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HomeMy WebLinkAbout2019-22 Intent for TOV to Acquire Property for the Protection of the Town's Stream Tract RESOLUTION NO. 22 SERIES 2019 A RESOLUTION OF THE VAIL TOWN COUNCIL STATING THE INTENT OF THE TOWN TO ACQUIRE CERTAIN PROPERTY FOR THE PROTECTION OF THE TOWN'S STREAM TRACT, AND TO PROVIDE FOR THE UNENCUMBERED USE OF PUBLIC PROPERTY PURSUANT TO C.R.S. § 38-6-101, ET SEQ., C.R.S. § 31-25-201, ARTICLE XX, § 1 OF THE COLORADO CONSTITUTION, AND SECTION 1.2 OF THE TOWN OF VAIL HOME RULE CHARTER WHEREAS, the Town possesses the power of eminent domain pursuant to Article XX, § 1 of the Colorado Constitution, Section 1.2 of the Town's Home Rule Charter, C.R.S. § 38-6-101, et seq., and C.R.S. § 31-25-201; WHEREAS, the Town has undertaken efforts to protect streams, stream tracts and waterways in the Town, including the adoption of Chapter 14 of Title 5 of the Vail Town Code, which protects stream tracts in the Town, as well as making physical improvements to stream tracts (collectively, the "Stream Protection Project"); WHEREAS, the Town wishes to acquire the property interest more particularly described in Exhibit A, attd hereto Kd incorporated herein by this reference (the "Subject Property"), toquire unencumbered title to a tract of land that would otherwise be subject to private covenants tha$, if valid, contradict and undermine the purposes of the Stream Poteption Project; and', WHEREAS, the T n Council finds 'it in the best interest of the public health, safety and welfare to acqu re the Subject Property. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. Notice is hereby given that the Town intends to acquire the Subject Property in furtherance of the Town's Stream Protection Project. Section 2. The acquisition of the Subject Property serves the public purpose of protecting the Town's streams, waterways and stream improvements, which are all public facilities and public ways within the meaning of C.R.S. § 38-6-101 and C.R.S. § 31-25-201. Said purposes are specifically authorized as set forth above and pursuant to Article XX, § 1 of the Colorado Constitution, and Section 1.2 of the Town's Home Rule Charter. Section 3. The Town further finds and determines as follows: A. Consistent with its home rule eminent domain authority, the purpose of providing and protecting Town public facilities for which the Subject Property is sought constitutes a valid public purpose within the meaning of Article XX, § 1 of the Colorado Constitution, C.R.S. § 38-6-101 and C.R.S. § 31-25-201; and 1 5/7/2019 I1VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPISTREAM INTENT TO ACQUIRE-R041519.DOCX B. It is necessary and essential that the Town acquire the Subject Property for the public purposes set forth herein. Section 4. Town staff is directed to comply with all requirements of applicable law in the conduct of the within authorized eminent domain action. Section 5. In the prosecution of the within authorized eminent domain action, the Town shall retain all rights and powers lawfully delegated to it by the Colorado Constitution, the Town's Home Rule Charter, and C.R.S. § 38-1-101, et seq. INTRODUCED, READ, APPROVED AND ADOPTED THIS I day of , 2019. .1 1 Ad e Chap , Ma o ATTEST: r `) � 6--� , 1Je�x�l� To,,)„ C 2rk �r_ Tammy Nagel, Town Clerk N OF `6 p7i �' --. 