u w tf SCHEDULE B-2 (Exceptions)Our Order # V252549 The policy or policies Eo be issued will conEain exceptions to Ehe iliifSri"s'unleis ift. =t*" are disposed of Eo the satisfaction of the ComPanY: 1. SEandard Except.ions 1 Ehrough 5 prinEed on the cover sheeL ' 6. Taxes and assessmenEs not yeE due or payable and sPecial assessment." ,roi yeE certified t.o Ehe treasurer's office. 7. Any unpaid Eaxes or assessments againsE said land' L Liens for unpaid waEer and sewer charges, if any' g.RIGHToFPRoPRIEToRoFAVEINoRI,oDEToEXTRACTA}iDREMovEHISoRE THEREFROM SHOULD THE S.A.}48 BE FOUND TO PENETRATE OR IN'TERSECT THE PREMISES AS RESERVED IN LNITED STATES PATEIi:r RECORDED May 20, 1905, IN BOOK 48 AT PAGE 511. ]-0. RIGHT OF WAY FOR DITCTTES OR CANALS CONSTRUCTED BY THE AUIHORITY OF THE uNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED May 20' 1905' IN BOOK 48 AT PAGE 511. 1].. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT oMITTING RBSTRICTIONS, rF ANY, BASED oN RACE, COLOR' RELIGION', oR NATT9NAL 9RTGTN, AS CoNTATNED iN TNSTRUMENT RECoRDED November 05, L965' IN BOOK 187 AT PAGE 353 AND AS AMENDED ]N INSTRUMENT RECORDED AU91ISI' 27' Lg84, TN BOOK 393 AT PAGE 492, WHICH COVENANTS COI{TAIN SPSCIFIC RESTRICTIONS AS TO SUBJECT PROPERTY' EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RBSERVED ON THE RECORDED PLAT OF VAIL VILLAGE, FIFTH FILING. RESTRICTIONS AS CONTAINED IN VACATION OF ROADWAY RECORDED SEPTEMBER 10' 1.959 IN BOOK 21.5 AT PAGE 959. TERMS, CONDITIONS AT{D PROVISIONS OF PROTECTIVE COVENA}fTS RECORDED MATCh 03' 1.9?7 IN BOOK 253 AT PAGE 48. t-\ /rS). ffnr'ltS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED }4ay 22, 1'984 IN BOOK \-"' 386 AT PAGE 32. ,6!. tt*ts, corlDrrroNs AND pRovrsroNs oF coNsENT DocUMEITTS RECORDED AugusE 13, 'J 1984 rN BooK 392 AT PAGE 248, 249, 250 AliD 25L. ratal 7\a r-)V PAGE DECLARATION OF PROTECTIVE COVENANTS LOT P-2 BLOCK 3 VAIL VILLAGE FIFTH FILING EAGLE COUNTY, COLORADO KNOW ALL MEN BY THESE PRESENTS, that the undersigned, belng Lhe only obtner of the land described as Lot P-2, Block 3, VaiIVlllage Fifth Flllng, and a portlon of vacated Hanson Ranch Road, described on Exhlbit A hereto, Eagle County, Colorado (hereinaftercollectively referred to as "Lot P-2"), and belng desirous ofprotectlng property value, and protecting the health, convenience,welfare and use of t,he future owners of Lot P-2, does hereby declare that it desires to establish certain limitations upon thefuture use of Lot P-2 and to provide for the cornmon maintenance ofcertain improvements and features located and to be located on Lot P-2, IIHEREFORE, the undersigned does hereby declare and adopt thefollowing protect,ive covenant,s, each and all of which shall be appllcable to and run with LoL P-2, Bl.ock 3, Vait Vlllage FifthFlllng, Eagle County, Colorado and a portlon of vacated Hanson Ranch Road, described on Exhibit A hereto, Eagle County, Colorado: 1. Definitions. A. "Common Expenses" means and includes all sumsarising from the maintenance of certain improvements located and tobe located on Lot P-2, which shall be borne among those future owners of Parcels (as herelnafter defined) of Lot P-2 who may be responsible for such expenses under the terms of this Declaratlonof Protectlve Covenants. B. "Guest" means any agent, employee, tenant, guest, Ilcensee or lnvitee of an Owner. C. "Owner" means each Person or Persons, as hereinafter defined, owning each Parcel (as hereinafter defined) of Lot P-2, infee simple, along wlth the heirs, successors, assigns and representatlves of said person or persons. D. "Person" means any individual, corporation,partnership, combinatlon, associatlon, trustee or any other legalentlty. E. "Parcel', means any one of the parcels into which LotP-2 is divided under the resubdlvision plat recorded in the recordsof the Eagle County Clerk and Recordef in Book _ at page _. F. rrl,ot P-2" means, collectively, that real propertydescribed as Lot p-2, Block 3, Vail village ftftn Flllng, inO Iportion of vacated Hanson Ranch Road, described on Eihibit Ahereto, Eagle County, Colorado, and any resubdivision thereof. Lot P-2, and each of the 3.Prohibltion Construction Above round Level .Exceptin onI andsca in retainin walLs necessa or thert of nq, and other evlces assoclated with the use of P-2 above e u evel existlnq on the date o this Declarationof Protec ve ovenan 4.Obllgations of Owners. Each owner shall maintain andrepair its Parcel in a manner consistent with t,he maintenance andrepair of other Parcel.s within Lot p-L, including, by way of example and not of limitation, the maintenance and repair of pavedparking areas and necessary retaining walls, and the creation,maintenance, irrigation and perpetuation of landscaping. Each Owner is required to cooperate with Owners of any adjacent Parcelln the creatlon and maintenance of landscaptng and other featuresaffecting both parcels (such as retaining walls), and bear aportion of the cost of such activities as set forth herein, unlesssuch Owners agree in writing to a different allocation ofresponsibillty. Owners shall be permitted but not required to cooperate in the installation of lrrigation systems, Any disputearlsing from the obligations set forth in this Section shall beresolved in the manner set forth herein related to DisputeResolution. 5. Common Expenses. Unless otherwise agreed in writing among tne [affil[EEing-6irners, the Common ExpenJes shall be madeby equal divlsion among the Owners of the Parcels adjacent to the 2, A. Parkins of passenser vehicles having a weight ofless than 10,000 pounds, togeth-i wtEh-ilnprovEfrents aisociated withsuch use, including, by way of example and not of limitation, pavedparking lots and security gates. B. Landscaping. C. Underground utillty lines. Llmitation of Use of Lot actlvltles for whrch the expense lncurred. Each owner havrngresporrsibillty to pay expenses toward a shared common Expense a5set forth herein shall be obrigated to pay the portion- of theexpense set forth herein, or as otherwise- a-greed iln writing wiinthe.other partrclpatlng ohrners, to meet the cornrnon Expenses of suchactrvity, wlthln ten days of demand by an owner who- has "*p.rroeasuch common Expense or proposes to incur such comrnon Expense-. Anydlspyt-e arising from the obligations set forth in this sectionshall be resorved in the manner -set forth herein related to DisputeResolution. 6. Enforcqqlen! an_d corrgctlon of common Expenses. Any ownerto whom anffi tnis Decraration of protectivecovenants for comnon Expenses may colrect such amount through theDlspute Resolution procedure set forth herein, and the enforcementof the results of such Dispute Resolution procedure. Theprevairing party-In any such pioceeding shall be- ent,itled to itsattorneys' fees incurred in assoclation with such colrection anddlspuLe resolution effort, 7. Lien f . All sums due butunpaid in affiExpenses shalr be a rien againstthe Parcel whose portion of such expenses remains unpaid f5r tendays after demand, and shalr, when pioperly recorded, constitute alien on such Parcel prior to arl -otfrer iier,s and encumbrances,except only tax and speciar assessment liens on the unit in favorof a, governmentaL authority. rf any common Expense sharl remainunpaid after thirty days from dernand tor paytnenL thereof, the ownercraiming such common Expense may i.mloie a penarty on suchdefaulting ohrner equal to 5t of such alnount as is due-, togetherwlth interest at the rate of two percent per month. To evidence such llen, the owner claiming such comnon Expensemay prepare a written not,ice setting forth the amount of suchunpaid lndebtedness, the name of thd owner cratming the conmonExPense, the name of the owner owing such common Expense, and thedescription of t,he parcel subject t,o the lien criated by thisDeclaration of Protective covenlnts. such notice shalr be iignedby t'he owner clalming the common Expense or the representativ5 ofthat owner and may be recorded ln the office of the clerk andRecorder of the count.y of Eagre, state of colorado. such lien forcomrnon Expenses sharl att,ach from the date of the failure ofpayment of the common Expenses. subsequent to reduction of thellen to an award through the Dispute Resolution procedure set forthherein, such lien may be enforced by foreclosur6 of the defaultingoerner's Parcel by the owner craiming the common Expense in lik6manner as a mortgage on rear property upon the recording of anotlce or clalm thereof. rn any correclton errort or forecfosure,the prevairing owner is entitleb, to recover the costs and expenses o of such efforts or proceedings, and costs and expenses for flIlngthe not,lce or clalm of lien, and all reasonable at,t.orneys, fees.The Owner claiming the Common Expenses shall have the power to bidon the Parcel agalnst whlch the foreclosure was Instltuted at anyforeclosure sale and to acquire and hoJ.d, lease, mortgage and convey the sane. 8. Ownersr Obligation for Payment of Common Expenses. The amount of the Common Expenses which is the obligation of each Or^rnerunder this Declaration shall be the individuat debt of the Ownerthereof at the time the Common Expense is lncurred. Subsequent, toor in association with the reduction of the claim to judgment through the Dlspute Resolution procedure set forth herein, suit toreceive a money judgment for unpaid Common Expenses, and costs ofsuit and attorneys' fees, shall be maintainable without foreclosingor waiving the lien securing the same. No Owner nay exempt itself from liability for its responsibility for the Common Expenses by waiver of the use or enJoyment, of any of the Comrnon Elements or by abandonment of lts Unlt. 9. Liabilitv for Conmon Expense . The granteeof a Parc h the grantor for a1I unpaid assessments against the latter for any Common Expenses due to another O,!'rner ln association with the Parcel being conveyed up to the time of the grant or conveyance, withoutpreJudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefore; provided, however, that' upon written request, any such prospective grantee shall beentitled to a statement from the adJoining Owners setting forLh the amount of any unpald Common Expenses, with respect to the subJectParcel, and any amounts which are projected and may be charged against the subject Parcel within a time period specified by the proposed grantee, not to exceed six months. In the event no response is recelved from any Owner withln twenty days after receipt of the reguest, the prospectlve grantee shall be permitted to rely upon such failure to respond as confirnatlon that no amountis owed by the prospective grantor from the Owner failing to respond. 10. Eqgements. For purposes of carrying out any and all ofthe provisTd;-T-this oetlaiation of Proteclive covenants, each Owner shall have an easement for naintenance and repair purposes within flve feet of each property line common to two Parcels,provided that the activities conducted under this easement grant sha1l not be injurious to or interfere with the activities on any other Owner(s) on the adjacent parcel . 11. Dispute Resolution. In the event of any dispute among the Owners arising from this Declaration of Protective Covenants, excepting only disputes relating to the use of any parcel forpurposes p4ohibited or not authorized under this Declaration ofProtectlve Covenants, any Owner desiring the resolution of suchdispute shall apply for arbitration of such dlspute under theUnliorm Arbltrati-on-ect (offiy sffi-ssor statute) then ln effectln the State of Colorado. If available, the resolution shall occur throuqh the American Arbitration Associat.ion;-those rules shall, inthe event of conflict, supersede the appticable Colorado statute.Notwithstandlng the foregoing, any Owner injured by the acts or omlssions of another Olvner may apply for and obtain preliminary equltable judicial relief pending the resolution of any arbltrationproceeding. In the event of a dispute regarding the use of anyParcel for purposes prohibited or not authorized under this Declaratlon of Protective Covenants, the complaining Owner shall beentitled to apply directly for Judicial relief or may apply forarbitration, reserving the right to apply for and obtainpreliminary equltable JudiciaL relief pending the resolution of anyarbitration proceedlng. 