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HomeMy WebLinkAboutR88-046 Beaver Creek Subdivision Revoking PUDt Commissioner kr'60A/ moved adoption 8 0 6 0 2 of the following Resolution: BOOK....�L.(Z.�.� BOARD OF COUNTY COMMISSIONERS PA6 ? ,$tffs TL PHILLIPS COUNTY OF EAGLE, STATE OF COLORADO ` �.0 LE �'TY. FCOE50 RESOLUTION NO. 88 -y z5 4 37 PM' REVOKING PUD AMENDMENT APPROVAL TRACT I, BLOCK 3, BEAVER CREEK SUBDIVISION FILE NO. PD- 100 -87 -A5 COLORADO FAIRWAYS, LTD. WHEREAS, at its public hearing of May 12, 1987, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "), upon the application of Colorado Fairways, Ltd. (hereinafter the "Applicant "), based upon findings, approved a Planned Unit Development Amend- ment changing the land use designation of Tract I, Block 3, Beaver Creek Subdivision, from Residential Low Density to Residential Medium Density (hereinafter the "PUD Amendment "), with the following conditions: 1. The provision of adequate space within the project for trash collection and removal; V4 2. The provision of areas for snow storage; d' V4 3. The protection of Beaver Creek Drive and the dwellings below the site from dislodged boulders that could be disturbed during foundation excavation and site preparation; 4. A showing on the final plat, per comments of the Colorado Geologic Survey, that units are located outside of the no -build line; 5. That the approval of the project be for no more than 7.2 units per acre and for no more than 75 units total; 6. The provision of a detailed landscape plan at building permit stage; and 7. Final approval of the project by Vail Associates, Inc., per existing covenants and regulations of the resort. WHEREAS, the Applicant has not obtained the approval of the project by Vail Associates, Inc., as required under Condition No. 7 of the Board's conditional approval; and • WHEREAS, by letter dated March 28, A and made a part hereof by this reference, th e not meet the conditions of the approval, and has Amendment. it 1988, attached hereto as Exhibit Applicant has indicated he will requested revocation of the PUD NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based upon Applicant's failure to comply with the conditions of the Board's approval of a Planned Unit Development Amendment changing the land use designation of Tract I, Block 3, Beaver Creek Subdivision, from Residential Low Density to Residential Medium Density, and pursuant to the Applicant's request, the Board hereby revokes said Amendment. THAT, the land use designation of Tract I, Block 3, Beaver Creek Subdivision shall remain as Residential Low Density, the Applicant never having complied with the applicable conditions. THAT, this Resolution is necessary for the health, safety, and welfare of the citizens of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioner of the County of Eagle, State of Colorado, at its regular hearing held the of , 1988. COUNTY OF EAGLE, STATE OF COLORADO By and Through its 0 BOARD OF COUNTY COMMISSIONERS OLO�Q`9 By: By: o nnette Phillips George A. ,Gates Clerk to the Board Chairman W Donald H. Welch -2- M Commissioner e.'k' seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Chairman George A. Gates --X— Commissioner Donald H. Welch Commissioner Richard L. Gustafson This Resolution passed by gi6t -A)411P ys vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -3- 0 .! GREER CAPITAL CORPORATION 5858 WESTHEIMER•703 HOUSTON, TEXAS 77057 713 • 977 -1568 DANIEL R FEEHAN PRESIDENT March 28, 1988 Ms. Susan Vaughn, Director Community Development Eagle County P.O. BOX 179 Eagle, Co. 81631 Re: Tract I, Block 3, Beaver Creek Subdivision File No. PD- 100 -87 -A5 Dear Ms. Vaughn: Colorado Fairways, Ltd. has not complied with the conditions required for the POD Amendment noted in the letter of May 26, 1987 attached. Based on our current plan for that site, we will not be complying with those conditions and ask that you cancel the PUD Amendment of May 12, 1987. Sincer ly, Daniel R. eehan, President Greer Capital Corporation, General Partner Colorado Fairways, Ltd. This is exhibit A to Resolution No. 88 -46. It was NOT recorded with the Resolution. J. Fritze says not to bother re- recording. 