4 -;if z� 4. j X45 o�poRATev 2 5/7/2019 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPISTREAM INTENT TO ACQUIRE-R041519.DOCX Eagle County, CO 201713155 Regina O'Brien 07/07/2017 Pgs: 28 01:35:53 PM REC: $148.00 DOC: $0.00 AMENDMENT Tv PROTECTIVE COVENANTS OF VAIL VILLAGE, ELEVENTH FILING Protective Covenants of Vail Village, Eleventh Filing were recorded on July 26, 1971, in Book 221 at Page 140, of the real property records of Eagle County, Colorado (the"Covenants"). Paragraph 17 of the Covenants provides as follows: The conditions, restrictions, stipulations, agreements and covenants contained herein shall not be waived, abandoned, terminated, or amended except by written consent of the owners of 66% of the privately-owned land included within the boundaries of Vail Village, Eleventh Filing, as the same may be then shown by the plat on file in the office of the Clerk and Recorder of Eagle County, Colorado and filing said amendment with the Clerk and Recorder of Eagle County, Colorado, after obtaining approval of the Eagle County Planning Commission if land is within Eagle County jurisdiction and filing said amendment with the Clerk of the Town of Vail if land is within the Town of Vail jurisdiction. The undersigned being the record owners of at least 66% of the privately-owned land included within the boundaries of Vail Village, Eleventh Filing, as now shown on the plat recorded July 26, 1971, in Book 221 at Page 141, of the real property records of Eagle County, Colorado wish to amend the Covenants. NOW THEREFORE, for good and valuable consideration the receipt of which is acknowledged,the undersigned agree that the Covenants be amended as follows: 1. Section 2.3 of the Covenants is amended in its entirety to read as follows: Tracts B, C and F, hereinafter called the Subject Lands, shall be used and maintained at all times as a vacant and undisturbed open area in its natural condition and no structure, building, or improvement of any kind or character, whether temporary or permanent, may be erected or maintained thereon; no vehicular traffic or parking of any kind or nature shall be permitted upon, across or through the Subject Lands. No part of the Subject Lands shall be used for camping or overnight stays by any person or persons. Nor shall there be permitted,within or upon the Subject Lands, any informal or organized public or private gathering nor any other act by any person or persons(except as hereinafter expressly permitted), which in the judgment of the Owner, may deface, alter, destroy or damage the natural condition of the vegetation or the aesthetic value of the natural environmental quality of the Subject Lands: NOTWITHSTANDING the foregoing, the following EXCEPTIONS to the above uses and restrictions shall be permitted with respect to the Subject Lands: 1. Improvements necessary, desirable or convenient for the provision and maintenance of utility services may be constructed and maintained through or under the Subject Lands; provided that said improvements shall not cause permanent disruption or alteration to the surface of the Subject Lands; 2. The riding of horses, ponies, donkeys and mules through the above described lands is expressly permitted as well as any other equestrian related usage which will not unreasonably affect the natural condition of the vegetation or the aesthetic value of the Subject Lands; and 3. Landscaping of an easement on the Subject Lands by the owner of a lot adjacent to the Subject Lands. 