12, Miscellaneous. A. A11 the provisions contained in thls Declaration ofProtective Covenants shall continue or remain in fuII force untilthis Declaratlon of Protective Covenants is terminated, revoked or,with respect only to any portion which may be amended, until this Declaratlon of Covenants is amended as herein provided. B. ,Thls Declaration amendedr termi instrument specifvino the anendment or effective ternlnation or revocation, executed bv the O!,rners. as shown by the records of the Offlce of the Clerk and Recorder of the County of Eagle, State of Colorado, of Parcels representing an aggregate ownership lnterestof at least 75t of the Parcels. C. The provisions of this Declaration of Protective Covenants shall be in addition to aLl other provisions of law ofthe State of Colorado and the master Declaration of Protective Covenants recorded for VaiI Village fifth filing. D. Whenever used herein, unless the context shall otherwise provlde, the singular number shall incLude the plural' the plurat the singular, and the use of any gender shall include all genders. E. Each Owner shall register its mailing address with each other Olvner. All other notices and demands intended to be serve upon an O&rner shall be delivered personally or sent elther by regisLered or certifled mail, postage prepaid, return receipt requested, addressed In the name of the Ownermailing address. F. This Declaration of Protectiveblnding upon and shal1 Lnure to the benefit ofhelrs, personal representatlves, successors and them. at such registered Covenants shall be each Owner and the assigns of each of G. The invalidity and enforceability of any provision ofthis Declaration of ProLective Covenants, in whole or ln part,shall not affect the validity or enforceability of any otherprovision or any valid and enforceable part of a provision of thisDeclaration of Protective Covenants. H. The captions and headings herein are for convenl.enceonly and shalL not be considered in construing any provisions ofthis Declaration of Protective Covenants. I. Failure to enforce any provision of this Declarationof Protective Covenants shall not operate as a r,raiver of any suchprovision or of any other provision of this Declaration ofProt.ectlve Covenants. J. This Declaration of Protective Covenants may beexecuted in several counterparts, each of which shall be deemed anoriginal for purposes of enforcement. IN WITNESS WHEREOF, thls Declaration of protective Covenantshave been execut,ed ef fective the _ day of _, 1990. P-2 Association A CoLorado Non-Profit Corporation Owner of Lot P-2, Block 3,VaiI Village Fifth Filing By: President ApPHOtjfI,fr--. l PLANNING AND ENVIRONMENTAL COMMISSION October 14, 1996 Minutes MEMBERS ABSENT: Diane Golden STAFF PRESENT: Susan ConnellY Mike Mollica Dirk Mason Tammie Williamson Larry Grafel Todd Oppenheimer Judy Bodriguez 2:00 P.m.Public Hearing The meeting was called to order by Greg Moffet at 2:00 p'm' 1. A request for h|o 250's, in order to construct a Type ll EHU, located al 1225 westhaven Lane/Lot 43, Glen Lyon Subdivision' Applicant: Sentry Construction' represented by Pam Hopkins Pianner: George Ruther/Mike Mollica Mike Mollica gave an overview of the stalf memo. Mike stated that staff was recommending approval with no conditions. Greg Moffet asked if the applicant had anything to add. Pam Hopkins, representing Sentry Construction, had nothing to add' Greg Moffet asked for any public input. There was none. Greg Moffet asked lor the commissioner's comments. There were no comments from the Commission. Greg Amsden made a motion for approval per the staff memo' John Schofield seconded the motion. The motion passed unanimously by a vote of 6-0. 2. A request for a major subdivision oJ Lot P-2, Block 3, Vail Village First Filing' and..a. .. vacaied portion of hanson Ranch Road' The site is glrnerally located east of Vail Valley Drive between Hanson Ranch Road and Gore Creek-Drive. A complete legal description is available in the Community Development Department' Applicant: P-2 Association, represented by Art Abplanalp Planner: -HteriDirk Mason Planning and Environmental Commission Minutes October 14, 1996 MEMBERS PRESENT: Greg Molfet Greg Amsden Henry Pratt Galen Aasland John Schofield Gene Uselton Galen Aasland disclosed, for the record, that he had done work for Bob Lazier in the past' however, he didn't see it as a problem with this request' John Schofield disclosed, lor the record, that he was currently working for Bob Lazier' but it had nothing to do with this proposal. Dirk Mason gave an overview of the request. Based on the stalf analysis, staff was recommending approval with the two conditions as stated in the staff memo. Greg Motlet asked if the applicant would like to cornment' Art Abplanalp, representing the P-2 Associalion, expanded on the history of the request. He stated that tne prbperty wai established in the early'70's and owned by VA. The ownership boundaries now were those that were established in the 70's. The owners don't want to be liable ioiinyonelr actions. Ol the two conditions presented by statf , he stated we would like to make a "hang'e on the 2nd. lt needs to be changed to read, the Town of Vail must take action on any propolifr within 30 days. Art also stated that the sidewalk conflicts with trees, vegetation and b"iirg. Art suggeste.i tnat tnis was not the place for the sidewalk, therefore, Condition No. 1 should be removed. Diane Milligan, Manager ol the Bamshorn, was in favor of the resubdivision, if only to make . tiaOitities eisier to naidte. She had a problem with Condition No. 1. Less than a year ago' tl9 iEC uoieO unanimously by a vote of 7-0, that the sidewalk not be located on the east side of the street. There was even discussion at the November 27 , 1995 PEC meeting regarding the Golden peak Redevelopment, that the sidewalk that existed be removed. The most that was to be in this location was a crosswalk only. The process was to come before the PEC and the Council also agreed not to take out the trees. The issue was not about one or Nvo trees, but the aJsmetcs of tie area. Diane advised lo stick 10 the original decision, as it was thought to be a done deal. Diane stated that we have to say no; we don't want this sidewalk. Greg Moffet asked for any more public comment. Dirk Mason said thal he spoke to Greg Hall prior to this meeting. The granting of this pedestrian easement would preserve the six 30' tall trees. Greg Moffet said the Golden Peak discussion did not include a sidewalk on that side of the road' on tfie east side of Vail Valley Drive. Council lelt it was not the appropriate time to put a sidewalk in at that time. However, it dld not become a dead issue at that time That was the Town right- of-way. Jim Lamont, Executive Director of the East Village Homeowner's Association, stated that there was not to be a sidewalk on the east side of Vail Valley Drive. We requested the main sidewalk be on the west side of the street. The decision was for the east sidewalk to be yanked out' The traffic flow was to be evaluated after this season. We want to suggest to look more seriously at the Chalet Road access. The right-of-way has been abandoned in lront ol the Texas Townhomes. The Town Engineer should not press an issue, when the PEC and the Town Council voted no on it before. We are not in favor of easements being granted. Diane Milligan showed photos and demonstrated the traffic flow of people in that area. The tendency o-f people woutd be to not walk around the island on the sidewalk, rather they would take a straight Path on the road' Planning and [Jnvironmcnial Commisslon Minules Octobcr 14, | 996 Jim Lamont stated that when the Golden Peak Redevelopment final plan was submitted' including all improvementt, tn" sidewalk was back on th6 plan. Jim stated that at that time they registerdd a complaint and the sidewalk came out of the plans' John Schofield was familiar with the area, as he drives it daily' He echoed what Jim and Diane h;;; ;id. ie coutd onr,,iee peopre using the sidewalk in the summer. He felt that the Town should bond the life ot tnelrees. He state-O his concern, that a sidewalk with so many curbcuts would not be safe. John stated that he couldn't support the sidewalk. Gene Uselton, having read the minutes of the November 27th meeting, agreed with John on the siJewatx. He didn't hlave any problem with the rest ol the proposal' Greg Amsden said it was appropriate for staff to request easements with.this type oi proposal' This location *"s a ttratetil'siti in Town. Greg stated that the Town of Vail should sign the coven ants. Art Abplanalp stated that the Town was not a party in this request. Art.would like to see the condition rejd, that if the Town didn't react wiinin bO days, they would then waive their rights. Mike Mollica stated that he agreed with Art, but the Town would like some say regarding certain elements of the covenants. Art Abplanalp stated that he would like assurance that if we couldn't get the Town into action, we would like to be able to proceed. Galen Aasland, although he agreed with the comments, said this didn't serve the Town's interests. Galen explained thdi applicants can place restrictive covenants on their property, and that the covenants may not be in the interests of the Town. Art Abplanalp stated that the covenants were VA's and we were reinforcing them' Jim Lamont said we weren't prescribing any other use other than what was originally adopted. Henry pratt said il there was a need for a sidewalk, it could be done when the trees died. Henry was not in favor of an easement. Henry stated that it would be taking away an opportunity to put something nicer in than what's there now. Greg Moffet said despite the fact that the easement issue had been discussed and turned down' ii wis appropriate loi the staff to ask. Greg said Chalet Road was much more appropriate lor a seconOiiy p'edestrian path. Greg said thaiif we voted to include the covenants, the Town Attorney should review those covenants. Henry Pratt said that it was his understanding we wefe not adding new covenants' Art stated lhat there were new covenants added that the Town had required tor maintenance. iney *ere delivered to the Community Development Department three weeks ago. The Town involvement was the only new covenant. Galen Aasland asked if the new covenants that were being crealed would supersede the old ones? Planning and Environmental Commission Minutes October 14, 1996 Art Abplanalp explained that you could not supersede the old covenants: the new covenants were added as a response to the Town's request' Greg Amsden asked if the commission was in agreement with condition No. 2 on page 8 of the staff memo. Greg Moffet said that this was a preliminary plat' Greg Amsden made a motion that the preliminary.plat for.the m_ajor s-ubdivision request be appioueO, per the staff memorandum, with the deletion ol Condition No. l. Henry Pratt seconded the motion. John Schofield amended the motion to include Art Abplanalp's comment that if the Town did not t"f.e "iiion within 30 days, they would waive their involvement and the proposal would be approved. Henry Pratt seconded the amended motion. The motion passed unanimously by a vote of 6-0' 3. A request for a major SDD amendmert to allow lor a modification to Savoy Villas, ol SDD #5, ldcated at 1230 Lionsridge Loop/Savoy Villas, Phase ll and lll. The site is generally located east of Timber Ridge Apartments, west ol Simba Run, north of the North Frontage Road and south of Lionsridge Loop. A full legal description is