HomeMy WebLinkAboutVAIL VILLAGE FILING 5 BLOCK 3 LOT P2 COVENANTS LEGALI L-L'Yo'" I | 12..,
DECLARATION OF PROTECTIVE COVENANTS
IIST-.P..?',
BLOCK 3
VAIL VILLAGE FIFTH TILING
EAGLE COUNTY, COLORADO
KNOW ALL MEN BY THESE PRESENTS, that the underslgned, being
the only o!,rner of the land descrtbed as Lot P-2, Block 3, Vall
Vlllage Flfth Flllng, and a portton of vacated Hanson Ranch Road,
descrtbed on Exhlblt A hereto, Eagle County, Colorado (herelnafter
collectlvely referred to aE "Lot P-2"), and being desLrous of
protectlng property value, and protecting the health, convenlence,welfare and uae of the future o$rners of Lot P-2, does hereby
declare that lt deslres to establlsh certaln limitatlons upon the
future use of Lot P-2 and to provide for the conmon maintenance of
certain improvements and features located and to be located on Lot
P-2,
WHEREFORE, the underslgned does hereby declare and adopt the
following protective covenants, each and all of which shall be
applicable to and run with Lot P-2, Block 3, Vail Village Fifth
Flling, Eagle County, Colorado and a portion of vacated Hanson
Ranch Road, descrlbed on Exhibit A hereto, Eagle County, Colorado:
1. Deflnltlons.
A. "Common Expenses" means and includes all sums
arising from the maintenance of certain improvements located and to
be located on Lot P-2, which shall be borne among those future
owners of Parcels (as hereinafter defined) of Lot P-2 who may be
responslble for such expenses under the terms of this Declaration
of Protective Covenants.
B. "Guest" means any agent, employee, tenantr guest,
licensee or invitee of an Or.rner.
C. "Owner" means each Person or Persons, as hereinafter
defined, owning each Parcel (as hereinafter defined) of Lot P-2, Ln
fee simple, along with the heirs, successors' assLgns and
representatlves of sald person or persons.
D. "Person" means any lndividual, corporation,partnershJ.p, conbination, association, trustee or any other legal
entity.
I ll|ilt ililr llllll lilr llillll ll llllllll lll lllll llll llll
t23358 Oa/22/t997 tt:08e 1727 P395
1 of ? R 36.00 D O.OO Serr J Flrhr, Eegh, O0
E. r'Parcel" means any one of the Parcels into which Lot
P-2 ls dlvlded under the resubdlvlsion plat recorded ln the recordsof the Eagle County Clerk and Recorder in Book _ at Page _.
F. rrl,ot P-2'r means, coIlectively, that real property
descrlbed as Lot P-2, Block 3, Vail vlllage fifth Filing, and aportion of vacated Hanson Ranch Road, described on Exhibit A
hereto, Eagle County, Colorado, and any resubdlvision thereof.
2. Llmltatlon of Use of Lot P-2. Lot P-2, and each of the
Parcels fn shall be used only for the
following purposes:
A. Parking of passenger vehicles having a weight of
less than 10,000 pounds, together with lmprovements assoclated wlth
such use, including, by way of example and not of llmitation, paved
parklng lots and securlty gates.
B. Landscaplng.
C. Underground utll-1ty llnes.
3. Prohlbltl.on on Construction Above Ground Level .
Excepting only landscaping, retaining walIs necessary for the
support of parklng, and other devices associated with the use of
Lot P-2 for parking purposes, no structure shall be placed on Lot
P-2 above the ground level existing on the date of this Declaration
of Protective Covenants.
4. Obllqatlons of Owners. Each owner shall maintaln and
repair lts Parcel In a manner consistent with the maintenance and
repair of other Parcels within Lot P-1, including, by lday of
example and not of limitation, the maintenance and repair of paved
parklng areas and necessary retaining walls, and the creatlon,
malntenance, irrigatlon and perpetuation of landscaping. Each
Oerner is requlred t.o cooperate with Owners of any adJacent Parcel
in the creatlon and maintenance of landscaping and other features
affecttng both parcels (such as retalnlng walls), and bear a
portion of the cost of such activities as set forth herein, unless
such Owners agree in writing to a different aflocation of
responsibiltty. Owners shall be permitted but not required to
cooperate in the lnstallation of irrigation systems. Any dlspute
arlsing from the obllgatlons set forth in this Section shall be
resolved ln the manner set forth hereLn related to DLspute
Resolution.
5. Cornmon Expenses. Unless otherwise agreed in wrltlng
among the participating Ovrners, the Common Expenses shall be made
by egual divislon among the Owners of the Parcels adJacent to the
l.!Jul.|ll,lll!H!!|,[!ll!tl!l!,tltl.l.utlllllllllllll
a-;i-1n-gc.og a o'oo sre J Flrhr, Eelr' c0
CnmPWtp
I u6^Act nd17,rPWr Rtftwro€o
activitles for whlch the expense Lncurred. Each O\ilner havingresponslblllty to pay expenses toward a shared Common Expense as
set forth herein shall be obligated to upay the portlon of the
expense set forth hereln, or as otherwis| agreed In wrltlng wlth
the other partlclpating Owners, to meet tl+ Common Expenses of such
activlty, wlthln ten days of demand by ai Owner who has expended
such Common Expense or proposes Lo incur iuch Conmon Expense. Anydiapute artsing from the obligations set forth in tnis Sectionshall be resolved ln the manner set forth hereln related to Dlspute
Resolutlon.