2. Section 10 of the Covenants is amended in its entirety to read as follows: LANDSCAPING AND GARDENING. All ground surface areas not used as improvement sites but disturbed by construction shall be returned promptly to their natural condition and replanted in native grasses, unless such areas are to be utilized for gardens, lawns, and exterior living areas. Every improved building site within the subdivision shall be landscaped according to a plan approved by the Committee. The landscape plans shall be submitted to the Committee at the time of the submission of construction plans and approval by the Committee of either plan may be denied until both the plans for building construction and landscaping have been approved. Notwithstanding any other provision in these covenants to the contrary, easements adjacent to a lot, but outside the boundaries thereof and not on another lot, may be appropriately landscaped by the owner of the lot, but in the event such landscaping is disturbed by use of the easement, the cost and expense of restoring such landscaping shall be solely that of the owner of the lot. Such landscaping may include features such as benches and patios that do not interfere with the use of the easement and do not interfere with or cause annoyance to the owner of any adjoining lot. [Signature Pages Attached] Lot# 4B, Block 2 Revocable Trust Agreement of Holly B. Adams By: — fi , 7:::;L4 s STATE OF Roo } __ }ss: COUNTY OF C, The foregoing Amendment to ProtectiveS.pyenants of Vail Villa e, Eleventh Film ,' a a know -sdge a ore me on..*.s.' 'ay of `CJ\ , 2017, by of Revocable i rust Agreement of+7 oily B. Adams. Witness my hand and official seal. 11111 Jac [ SEAL ] Notary o ictal sig- •ture ....7 ""'ri DONNA J.NEAL Commission expires: I — _ i w MY COMMISSION it FF 78036 ypEyyXPPI�IREppS����:ryryDECWCE�EMppBERR 1y8,,201y7 +•h p , 8Q O€V TfNI VIrW{E 7fJREr 1PNNfm Lot#7,Block 3 Reggie D. DelPante Residence Trust No. 1 and Reggie D. DelPonte Residence Trust No.2 By: The foregoing Amendment to Protective Covenants of Vail Village,Eleventh Filing was acknowledged before me on this 18t day of April, 2017, by Reggie D. DelPonte as Trustee of Reggie D. DelPonte Residence Trust No. 1 and Reggie D. DelPonte Residence Trust No. 2. • State of California Orange County of.._.._r-.. g_._M On before me, Date Here Insert Name and Title of the Officer personally appeared _ Reggie D. DelPonte Names)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand end official seal. Place Notary Seal Above Signature: Signature of Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 . -,rl`�, 'Sil�ri�^' 'sif` '� - c�..r•.a:��.e!..a:..a.v,,e�a.c�a.s... State of California County of 0/' 4 On /�PRIL/9, ZD/7 before me, /i/MI< S, a M, fror4-?ey Date pHere Insert Name and Title of the Officer personally appeared 6 , ANTc Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he/al-m."414w executed the same in MAR S.ROOM his/laer/iY+eir authorized capacity(ias), and that by ��- Commission•2035115 his/her/Nhir signature( ] on the instrument the Ili• Notary Public-California person( , or the entity upon behalf of which the z orange County person(s) acted, executed the instrument. ``` M Comm.E free 017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature: 4'%1 'C/ Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document LrF-jvE 7� Title or Type of Document: (�{jvEyvgrvTS Or Au_ UI1L4 ��11 g EDocument Date: 7' /7 Number of Pages: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: aE-.4le "D- "Dei,i19NrE Signer's Name: D Corporate Officer—Title(s): 0 Corporate Officer—Title(s): D Partner— D Limited O General D Partner— LI Limited Li General C7 Individual D Attorney in Fact D Individual D Attorney in Fact ;Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: D Other: Signer Is Representing: Signer Is Representing: 'moi? ?'p..ufgg'>w fui -ate. s;__, 7, '.r�K.vc'�+ -mac' S+ <. •.:s'_.�_.,.� .` e .4�P_ ._ ..- OO 2013 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Lot#2, Block 3 Fleeger Fami y first . By: Y STATE OF f9—~;(4> } }ss: COUNTY OF( .. } The foregoing Amendment to Protective Covenants ofV i Village, Eleventh Filing, was acknowledged before me on this �` day of_ .4.