available in the Community Development Deparlment. Applicant: BWAB, lnc., represented-by Chris Klein Pianner: Dominic Mauriello/Mike Mollica Mike Mollica gave an overview of the request. He explained the history of the SDD and said the request incluJed the most recent modifications. He said that staff had concerns with the en|ioseO parking. This proposal would eliminate the 2-car garagg. Thus, the enclosed parking of Savoy Vittas woutO drop io 47"/o fiom the original proposal ot llV". The intent was to keep the total pa;king in the entire'SDD to 85%. Since it has dropped lo 82/", staff has concerns. Due to the reduction in the enclosed parking, some findings have nol been met. Overall, though, staff is recommending approval, witli the condition that a 2-car garage be added and to stay within the building footpr'int'of the 1995 approval. Sta{f is recommending approval with the 3 conditions as listed o-n paje 10 of the staff memo. Mike also mentioned that staff had included a draft ordinance, attached to the memo, to illustrate Condition No 3. Chris Klein, representing BWAB, Inc. stated that he had challenges with this project. He slated that he took away the office area. Greg Motfet asked for any public comments. There were no public comments. Mike Mollica answered a question that came up during the site visit regarding the employee housing units being made smaller. Planning and llnvironmenlal Commission Minutcs October 14, 1996 Galen Aasland said the applicant would need to include enclosed parking.with lhis request' . otf'e*ire the applicant ij not wor*ing with the Town's interest in mind. Since the applicant.is riXing the emilbyee housing units imaller, Galen would have to vote against this proposal' Henry Pratt stated, he felt the same as Galen. Since the Town granted additional density' the Town should be given something in return. A multiple bedroom employee housing unit has been t"t "n ort and so-therefore, *eniy is not in favor of ihe request as presented. Henry suggested io tn" "ppii."nt to table the requ6st until the applicant can come back with a different solu1on' John Schofield echoed Henry's comments. Gene Uselton echoed Henry's comments. Greg Amsden echoed Henry's comments. He said the applicant.can't lactor economic reasons' just"because it's cheaper to'build. Greg is not in favor ol'the applicant gaining square,footage for 'j free market unit, by iaking out square-footage from an employee housing unit. He also agreed with the suggestion io taOte this item until a better solution is found. Greg Moffet said this proposal reduced the employee horlging unit's sizes and covered patking was'a problem. Greg wds in favor ol denial, but he said il someone moves to table this item so the applicant can come back and try again, he would agree to that. Ghris Klein would like to table his request. He stated that a problem for him was to stay within the original tooprint. Mike Mollica said to stay within the original lootprint was critical, however' the applicant had a rigni to propose a modification to that iootprint. Mike said that he recommended the applicant stay within the footprint. Greg Moffet stated that when the request became more in conformity with the Town's objectives' the PEC would look at it again. Henry Pratt made a motion to table the request. Galen Aasland seconded the motion. Greg Moffet asked for any more discussion. Henry Pratt suggested a date to table the item to. Mike Mollica suggested tabling the item until the October 28th meeting' Henry Pratt amended the motion to include tabling the item until the October 28th meeting. Galen Aasland seconded the amended motion. The motion passed unanimously by a vole of 6-0. Planning and llnvironmental Commission Minutes October 14. 1995 4. A request for an inlerior remodel to add a bedroom and a bathroom of approximately 250 .qr"-}" Gt, ,ti[rinj tne zso Ordinance, located al1776 Sunburst Drive #9tuail Golf Course Townhomes. Applicant: Anne & Peter Mounsey and Joan & Marcella Fox Planner: Lauren Waterton STAFF APPROVED 5. A request lor an exterior addition to a master bedroom and bathroom and adding 3 qtd floor, utilizing the-2ab Ordinance, located at 8O2B Potato PatchiLot 4' Block 1, Vail Potato Patch. Applicants: Padraic Deighan and Birgit Toome Pianner: Dominic Mauriello TABLED UNTIL OCTOBER 28' 1996 HenryPrattmadeamotiontotableitemNo'5unti|october2E'1996. Greg Amsden seconded the motion. It passed unanimously by a vote of 6-0. lillllllltt 6. Information UPdate: . Ford Park Management Plan update - Larry Gralel Larry Grafel gave an overview of the Ford Park Management Plan review process and passed oJt i concepiual outline for putting together the plan for Ford Park. The handout included information'about the public process. Larry stated that he would like to talk lo the PEC about the iri*"ro*. Larry saici there were a wide v'ariety of things that go on in Ford Park. He said that it was a large resp-onsibility to know how to take care ol the present issues. The public processes start out 5y defining the problem. The handout has oullined the givens. Larry stated that the Town must adherelo financial and safety issues and he informed the PEC that the Town Council would have the linal say. Larry stated that the public was lold, during these meetings,-that all ideas would be considered. Tire Colorado Department ol Transportation had a say in fiddling with the Frontage Road. Larry said a long term vision of the park was needed to include the goals and objedtives. There were access conflicts. Larry hoped to define relationships b€tween ihe uses. The financial issue was always around. Larry explained the project timeline. He thought it optimistic to have a linal decision by December 17th. Larry explained that tomorrow an upda"te rojtd Oe given to the Town Council. Larry stated that that this would come back to the ffC in Novembei. He pointed out that the packet included the ordinance delining the reasons for the purchase of that parcel, in order to give a perspective as to what the original inlent was' including potential uses and possible uses. He explained that the next four pages in the.packet were th;6nilre range of commenls that was received from the public meetings on the following issues; open space, access, the Education Center, the Alpine Garden and the parking issue. From suin a vhriety of comments, the staff team tried to synthesize what was heard. The conclusion was that open, green space was most important. There was an analogy to Central Planning and Environmental Commission Minutes October 14, 1996 park and how it should be preserved. Through rhe conversations. people liked the idea of rrftipf" i"""sses through ifre park. There wire many comments t'o make available more public ii*ibortrrio" and pathsi. The Alpine Garden and Education Center produced lively discussions' ln all the discussions, no one was adamantly against anything. lt was agreed that the Education Center should be in a neutral location and ttiat it should be vely close-to the existing Alpine G;;;;". Utost peopte believed that parking was a serious problem. Comments ran the gamut trom no patf'nd fo'a partting structuie. So-me of discussions centered on who was parking there b;6t;ihJ it wi snoutO acc-ommodate all the needs for everyone. A preliminary framevork was O"u"foJ"J to fuitner Oetine tnis. The existing Master Plan his stood the test ot time' The Town Gi neEJeO to potish it up with modilicationsl ."Don'l screw it up," was heard over and over "S;i". li att came back tb status quo. The public doesn't want lo add anything more, but wanted dirptou" upon what we have. The Town heeded lo define the allowable uses. The Town needed to have design guidelines. Maximum heights needed to be formalized' People.don't like ine inirusion of loadiig ind delivery. How then d6es the Town accommodate that need and still not reduce the enjoyment of peopl6 engaged in activities in the Park? Maintenance was being Oon" u"ry well. Fiowever, it neeied to'Oitormatized to get to a world-class level. The Town neeOeO fir get a better handle on the coordinating and scheduling of events. Larry mentioned init *" tho"ught we could cooperatively help manage those demands and.conflicts that happen at iert"in timeiol the year, such as tne atn oi .tuty. fhe financial responsibililies would continue to O" i.pos"O on peofle who use the park. Useri will delermine what kind of demands and irp"its were Oiougjfrt to the park. frlitigation would be picked up by the organization of the users' Liiry "i"t"O that th; parking issue cauied mixed comments and many solutions. The Park had a 600car need, with a275 car capability in the summer, which was the worst season. Greg Moffet asked what the Village parking slructure experienced when the park was being used? Larry Grafel said the Village structure experienced very little impact. People would rather walk the streets, than get on a bus. Greg Molfet mentioned that the Chalet Road shortcut by Manor Vail doesn't get used at all. Larry Grafel stated that most ol the right-of-way is CDOT. Larry said^that he didn't have a clear Oefiriition of the parking needs. The Education Center at the Aipine Garden was the catalyst lor Jevetoping the park. tie asked what things were needed to make our decision' The framework 6i raiiinfi a decision still needed to be p-ut together. Reaction had been mixed, whether it sfrout- nippen at all. There have been conversations both ways if it's needed' Larry stated that i pr"f i*ln"if action plan had been put together. Signage and transportaton needed to be imoroved. There were some short t'erm tnings that the Town could do. We still need to put a capital plan together. John Schofield was in favor of increased parking and more signage' He mentioned that Ford park was heavily used on Tuesday nigntd. lt tn5 Vittage structure was not heavily used, then the Town needed to get people back ind-forth. John said that access from that area would be helpful with the n6w ieO&etopment of Golden Peak. He stated that the soccer lield parking lot *jI frf f by 7am all wintei fong. He agreed that the uses were wonderful, but iust needed to have the rough'edges smoothed oft. ..lonn asXed how the financing would be done' He mentioned inif it rlrtiiniy woutO Oe netpful if the users would pay for it. lohn didn't feel the need to get into it from a zoning and use standpoint. He felt it was'noi lgreat idea for the Town to get involved in the scheduliig aspect of it. ile thought perhaps the Foundation should handle that' Planning and linvironmenul Commisslon Minules Octobcr 14. 