HomeMy WebLinkAboutPEC150037_Protective Covenants 1965_1450895400.pdf #102537-Filed for Record: Nov. 15,+65 at 11:50 A.M. 187✓353
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PROTECTIVE COVENANTS
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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",
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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
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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'; •
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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,
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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.
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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.
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1.4 Criteria. In passing upon such plans and specifi-
cations, the Committee shall consider:
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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.,
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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.
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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
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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
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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
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. be in excess of 900 square feet. The Committee shall determine
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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
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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
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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
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