________, 2017, by as of 1 leeger Family First LP. Witness m hand and a fficial seal. S SS f �`�Y' ,�GQE..ORO ELLEN LOSEY ► 4 ' ♦..ei „ HNetsryr0 0 8010760 Not�'o:f i`al signa ur.r I 1�1�I My Commission Expires ► „Is.. September 7.2020 r Commission expires: o!,, a.1 •, --.6.- # Lot# 5, Block 3 Morning Dew Capital LLC. By: STATE OF 664406 } }ss: COUNTY OF G -Le } The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this 10 day of 1 11>2.1L , 2017, byt as Md of Morning Dew Capital LLC. Witness my hand and official seal. - [ SEAL } Notary' official signature Commission expires: I I/1(1 .20)°) Lot# 10, Block 3 Bernd Jurgen Hintz STATE OF Coforoolo } }ss: COUNTY OF Ea,91 e. } The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this Z$ day of "ler i , 2017, by Bernd Jurgen Hintz. Witness my hand and official seal. [ SEAL ] Notary's official signature Commission expires: menta .TURNER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20104058990 MY COMMISSION EXPIRES JANUARY 26,2019 Lot# 3,Block 3 sV Phili r E. H;\ers ten STATE O tkindO } }ss: COUNTY OFl } The foregoing Amendment to Protective Covenants of Vail tVillage, Eleventh Filing, was acknowledged before me on this Lir" day of -,` , 2017, by Philip E. Hoversten. Witness my han and official seal. l ! 1 u c 9 [ SEAL ] Notary's official sig ture r� VALERIE L GONZALES Commission expires: p , (g } Gcjl cl NOTARY PUBLIC STATE OF COLORADO NOTARY IO 90034042680 MY COMMISSION EXPIRES DECEMBER 182019 4 t LUtBLED: jLED: May 17, 2018 9:21 AM t 1 7? 4,,L_ 0. 1p---- d Pamela N. Jadlos STATE OF (CU, } }ss: COUNTY OF ),,e,Lc } The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this 111 r day of ( /1,,,,i , 2017, by Pamela N. Jadlos. Witness my hand and e ;`icial s KEVIN J FEHR NOTARY PUBLIC s' wt.„ NOTARY ID�5gd43024 Notary ;official signature MY COMMISSION EXPIRES DECEMBER 14,2019 Commission expires: ( Z/('1/ 2.11 7 Jam•ill Ja . S.--------- STATE OF colvrcjo } }ss: COUNTY OF E-c i e. } The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this (3'3 day of mc,,,‘ , 2017, by James L. Jadlos. Witness my hand and official seal. r A ._ ,i t-c. . -,,.,._.. [ SEAL ] Notary' official signature Commission expires: ` vco a5, Q p a0 NATaswA RIVERn NOTARY NOM STATE OF COLORADt NOTARY 1)20164001683 MY COMAISS10t4 EXPIRESNINUARY 25,2920 Lot# 3,Block 2, Parcel 1 Morris Holdings, e . al. By: t i r. Joh fR. Morris STATE OF4ttlad,e,4 } }ss: COUNTY OF 41; ( -} The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this 27 day of )414- '>( , 2017, by Dr. John R. Morris as of Morris Holdings, et. al. Witness my hand and official seal. [ SEAL rY Nota s o� i g nature c � Commission expires: d5/6)6120.2-0 6120.2-Q Lot#3, Block 2, Parcel 1 Morris Holdings, et. al. By: ,,A__, A 114,,,, Dr. Johd R. Morris STATE OF J 0,.4,E } }ss: COUNTY OFJ,j , } The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged befog me on this /s'` day of Ill , 2017, by Dr. John R. Morris as 1 r\AV.` of Morris Holdihgs, et. al. Witness my hand and off ial seal. [ SEAL ] Notary's offici gnature Commission expires: Q,5-706,/2 U a b 1 Lot#3, Block 2, Parcel 2 _,,, /= t l4.1 A / f Jo n.E. Morris STATE OF 1O4 } }ss: COUNTY OF.3+1)(1,\} The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this i` day of Mail , 2017, by Joan E. Morris. Witness my hand and official seal. [ SEAL j Notar 's offici. s . ure Commission expires: 05-16(P l Z v 2.,u ( ) • f OP John R. Morris STATE OF44-1,auf } }ss: COUNTY OFJ.. -} The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this J* day of , 2017, by John R. Morris. Witness my hand and official seal. CiA4 ' CkAA-k [ SEAL ] Notary's o ficis'g a ure Commission expires: 0.SO O ZO ..D Lot#3, Block 2, Parcel 2 Joan E. Morris STATE OF 44,kt } }ss: COUNTY OF rA-- The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this27 day of v- t,11 , 2017, by Joan E. Morris. Witness my hand and offi 'al seal. ///6 s. ' SEAL Notary's offic' s 0 tire [ ] 0 Commission expires: 'O4,(2 d Z.