1996 Gene Uselton asked aboul moving the ball games down valley? Larry Grafel said the public delinitely didn't want to give up the. ball fields' They added color and uioiiniv to tne park. lt was an oveMhelming .no" to change that use. Gene Uselton said the traffic was a problem' Helen Fritch stated that planning and lundraising have been started, but we don't know where the building was going to Oe foc-ateO. lt will be dlsigned when we know where it will be located' Gene Uselton mentioned that Ford Park parking was free and well received. LarryGrafe|statedthatthereisminima|revenuefromthatparking. Greg Amsden stated that this was a summer dilemma, with regard to p-arking. There could be a lot of creative ways to get peopte from the Village parking.structu.re to.Ford Park; including .iO"*iff.r, signaje anJ oLis service. He thought tirat puOtic sentiment would not be strong for a itir"tur". ' Ui tetitnat improving the park, by getting people to their use, was important' However, he felt there wis a malor concern for salety, which was very important - Galen Aasland lelt multiple entries were good. There seemed to be an endless number of uses available, however we oon't want the plaie overdeveloped. The Town. has to set this up, so that ,sei iouiO overlap and share. Galen stated that the Town should be the ultimate authority' as tney could see th; broad schedule. Galen felt a parking structure was not needed, as the il",5""1 ;" *as underutilized. Galen stated that how the people were brought over lrom the structure needed to be addressed. Henry Pratt lelt by burying the interstate, a lotof these problems would go away. Henry.stated that with Bravo moving to-Beaver Creek and if we were to move the ball lields down valley' we wouldn't have any people left here after the Beaver Creek Performing Arts Center was done. Henry lelt the Eduiation center was a good idea, as long as il was to be used by the public.and noi iflr nlpine CarOen administration offices. Henry felt that the structure was not agood idea. Since the'Town lost 150 parking spaces, due to the Golden Peak redevelopment, this ski .season would be the test. Henry slated tfiat he could never find which bus went to the concerts this past summer, so he used the streamwalk. Henry has long been an advocate of parking at Ford Park.. lf it was buried, landscaped and had access to Golden Peak, it would be used. The Town should also find a way to not have to charge so much at these locations' Greg Moffet asked about Donovan Park. Larry Grafel stated that Donovan Park was not going to be included in this process. Greg Molfet stated that Ford Park was a great resource. lf adequate signage could be installed to sfro* that carpooling or handicapped were the only allowed parking in.that lot, with the remaining cars iJirecte-d to the structure, it would be good. Since the parking structure_was - . g;nJratt/available, the emphasis should be.on transporting people over to the park. Greg felt ii'ltiooier or later, increa'sed parking needed to be addressed. Greg stated that he was not crazy about turning green space into asphalt. Galen Aasland stated that the green space could be seen by all travelers to Vail' Anything else would be negative from a public perspective. Planning and Environmental Commission Minutes October 14, 1996 Henry Pratt mentioned putting a deck on the underground parking, so one could not see it lrom lhe road. Jim Lamont, representing the adjacent property owners, stated that the idea ol moving the- Education Center to tne Soccer field sit6 re'ceiveO support from neighboring Northwoo{g:. TL". Frontage Road access corld b" achieved through et'e'ctronic signage' .Jim stated thal if the Blue Cow Chute didn't 1ow, then there existed a bacliup, which could be helped with a roundabout' in" neignOorhood didn't want to encourage any more trafiic on Vail Valley Drive' Parking on the ro.iei tLlO snoutO be by a reservation oimanaged system. We should make sure these systems that we have are already paid for and then we could have a perlorming arts center to "6*prti *itn Beaver CreeX anO h6t lust another cold structure. The parking structure. noti.on.. should be relerred to in the plan as a long range goal. Jim stated.that the uses should be limited to ,nd"rground buildings. li a structure was need"ed, it should be brought back to the public to decide. Helen Fritch, president of Vail Alpine Garden Foundation, said a plan was put togeth.er with an LnO"igrou;d building. She stateb thal handicapped access needed to be addressed' as the park now has grades that are toott""p and don't foit6w ROn guidelines. This.new site worked in conjrn"riS"*ith the Nature Center, as it was on the bus ioute and could be used in winter and in summer. The purpose of lhe Education Center was for exhibits showing Vail as an extension of the environment, and to teacfr people how to mitigate. lt would be a lot more than a display of flowers and would work very w'ett witn the Nature"Center. The Center would be a link with the natural environmenl. A wh6le concept would be put together which would be a resource for Vail' ine ntpine Garden was trying to promote more than a pretly garden. Helen stated that more benches were needed. iniOisiance for elderly peopte to walk was a more serious situation' tnan tor handicapped people. Helen stated thatihe existing 57 parking spaces would be kept' John Schofield asked about the timing ol completion of the south sidewalk at Golden Peak? Larry Gralel said it would be finished in 1998. Jim Lamont said he understood the purpose of the high altitude garden for flora and fauna' Hiving just returned from South Afri'ca,'Jim stated th;t Capetown had.one and it was one of the malor?ifactions, very heavily attended and very popular internationally. This facility would be extiemely crowded. iim stateO that the neighborho6d and corflmunity wanted to see the ball fields remain. Jim mentioned that in 1974 the community didn't want development there, when it was supposed to be another Lionshead. The passion in the community wanted to protect it as . gr;en sbhce. Jim stated that we needed to look at Donovan Park and the east end of Lionshead for a convention cenler. . Geologic Hazard Report update - Dirk Mason Dirk Mason mentioned that several members of the Commission questioned why we nleded an updated hazard report. The geology rep_ort viewed walls as too low in a hazard zone' Dirk told the PEC members that this was just an FYl. Henry Pratt told Dirk that when staff made a requirement lor a hazard report, stafl should use c0mmon sense. Dirk Mason stated that stafi used hazard maps to make that determination. Planning and Envirorunental Commrsston Minutes October 14. 1996 Mike Mollica gave the example that if a hazard lalls below a lot, in the case of a Rocklall Hazard, we don't require a nazariffioti ittfte building envelope is above the hazard' He then asked the Co*ri.sioti if Chris Klein could speak again on Savoy Villas' chris Klein asked the commission if he added a two-car garage and two employee-housing units on'tf'" giornd floor, with ont t"rg"^"tployee housing unit and garage on the main floor, would this then be acceptable to the PEC? Galen Aasland thought Chris would have trouble with Federal Fair Housing guidelines. Chris Klein said he has suggested three employee housing units instead of two' Galen Aasland stated that access and housing guidelines haven't been addressed' Chris Klein said a lift would be needed, as there is no access to the lower level. There would be a common entry level and a lree market unit on a new 4th floor' Henry pratt said that chris was offering three one-bedroom units, when there was more of a need. in this town, for larger units. Chris Klein asked if the entire bottom floor had one unit with three bedrooms, the main level a one-bedroom with garage and the top a free market unit, would that work? John Schofield thought this concept was going in right direction' Gene Uselton and Greg Amsden agreed. 7 . Approval of September 9, 1996 and September 23' 1999 minutes Greg Amsden made motion for approval of the 9/9/96 minutes' Galen Aasland seconded the motion. Gene Uselton had one change, that was submitted in writing to Judy' The motion passed unanimously by a vote of 6-0. Greg Amsden made motion for approval of the 9/23196 minutes' Gene Uselton abstained from the 9/23i96 vote on the minutes, as he wasn't present at that meeting. Galen Aasland seconded the motion. The motion passed unanimously by a vote ol 5-0-1. Greg Amsden made a motion to adjourn the meeting. Gene Uselton seconded the motion' It passed unanimously by a vote of 6-0. The meeting adjourned at 4:1sp.m. Planning and Environmenl,al Commission Minules october 14, 1996 10 Law OFF|cEs DuttN, AaRtarualp & CxnrsrenseN, P.C. JOH N W. DUNN ARTHUR A. ABPLANALP, JR. ALLEN C, CH RISTENSEN OIANE L. HERMAN R. C. STEPH ENSON SPECTAL COUNSEf: JERRY W. HAN NAH Txe Varl Banx Burr-orHc SutrE goo rog Sourn FRoNTAGE Rolo Wgsr VArL, CoLoRAoo a rEsT TELEPHONE: (970) 476-030() TELECOPIEFI: <970r 476-4765 KAREN M. OUNN CER'ITIEO IECAL AS9ISTANT 14 October 1996 Mr. George RutherMr. Dirk Mason Town of Vail Department of Conmunity Development 75 South Frontage Road lilestValI CO 81657 Re3 Resubdivision of Lot P-2 centlemen: You wlll ftnd enclosed covenants which have been amended in the manner which I understand was required by the Planning and Envlronmental Commission on this date. I have modlfled the content of the subsectlon on amendment (Section 13.8.) in order to require Tor,'rn Council approval unless no response is obtained from the Tortn to any proposal . I would also appreciate the opportunity to dlscuss wlth you any changes whlch you feel are necessary to the proposed plat ltself prtor to flnal consideration. xc: P-2 Assoclation DECLARATION OF PROTECTIVE COVENANTS LOT P-2 BLOCK 3 VAIL VILLAGE FIFTH FILING EAGLE COIJNTY, COLORADO KNOW ALL MEN BY THESE PRESENTS, that the undersigned, being the only own€r of the land described as Lot P-2' Block 3' vail ViIIage Fifth Filing, and a portion of vacated Hanson Ranch Road, described on Exhiblf A hereto, Eagle County, Colorado (hereinafter collectlvely referred to as "Lot P-2"), and being deSlrous of protectlng property value, and prot,ecting the health, convenlence' ielfare anO use of the future o$tners of Lot P-2, does hereby declare that lt desires to establish certain limitations upon the future use of Lot P-2 and to provide for the cornmon maintenance of certaln improvements and features located and to be located on Lot P-2, WHEREFORE, the undersigned does hereby declare and adopt the following protective covenants, each and all of which shall be applicable to and run with LoL P-2, Block 3, VaiI Village Flfth fiifng, Eagle County, Colorado and a portion of vacated Hanson Ranch'Roadr-describei'on Exhibit A hereto' Eagle County, Colorado: 1. Deflnitions. A. "Common Expenses" means and includes aII sums arising from the maintenanCe of certain improvements located and to be loclted on Lot p-2, which shall be borne among those future oerners of Parcels (as 'hereinafter defined) of Lot P-2 who may be responsible for such expenses under the terms of this Declaration of Protectlve Covenants. B. rrcuest'" means any agent, emploYee, tenant, guest, Iicensee or lnvl.tee of an owner. c.''owner''meanseachPersonorPersons,ashereinafter defined, owning each Parcel (as hereinafter defined) of Lot P-2' in fee simple, i:.ong with dne heirs, successors, assigns and representatlves of said Person or Persons. means any individual, corPoratj'on, assoclation, trustee or any other legalD. "Person"partnership, conbination'entity. E.''Parcel''rneansanyoneoftheParcelslntowhlchLot P-2 is dtvlded under the resubdlvision plat recorded in the recordE of the Eagle County Clerk and Recorder in Book - at Page -'F. "Lot P-2" means, collectively, that real property descrlbed as Lot P-2, Block 3, Valt Village Flfth Flling-, a-nd ?portion of vacated ilanson Ranch Road, described on Exhtbit A-hereto, Eagle county, colorado, and any resubdivision thereof. A.ght of Iess than 10,OOdEffinas, todethbr wttn with such use, lncluding, by way of example parklng lots and securlty gates. and not of limitatlon,paved B. c. LandEcaping. Underground utilltY lines. 3. Prohibltion on Construction ipove Ground - Levg]' Excepting . n?"e::srl- f:t-^tl: support of parking, and otherJHYlCs',g,, Lot P-2 for with the use 4.obliqatlonsofo{ners.Eachownershallmalntalnandrepair ftsffislstent wlth the maintenance and reiatr of other Parcels within Lot' P-1, including, -by lay of eximple and not of limitation, the maintenance and repair of paved parking areas and necessary retaining wallsr-an9 the creation' inainteiance, irrigatlon and perpetua{ion of landscaplng' * Each Owner is required io cooperat6 with Owners of any adJacent Parcel in the creaiion and maintenance of ]andscaplng and other features affecting both parcels (such as retalning walls), ald beg a portlon 5f tne c6st of such actlvltles as set folth hereln, unless 3uch Owners agree 1n $rrlting to a dlfferent allocation of responsibility.- owners shall -be permitted but not requlred to cooierate in ine lnstallation of lrligation systens. Any dispute ari-sing from the obllgatlons set forth in this Sectlon shall be resolv6d in the manrier set forth hereln related to Dispute Resolution. 