8 -03 -88 of May 26, 1987 • • EAGLE COUNTY 551 Broadway Eagle,Cc,'arado 81631 (303) 328 7311 Colorado Fairways, Ltd. 5858 Westheimer Suite 703 Houston, Texas 77057 RE: File No Gentlemen: PD- 100 -87 -A5 At their Public Hearing of flay 12, 1987, the Eagle County Board of County Commissioners approved your PUD Amendment with the following conditions: 1. Provide adequate space within the project for trash collection and removal. 2. Provide areas for snow storage. 3. Protect Beaver Creek Drive and the dwellings below the site from dislodged boulders that could be dis- turbed during foundation excavation and site pre- paration. 4. On the Final Plat, per comments of the Colorado Geologic Survey, show that units are located outside of the no build line. 5. The project is approved for no more than 7.2 units per acre and for no'more than 75 units total. 6. Detailed landscape plan must be provided at building permit stage. 7. The project must he give final approval by Vail Associates, Inc., per existing covenants and regulations of the resort. Board of County Commissioners Assessor Clerk and Recorder Sheriff Treasurer P.O. Box 850 P.O. Box 449 P.O. Box 537 P.O. Box 359 P.O. Box 479 Eagle, Colorado 81631 Eagle, Colorado 81631 Eagle, Colorado 81631 Eag.e, Colorado 81631 Eagle, Colorado 81631 Colorado Fairways, Ltd. May 26, 1987 Page 2 • The Board of County Commissioners in granting their approval made the following findings:. 1. The project is in compliance with the County Master Plan and the Beaver Creek PUD. 2. That water, sewer, access and other utilities are avail- able to the site. 3. The modification is consistent with'the efficient development and preservation of the entire PUl. 4. The modification does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across the street from the PUD. 5. The modification is not granted solely to confer a special benefit upon any person. If you have any questions regarding this matter, please call this office. Sincerely, Erik Edeen Community Development EE: pm xc: Board of County Commissioners Engineering .Peter Jamar Files Gerry Arnold j Address: 5858 Westheimer, Suite Houston, Texas 77057 Attention: Daniel R. THE STATE OF TEXAS COUNTY OF HARRIS tJ J• V / U J [-) `% U V GREER CAPITAL CORPORATION, a Texas corporation -Z Daniel R. Teehan, President i "Substitute General Partner" 703 Feehan, President S S S SWORN TO AND SUBSCRIBED BEFORE ME, the undersigned authority, by DANIEL R. FEEHAN, to me well known to be the individual described in and who executed the 'foregoing instrument, as President of GREER CAPITAL CORPORATION, as General Partner of Colorado Fairways, Ltd., a Texas limited partnership, and who, after being duly sworn, acknowledged to me that he executed said instrument as President of GREER CAPITAL CORPORATION, as General Partner of said Limited Partnership, for the purposes and consideration in said instrument set forth and that he has read the foregoing instrument and that the statements and recitations made therein are true and correct. IN WITNESS WHEREOF, I have my official seal this a3 `1day State and County aforesaiU. My commission expires: hereunto set my hand and affixed of Jane , 1987, in the NOTARY PUBLI n and for the State of T E X A S 6nST� '- X S12ad- (Print Name) -18- .4 Y . •'g it'•' ;a 5. awl.' -a . *tiler wart ur.. • tsr rt . a D ta__ .at �. vW_ws Y -�., + - .. tii7ilS i?t Made this tt Y'of April ? 14$rj , bettteen t4 '` +..0!IMNET r Ott LLIjt s , YA.L ASSOCIATES. rINC A_falorsdo Corporation rtit�LE 0Y 1 �, LFR�`�s"� y �t�t+ s ctxpnrataon duty or>taniztid and rxis•rng u: .p and by v(riw a{ tht loose of MAY'_ �! 06 Rn the state of Colorado of the first Pam and COLORADO FAIRWAYS. LTA , A-Texas imit4d1 ate. Partnership`s whose leliat address is c/o Michael B. Goodwin. 