-c> Yin; R. Morris - ^ STATE OF } }ss: COUNTY OF } The foregoing Amendment to Protective Covenants of Vail Vil age, Eleventh Filing, was acknowledged before me on this , 7 day of_ , 2017, by John R.Morris. Witness my hand and off elial seal. A �r [ SEAL ] Notary's offi ' 1 i' ature • Commission expires: 66-A 6/ { Lot# 8, Block 3 Arthur J. Reimers STATE OF Con/ ('6c/ } }ss:Gveenwic at COUNTY OF �i(kc(d } The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this Prik day of )1t . , 2017, by Arthur J. Reimers. Witness my hand and official seal. jeinaA [ SEAL ] tiout Notary's official signature Commission expires: 1 Nntery ptlbrfr,.t,�'rA°� MY Commits, '�"nocress !�'� �xpirQs n j`.y31 ,n,2 Lot#4A, Block 2 ADR Insu nee PCC By: y STATE OF CO 6-A4x3 } }ss: COUNTY OF 3c t-� -1,0, } The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this (014, day of_pt ?1, , 2017, by `7e,1--,r 2-LVS5w I, as D W n o.- of ADR Insurance PCC. i 1 Witness my ha a d of4 eal. ,, ,,, QUAL Notary's officia si j. ure NOTTARYPUBUO STATE OF COLORADO NOTARY ID 2018404065S aN -�ao ""'00" 10"°�"'�O`�i0�"""0i0 Commission expires: ID- k Lot 2,Block 1 B , on A. Rose STATE OF ( 0(o coca O } _ }ss: COUNTY OF I` ,&)te } The foregoing Amendment to Protective Covenants of Vail Village, Eleventh , Filing, was acknowledged before me on this It" day of A Gyri'( , 2017, by Byron A. Rose. Witness my d and offs ' 1 seal. [ SEAL I Notary' official signature PATRICK NOU. NOTARY PUBLIC ( STATE OF COLORADO Commission expires: LI 1 I _1Cq tQ NOTARY ID 20124009801 W COMMISSION EXPIRES 0417-2020 gifild' At/. illYd-e-7- 1 Sarah K. Rose + STATE OF _ 4 } }ss: COUNTY OF -CAL } The foregoing Amendment to Protective Covenants ofail Village, Eleventh Filing, was acknowledged before me on this day of. � j , 2017, by Sarah K. Rose. Witness my hand and official seal. [ SEAL ] Notary's official signature Commission expires: )If I 651 Zi r7 , MICKAILE R BARROS Notary Public State of Colorado Notary ID 20134070434 My Commission Expires Nov 5,2017 Lot# 1, Block 2 Richard W. Severance STATE OF 1 EXAS } }ss: COUNTY OF "IS } The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this \-01---day of M fl' , 2017, by Richard W. Severance. Witness/ y hand and offic.• eal. ' /� ►�� SEAL ry's . i�sig��ture ^_ 0,0 TIFFANY PATCH Commission expires: (Y7j '���c�l O l`ZF Notary Public.State of Texas S4,21,/ Comm.Expires03-07-2020 Notary ID 13057042 5 ?4,1,1eA" 4 N ncy H everance STATE OF'T ,(}s }ss: COUNTY OF 1A ``i5 } The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this tcof day of M qy , 2017, by Nancy H. Severance. Witness y hand and offi '; -al. ,11jib [ SEAL ] Notary's Wita .ig .y re TIFFANY PATCH °`.: Notary Public, Texas Commission expires: Q3)` 7-1—c � %'�' a CommExpires 03-07-702 Natcty ID 13057042.5 Lot#9, Block 3 DATE FILED: May 17, 2018 9:22 AM I, Wendy Kane, Trustee of the Star Tree Trust, record owner of real property located at 3110 Booth Creek Drive, Unit A, Vail, CO 81657, which is Lot 9, Block 3, Parcel A an one-half undivided interest in Parcel C, together with all easements and rights-of-way appurtenant thereto, within the boundaries of Vail Village, Eleventh Filing, acknowledge and agree to the Amendment to Protective Covenants of Vail Village, Eleventh Filing amending Sections 2.3 and 10, as set forth above. 