5. Comrnon Expenses. unleSs othe:r,rlse agreed ln writing amongtne@ers,thecommonExpensesshallbemade by e{ual divlsion-amon! the Or,rners of the Parcels adJacent to the actlvltles for whlch the expense incurred. Each Owner havlng responslblllty to pay expenses toward a shared Common Expense as set forth heiein Sniff -ne obllgated to pay the portlon of !h9 expense set forth hereln, or as otherwise agreed in wrltlng^ wlth thb other particlpatlng Owners, to meet the Conmon Expenses of such activLty, wrtntn -ten aiys of demand by an ovYner who has expended such Cornmon Expense or proposes to incur such Common ExpenEe. 4tydispute arisin-g from tlhe obligations set forth in this Section snatt be resolved in the manner set forth herein related to Dispute Resolution. 6. Enforcement and Collectio{t .of gom{ron qxpenseg'-Any qtl"r to whom an tion of Protective Covenants for Common Expenses may collect such amount through the Dispute Resolution proc6dure set forth herein, and the enforcement of the results oi such DisPute Resolution procedure' The prevailing party in any such pioceeding slra_Il be- entltled to its ittorneysi ?ees- incurred in aisoclation wtth such collection and dispute resolution effort. T,LienforNonpavmentofCommonExpe-ns....Al1sumsduebut unpaid ln a l be a llen against the Parcel whose portion of such expenses remains unpaid for ten days after demandr- and shall, when pioperly-recorded, constltute a lien on such Partel prior io all -other liens and encumbrances, except only tax and sieciaL assessment liens on the unit in favor of a- gover-nmentaL autiority. If any Conmon Expense shall remain unpald after thlrty days from demand tor payment thereof, the Ovtner ct-atmtng such common Expense may impose a p.enalty on sych defaulting owner equal to 5* of such amount as is due, together with inteiest at the rate of two percent Per month' To evldence such llen, the o\"fner clalmlng such common Expense may prepare a written notice setting forth t_he. amount of such nniaia indebtedness, the name of the Otrner ctaiming the Comnon Exiense, the name of the O!'rner owing such Conmon Expense-, _and the ae'scripiton of the parcel subject to the lien created by thls Declarltlon of Protective Covenants. Such notice shall be signed by the ovrner clalming the common Expense or, the representati_ve of tlat Owner and may -be recorded in the office of the Clerk and Recorder of the Corinty of Eagle, State of Colorado. Such lien for Corunon Expenses shali atta6h from the date of the fallure of palzment, oi ttre Common Expenses. Subsequent to reductlon of the ii6n to an award through tie Dispute Resolution procedure set forth herein, such lien may -be enforced by foreclosure of the defaulting O!,rner's Parcel by tfre Owner clalming the Common Expense 1n like manner as a mor€gage on real propeity uPon- -the recordln-g of a notlce or claim thir:eof. In any collectlon effort or foreclosure, the prevailing oerner is entitled to recover the costs and exPenses of such efforts or proceedings, and costs and expenses for filing the notice or claim- of lienr- and aII reasonable attorneys' f"9!.- The owner clalmlng the common ExPenses shall have the povteT to bid on the parcel against which the foreclosure was instltuted at any foreclosure sal-e and to acquire and hold, lease, mortgage and convey the same. 8. Owners' Obliqation for laYmen=t o{ SPffilo.n Exp-enseE'^ Tl: amount of gation of each Ovtner under thls Declaration shall be the lndividuaL debt of the Owner thereof at the tlme the common Expense is incurred. subsequent to or in assoclatlon with the reduction of the claim to judgment through the Dlspute Resolution procedure set forth herein' sult to receiie a rnoneli Judgment for unpatd Conmon Expenses, and costs.of sult anal attorneys' ?ees, shall 6e maintainable without forecloslng or waiving the lien securing the same. No Owner may exempt itself from llabiffty toi tts resfonsibltlty for the Cornmon Expenses by walver of the o"e o' enjoym-ent of any of the Common Elements or by abandonment of lts Unlt. or . 3;,. r [l: Silliii for all unpald asseismenti agalnst the latter for any conrmon Expenses du6 to another O!{ner ln association wlth the Palcel belng coirveyed up to the time of the grant or -conveyance, wlthout preiuiice do the gil"t""'s right to-recover from the grantor.the iroint" paid by tie grantee iherefore; provided, howeve!' that' upon written i"g"""t, any such prospectlve grantee shall be entitled to a statement from the adj-oining owners settlng forti.the amount of any unpald common ExpensLs, wilh respect to the subject Parcel, and any amounts whlch are projected. and may be -chargedatainsi the sub-Ject parcel within a tirie period specified by. the pioposed grante-e, not to exceed six months' In the event no i"sion"e is recelved from any owner withtn tltenty days ?fle1,eciipt of the request, the pro-spective grantee s-hall be permitted to reiy upon such -failure to respond as confirmatlon that no amount ls or6a -uy the Prospectlve giantor from the owner falllng to respond. 10. Maintenance and Re.pair Easements. For PurPoses of carrying out anyf this Declaration of protective Covenants, each OwnLr shall have an easement for malntenance and repalr purposes wlthin five feet of each property il;;-;;d;" i" tr. par"61",- provided that the activities conducted under this ease*"ti grutrt'sirall not be injurious to or interfere wlth the activltie" o1'..ny other Owner(s) bn the ad1acent parcel . 11. Drainaoe Easements. Each owner shall have an easement for tnepurpffiurfacedrainagetotraverseanyother Parcel ln the manner such dralnage has historically passed, subJect to the provisions herelnafter estabLished. In the event any O{ner desireJto reconfigure that Owner's Parcel (the "ReIieved Parcel") in a manner which would affect such historical drainage patterns, that Owner may dlvert such drainage Pattern using a route other than the hlstorlcal pattern, provlded (a)thatsuchmodiflcationinthedralnage-patternis dvidencea by an easement estabtished and granted by the gyner modifying tie dralnage pattern, fo3 the use and benefit of the farce]lsj whose Oritnage 1s being diverted (the _ "Servedparceli"i"), the terms ot wtrtcn easement shall be subject to the apirbvii ot the owner(s) of the served parcel(s), which approvit shall not be unreasonably wlthheld; (b) the cost of the constructlon of any structure necessary ioi such change in routing, !,rhether on the Served Parcel(s) or the Relieved- parcel, shlll be borne by the Ovner of the Relieved Parcel; (c) that an appropriate guarantee of such payment-may be ie{ufrea by thi-Orner(s) of the Served Parcel(s); and (cl) that the actlvttles conducted under the modlfied easement drint shall not be inJurious to or interfere with the ictivities on any other O{ner(s) on any adjacent Parce1 or Served Parcel . L2. Dispute ResQlUllq4. In the event of any dispute among theovlners@DeclarationofProtectivecovenants,excepting only disputes relating to the use of any -Parcel for pnrp-oses-proniltted- or not authorlzed under this Declaration of Protective Covenants, any Owner deslrlng the resolutlon of such dispute shaLl apply for arbitration of such disPute under- -theUnLform Arbittatlon-Act (or any successor statute) then in effect in the State of Colorado. If available, the resolution shall occur through the Amerlcan Arbltration Association, whose rules shall, in the eient of conflict, supersede the applicable Colorado statute. Notwithstanding the foregolng, any Owner injured by the -acts or omissions of a-nother Owner m-ay apply for and obtain preliminary equltable Judicial relief pending Lhe-resolution of any arbitration pioceeding-. In the event of a -dispute regarding the use of any iarcel f6r purposes prohlblted oi not authorized under thls Declaratlon dt piotecttve Covenants, the complaining Owner shall be entitled to apply directly for Judicial relief or may apply for arbitration, -ieierving tne rfgnt to apply for and obtain prellminary equltabte j-uOtctal rellef pending the resolution of any arbitration proceeding. 13.Miscellaneous. A. All the provisions contained in this Declaration of Protective Covenant,s shall continue or remain in full force untiL thLs Declaration of Protective Covenants is terminated, revoked or' with respect only to any portion which may be amended' until this Declaration of Covenants is amended as herej.n provided. B. This Declaration of Protective Covenants may be amended, terminated or revoked by the recordj.ng of a written instrument specifying the amendment or effective termlnation or revocation, executed by the Owners, as shown by the records of the office of the clerk and Recorder of the county of Eagle' state of colorado, of Parcels representing an aggregate ownershlp lnterest of at least 75t of the Parcelsr-provlded, however, that no such amendment, ternination or revocalion shall be effective unless approved by the Town council of the Town of vall (the "Tostn C-oirncil,'), except as provided herein. If a proposed amendment, termlnation or tevocation !s submltted to the Tolyn of VaiL, and the Tor.rn Council takes no action on the proposal within thirty days after submittal, the requirement for Town Councit approval shall be considered to have been waived by the To!.tn Council. Such waiver may be established by a recorded certificate or affidavit of the roivn Clerk of the row-n of Vail, or by an affidavit of the owners of a rnajority of the ParceLs. c.TheprovisionsofthisDeclarationofProtective Covenants shall be in addition to all other provisions of lavt of the State of Colorado and the master Declaration of Protectlve Covenants recorded for VaiI Village Fifth filing. ' D. Whenever used herein, unless the context shalL otherwise provide, t,he singular number shaLl include the pIural, the plural the singular, ana the use of any gender shall include all genders. E.Eachownershallregisteritsmaiiingacidresswith each other Owner. A11 other notiles and demands intended to be serve upon an Owner shall be delivered personally or sent either by registe-red or certified maj"1, postage prepaid, return receipt re{uested, addressed ln the name of the Owner at such registered mailing address. F.ThisDeclarationofProtectiveCovenantsshallbe binding upon and shalL inure to the benefit of each Owner and the heirs, -peisonal representatives , successors and assigns of each of them. c. The invalidity and enforceability of any provision of 6 this Declaratlon of Protective Covenants, ln whole or in part' shall not affect the valldlty or enforceabillty of any other provision or any valid and enforceable part of a provision of this Declaratlon of Protective Covenants. H. The captions and headings herein are for convenlence only and shall not be considered |n construing any provislons of t,his Declaratlon of Protective Covenants. I.FalluretoenforceanyprovlsionofthlsDeclaration of Protectlve Covenants shall not operate as a $taiver of any such provision or of any other provi-lon of this Declaration of Protective Covenants. J. Thls Declaratlon of Protective covenants may be executed in several counterparts, each of which shall be deemed an original. for purposes of enforcement. IN WITNESS WHEREOF, thls Declaration of Protective covenants have been executed effective the - day of , L996 ' P-2 Association A Colorado Non-Profit Corporation Ovrner of Lot P-2, Block 3' Vail Village Fifth FiIing By: STATE OF COUNTY OF ss. The foregoing instrument was acknowledged before me the _asday of , L996, by President of P-2 Associatlon. My conunission expires : tlitness my hand and official seal . Notary 8r :.!r ,' , Fr:8:,.:; '\. c, ..F 'lr c '.F iii' lrl hi$! \ rrc "l i:'.rrrf .____--._--__- 0v91 ,l.'aDt*... --:rq--.--_ i-t*:, -'r:*) 9firr,.. ,-r .l .St ., ,- -{ 0 ru.r-, .. ,IiA I rj?1,, t'lrJ fl I li I .,*- - t -.rJ" . I r'., -.-.:. AV*t tu.,,..