6. Enforcement and Collection of Conmon Expenses. Any Ownerto whom an amount l-s due under this Declaration of Protectlve
Covenants for Conmon Expenses may collect such amount through the
Dlspute Resolution procedure set forth herein, and the enforcement
of the results of such Dispute Resolution procedure. The
prevailing party in any such proceedtng shall be entitled to lts
attorneys' fees lncurred in assoclation with such collectlon and
dlspute resolutlon effort.
7. T.ien for Nonpayment of Conmon Expense. All sume due but
unpaLd fn I be a llen agaLnst
the Parcel whose portlon of such expenses remalns unpaid for ten
days after demand, and shall, when properly recorded, constltute a
Iien on such Parcel prior to aII other liens and encumbrances'
except only tax and special assessment Iiens on the unit in favor
of a governmental authorlty. If any common Expense shall remaln
unpald after thlrty days from demand for payment thereof, the Owner
claiming such Cornmon Expense may irnpose a penalty on such
defaulting Owner equal to 5t of such amount as Is due, togetherwlth interest at the rate of two percent per month.
To evldence such llen, the Osrner clalming such Common Expense
may prepare a written notice setting forth the amount of such
unpald indebtedness, the name of the Owner claimlng the Common
Expense, the name of the Owner owing such Common Expense, and thedescription of the Parcel subject to the lien created by thts
Declaration of Protective Covenants. Such notice shall be slgned
by the Ot{ner claimlng the Common Expense or the representative of
that Owner and may be recorded in the office of the Clerk and
Recorder of the County of Eagle, State of Colorado. Such lien for
Common Expenses shall attach from the date of the failure of
payment of the Conmon Expenses. Subsequent to reductlon of the
lien to an award through the Dispute Resolution procedure set forth
herein, such llen may be enforced by foreclosure of the defaultlng
Owner's Parcel by the Owner clalning the Common Expense ln llke
manner as a mortgage on real property upon the recordlng of a
notice or claim thereof. In any collection effort or foreclosure,
the prevailing Owner is entitled to recover the costs and expenses
LHull,lllullHlll lllH|lllflllLul lllll llll llr 3
s io f R 3t.oo o o,oo gere J Flrhor, Eute , c0
A
of such efforts or proceedlngs, and costs and expenses for fllingthe notlce or claim of lien, and all reasonable attorneys' fees.
The Ovrner claimlng the Conmon Expenses shall have the power to bld
on the Parcel agalnst which the foreclosure was lnstltuted at anyforeclosure sale and to acquire and hold, Iease, mortgage and
convey the same.
8. Owners' Obliqatlon for Pavment of Comnon Expenses. The
amount of the Common Expenses which is the obligation of each Oetner
under this Declaration shall be the individual debt of the Oernerthereof at the tlme the Common Expense is incurred. Subsequent toor ln assoclat,lon wlth the reductlon of the claim to Judgnentthrough the Dlspute Resolution procedure set forth herein, sult to
receive a money Judgment for unpaid Common Expenses, and costs ofsult and attorneys' fees, shall be maintainabLe without forecloslngor walving the lien securing the same. No Ovtner may exemPt ltself
from llab1llty for its responslbitity for the Common Expenses by
waiver of the use or enjoyment of any of the Comnron Elemente or by
abandonment of lts Unlt.
9. Liabllltv for Common Expenses Upon Transfer. The granteeof a narc h the grantor
for aIl unpald assessments against the latter for any cotnmon
Expenses due to another Or,rner in association with the Parcel belng
conveyed up to the tlme of the grant or conveyance, wlthout
preJudJ.ce 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 beentltled t,o a statement from the adjoining Owners settlng forth the
amount of any unpald Comnon Expenses, wlth respect to the subJectParcel, and any amounts which are projected and may be charged
against the subject Parce1 within a time period specified by the
proposed grantee, not to exceed six months. In the event no
response ls received from any Owner withln twenty days afterreceipt of the request, the prospective grantee sha1I be permlttedto rely upon such fallure to respond as confirmatlon that no amountls owed by the prospective grantor from the Owner failing to
respond.
10. Mainte . For purposes of
carrying o f this Declaration of
Protective covenants, each Owner shatl have an easement for
malntenance and repair purposes withln flve feet of each property
llne comrnon to two Parcels, provided that the actlvltles conducted
under this easement grant shall not be injurious to or interferewith the actl-vitiea on any other Owner(s) on the adJacent parcel.