413-- Wendy Kane, 1 stee By: Snowflake Trust (Legal Entity Name Property Held) STATE OF: COLORADO } } SS: COUNTY OF: ARAPAHOE } The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this.1:4day of , 2017, by Wendy Kane as Trustee of the Snowflake Trust. Witness my hand and official seal. 31( 42�,�� r TM,rMyNEELSEN ublic t lorado Notary's official signature State of 0 g Notaryy{Q N 2009h4021021 01 ti My Commission Expires 07-08-2021 Commission expires: Q� p Lot# 1, Block 3 //,;(0,z_. Liis ' STATE OF ec)(6vc ci C } }ss: COUNTY OF 1A-16.0 The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this 1-1 day of Iq p`1 ( , 2017, by Bart Valls. Witness my hand and official seal. Jessica Stoner [ wow PUFUC Notar '• ora ial signature STATE OF COhDRADO NOTARY ID 20164030285 I t ' MY COMMISSION EXPIRES 06/11/20 Commission expires: A/Ltk__ r/O-c- Aimee Valls STATE OF CO(brad 0 } }ss: COUNTY OF Of 0,p IVtO T c-foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this I '7 day of ► -pin ( , 2017, by Aimee Valls. Witness my hand and official seal. $ $ [ SEAL ] Notary's o ial signature Jessica Stoner Commission expires: } 1 t \f2 02 0 NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201640302285 MY COMMISSION EXPIRES 08/11/20 Lot# 15, Resub of Tract E Vanhoops Holdings LP. STATE OF(c) < } }ss: COUNTY OF e7,9,..,fid,,,- } The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged` before me on this 2- day of ./dc- , 2017, by �;c Cis, 1 �1/aoas f1,4,.(--- of Vanhoops Holdings, LP. Witness my hand and •fficial seal. - //' - SEAL I Notary's official signature .2- I � Commission expires: '-'� Z s1 ARY PUBL ANDERS COLORADO IteliVfiCiD20134021561 ritivcrismisskunapues,Rigitt 2021 CARET PADEN ANDERS STATE OF COLORADO NOTARY ID 20134021581 MY Commission Expires April 12,2021 3 Lot#2, Block 1 1n, . a 1 Axel Wilhelmsen STATE OFt�RAI)} - }ss: COUNTY OF �!X✓ } The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this S day of_ LCL___ _, 2017, by Axel Wilhelmsen. Wimy h d and official seal. r( [ SEAL ] Notary's official signatu Aracel$Gerster Commission expires: 30 2021 NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124056677 MY COMMISSION EXPIRES 08/30/20 11' A - n- ie Wilhelmsen TATE OF Ne.)71 } }ss: COUNTY OF t 61 L. } The foregoing Amendment to Protective Covenants o Vail Village, Eleventh Filing, was acknowledged before me on this S day of ., 1(1(. , 2017, by Janie Wilhelmsen. Wi ess my nd and official seal. )JQ/l4 'L_. [ SEAL ] otary's of ficial signatu i Commission expires: (..k5,1/(4):P- 30 20 2 ) Amen S Gerster NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124056577 MY COMMISSION EXPIRES 08 • Lot# 16, Parcel 2 { Donald Zinko STATE OF e_.O 000j TD } }ss: COUNTY OF eek } The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this aq day of Cf1Girch , 2017, by Donald Zinko. Witness my hand and official seal. Ct.:L ' t- [ SEAL ] Notary's offici.4 nature ASHLEYPOGNANT Commission expires: .P‘-p \ (3N c` N NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154017045 W COMMISSION EXPIRES ARK 30,2019 A // Dt-� .04 Donna Zinko STATE OF e„lam,C`4 a } }ss: COUNTY OF 1 J/p tr' } The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this 3 j'd- day of ^Yv\c,*.1 , 2017, by Donna Zinko. Witness my hand and official seal. ." sz_...u.f+.. [ SEAL ] Notary's official signature 4.1 fres: t z o y 20 t- SUSAN A GEI EENE Commission expires: t' � ? NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054045242 MY COMMISSION EXPIRES DECEMBER 4.2017 Lot##6,Block 3 Jose Antonio 0.Farrill Qualified Personal Residence Trust By /Ji1/ . STATE OF }ss: COUNTY OF The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Piling, was acknowledged before me on this _ day of 2017, by as of Jose Antonio 0. Farrill