- ,.r Sl, ^.- " J.s;x.r r:lirii 4iit 'fkft rlriii f l'.: i .in P!'foth the su' appoin a9enE' dccePt. broughAYno{rLtte. vtolatviolatgovenl 6uch n 9lvin9pcrso:: shaII delive then t given . and nt uhol! t 4. St of tliis i;! no i ineali€ tull force EXECT!: SAATE OP C couli?Y ot ' jThe': . 'I5th. dav 'i:. ' 1' r. tri.W",3ii)f,S3ir"'''the subject Property c: an7 lnLcrc-L :'::::i":-";:-'iii"iiiS-irt- t.i.'n cierr of-che rowr of vair as his agent !o recetve any no"i.;t-pi""ia"a :o! h+!'cin-and Lc o'ceep" "ervice o! procegs in any court. proqeedlng-. iiJiiit- i" enforcc' che -Provl6iortE of thlr lnatrurient' Aiv notice requlreo uncer th13 Scctlon 3 shall be i'Jit[ii-i"o- sliarr gPeciii iiii vi"ra:ron or ehreatened ;i;i;;'i"" ob]ccted io, tite propertv 6ubl^e:l-::-:he "iiiiii"" anl ghall tlenand compliance .aith. thesc-.- ;;;:;;;; ,Ilni" iirt".i"iril hii' arter the ?i:lln or Iiii"nliii"". rf after roasonable effort.the peraon li"irg-ih"-i.tice sharl be unable to deliver ihe €ame Dcrscnal:':r to :i,e person io whorn it is 'lirected-'end!iiii"u"-itn"ur. !o obtain a return reci:igt shourng ;:ii;.il Ji-n"ii'". to.tie person to uhon ic-is dilected' H;;';ha required notiee-"liii be deemed- sufftcienlrv qiven if posted upon tn" pi"pltii describea iD-the notice . l"i-i"ii"i:to rhe 1..:: i;i'-:r- ar:gresg of thc Person to lrhon ehe notice I's dllected' 'a- SSVERABTLITY' rnvalldation of any onc o:-LLe P'evisions "r u'i" t#iffia-"iffi'ii'ilii-ii-"6"ii oi3'r :'-3::i" sharr in i.o ulseaffect any of Ehe oii"i pto"i"i'"ns shich shrll renain in full force andl eifect ' EXECU?ED 1IIIS 15ch day of Iovcrnber' I976' eIn .3 VAIL ASSOCIATES, tNC. , a coLorado co rPorat ion /''1 , ,t] '', .-'\ ^-.. /,,;i,,/t,-, /r 1'.2i^"t rf-::::,1fr;;Ttff_-_ STATE OF COUNTY OF COLORADO ) ) AAGLE ) ss. lJa s acknor'rledged bcfole ne tnrs "F*r'ffi.*'*" .witness niy hand and offic ia I 6ea]. 1ly coiruniss ion exPireg r -2- t,: ' EXHIBIT .A vail viilage F!f::h f i'1inq ' County of Eagle and state of LOE P'71 Colorado t#*ls;,i::*"r:i t''i**'*l"Hiiiiil!:l':xrl:::irsil aB !oIloltg !ffi** ******ffi L493i'* 6tAr€ Ot colonrDo Jrt. l"S l-?',ti !' rk'r'r ',. lT.a .,!. .riftl n r i'ft: 'r Pogc 2 - Or' linc o(.rid fcct (o e floi along r ctrr\ ccntrtl nn8l . Polnt ot r. nlonf n tcv- fcct. 5 c(Dl t.ci lD a Po G.rrc Ctaci 3id llonf 5 to thr lerl I HnnE on nr' lrdi\ts ol l di6ti!oc( o th. richt l: 4 702l' o/ ", 3 ?,, r!.i (c( ' lln. ri'l . !rct, t. .'. Crer:l l',' Pddc2-Ordir|.nccI'l^' llna o( rrid H:rnaolr Rdlrch iold and slong tnid tangcnt 32'94 tcct to 4 poln! ol curvci thcncc rlonB raid Soulhcrly ltnc rnd elong I curvc to thc l'ft having e radlur of l8l'41 fc't' a ccntr.l ahglc of 4?ozl'06". an 'tc dirtaocc ot 149'92 lc't to ' a polna of tcvcitlo curvc; thcncG !lon8 !at'l Southctly llnc rnd slong. rcvct.c cutvc to the tlflht hr'.,lng r rrdiu' of 20'00 f!.1. a.ccntitl rnSl! ot gOoOo'OO"' tn irc dislrncc ol 3l"lZ fcct to I polnt oI int.rtection with thc Southv'c!tc!ly linc ot cot. crcck Drivti th?nc'r on ad angl' ti thc !c{: t/ !90o00'0c'' and atong !nid So\rthwcrtcrly linc 8O'OO {cct: thcncc on art anBlc to thc ldft ol lSOoOO'Oo" and along thc Ntrthwcrtctly linc of H.rnaon Ranch Ilord n|rd rlong ' cufvc to thc riSht h'vin8 a rrdiur o( zo.Oo lict, a cctlttrl rngle o( 9oo0c'00"' rn t!c di6tonco o( 3t.'{2 fcct to a Pornt of corfipoun<i curvci lhcncc along lnid Northwctterly line lnd along !'rid comPouod 'urvc to thc tight h.ving d radiu3 of 14l'41 lce!' a ccntral dnSlc oJ 4?oZl'06,,, an arc di6tancc of 116,8? fcet io a Point of tanS'cn!; thcncc along !Biil N'rrthwcrlcrly linc and alonS said t^npcnt 32.94 (cc? to ! Poinl ot cr.|tvc: thcnce rl!'nA !'id Norttr\^'cstGtly:l llnc and aloag a curvc to th' ritlht ltrving a rrdius ol l0' 00 lcct. a cettt.l snglc o( go(,oo'00"' !n arc di6tancc of !1"12 tcot ' to a point ol intc!scction with th' Notthci!tcrly linc of co!e crcck noadi thcncc on an anglc lo rhe lc(t o( l8o"oo'oo" rnd ilonE 3aid N('rlht"ster!)'!ire 80 40 t"ti r-l:'ncc Dn !n !ngle to the lcfr ot t8oooo'oo'and alon'! tho S^irtr'crst l'/ line o! Henson n3ncL Rord an'] alonS' a curvc to tlre !iAht hivinB a rn.:ilrr af 21.O0 i"t' : :' '"iii : ':r -' 1ii('CO'0ll diatancn ^r 11.,2:-.. l,ur^t ol l)t:git:iiiq; co!r_ teining 8,5?9'05 oriuarc ['fl' triorc ot l'$6' StlfiptL3. Tho v'ithin vncrlion in n"l to bc (un'lrtre(l 'ii-,."Ji l'l {.{s0 "tTfEE#*1iT'l-' | 1.,-.,"y (.n'ly r:'r! tf ir i^ttnnn'nt w,r t |iJ {J. rFotd in mY cf{i<< rh' 1. t 4,;, -i -a4i;i; . 6. 7 - ^ ./.t!,i. a ,ql!' ond ir '.' . 'tcc":''cd i",: -,r...-x l. F -P llqrn. ll -4. 7. -. -.'... r1 L 22; {!--l1r; i- '-::4r'i _ - _ D.rrv,.: t i ;. . tt -- :a! t,.. t, bcr John 8r.oddlrt E. ?hr prlnctpal purpor. o, th. corporllion rb.tl b. to orn'Inprovod an.t untnprovcd rclt crtrt. lnd to n nlgc thr latna lor ltr rnGnbarr aa I vohlclo prrktng lot rnd rccr6lllonat !aclllty, h. x.nbcrrhlp ahrll br lhttrd to ftv. .ntllrrr. ,t sD.r- lhlp ahall not bo rraign bl. rtthout conr.nt o! !l,I ncob.r. or(capt thrt, upon !ranr!.r o! th.t proparty corEronly knoen o, by Robcrt T, I.ricr and Dtan. .t. t.zi.r, o! that conupnly kno$n o! ar by rhitc Ent€!prt!.r, tnc., or ol that zeulonly fnorrn-Ji ar rhcf - by A.c. rurl, th. rncrnbarahlp o! ruch prr.or orncr rhall be lranrfcrrad to ruch n.t' ovncr upon th. corporation,, rovlor and ratlonabla accgptlnca of dllpo3ttlvs docutnont!, 1. No part of tho lncoDr or proflt of thc corporatlon thall b. pllal to th. n nb.rr, offlcG..r or dlractors, J. Th. corporatlon ahall bc dlrrolvad anat lfgutatatld upon raLc ot ttr r.!l proporty unlcar lha lpDbarr undntnoualy tgrac to conllnulnca o! ltr axtrtanca at ruch tin!. In thc rvont ol dlrloLutton, tha corporrtlon tball b. llculatrr4.t tnd !ft6r all da.rta of th. corporatlon havc bocn !atl!!I"d, th. r.natntng lrlrtt rhall br rold or dlrtrLbutod ln klnd to thc rcnbGr! rt that tln€ ln good ltandlng ln aqual aharot. Any n nbar ortng any {,rmun! to thr corporltton, uhcther for arrrrrnlnta or othaHllc, rhlll llrrt rapay luch rnount bcfora baconing GnLltlod to any 3uch dlrtrlbutlon. I -1- '.1 ?..IP. l;,:. li" :.r.,. i , .. -2- oa .. lt. r.tl.t.r.d oltLo. ol t'h. oor?or.tto, .h.tt Dr rir ,.{1I 2l0l t. atb lr.Au. IDa!./a, l Colorrd,o !02 06 Tha tgant 8or rarvlca o! glooar I at ruch rddr.ra rhatl . ',t'A 'filr ^ JO llltl{tT Tt PHttLlP-3- ilci 'e'ci Y nf;coRoER -cox.EEE, f ,n l3 l0 os lll'8,1 ' THE UNDERSIGNED' belng alt of thc rtembcta of P-2 AtsochLlon, a cotoraao- carporailon, ( "Assoc1ar-ion") execute thl. Consent as of the jij Ooy o! '//l,.t , 7-- ' L9S4 ' WHEREAS, the Assoclr+-lon is t-he ow-ner of cer?'ain land .in v6Il villagor Fifth ;iii;;, county of Eaqte' colorado' 'tt-tlh.i; ;;;; piiiiiuiorrv d";;;i;6i on the att'ached Exhibit "A" which ir hcrcbY made ! Plrt hereofi and WHEREAS, PurBuant' to thc terms.of the ArticleE of tncorPoratlon ano ayrail-"i tf,. iaaociatlon-' the coll!ent' of i-he n.mbcrBhlp of the Arso;f"i.ion'ie necb"aory beforr the ownlrshlP oi i r..ulr"hip may be iranrferred or aarlgned; anc WHEREAS' thc und.rrlgncd undcrstand! t'hat PoIar partnershlp,--.'g"nutii pir.n"rirttp, haa purchared front whrte Enterpr!!es, Inc, t.hat ptop.t.y cixn191ly knor'm rs the RatnB licrn rcoi"-i;r.oo9";l wrrlcn pliciaie'quatifiei Porar Partnership for memlershlp in ttre Aggociationl and ' t.|HEREAS, Lhe underBlgned understand! thst Polar Partnership tuy t""n"i", it.s iitereet in Lhc lodgc and ln the Association to a rimriea !ait-nershil' ("Lirnlt'ed PartnershiP'' ) rvirh r.he a.l,nc parr.ners a6 PoIar PartnershiP :*""P:^:11:^:::,:itno"" puttn"ts wltt ue tirnltgd Partners. (t-he term "Partnersnrp to rofer to polar rort."uiinrp'or the Limltcd Partnershlp lf it ls formeii and takes tj'tle to the Lodge) t 'nd . h'HEREAS, the undcrslgned underst'ands tbat the Partn,rrshiP int.ends to convert'the ladge to condo$lnluns and to seII i-ire condomlniunBt ani llllERt:AS, r.he und er! igned understand B t'hat to f i'nancc the purchase ind the constructtoD neceFBary ln conneccion wir'h the converEi..rn of the toalqe by the Par?nerFhiP, the Part'nershiP has obtained fir,ancjng fronr citlzena Bank, sheEtoyg arr ' wlacon6ln ( " Ba nk" ); and WtlnREAS, the Partnership desires to obtain conRenta t'o variouE asEiqntienta oi int-"ruet in its tnenberahip ( "t'tembership") 1r: the Assoc;ation ae containeC herein. tt-fi.t4 - .O7Ig4 tioH, THEREFoRE, in conEiCeratlon of t-he above and ODe Dollar (Sl.OC), the receiPt' anil sufficiency of l,;i:;;;i;.j,;.r, pr emi se 3 which .r,..f{ :i Vh624 s-,l4\ &# ffi . ..i 1Ai.li. t91i | ... 07L84 i! hercby acknowlorjged, ehe undersigned rgreG and 9lvq their conront ar fol lowc r l. tha undarrlgno.l have Prcvloully g6nsgn13d tp the transfsr of the Momberchlp 1n the Asloclatlon from Whlte Dnt.rprlB€!, Inc. to Polar Partnershlp. 2. The underaigned consent to r-he tr..nBfer of t'he Henbcrshlp ln the Asrociar-ion fron Polar Part,nershiP to the Limlted Part ner 8hlp. 3. The underalgned conbent to transfers of r-he l"lemberBlrip in f.he ABsociatj,on from the PartnershiP to a condcniniunr osiociation formed for the PurPoae of adrnlnlBr.cring and rnanaglnq the condominium project. ' 4. lte unilerBigned consent to the collrteral aeaign- ncnt of the MembershlF ln thc AEEoclatlon from the Partner6hiP to the BanX, purEuant to the t-errnr of s Deed of Ttust, As819n- _ menr- and security Agreernent dat-ed Hay 4, L9A4 ( "Deed of Trust") and a modlflcat-ion and anendment to the Deed of Trust and tther credit and Becurity tnBt.runcnt-t dated .tuly -, 1984 ( "Modifica-tion"). such as8ignnent bolng gtven aa securlty for the Pay:lentof loan8 nade by the Bank to th. PartncrshlP fo,: the Purchaleand itiproverent- of thr l.odge, 5. The undersigned hereby conaent. to any future asBignment by the Bank of ltd interest ln t-he llemberahip ln the AsEoclatign wiere such aaalgnment ls undertahen PurBuant to the powerr of th€ Bank, j,ts Buccessora or aaslgna. under the tenfls of the DeeC of ltust and llodlflcatlon. 6' The underslgned hereby conrent to any fulure assignneni. by +-he Eank of all of its Lnr-erest in i-he l4embershiP in i.he A6socj,Rtion +.o any prr€nr or rub6idiary of the Bank. ln the event the nank acqulrea the Menbership under the terms of thc D€ed of ltuEt and Modiflcar-lon, the underslgned conaeni io a tranafer of 6uch by the Bank to a tranaferee who also ohtn s or Birnultlneously acquires orrnershlp of thc l,odge' 7. The conaeneB given in this Agreenent arc Bpecifically conditj.oned upon the following conditions : $-b-* //rl/ -2- .. 07184 a, In accordanc! lrtth Arttclr IJ, ParagraPh 2 of tho Bylaw! lf thc Mernbcrrhip ir h.ld by I corPoratlon, ..Prrtncr.hlp, mor. than one lndlvldual, or any och.r entlty tnat ir not onr-natural pcFsonr an lndl.vldrral nrr'ural P€rlon.8ha1l ba dortgnatod ln writ!,ng to thc Acloclatlon frorn tlrnc to tlne who rhal-1 voto andt'hotd alrcctorchip on brhrlf of the !'tetnbershl p and thall havG th! excluslve volce with respect to the Mernber6hlP ln aII other retpects affectlng tha Arsoqiatlon' b. The Assoclation Bhall be 9lven wrltt'en notice of any transfer of thc I'temberahip, including those consent-ed to heraby. c. tf the llcrnl)erlhip J.a tran6ferred t'o a condonlnlun asaociatlon, t-he Blnk illI elther asBerr- it's right's to the Msnlbershlp through tl.c condonlnlu.n asaoclatlon or b'llI aeqrrire ownerahip of tha Mcmbersl'iP fro:n i-hc condcnil:iutn asioclatlon so that the condomlnlum aaaoclation and the Bank lhall not both own lnterest! In thc Member8hlp at the same time. d. As a conditlon to tha conaent! cont-alnec hereln any tran6feree of th! HembsrlhlP rhall agr.G to be bound by the ArtlcleE of lncorporatlon, Bylrws rnJ ruler and rcgulationE of i-he Assoclation and th. Agraornent r€lating to fohnat{on of tha A!sociatlon dated SePternber 16, 1976. e. Any trancferea of the MenbcrshiP shall ratlfy t,re parklng allocrtlona r8 alloeated anit phyelcally aeparated on the date of thls consenr- .wlth any nodlficatlonr to auch altocatlons that. may bG subsequantly mlila purluant to the Articler of Incorpoiat-lon, Byiawa and rules and rcaulatlona of thc AsBociatlon a-nd the Agrsament relat ing to fortnation of the Assoclation dated sept.enber l5' 1976' t, Any transferer (other than the aforedeocrlbed condominlurn associ.ation) of the MenbershlP must own or PoBBessthe primary beneficial lnt-erc!t- ln t-he ltdge. 