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HomeMy WebLinkAboutPEC150037_Protective Covenants 1965_1450895400.pdf #102537-Filed for Record: Nov. 15,+65 at 11:50 A.M. 187✓353 • I• ' PROTECTIVE COVENANTS i OF VAIL VILLAGE, FIFTH FILING, ;: EAGLE COUNTY, COLORADO • WHEREAS, Vail Associates, Ltd., a limited partnership, is the owner of the following-described lands: Beginning at the NW corner of the SEhNW14 of said Section 8; thence angle left 90°03'57" from the West line of said SE'NW; and along the Southerly line of Lots a and b, block 2, Vail Village, First Filing, 100.00'; thence angle left 29°59'00" and along the Southerly lines of Lots b and c said Block 2, 102.50'; thence angle left 87°25'00" and along the Easterly lines of Lot c said Block 2 and Lot h, Block 5-A, Vail Village, First Filing, 158.61'; thence angle right 03°58'00" and along the Easterly lines of Lots e, f and g said Block 5-A, 90.00'; thence angle right 23.°33'00" and along the Easterly lines of Lots a, b, c and d of said Block 5-A, 89.98' to the North- east corner of said Lot a; thence angle right O1°11'56", 40.42' to the Southeast corner of Lot e, Block 5, Vail • Village, First Filing; thence angle right 97°44'40" and on a curve right, radius 325.89' central angle 0l°05'30" arc length 6.21' to a point of compound h' curve; thence on a curve right, radius 65.80' central angle 22°55'01", arc length 26.32' to the SW corner of Lot 1 of "Plat of the Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village, First Filing;" thence along the Southerly lines of said resubdivision P through the following 18 numbered courses: No. 1 - . angle left 09°08'37", 20.29'; No. 2 - angle right 03° 50'30", 4.66'; No. 3 - angle right 00°03'00", 25.00'; No. 4 - angle left 06°58'00", 2.28'; No. 5 - angle right 03°27'00", 20.47'; No. 6-angle left 05°39'30", 27.47'; No. 7 - angle left 07°23'30", 26.87'; No. 8 - angle left 05°55'00", 13.03'; No. 9 - angle left 01°00'00", 13.15'; No. 10 - angle right 01°00'00",, 25.05'; No. 11 - • angle right 02°57'00", 24.93'; No. 12 - angle right . 01°16'00", 21.58'; No. 13 - angle right 03°12'00", 21.46'; No. 14 - angle "right 01°08'00", 23.06'; No. 15 - angle right Ol°12'00", 27.11'; No. 16 —angle right 04° 46'00", 17.96'; No. 17 - angle left 07°58'00", 6.91'; No. 18 - angle left 04°46'30", 26.61'; thence angle left 12°43'36", 64.36'; thence angle left 15°29'54", [ . i E j • 44.73' to a point of curve; thence on a curve left, radius 174.98'; central angle 00°58'44", arc length ;i 2.99' to the Southwest corner of Lot 14, Block 5, Vail Village, First Filing; thence angle left 75° 38'16" along the Westerly line of said Lot 14, 106.51'; . thence angle right 72°43'00" along the Northerly line of Lots 14 through 18, said Block 5, 136.53'; thence angle left 76°04'39" along a curve left, radius 856.39', i, central angle 00°09'50", arc length 2.45' to a point of '' compound curve; thence on a curve left, radius 70.00', • central angle 30°43'46", arc length 37.54' to a point , of tangent; thence on said tangent 79.37' to a point of curve; thence on a curve right, radius 130.00', central angle 15°02'25", arc length 34.12' to a point of tangent; thence on said tangent 77.37'; thence. angle right 90°00'00", 50.00'; thence angle right 90° 00'00", 77.37'; thence angle left 95°22'23", 55.11'; II . thence angle right 42°49'47", 6.76'i thence angle left 25°57'47" and along the Southerly line of Tract B, Vail Village, First Filing, 100.00'; thence angle right 25°58'00" and along the Southerly line of saidII Tract B 170.00'; thence angle left 90°00'00" and along the Easterly line of said Tract B 198.31' to the Southerly right of way line of U. S. Highway No. 6; thence angle right 90°00'00" and along said Southerly line 360.30' to a point on the Easterly line of the NE of the NW� of said Section on 8• thence angle le right g g 79°44'07" and along said Easterly line 524.45' to a point on the boundary of Vail Village, Fourth Filing; thence angle right 100°40'00" along said boundary line II 200.00'; thence angle left 90°00'00" and along said boundary line 89.99'; thence angle right 106°51'19" and along said boundary line and along a curve right; • radius 70.00', central angle 07°08'41", arc length 8.73' to a point of tangent; thence along said tangent and along said boundary 4.56'; thence angle left 90°00'00" and along said boundary 40.00'; thence