Qualified Personal Residence Trust. Witness my hand and official sear. SEAL I Notary's tai Ficial signature Commission ission expires: G�,�tilfp ri 411 CERTIFICADO DE TRADUCCION José Antonio Castillo Garcia, en mi catheter de Perito Traductor e Interprete autorizado por el H. Consejo de la Judicatura del Poder Judicial del Estado de Quintana Roo y del Tribunal Superior de Justicia del Estado de Quintana Roo con mimero de Registro 362 y 223 respectivamente, y con cedula profesional namely) 4781754 emitida por la Dirección General de Profesiones de la Secretaria de Education Publica, CERTIFICO que la anterior traduccidn del Ingles al Espanol es a mi juicio una frel y completa traduccidn de su original en idioma ingles. Cancun,Quintana Roo a 5 de junio de 2017 Jose Antonio Castillo Garcia, acting in my capacity of authorized Translator and Interpreter by the Judicial Council of the State Justice Department of Quintana Roo and the Superior Court of the State of Quintana Roo with registration number 362 and 223 respectively, and with professional license number 4781754 issued by the General Office of Professions from the Ministry of Public Education, I hereby CERTIFY that the above English to Spanish translation in my opinion is a true and complete translation of the original English version. Cancun,Quintana Roo,June 5, 2017 pp Y'R Rpp Ago 44 tijp, 49: �'` ' � . lot Jose 'n o s lo :o Perito Traductor/Authorized ranslator14;a;to R'� s 1 Lot# 1, Block 2 'lat»c _ ./ Thomas 4 . ► els dam 0 , STATE OF } .� �� }ss: COUNTY OF L-- itl } The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before . �e on this o/3 day of jit ye , 2017, by Thomas J. Huelsk. Witness my hand . d I fici., seal ,,,N„,,,,,H,�„ov r tai• aorAR�' +Ll-. Al At g . 384 t x` [ SEAL ] Notary's officia ature ` -3,,,‘,... 1.'1,,('‘„, '41.31-1C:..`If. "4,,,ofOKI e' a Commission expires: I MON& ary E. H •Iskamp APIP ilir STATE OF( & v } }ss: COUNTY OFa ) The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged befo .'me on this, '' day of �j«in , 2017, by Mary E. Huels rjp. I u„ Witness my h. d d offi al sea . *A'°”` RIS `_ 7,'"'i` s, , U,P Ria � � / ` .? x a�. au1�,1 � [ SEAL ] Notary's o'er si nature ��r►� ;s.`"., x,9.4°$1 ry g <pt*N >'' Commission expires: Lot #2, Unit A BMB Ltd. By: 4 �;/'?'°C4/ j—,67)-( STATE OF CO kYat } JARRED F ARMI.10 NOTARY PUBLIC }SS: STATE Of COLORADO NOTARY ID 0 20164013751 COUNTY OF iNr-a0..Ll oma. } MY COI,NMSSION EXPIRES APRIL 06,2019 The foregoing Amendment to Protective Covenants of Vail Village, Eleventh Filing, was acknowledged before me on this day of rw , 2017, by 1.60 3 QsJ k. as Y I of BMB Ltd. Witness my hand and official seal. [ SEAL ] otarefici: , re Commission expires: °y/U /tc j y Lot#9, Block 3 X1;1 LJL l/ , record owner of real property located at 3110 Booth reek Drive, Unit B, Vail, CO 81657, which is Lot 9, Block 3,Parcel B and one-half undivided interest in Parcel C, together with all easements and rights-of-way appurtenant thereto,within the boundaries of Vail Village, Eleventh Filing, acknowledge and agree to the Amendment to Protective Covenants of Vail Village, Eleventh Filing amending Sections 2.3 and 10, as set forth above. - - k/ a /./. .k t" , '&1A-14-- By: (Legal Entity Name Property Held) STATE OF: -re, ,'q,S } _ } SS: COUNTY OF: l lot S } The foregoing Amendment to Protective Covenants of Vail Village, Eleventh L Filing, was acknowledged before me on this -7-" day of -L,,d, , 2017, by kOciPi 11 .. Setvct -e. . Witness my hand and official seal. 1`/'.! , _ 1 ...,-d, [ SEAL ] Ovary's official signature ,- � KYLcETRtMM R s iy Public , s ATE OF TEXAS Commission expires: t`I /c /Zc2 7c2 • ,-,' " 11/02/2020