11 Greenway- Plaza,HCUStori. of the count, of an! state tt Texas of he sernna par!:- -•"`°' ,_+a rMINFSSETH. That the said f•artt of the first part, tot and in rnr•.s,derat :•-n of the ,u•n of [THREE MILLION SIX HUNDRED FORTY THOUSAND ANL 10/100 --- - - - - -- -2o the said party of the first Part in hand paid in the ,ad pan Y "�'' - :nf the second psrr $it recr:tptsvlterwf is beteby contessed and acknow•WRed has granted, haryarneJ wid an! conveyed ';d by these ptesenta does �rttnt; T+ bargain. sell tartvey and centfirm unto the sad part y y '.•= of the seetm 1 psn.. i t5 s bti s ind is f left rer, all of the folhr for - tes•:nhe.l lot ._ or partet 01 land, vino re. Ivinr Pnd LeinR•M the t: i County of Eagle and Ymt of G:lnradr> to- w tt Deaver Creek Subdivision, Eighth Filing -Tract I. 91or ','acco ling to the final; plat thereof recoroed December 26, 1984 in Boci 493 at Page 139, County of,Eagle State of Colorado. (Hereinafter known as "the pre. ^.rises j srse ; qR also knout as snect an•1 number • ` � ` y TOGETHER with with It and singular the hi rnlit:.me •m and appurtenances. therh.ntn txrionginn. .s; e ,appettaututg, and the rrversaun or reverr.i.o•ts, r,m,ur•!rrr.. rrwv. iswts and prutits to rert aril tli the retort, ZiRltt, tltk, intarest. claim end demand whalsuever of tht: Batt' party of the first par*, either to Inc or equity' M in ttJiQ i c ji to the atiove bargamed premises, with the hereditrments and appu►tensoces ; c Ii 5 70 11AYE AND TO HOLD the said premises above hapgrina5 Nod described. with the oppunensncei unto ihr f said part y of the wond liart, its _ .heirs std ct••ts forever. 'And the sand PAIL ASSOCIATES, INC., A Colorado Corporation " i •wr v of the first part. tocitselt, attd its ►uceessors, does corrnant, grant barrrm :n.1 agree to and with the sa. part y ' of the second par!, _.i tS heirs -%nd assigns. Chit at the titre of the enseiling arts' •-hv. ^: of these presents it is weFi .r wired W the premises above conveyed, as of a gtwd. sure, perfet.Y, absolute an incuteastble estate o! inheritartca ; ".1n law, In fee simple, and has grr,d right, full ptw-er and lawful authority to Frant.!a:trgain. sell 'and - convey the fame } in manner anal form afuresaad and that the same are free an clear from all forte r and other gr,rtS bargains sales Sens taxes, assessrmnts anJ mt-ambr.antes of whatever kind or Mature solver _ 7 43e' S ' .. -' 4,..3 • =;.- .. ,.'., ,� •. ;, "„'t sill+. s r :• }�_i` -' :• ot:' ' �.�cr �T �.{ Except chose shown on Exhiblt.A attached be­! and made a par; hereof .esd the above bargained prrmises'in the quilt and peareable possession of the said p rt y of the second part LS ,.4 heirs and asu ns, s"insi all and even' {tenon or permins tav� -fully Wining or w claim the whole - or any part thereof. the said patty of the first part t nalland will WARRANT AND Ft )RLV1.1' DEFEND. llli WHEREOF, The sans party of the tint part has caused its torputne nurse to be hereunto ri ►absorbed by -its ,.-.Vice president, and its cutpitate atal to be herru ita affixed tiestsd ay d, Assistapt l icii— y,�thl dtr Wo year tint above wntten - s' Yai1_A,sucnates,C raLCy -,, sist.tut Secretary'^ ,, atiGn +.�. t* STATE OF CULORADU > f►yts a'i. __ a�, +.t °.�-:7 rt Cuuntyof�?stdJC�R v .. ! ` ` >r�y 'tAe foregoing instrurnert! was actnowkdf ed be' are rte this ain't ^dav of . April - 'ib185 sy_t Jeck.Acuffr t.. 1L a "g. Vite iire,tdtnt awl r�!...,+ -aJean �A. Uenn�soni •ufs t s, •..f ' •6 tt 2 -�J�yB iattant.Si. rrrtrv�y! i *? � II, ASSOCIATES.', INC., ' t�' �Z} > K v 4 i :R t1tkU ��`A s. <'' ..� J,ty ttotarat entnmuaron esMrcs y.t 1t t't . ! tE�LEIs 4�u f., ^� � ••M..r �'�' .. i A.ivrtness my htnJ and nffitul scat u+a. V i%i t T {t/y j '; � ♦ ta4 �✓ '�'! _ ,�ta r - � r Lt� C t t � _ - ".cf ?r h t.� .. - :�Q t •1�s__ Z4�� :: ,p'it T _ `h i . ` �`A' .i. p: ?r! Nq. 408 .C••• •� WARRANTY O[ED— Co�rww.r p.— a►cnstR ., �. :. ., R'�p�'syl2ra�o 1R 1� 'fit /x°'[tt 1A 21 .. �a'viatd0 2;)� =mac r \ OYA� .. sett` t'�. F y '� • � t'.' -� S5 -''bt, ia�' -� ay. i},36i � N Lt�"F b �.. d 1 i.•i n TF 8: ` + (Attacned to and forminq part cf a warrant, Deed dated April 26, 1985 from Vail The. to Colorado Fa i:wav° , TA .1. 