angle left 90° 00'00" and along said boundary 4.56' to a point of curve; thence along said boundary and along a curve left, radius 110.00', central angle 24°00'00", arc length 46.08' to a point of tangent; thence along said tangent and along said boundary 204.75' to a point on the Easterly line of the NES of the NWk of said Section 8; thence angle right 79°20'00" and along said Easterly line 134.17' to the Northeast corner of the SE''of the NWk of said 1 Section 8; thence continuing along the aforesaid course and along the Easterly line of said SEk of said NW1/4 465.91'; • { -2- I . • I t 1 ..r. thence angle right 97°00'06" and along the boundary of Tract F, Vail Village, First Filing, 446.70'; thence angle right 69°10'42" and along said boundary 202.56'; thence angle left 56°39'42" and along said boundary 161.92'; thence angle right 90°00'00" and along said boundary and along a curve right, radius 161.92', central angle 28°43'00", arc length 81.15'; thence angle left 90°00'00" 40.00'; thence angle left 90°00'00" and along the boundary of Tract E, Vail Village, First Filing, and along a curve right, radius 126.05', central angle 12° 35'00", arc length 27.68' to a point of tangent; thence along said tangent and along said boundary 106.85' to a point of curve; thence along said boundary and along a curve right, radius 631.00', central angle 08°16'30", arc length 91.13'; thence angle right 90°00'00" and along said boundary 50.85'; thence angle left 60°39'30" and along said boundary 152.00'; thence angle left 18° 40'00" and along said boundary 250.00'; thence angle left 95°20'00" and along said boundary 145.00'; thence angle right 50°26'00" and along said boundary and along a curve left, radius 85.00', central angle 97°45'00" arc length 145.02' to a point of compound curve; thence along said boundary and along a curve left, radius 1466.50', central angle 04°38'18", arc length 118.72'; thence angle right 85°33'48" and along said boundary 54.82'; thence angle left 44°01'30" and along said boundary 97.02'; thenceangle right 143°32'00"and along said boundary 322.05' to a point on the Westerly line of the SES of the NWS of said Section 8; thence angle right 62°15'57" and along said Westerly line 443.41' to the point of beginning, except Block 2, Lot d, Vail Village, First Filing and except Block 4, Vail Village, First Piling. WHEREAS, Vail Associates, Ltd., hereinafter sometimes referred to as Owner, desires to place certain restrictions on the use of the Tracts, Blocks and Lots shown on the Map of Vail Village, Fifth Filing, for the benefit of the Owner, and its respective grantees, successors and assigns, in order to establish and maintain the character and value of real estate in Vail Village. NOW, THEREFORE, in consideration of the premises, Vail Associates, Ltd., for itself and its grantees, successors and assigns, does hereby impose, establish, publish, acknowledge, declare and agree with, to and for the benefit of all persons who may hereafter purchase or lease and from time to time so own or hold any or the Tracts, Blocks and Lots in Vail Village, Fifth Filing, that it owns and holds all of the lands in Vail Village, —3 • • Fifth Filing, subject to the following restrictions, covenants, and conditions, all of which shall be deemed to run with the land and to inure to the benefit of and be binding upon the Owner, its respective grantees, successors and assigns. 1. PLANNING AND ARCHITECTURAL CONTROL COMMITTEE 1.1 Committee. The Planning and Architectural Control Committee, hereinafter referred to as The Committee, shall consist of five members who shall be designed by the Owner, its successor or assigns, to review, study, and approve or reject proposed improvements within the area described in the Map of Vail Village, Fifth Filing, of which these restrictive covenants are made a part. 1.2 Rules. The Committee shall make such rules and by-laws and adopt such procedures as it may deem appropriate to govern itsroceedin s. P g • 1.3 Approval of Plan. No building, out building, fence, wall or other improvement shall be constructed, erected, or maintained on any Tract, Block or Lot, nor shall any addition thereto, or alteration therein be made, until plans and specifi- cations showing the color, location, materials, landscaping, and ' such other information relating to such improvement as The Committee may reasonably require