8. 'Itra underaigned ackntwledges that 11t16 ,;66ssnt- ma)/ be execur.ed ln counterpart. ^ h r r s+,_4\-/, IJt4rf -3- Er ac ut rd POIAR PARTNEREIi I P drt. r,,? ltt.n VAIL TRAILS ASS€ IATIO}; : . "fl1 :J-ll lr:1. 07t8 4 CONDo!,|INIUI'l ar o! thc rbov r , CHALET By 8y_ It! 96nlraI plr tncr Sqcrctary-TreaBuror ItB Robert T. l.a'zler It I At te8t I Dlqne J. lizlrr My comnlsBlon. Expircs ! Ad d resg r VAIL TRAILS EAST CONDO4I}':UM ASSOC TATION By EFarfar-T-. GtFCrtht ai te' Jtr Sscrat.ary-Trcaaur€r Notary PubI ic STATE COUNTY OF COLORADO OF t! Personally came before me thls day of 1984, nhe above-namld --, t; me Ii?TiG-Ee the pr:.'-ner of, Polar Pffinorrl cd ged hlneelfto be tlro peraon who €xccuted thc foregotnq lnstru,nent ss auch Partner of auch partner3hip, by ltr authorlty, and lcknor,lcdg.dthc tane. ;::.1t:r, ;:l;jj o7064 P.rronllly can. boforc nG thl! day of1934, thr abovc-named nobGrc T. Iazlcr anETiano'.t. b:-tG;6'nc known to br thr p.!rron! erho GxccutGd thc forcgolng .tnatrument, anil lcknowledgrd thc san.. 6TA8E OF COIJORADO coulnY Or ltot ary PubI lc My Corrnission Erplroa r M drers: r STATE OF COI.ORADO couMY ot .- 1 P/).sL Pcr8onrlIy crnc bcforc rnc thii 1984, the lbove-naned A. G. ttltl, to r{l.who 6xecutcd the fJr€going insr.rwncnt, larne. ',ll _fl_ doy 5f, ,!/"'etrt,E , Xnown to bG the berEon )) ec ) and acknowtodgGal th6 My Cottmlrslon Explresr r,.,,,,..'. r;,r!;"ir,.,,i./i,'r.r Address r ---'#:?"^tt"Al ' t t-t 1., 'i;'.. O7IB4 STATE 'OF COTFRADO COUI.IIY OF Per6onatly cane1984, the above-naned executed the aasociation, before ne this day of -?nd f,oregoing instrwnent as such officers of sueh by 1ts aur-hority, and acknow].edged t-he sane. who acknowl edged themsEIvEE-Td-E-6E . and of VaiI Trails ChaIeL Condoniniun As-so?itfG;, a;A-E-me linob'n tb be the Fersons who Notary PrbI ic l4y Conmiaslon Expires r Aldrce g : S TATE OP COI'RADO couMry oF ) ) aa ) Personally camc before me thla day of 1994, the above-narnid Charlea H. Cowpcrthi6Ee, wrro a6Tii6Ff6@Eahlncclf to bc thc Secretrry-TraBurer of Vall TrBLlB East Condomlnlun Asroclation, lnd to rne known to b. tbe per8on who executcd.the foragolng lnst.runent a! such offlcer of suchagaociatlonf by it! authorlty, and acknowledged the Barne. Notary PubI ic My Conunl aslon LxpIre8 ! Ad Clra s a r -6- Lot P-2, vail village rifth Fiiing, colorado t.ltD A parE of - Ranson Rn:rcl: F,oatl f roo Go;'c C,rcck Fc,,rd to Corr: Crc:ck Dr:Ivc ae plartcd ln Vail Vtllr'gc Fifth t'11inA, Councy of llngl-c, StaLc of Color-ado, and cor-e p.srtieularly descr j.bed as follows: Co-.;urenclng s,t a polnt ort rhc Sotrtlrcrly ltne of llcnson Rnnch Road, r;a!d t'rolnt beln!, chc Jrolnf of Eangen! of the Southcas terly cr.rr-ve lrr!crsec!1oo cf said linnson Ranch Road ar:d 6orc Cleek Road; thcnce Northeastcrly aloni rhe Southerly llne of itald ll.it)Gon Karrclr Road and alorrg r,-aid !angent 32.94 fcet to a For.nt of crtrve; fhcnce along sald Sor:tlrr-.t-1y 1l:te and e!c'ng a curve co t:be lcfc havlng a radlus of 181.41 feet, a centrrl en3le of 47"21'06'r, an arc dletance of, L49.92 fcct Lo a polnE of reveree cun'e; thelrce alor,g satd Sorithcrly l!ne and along a r-(.ver6e (:rrrve to thc rlSht lravlng a radir:t of 20.00 feeC, a cr:ni r-s1 anglc of t,.,:'00'00", an arc tlistnrrcc of 3l ./r2 fcet to a polnt of Intersecr:loo .'lclr thc SouthL'astcrly I irrc of Corc Crcck Drlvcl thr:nc.. on en anglc to the lefc of 180"00r00" and aloug aa{d Soutln.:cEterly llne 80.00 fecc; thcnce on nn ;tnglc co tlrc left of 180'OOr00tt and nlorrg Ehc lic.rrtlrueet:e rly I l:rc of ll:r:s')n Rnncll Iioltl lrrd n) ong a crrrvc t g the rl g,lrC lravlng a - rrrrllrr$ of 2.0.00 feet, a r..'rrl:r'nl nnglc of gO"OOtOOtt, nn ar-c d[$t;rnec of 1J1.42 fr:rc to r lroJlrt of crr:rlrnrrnd culvc; tlterl,-.c alolrg sal.d ].lortlrr.(-'sCt'rly lJnc atrd nlong said c(itil,)uirrJ c\rrvc to ,:)lc r'lglrt lrav{rtg a yndJrrs of l/, 1.41 fcr'tr .1 cclll.ral lrrgla ol hl o21r06", an.rrc distance of 116,87 fr.r.C to n pc'l nt of l.'r)r,rrrrr I tlrr'rrr-.r ,rl olg r:rr1(t li.;r il:.'rr:l.r:rly llnc nr)d .,rlorrg cn.i (l t.inucttt 32,ltl f r'ct to,r P1llnt of r:ulvc; I ll.: ncc,. lorrg, r;;rld liorl'lr!'rf 3tlrly ) jrrn artri .,r l,,r'S ^ (.ulvc to llrc rllhL l:,:vlng a r:rr,1 lrrs of 20.00 frrrf , rr rr'D l : .. l r rr.,l ) r: r:f 90'00t00", /lil rrrc r-ll strrncc of _t1 .L2 It'et lo..I j,olr,t: .)f Jrli (.r rrr,r.t l1111 r.,J t h tltO N()t l.)),'ir6 t(!rl7 I lrrc ,rl Core Crrr.k iirrrrt) ; tlr,.n(c' qrrl .111 i111r"11 to tirr: l(,j.t of 180'00t0()" i:xl n'r orig snld li(,rlli(sr;lr'rly )Jrrc 60. Lt(J f i.r'i; t"lr,'r)cc On /rn /|rglo fo tllc lr,iC of l8U'LlorO0" rirtd n1,.,;rg t lrr' Srrrrtlr(.rrltc'rly 1[[c of llrtr:son t:.:rrr ]r lir,ad and 4l cirrg a crr|vc to tJre Il1.,ltt lravl116 a rnrllrr:; Of 20.00 fcet, A c,::rLr.al ,,,r).(;lc of 90'00t00tt, ilrl Arc rllrtt^ncc of 3l .ttT f(.ct to tll(r t!,Jc l,i)lr)t,'l lrcl;!riolrr;i; r.c'irt ..r t n I llli ll r']. 19,05 :,(lll,t:c t-r (,t: , rrro, c or lr.,r;n. EXHIBIT I Count-y of Uagle and Stat:e of l-vJe1 06074, I gqts-'lJ{! turo 13 l0 PHI[[ lP3 IE o0ncE r o8 l}l r8q Ttttt tltll)llRf I(;Nlil)' botrr'1 trl I o(-r'he-rnetol)ctfi t)[ l'-2 Agsocir,tlon, a c'.'t orado'c9:Ir,liiii"n' ri17: "" iottorr" ) ox':':r:ro thitr c'('rrEon! '1,1 ''r ttro -!:*o"i-or -(NJ/' --'-'' r9B4' ' l{illjl:,li;rs, Lllo Adsr)cr.aLiun is'Ll":.'rwtler '): "' :'-" ];::i .11 1''riI 'r!lI'r"('|, I"tfLl' ;;;i;;;-councv ul. l]']gIn' <'r'lr'r!l r' rrr'!'" B nt)rc part \c,trurLy 'rugcriui"r on tho attacho'l 0xlr:l' j; ; " vihr'h ! ri""*rrv made a Pait herccf; and r{ilul{E^s, PursuanL t: il-to r:iT:,::i tl;"T:::l:l :f .n" .ri(:3rr")i'1!!;n atrd llyIa!'8 of tho t\stoclatron' rnerntiership of clre /rcsol?t;'it;"i" ';;eos1i11..1"tt'ro Lhc ('u '|ershJ p .if l 'n,i rl)€rahip tnoy uu-liin"rutred or aselgnod; and 'rllt!:lluAs I PoIrrr l,orensrshlp' a. tcneral Pa:tn::8hl:{.'ha t r,r.!':. j, f lo', wnitc ;i'ip;iiSi' .I;f i :l?:',t;:::;:1"";Hit"l""iil;; '-rte lutrns ll')rtr u){l9e ("todgc") whlcn ;;';,' '" i,iirrnrp e"' ",.i'iil3i"i''iii-t'i''" I'u"'rriattonI and 'dllltRoirS, Porar PurLn'rraltl p rnay !rnnsfor 1ls lntcre6t 1rr r ;, rl!c alrfl i.rr 'tnoi- Asr'x: ' r!Ion- Lo t' limltad parf'nerohlP ( " l.,r'r'. .t',1 l'arL'ter,rltrpl) "iil' 'tt* snme pnrinsra ns Potar p.1;1"11111,5trJ.p trxc(?pL tlr.rL ,rn.. t, Inore ptlr-Eners wl!l fre I lmitorl D&r[:r(lra (!he !ernr "pti ':'-'ioi"ittp;; lo t:oror,t:o I'oLar parLnersh!P - r -1r.. 1,ilri[u.t r',,rt.,,uiui''if'' ii-i*- ig tt'nn'ltl ''r nd Lakcs i'itIo to . the lPtl'Je), n nl] ' 'Witlll{lri\S, t- lr'r Lo(lgo to cot),lotn itt j .ln:t P,1r'l.lrarsllip !ntcnrlg Lo collv€rt ghc ,';t;i' ;.;-;;ii' lhc cr:tllorn!nlurno ; atrrl vlllltiltt^ll, Lo f !nitttc''r gho prlrchaao and che cona!ruccron lr(tccasory lrr c,'rtrr-,cc u ittn -t'ign ttto t;ortvorolon,of the l.odge by Iho Pn rt.rrurslrit:, tlr'r t"r r r. n el rl;t i l; l':;; oht'rrnc'1. flrlifnclng irorn ci!lzdn$ ii,lnl:, sirl!i)ot';n", wi""'"'of n ( ''Il'rnk" )t ?!nd !llllil{trA j, ,:ttc' I'nrt-llcrship rlc8 j re3. t'r) ob!oIn conaotlEa gO virrir:us ass i"Jn ,;"rt.t .: ' t;;;":;;;; 'li it'" nru'nbcrohip ( "MernberehiP") i1, l,-2 il13 L:()nL..!r,r.. ],,.rt',-'i.tt' l,igrrl , ,r.tlj:l{lit'')r1.,, in r:r'rtol'JrrrnLiolr -of tlre bovd PrcnlIEeo rr.l or,(' ,r..>ii.i i'i: 'oo) ' il;"' i' .an'l suttli'ciency r'li "ltich 06074,L tD haroby |tc.k nowl od'J 9,1 , t ho utl'lsraigllor'l agroc '1tl(l rJivo thclr conoonb oB f,o I.[orrB ; L 'l1lo ulldorslgnc\l conBcnL t''l thc Lranafer of gho Mg|nbor;htp ill th,-' lrost;ctnrton f rrvn Whitc l:r:torl'rl6c1' Inc ' so Polar Prlr Ltt et Bll !P. 2, ,Ilro trr.rlcrsignorl c.rnBent Lo lhe tranBfer of Lhe tloml)orshtp ln ttlo Arls')ciailon from poLar D':rtnarshlp !o thc I,i In t Le.l Psr!ncraltll). 3. 'l1ro ourlc ralgneri c':naorrt Lo Lranafer! 'tf the llerlbershlp ltr thc A3:i(clrrilon from chc P^rt'lrcrshlp to cho furchaaore of con"r':rni,rlr'ln urllLs ln thc tnrlge Ls tenants I'n conunon (an,l to sut',l,l,luirtL !r.ltl6ferg .in ':rrniccLion wlth galcs and f tnonclngB o! cor"d,)till;1 [trn unlue) or to r' con<tornltrlr'n !ssocla!lon f,onncd for Lho Purl)o$r- ()f adlnirttE!orItxJ ttnrJ managing tho c t:trd ont ln J.un prt> juc t. ' 4. 'l'lt e rtrr,lcrsiqnr'd conBcnc Lo che aoslgn'nonL of tho !4crnbe.rrhtp ilr the AB9.rc iaiion to llro ll'rnk, Pursuan! !o Lho t€rma of n l)c..,1 t f Trus!' A"sitln,na,lc an't Soclrrley &J roomsn ! -datod. May 4, 1984 ("|)eorl ,:f 'tr'usL"i antl a mo<!!flc;rllon aml amon&n€nc to '.ire i:oeo'.of 'l'ruaL ntl(l r)Lher crodlL and uocurlty inscrw$onta .inioO-.luno , I9B'l ( "|'to'ltf lc.1ttonr) ' Such 'r68t'gnnont boin? i'i"ii ii!"!.t'l"iiv'r,lt itre lNvnonu if loane marle bv,Lh-c &ln\ to ino -ii;.iinotulrlp ior rtro puicti.roe rnd lnl:rrovernant. of lhe l.odge ' !r. Tltc un.lcrulqnc\l herel'y c('nscnL Lo any fuLure .. ir jsignr 6llt l)y rlrc llilnk of ibs lntorost [n Lho Mcmbershf P ln tne Asn.rc!allon wlrcre suclr aaoignrnctrL ls ur(lerLaken Plrrsuant to lhe rrc.rv,rc I s r)f Lllc lt,ltty', its sr:ciosr.lgsg or nsslgna' un{ler Lhs teBna ir jl t.he tL.cd l.rf i'. r.rt'. irrt,l tb(liflcaLlon. (r. 'l'llc llll.le l !ll'Jnc'l tlcrsl)y corlsct)g Lo alry f tlturr:. irssigrullcn! l))' th'- rh'P of 'nl t or any parr of its tnLeresL in t.ho IlernburslriP i"n t.ire A"Jsoc !alioll' Lo any Parent. subs i'diary or riuc.:e6f,or in inLrrr'rsL ()f Llre Rrnk. '-T' 7, 'l'he tlrl(lcro !9lte'l l)c elxecuterl ln rjourl LcrparL. ,:cht:ow!eilgog that this collsenL nay 't''!!.:^ ,S. -.2 - Rx ocrrted as of POLAR PARTNURS1II P TE;-.JE'i6'fi i "Fr' iT;o-f - ii6'61fi-r;-[tZfd; DI urrc J. ln zrer n;-a:liiTi' sTA',l't: ()!' co|oR^ln COUNTY 'JF flre aarno .' . : My Corutl! I s rort l{x 1ij. rc a I Address: 06014'L tlr6 dalo 9r lLcen .'tbov e ' vAr l, 'l'M I fJs cllAl'l:'t coNDOYINlul',l ASSiOc IA'r IoN av--.a44 Pe.rsatr;rlL:'f canre l)ofore mo Lhis ---.ul: ii m;;-g"-l [9B4, ihu abovc-trarncd -r,:fGf6iifF;TiT-mi6--i'fi nowi.esuo 1 1.::lIt,lre pdrt,nor "f l-ol.ll l*u"uau. che furca.)rn9. instrunenL a!r such .to be Lhe Person v'no e partnirr of sugh oo'g,",,lliii'l*ui"ie'-nuittoricv' and'rckno,ledsed ' ) gs . l'i '. fit€;r-v -nuEr-r" II B- Atteat VAII, TRAII,S EAST CONDOFT INIUM ASSCTC lATiol'I By--__._- --__...-_4_--It s____. *--'-@--4- l': i^' liliri': 06074 ' t i:.'tt' ,sfATIt or' COUNTY O!' Fo-'t;;-f -Ffrirfi My co|rt,'t lesion lixPrrco t ,\ddreL I ! S'|ATE Of coLoRAD'J COUNTY OT' Pcrsotl I Ly carr|'j l)Lr f()rtl lll(' t')l i ri 1984, Lhe abovc-tr,ttircd A' c' llrll' t') t;tt: who executetl Ltrc foro'.loin1t irl:'f'rumc'lc' gaNr?. g3 'PersollolIyca|nt}beforemc.Lhi"=-.".,-dayof I984. rho al)ovc-nrncrl i;;;.;t-T' t..rai':r anT'-'Dl-ane J' I/:rzier' Lo tne klrown !o.be the Pe!'9or'15 who oxcc tl'r'l tlle foregoin':l in{LruJtlotlL, inrl r,e lilllrw}c(iiJed Lhe soln']' .,.',:,j;,i l:Yr,: r rfi; l-,;;;;fr an(l a,: ).nov I ed9e.1 clre t,l ) Lirry l)ul) L lc My cor nLssic)rr 'llxl)iresI|ddreas: ri)"ii}]:r,r i:i,l" j:I EXHIBIT A AND ,fi|'rr), vrlr vi!rr9e Flftht r.r.1lns,County of Eagle anCl State of colorado 1"ti:,::iil'iltl"lil'!;:u'i'"" i:,i;:;:"ti::!:'fi i;'';:;l"o:1"" "ch"t"i.,-""a "otu piitii"rLtii deacribcd as follous: coa,renclns ':": l"^l:l: i! llirlf i;'}il"'l::,;:"li!::!l ll::l.Hil;""":li"' point b' r"s thc-rtolrru-of ,!ll9"ll,l'n:;::k;;;;; ;ho,,ce North"as terlv li''."ti-rt"itcn- tranch Road and 9?t-"- c:::xo:l"i'n""i""ia alons sald li:li"it,:;i'l::l'.:':"':i,!^li.i:ii:i"i;i:i:;rii"i;;lii.il':::;ll'. l:::;T'"iln'"i ;;qi' ;:":":"'!i; ii:^.1:": ;;- i;;' i 2 .r"o'l-'co' iorn'c :ti; : iili;i:il;:i:ix;:i#'il lii*rill*l,i -i.