1:l t '��. : Lxr r•i'T ti1yC - . • - «_.. ._ _ T - ,t - may. le t:nitei Cta•.,s (Latt•n *. res- tc•arti�n 73�Y 2. Easements aria ri.lh_s-.,f-way of record for roads, eques- trials+, pedestrians, skiers, ditches or utilities, including b-it _ s not limited to those shown on any recorded plat of Beaver Creek `r� Subdivision and in par- icu'ar the plat of Seaver Creek Subdivision w Eighth Filing urract T, Rlnok 31 roomed -ed 1)+•(-etr.tx!r 26,.1984 in BOOK 403 at Pgae 139; X4. J. The lien of taxeti and assesa:nents of gorWrnmencal and Y t quasi- gove,rament.al distric• -s tur r.h:- year of closing payar,le in ; +ti •6 the following year; -4. Am- -�nded an: nf.atat;•d Cean•.r.al ')eciaration for Beaver Cr.lFK Subdivision rt•cur i,•d ')-zs;rt.t>ar ..7, 1979 :n 0ook 296 at Page 44b of the record:: of Fagt+. ;'ourrty, and ai l amendments and supple- 1, t ments thereto includi ^.a, D'lt not limited to, Supplemental Declara- tion of Land Use Restrlctlons p- :rtaining to Tract T, Block 3, '• Tir, .: Beaver Creek Sabah vision ^ ighth Oiling record -d March 14, •.1985 nook 408 r-- Pa^yn 633 of the recor:ls caf Fayl,.r County, Colorado; u = f 5. Any interests, rl4ht -s or f:as"ment.9 in _` -d VCC Of the State 3fi a�K a of Colorado, th.2 °.ni tad `states o: hmer ica cr the tieneral public + y which exist Or are claimed to exist on or over the waters and past _`� y. x and present_ tx•d and h.a,tks of B4 --r Cteek .and the Eagle River, ' ,. = f� F.' 7oning reatalaFions of ra,:' our.ty, Colorado p_!rtaiiingi ' A to the Premises *� 7. Easement and right -of -way as granted to the Mountain .1y r a • States Telephoif- and Telegraph Company by Au,tin G. offerson to tr document recorded January 5, 1949 in Rook 135 at Pago 3G. c 1 .r t S. Beaver Cr -a,k R.aeort Company and liens, if any; and a 9. 'rhea mat.ters set. _'orti. in Parts S + anal r t ( of this Fxhir <`f; it Par`p' of the First Part rnrreby reserv•�n on - asament ten feat ` F s in width aiong each proper • y i i ne fit t he Prrmrsrs wh:on eas.rn< alit 'r >� 5 may be used by Party of tt,-• F'tcst Pftrt, its succos::ors and as- 9'.7ns, for the instal lat ton , mainterance and r,-Nlac -mont of utili - ;_ ties and drainage fact ities inclu•iin•T, L•ut nut limit. d to, Storm drainage, sanitary sewer, watcr.,ano undorgruuna electric»/ iir• -es , ` 4 gas lines, .telephone lin,�s and ar.L television faci 11':.i.as. r r III. PUrLnlN., I,INrTATION.e The m :imum numlxr o. dweiliny ur,trs (as h.­ -Ir)efter d- sn.edr and the amount of square tees or_Q(.mtnt,r, ial spa •e .r•iCr. naj he e �t'I�v -1 .r~R#- »,:•w� .:,y r•�tl .tx. � t. n¢ �.'� a z n'C•.. p'!j yqq C;� .}. +. '... ,t�l .ij .?.%.; SWWSrtYe / L .a -'n i N FI -`^ 1 4 K1"�,�. R MaF'C dit• +t :' } Zy Wi i� constructed on the Premises is 52 dwelling units and zero squares• feet of commercial space. Notwithstanding the foregoing;,; w '_ r (a) if 52 dwelling units have not been substantially Coot— '`vfti'"t pleted on the Premises by September 1, 1991 and an tutF s. conditional certificate of occupancy issued by the.gagie - County, Colorado Building Department 4: (or if such tificate is not generally issued by the Building Depart (;y, ment at such time, a certificate of an architect licen8 ed to do busit.ess in the State of Colorado and reasonab =t ly acceptable to Vail Associates, Inc., stating that +' such dwelling units have been substantially completed on, the Premises by sucn date) , only the number of dwelling S z • units substantially completed on the Premises and for r,Y which an unconditional certificate of occupancy has been granted as of September 1, 1991 may be constructed on7Try the Premises; and (b) the maximum number of dwelling units which may be cc a J. ' structed upon the Premises may thereafter be increased �._ to 52 dwelling units by an instrument Associates, Inc. and recorded in the signed by Vail- real property ree f` _ y..: ords of Eagle County, Colorado. As used in this Exh3uit, the term 'dwelling unit" shall haveY' the meaning specified in the Master Plan Revision 111 for Beaver Creek• approved by the Board of County Commissioners or Eagle County,: Colorado, on February 1, 1978, as amended from time to time kr N r ' 5 ', s ✓hEt a ..i 1 J2- J '}�`.Y�Sr�J \ -•+ +s \ir Z. � 1. ,.i: ` ! � � Y w'2 � r t ;?+;,.,�ap+;1a��I,��Rs,' y��'L.�/�►a�L *a: �� Z;�t•�►"r ( 4