shall have been submitted to and approved by The Committee in writing. • 1.4 Criteria. In passing upon such plans and specifi- cations, the Committee shall consider: • I 1.4.1 The suitability of the improvement and materials of which it is to be constructed to the site upon which it is to be located; 1.4.2 The nature of adjacent and neighboring improvements; 1.4.3 The quality of the materials to be utilized in any proposed improvement; and 1.4.4 The effect of any proposed improvement on the outlook of any adjacent or neighboring property. It shall be an objective of The Committee to make certain that no improvement will be so similar or so dissimilar to others in the vicinity that values, monetary or aesthetic, will be impaired., -4- I ! T • ' f I � 1.5 Effect of The Committee's Failure to Act. In the event the Committee fails to approve or disapprove plans and speci- fications submitted to it within sixty days of submission and no suit to enjoin the construction has been commenced prior to the completion thereof, approval shall not be required and the related covenants shall be determined to have been fully complied with. 2. LAND USE The lands in Vail Village, Fifth Filing, shall be used for the following purposes: 2.1 The numbered Lots in Block 5 shall be used only for row-houses. • 2.2 The lettered Lots in Blocks 2, 3, and 5-A shall be used for apartments, retail shops, service shops, restaurants and tea rooms, hotels, lodges, professional offices and medical clinics. 2.3 Tracts P-1, P-2 and P-3 shall be used for parking and associated uses. 2.4 Tracts A, E, F, F-1, F-2 and G shall be used as open areas or for recreational uses, including parking. No permanent above-ground buildings, other than buildings used for recreational purposes, shall be constructed or maintained on any of such tracts. 2.5 Tract D shall be dedicated to such use as Vail Associates, Ltd. and its successors and assigns shall designate, in- cluding commercial use, but in no event shall such designated use be inconsistent with these covenants. • 3. EASEMENTS AND RIGHTS-OF WAY 3.1 Easements and rights-of-way for roads, lighting, heating, electricity, gas, telephone, water, sewerage, bridle paths, and pedestrian traffic, and any other kind of public or quasi public utility service are reserved as shown on the plat of Vail Village, Fifth Filing. No fence, wall, hedge, barrier or other improvement shall be erected or maintained along," on, across or within the areas reserved for easements and rights-of-way. 4. SIGNS. No signs, billboards, poster boards or ad- vertising structure of any kind shall be erected or maintained on any lot or structure for any purpose whatsoever, except such signs as have been approved by the Committee as reasonably necessary for the identification of residences and places of business. 5. WATER AND SEWAGE. Each structure designed for occupancy or use by human beings shall connect with the water and sewerage facilities of the Vail Water and Sanitation District. No private -5- • well shall be used as a source of water for human consumption or irrigation in Vail Village, Fifth Filing, nor shall any facility other than those provided by the Vail Water and Sanitation District be tised for the disposal of sewage. Mechanical garbage disposal facilities shall be provided in each kitchen or food preparing area. 6. TRASH AND GARBAGE. No trash, ashes or other refuse may be thrown or dumped on any land within Vail Village, Fifth Filing. The burning of refuse out of doors shall not be permitted in Vail Village, Fifth Filing. No incinerator or other device for the burning of refuse indoors shall be constructed, installed or used by any person except as approved by the Committee. Each property owner shall provide suitable receptacles for the collection of refuse. Such receptacles shall be screened from public view and protected from disturbance. 7. LIVESTOCK. No animals, livestock, horses or poultry 'of any kind, except dogs, cats and other household pets, shall be kept, raised or bred in Vail Village, Fifth Filing, except in areas designated for such purposes by the Committee. 8. TREES. No trees shall be cut, trimmed or removed in Vail Village, Fifth Filing, except with prior written approval of the Committee and by persons designated by the Committee. 