*,1$: rLl' "90.00r00t', an- arc o li:;,:ri *;iqiftiiiift:;,ii.i:l*::lmt*l+:,i*:=iiii'";,, rhencc o,r a$ ln8re ,ii*llE-lii:";;";:; .;;;e.to-the rlglrE' havrns"i.. ",tru:t r*I-f "*li,-:':i*;:ili:Eliliisil:;li "i",t "il'i'l'"""'"'r'3I.42 feer lo r Pol ii""-'"a "i*r ::::,lrffi*"il1;lii'i:r'liFl+.*i;it**"31"i,3f" i:ii' I "i:' l,l,"l?' ;; ;r;ni ; rh"n" " :l::i l:il,l;i:ii,;;;lil:llt"::il ,,,, l,i::;,i:i i,liiiil,ii.lhi:;;' hli, ili :;i";iiv,n*: "".t,, o, i?i ?l;T,i ,li"iri":i':r':iti:;i:^,1'il";*,' "l"i[;:;;lrol'll.'l'331"""'uCr c c','. Road I thcncc fi ;:i;iili'H.,' ll;13 ;i:.iiiiitii::il,;l';:l :llilu:l"ii';::'::::':l' :iiri" :,tm.r;,i'fi "l'l[ !illii": ":i.itl:?.::li.:".:t ": ::e po rn! I :'i"u;ri,"ins; "o"talnlrrg 8'579'05 squa: l to gho Whi.to ::, and g tve tho 1r grans Csr of Entorlrti!se9, Inc cot.. .f rom rtlt. Lo Polar o( Lhe to lhethc lranF for Par t ner sh iP .rnd managing :he co irans isrB of tha ParlrrershiP to th€ krdgo ae gctr!'rltc tl- - --,;;;;"4t"; wirh stlos and i - conclotninlr:'tl aas')c iatlon terms.-1 t,. I,ire urrrler:slgncd hsreby t?il:"1t"- o" nssi\ n etlL t)y Llte &:rrk :i'rtf or any PnrL ot'iEB li,-:'ii;;;;.;r:"tir,-in trto Assor:ia!ion !(, ulrv lritrcne' ",;:.',;;;;; 1n itrtoress of Lhc lrlnk' 7 ' 'l1re trnd er s i$ ic'l I)c .exer:utod ln co'lnterParL ' airy f'.rture, lnlerosL rn s 'lb! id Iar Y or .rcknowleJqes that LhiJ collsenL nay : r't :1.' ir ti fA'l'E OF I ccuNtY l'ot' 06074. 1 rn!ttOn above' vAtL, Tt{^Ii,s ctlAl'tlT cot'lDO!4Il'1r uM ASSOC IAT ION By- *-- ------ lLs _ _-__----.- }>- tr-rtest, Its VAI [, TRAILS EAST CI)NI)OI4INIUM ASSCC IA'r loN By--..-...---.- I!6 ) ) ) Btr psrsonal.ry came b'!f,oro1116. shl8. llg olv li f"H=.-S;porsorral.lv camc b,lforo rne e,,!o , ' _,-a; rn,r Eiic-fri- to -be' re84, r'he abov':- naml'!,,$kl*'+f:I-;'#itr-"Aioii oJq "'r ll'::.liiil" ;^i li"i"!i- piii"l- p#ffiifiTi]lin.'por:n"t of PoIar Part'ncrallrP' uIr(r !r'v i-in"tr*nint a3-6uch iij-ni 'i.ri" -p"":1?n -::: ^:lli,illool"i,:"::?i.'::?.il "iii"i"in""r "ag "io-r,ii -trr" t)er3on who exccutcd lr)c r.,LsYvr"r lf -an.r acknowledgeil iX t'ii"i'lr'; uclr part'nersrrll: ' bv i'Ls n i'rLhorr!' ^. - ,cho sLne. l o 06074 ' r 06074.1 lrr't a (la an(l r?8 a I -Ll1.,?l?iIi"illlkim6-rrriE-Eri'-,::=.of Va fT-ita-ifii-5tii'c'iho ' icxnowf oclg eil. Lirerne :: :::gn*l!::;{:l;i; i'.:ir:l::i.^ l"iril,::; ;., :i"" :";::u:::::l:i':ll: ;?'i'1:'ii*.i.J?ii'i':i"o-'"k'lrowrcde'nl ihe Bame' .- - -----i :.:iINotarY ru trr ''- , | ';1-:--:-- t)'' s:fATe ct'coLolllil'o I ) 68'"i r.nr pl t'v ofr.vwurrr r v' '' : '' i -ri.';o.o;.r,r1'r" canro bcfore n.o urls -'-,r*iloy of '- ;-', catno b,: to i'lr, rj ':.*rl f ,: :lr;, i\', r ':i ,,1 i. '41R,1 ersb yot l,ot P-Zr colorsClo vail Vlllage Flfth rlling,County of, Eagle a'nd statE of AND A Dart of Eanson Ranch Boad froo Gore Crcek Road to Core Greek Drlve aa'platted ln velt viirii"-rlrlh.rtlt"g' -io'nty of Eagle' scnte tf Colorarlo, and sorp parttlularly deecrlbcd ae follows: Cc.rnnenc lng au a polnt onl ch" Southerly lLnc of Hanson Ranch Road' said Dolntr betng che polni ;; ;;;8;;; of-lire. !outr'u"tcerly curve intersectloa of sald Honson nancn-nlla-l"t 6ttt ct""t-ro"j; thencl NortheaEterly ;! alonp, the Southerly'fl"u-'of "old llanson P'anch Roatl and along sald tAngEnt 32.94 fcet. to a Polnt of -curvel ift"i"u- "f""g said Southerly ' tl-ne and srdnB'! "uii"-tl-lit" iufc havinr a radlrrs of 181'41 fee't' t centrrl nngle of o,:"r9!rr, an arc.dlatai"u oi rqg'gz fect to a point of reversc curvr; theico-tio"c aald soritherly ltne *f :::lg'" reversc curve to Ehe treht i;";iie-i-tioi"-"r zoloo-?utc' a ccntral angle of 90.0otoot'i oo rr" oi"tiilu of 1I.42 feet to a point of intersectLon r.,trh Ehe sourtrweaceiiy:iii"-"t-i"re creck-iriv!; rhon". on-an angle ro rlre lefr of .180'oo,;6r' ";l-.i;r;-"irJ-soutr*.aterly ltne 80.00 feeE; rhence on an angre Ii.il-r.ri'.ie-iao.ooii6;="il..iore-rhc Norrhlre'terry llnc'of ' Hanson-nan"ilnoad-and' along-a curve' to-the rlghc havlng' a " radlus of 2.0.00 ru"'t,1'I-Iui'ii"i-""ir" of-gooooroo'r' 8n arc dlstance or 31..42 fcet.o " poiii of co'po.,nd lu',,"; li"il"-ir!"g sald Nort}n..csEerly ltne and olons eari I;;'";;;';;;e-to.tire-irltrc havtig a radtus of l4t.4r fee!, a """;':;"'il;i; ;;'4t'ii'05;'-;; arc dlstence or rt6'87 feec to a polnE of, tangr:ni; chcnce oro"[ l"lJ Northh'estcrly llne and along sald iangcnt iz'Ia ri"t to a polni "i-"t*"; thence' along sald " NDrth!'catcrl.y Ilnc a"d along a :Yn:,to''iu if gttt'l"uf"g-'a-radlug of 20.00 fccc, " "o"t'11-ui;i;'"f 9o'ootoo"; an aic dlstanc-e of 3L'42 fccc to a Polnt ot-intoi!"tt!'on r'rlth the NorthcaBterly llne of Gore Crcck Boad; ,f,"r,.u i.r-"1-.rii. r" tfre f"ei-"i"iiiO:OOtO9" and alotig sald Northcasterly rr'''o !6'OO fe!t; thenee oi "n ungl" !o the lefr of 180'oor00I and along tlre- southeas tetly,iril oi-tl"n"on Rench Road anit :ill:":,;nt,alf ":t::":ili::,t :?'ili;i':: ;':.':;:'':":";:l:l ;;"b.r;;"i;si -.ontlr;i'''!-a,s: r'os ssuire rce!' 'oore o! lcea' O7LB4 l:."-" ;)./'lt'Sg!.!]!:l rlro 13 l0 os [l{'8'l nrc,)N DE Rs I G-,'.1;, ilslll?,3; ) ? I 17ii;T:'l?:;: )' :" [ 3' " tii?" il :lll I I " ":1": i:'r-f, *o ""v z r -- -J t!ti--'- 'lrE^EAs, r"he A;$oci.ar'i"" 1:,. ll".i,lner oI ccrta'in l'1rd in vair u:.i ii,-, i,.i*l"tii;l* n;:;,i ::.::,;:1,'l?lliio?i'T,i!i" l: "Y::,';"1:l?"1'i,il-"i; iuu r, o na \.TLTEREAS' i)ursuanr to Lhe terms.::'iir"T:i:Iii 3f ,r''" rn.o,poru. ioi"i"O' nyfu" of the Aesocrat-ron'! ";;:.-;;; owncrship llF::iili:,:i,;;i"lt::"lill3?.li"i:"ii"llllnl;;''*' no.. u","r,iX','"i"ll;.lli r*:tif;iil:lii;;;i;it":i"ili?'^:*' l",u lrnt erFrises, Inc ' I nar ,'fl,i:,!;|;'i:" l.:"i::.:li:i:*":::Iili;; ;;i" Par rncrshii) ror d HE!{EAS'-'n?":.'ti:' i'*i!it: :T iL ifiltk " :li -il "l'i::::i::lli T:"' ii'li:;;-o?i';;"'ll';"!"!ill' ;;..pr ,.Lar :l:, :r wi t-h the sarne f'arf ner ilti*li.Hi"$i:*i'trt'*1.1,'$t; r'f rlri'=:r' ;':;";t;'i?' t' !i,r!rRrAr;, -l: :1".:::ltll;: il|i:"n.::"1:i'i"iT"s and to l:ll'':;:"::.ill?'iii'"1, ... \'r'rturlEAS, ":"X:? :::i.?:;t'::: :: ::i"i: ::i:':: tii::iil "r.he Purchuse and,rhc *: $H ;::i:?.::,':l:;"i:*":i.i::"F;',:l;:':l*';l:":";il::::il ( "Darrii" ) ; and h'tlERttAS, tlre partnersn+o'l::i::lu::":::"i11"::;:::;it:i :i'tii:",::'::iH::i" j' ":l::i::l il""i:' "" H oN, r ilr nR u o l" ; " I ",!?? i'u?' :: :, t :ll r?i.'r'l :.,:,u :';" .,1'i :l] t " .' a r'rtl Jtrs Do!rar (9I'( iij ffi .aaa( q{i,}r,rii'rii r'!;' o7 Ls:4 ac}illo'dlr...lge(l,t-hounder'19n€da9r€eandrJtvetileir fo I lows 3 " itr,ri'l' .: i s hor aD:I conaeni. rg I t rans f€r ot l:ntcrPi j.s0 s ' 'Ibe .lnd€ratrJne(l :ll"e prevlou6ly conge r!4/l ro tn'" ,h;";";;;;hi.i ln rlre Aigocla'ion f rom ";rrrc ii"'.'- to t'o lai Pnrr-norsh[P' consent t() thc r rirls:er "I r114 ii""-ii"r"t rarlile r!rhl i) '1 f llt)2,' T']xe u n(i er s i9 ned \1..tml)ers'liP in the, ABn )c i'f r lon l,i!'i t qrl l'al:! !r'-'roltrP ' i4,:,nDcrchi,"l,' il! il';;:;:i?:l .:rr'!'iL"i:i:i:i{i;f .ii,;','.,,.,',", ;f ffi :; il;:;i;;i :;';l',li lil"l':;:.:']4 e':''t ,ne6, ..rr -ul' ".,13!.llt;'i;'i;t i:!i:il'!:L::"1;)i;:i;:Ixillit . i"tf,u- ,fonfa, Pur!utrtr t., the rormt of a l)ae' .n.,,.,,'i,,a secuii..v r#ni.*:iil,f;.,,i' Jn'"!" ff::l]ll.?ii:l 1lt,,i.''S,1tl::::?lly.l;";;;;;;;; d6r.€d J.'rv^' Ie{'4 ( "Morirrca- ti:n"i. Such as;i9nnr;;t'[^l''- 9lvcn. 'rr-recirlty fo! ttre Paymen' ,) f loa rB riadc b). ,no '"go,rX. . ,- ihi P"rt'ntrshtf' for th. Purch.'te ,.n.t-i*"rovg"ent of I he k)'l3e' s. I1te rtn'iergilrner herebv-co?:"'i;.-;;llrlilii'i"'n" l:::i?51::"i,::: ::lil ::'l;'-:l:"i!-::iiu:H"ll*;l* :i';*' r*; :ii'* "i':,,iii :;''' : :.,, " i;;i??::i,3 l. " " " " 6. r:,4 u iar-.rier;,' l:'i?l i;l::i:,-:"'?i::""i:iil,,.i1 l:"t;i:"il:Ji"i!i,:''ii,:li"i::;;",,:;"::""il?,''"il.?'.!1",1?i!.":1".... 'r;* .:ve:r th4 h1n,'. "1 I:.1::i,::]:,^.'l"IiI""i,a.rst(rned consent Ir n r.r,.J rx.(r ,r .rrust "-l n:";i;;..1:t:";r';l:rll';i-*to ur"o own3.,r. iriinsl{Jr af t'lcll l)/ 5i.xul1'rrli'rr!!sl -u otqu'''"' cvnr-'!'{lrlp of tlre Lod'j€' 7''" "'i",;:;; ",.,i,,]i,"i.1' rlli:"H;':l:li' i::"' s i,r.": r :i(",1!1./ conrli'- -2- r)? ltl4 a' ln accorcance yfl\ i\rtlc:::"tI' Parl'rraph 2 o'' :l:.::::;i,l'*:: lili::;l;l;ii"fi ii,::tl .*tlSii;ili::' :r"It" r," ::"1;l;?ffi"ir.ili*;o;:"inl"oililii"'tiii :l:l'iili"i;i":l'1, ;':,',':;;ii";;;; ancl hord iilroctorehi P on beha L l'or,r 'ji'o ','to,nr,o'siri ' irr ;;;ii h;;; iiie exct'uslvc ''oice vith'o'Jl:::...' al\ c,ther respecr-g olssctinq the As6o'irirt)'J ' b, rhe,\aa.)ci.,tig- "1,:lll lli,,1';;:,,:l'::.;':,1,'.',;:,'';3 of ir||y t-':altgftr of the l]"jtnbershil)' llr'"-l JJrlr"r heretry. c' lf t'lre ilernbo!F'hiP.i tr'-!t):ifcr[( ] ttr "1 corrrlorn in i tr,n o""o"i."iolil i':'tt'- ''iiiit "irr 'citflr ;tssci t it'it r:r.'r'Ir' ; ;". ;; l;;il.':l lf :l' :ii?.."i5"i:l*" li:i": *,i::i::? l;I " "-'i:,":: i:': $"'"3n" i.i.' * i;!''';;:;;i ; t ". 1 "'I : i i : bharl oot b()th out\ t ';;t;;;:;-'i; rhe Me'nbershiP an r"hc ilrxe t itne , d. As a conditLon to the cDnsents c:)ntaillc'l here-,.,rny, !::r"::'::":ijli"lit:"*[1""::]' .:l ::":il, :: . :"'" :LlH.H:'l;';: i::;fiii"""u's ilre. ry;reeneni rcratrns r'o forrnat j.cn of t-he r{5 Eo; ii i-itrr-i "t "r september 16 ' I9?6' >er shi'P shalI r'rtitY'l- e. Any t-ranEferce of .the,Mert r.he parki.ng arlocat'i':ne ii'-ttiit'"otta.?19-lty"itul ly 3e}'tarated cn the rlate of t-his *tt"'iit"i'ii'n any.moCifications {:c eucn all.ocat i Jns't lror' tnay itt "ui"uguuittly.rnade-P\:r:ruant. l''o ihc ffi iq: i :.?i' i::' ii;1:,iiiiil filr I ill'rl l; ;':""fi :ii: :':? " " i : ri,.;soc iat-ion dated SeF t' r'vl:' t'ransfcree (other' tltan 111e afcr'JdescribcC eorrCotniniuln u"sot:iot:'on')'tji 'ilt".'"*t"'rs".11!1 .,'1u'r' owll )l: Po'jsc'''s ';:";;i'";;/ i:eneficial lnterest- in ihc Lo(rse' B' T.1e undersig:re'l gc(ncwl errges tlrai t'11i9 collsctrt 'ilay i-re e:(cc'.rt.e,.l in counterParr: ' l::{ e(: ' lt tr'l l'() 1.,,\ ll I'tll'i'l:l:l(li1l I I' 07 ttt4 ;rs ,)!' f lr,' larc v; i f tcrr 'r'i)r:"'4' VAl t''l'lU\tt':i (:'r^t'l:'1''-":ji''' i f ': ttJ:1 ' A:i:ir )r: IA l'Iill i.,;li;;i i: i -;li.-'-r;;i i ;: rr ri;.i;;;'-i '-- i,; z:i;t; r;'ftr'l'li ()lr (:O l,i lilA l'i) c{)ltll'll')l' itt tOSt : vAl L 'tl,Ai i,li l.AsT c()\t)o:41li luii lr s iscret a rY-'f rea6''rur iro-iiiT- l;iiijt tL- ll s i,r:rson,rt.ry cirn,) 't)cf.)rc 1;' rlris - --- .l;'t,{ ,irl v:;.fi. r',j-i;,', 1l!'t;,.i'Ji,,.,i"|'r'ulilil''n;;'r-iciirinipi-iii'i-*ri'i'-'$nowre'tr';erl rri'nsctr r' l:'e r lrr: t)er3o' vrh() t"i.tgliicti r ire [.rerl<:in'J 1r']"::r]":t;;,,t3:i::i:;''] I p"rr.aat",re' "tcll prrtllct:slti1:' ily i'ts artrhorli) I lle Balnl'. iiy (:o:ixn i:i $ ion t:)"Pir(i!i: .i:l{lrsst;: -- ..- 4 - ii.fffii, pur"bTri'r rY' carno be fore. tl:, t;:l:(lay of ,u t i$ii tt' carn o be f o re - rn"' l-lr l -;=Tuiilt o]' t;;Zmf -*';- !es4, the ;U!::l;qid 1:l:':*:' ;l'i,; l;'"u'1i.. "?i'Lgoi ngr qa4. the abovo-na'ncd l::,:'h:' ;;';;l;;d- lh. fcresoi ne i"-xi""" r.o ba r:ho. F,€- t-. ^,..^.. rlia aajne. .li"$il'i.;; lio 'i"xi'"*todse'r the same' My coln'.ni s sion l:xpires | ----.--Address, - - - :----':: I n=tn-*" STATE cQ l.I'1" \ 55 -t_ t ir$*r- *.tr. S ATE OF COI.ORADO COUI Y OF O7IB4 ictary Pu-ol lc . lea ,(, l1 :: , 11|;t)i Personally camo bcfore me this ..- 1uy of :;: -' 1994, ilre abovc-named dlrc.*;----*' \vho ac knovl ed g e.i tlrem s6fi6G'-i o-u;-ft,e l-_and of Vail rrailildiE1Ef------ co nd5frTiiEfr'-EiES6fatio-fr1-ii'tr-Ti-rne knowr ro bd the Persons r"fno {!xecuted t-he foregorrtg--J.,,"i.iuoont as iiuch offlccrs of such associat-ion, by ii-s arlt-horil'.y, and acknowledged the sane' My Commi ss j.orr hitlresg r irExpiresr--_.-.+', -,::' 4ftHJ:,;;ffi; , i"""'{::1t--'iih1.',.1rl;;."$h;i' r.'ame b-ro:re me rrris. /ft oo'-o-' -fu=r==t1984, the abov e-nam-ecl Clrarles H' Cowler,t'hidii9.' yl: hcKnowreogecr l:imsel! t-q be the Secretary-'i'rasurer of Vatl- Trails Ea 8t- i..a-t itf 'rit*.Ag s oc iat ioi, -ui'a - i "'1", In?:i* * :.:: ^::t^?9: ::l "t'';; :-:"Yi;iiliii:" -r"i.i"i"g'- i""i.i " ent a a auch- o rr ic er o r E uch ;;;Ai;ait;; uv ils uitt'oritv, an(l acknowtecsed the sane' g-_---_- s a.1()11