9. SET BACK REQUIREMENTS. There shall be no general re- quirement for the location of improvements with relation to prop- erty �! lines, but the location of each improvement must be approved I' in advance by the Committee. In determining the proper location for each improvement, the'Committee shall consider the location .�f existing and future improvements on adjacent property, the wishes of adjacent property owners, and such other monetary or aesthetic considerations as it may deem appropriate. 10. LANDSCAPING AND GARDENING. All surface areas disturbed 1! by construction shall be returned promptly to their natural con- dition and replanted in native grasses, except where such areas are to be improved by the construction of gardens, lawns, and exterior living areas, which will be permitted only after the plans therefor shall have been approved by the Committee. 11. AREA REQUIREMENTS. No structure designed for human use or habitation shall be constructed unless the aggregate floor area, exclusive of open porches, basements, carports and garages, shall -6- ,r. • • . be in excess of 900 square feet. The Committee shall determine s • from the design of the improvement whether an area which is partially below grade shall qualify as areas to be included within the minimum permissible area. • 12. TRADE NAMES. No word, name, symbol, or combination thereof shall be used to identify for commercial purposes a house; structure, business or service in Vail Village, Fifth Filing, unless the same shall have been first approved in writing by the Committee. 13. TEMPORARY STRUCTURES. No temporary structure, excava- tion, basement, trailer or tent shall be permitted in Vail Village, Fifth Filing, except as may be necessary during construction and authorized by the Committee. 14. CONTINUITY OF CONSTRUCTION. All structures commenced in Vail Village, Fifth Filing, shall be prosecuted diligently to completion and shall be completed within 12 months of commencement, except with written consent of the Committee. 1 15. NUISANCE. No noxious or offensive activity shall be carried on nor shall anything be.done or permitted which shall constitute a public nuisance in Vail Village, Fifth Filing. 16. EFFECT AND DURATION OF COVENANTS. The conditions, restrictions, stipulations, agreements and covenants contained herein shall be for the benefit of and be binding upon each tract in Vail Village, Fifth Filing, and each owner of property there- in, his,successors, representatives and assigns and shall continue in full force and effect until January 1, 1999, at which time they shall be automatically extended for 5 successive terms of 10 years each. • 17. AMENDMENT. The conditions, restrictions, stipule- tions, agreements and covenants contained herein shall not be waived, abandoned, terminated, or amended except by written consent of the owners of 75% of the privately-owned land included within 1 the boundaries of Vail Village, Fifth 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. 18. ENFORCEMENT. If any person shall violate or threaten to violate any of the provisions of this instrument, it shall be • lawful for any person or persons owning real property in Vail -7- Village, Fifth Filing, to institute proceedings at law or in equity to enforce the provisions of this instrument, to restrain the person violating or threatening to violate them, and to recover damages, actual and punitive, for such violations. 19. SEVERABILITY. Invalidation of any one of the provi- sions of this instrument by judgment or court order or decree shall in no wise affect any of the other provisions which shall remain in full force and effect. ,:`�, C C 3Fd •,EXECUTED this , day of ,.�� 1965. '` •�"s VAIL ASS;v I TES, LTD., Limited x-. te. .Partners By --e-- • rQt'OtkpO Peter W. S- •ert, General Partner ATTE )/:)4By The Vail - ...ration - .eneral P rtner 0011°/ • E �7 Beulah-Parrott, Asst.Secretary Peter W. -ib- t, President STATE OF COLORADO ) CITY AND COUNTY OF DENVER ) ss' The foregoing instrument was acknowledged before me this day of ` 7,-z,re,, ---' , 1965, by Peter W. Seibert, one of the General Partners of Vail Associates, Ltd., a limited partner- ship, and by Peter W. Seibert as president and Beulah Parrott,Asst. secretary of The Vail Corporation, which corporation is the other General Partner of Vail Associates, Ltd. •AP,tSS my hand and official seal. cd COTAI-k 'deripission expires: 4:r.-•-z,-/...2-?, /f‘.7 , ��' Notary Public OF t • • • -8- •