Owner shall have an easernent for
drainage to traverse any other11. Drainaqe Easementstne purpo@
I |llilt ilil llril lill lllllll ll llllllll lll lllll lll
Each
urface
ill
Ea33$ 6/42/l!9/97 ll:OEt 8727 P39l
4 cf ? R 38.00 O 0.AO Srrr J Flrher, Eegh, C0
Parcel In the manner such dralnage has historically passed, subJectto the provislons hereinafter established. In the event any Or{nerdeslres to reconfigure that Owner's Parcel (the "Relleved Parcel")
in a manner which would affect such historlcal drainage patterns,
that Owner may divert such drainage pattern using a route other
than the historical pattern, provided
(a) that such nodification in the drainage pattern ls
evldenced by an easement establlshed and granted by the ovtner
modlfylng the dralnage pattern, for the use and beneflt of the
Parcel(s) whose dralnage ls being diverted (the "ServedParcel(s)"), the terms of which easement shall be subJect to
the approval of the Owner(s) of the Served Parcel(s), whlch
approval shall not be unreasonably wlthheld;
(b) the cost of the construction of any structure necessary
for Euch change ln routlng, whether on the Served Parcel(s) or
the Relleved Parcel, shall be borne by the Ovrner of the
Relleved ParceL;
(c) that an appropriate guarantee of such payment may be
reguired by the Owner(s) of the Served Parcel(s); and
(d) that the activitles conducted under the modified easement
grant shall not be injurious to or interfere with the
actlvltles on any other O\dner(s) on any adjacent Parcel or
Served Parcel .
L2. Dlspute Resolutlon. In the event of any dlspute among
the Owners arising from this Declaration of Protectlve Covenantst
excepting only dlsputes relating to the use of any Parcel for
purposes prohtbtted or not authorlzed under thls Declaration of
Protectlve Covenants, any Owner desiring the resolution of such
dispute shall apply for arbitration of such dispute under the
Uniform Arbitration Act (or any successor statute) then ln effect
in the State of Colorado. If avallable, the resolution shall occur
through the Anerlcan Arbltration Associatlon, whose rules shall' ln
the event of confllct, supersede the applicable Colorado statute.
Notwithstanding the foregoing, any Owner injured by the acts or
omissiong of another Ovrner may apply for and obtain preliminary
egultable Judlclal rellef pendlng the resolutlon of any arbltrationproceeding. In the event of a dispute regardlng the use of any
Parcel for purposes prohibited or not authorized under thls
Declaratlon of Protectlve Covenants, the complaining Owner shall be
entltled to apply dlrectly for Judicial rellef or may apply for
arbltratlon, reserving the right to apply for and obtaln
preliminary equitable Judlclal relief pending the resolution of any
arbitration proceeding.
ililr ililt llril lll lllllll ll llllllll lll lllll llll llll
323358 O3/AilPgl l1:08t 1727 P395
3 of ? R 3E.90 D 0.00 Serr J Flrhcr, Errh, C0
13. Mlscellaneous.
A. All the provislons contalned in this Declaration of
Protective Covenants shall continue or remain ln fulI force untllthls Declaratlon of Protectlve Covenants ls termlnated, revoked or,lrith respect only to any portion which may be amended, until this
Declaratlon of Covenants is amended as herein provided.
B. Thls Declaration of Protective Covenants may be
amended, termlnated or revoked by the recording of a written
lnstrument speclfylng the amendment or effectlve termlnatlon orrevocation, executed by the Owners, as shown by the recordg of the
Offlce of the Clerk and Recorder of the County of Eagle, State of
Colorado, of Parcels representing an aggregate or,rnershlp lnterest
of at least 75t of the Parcels, provlded, however, that no such
amendment, termination or revocation shall be effective unless
approved by the Town Council of the Tohrn of vall (the "TolvnCouncil"), except as provlded hereln. If a proposed amendment,
termlnatlon or revocatLon Ls submltted to the Town of Val"l, and t,he
Town Council takes no actlon on the proposal within thlrty days
after submittal, the requirement for Town Council approval ghall be
consldered to have been walved by the Town Councll. Such l^taiver
may be establlshed by a recorded certlficate or affidavit of the
Town Clerk of the Town of vall, or by an affidavit of the Owners of
a majority of the Parcels.
C. The provisions of this Declaration of Protectlve
Covenants shall be ln additlon to all other provislons of law of
the State of Colorado and the master Declaratlon of Protective
Covenants recorded for VaiI Village Fifth filing.
D. tfhenever used herein, unless the context shall
otherwise provide, the singul"ar number shall include the plural ,the plural the slngular, and the use of any gender shall lnclude
all genders.
E. Each Owner shall register its malllng address wlth
each other Oerner. AIl other notices and demands intended to be
serve upon an Ovrner shall be delivered personally or sent either by
regLstered or certified maiI, postage prepaid, return receipt
requested, addressed ln the name of the Owner at such reglstered
mailing address.
F. This Declaration of Protective Covenants shall be
binding upon and shall lnure to the benefit of each Owner and the
helrs, personal representatlves, successors and asslgns of each of
them.
G. The lnvalldlty and enforceabillty of any provlsion of
LHUlr.U||Jllul!1,|llullllJflll,ul
lllll llll llll 5
--;a-t n ec.og D o.oo serr J Flrhc, Eern, c0
{
this Declaratlon of Protective Covenants, in whol.e or in part,
shall not affect the val1dlty or enforceabllity of any otherprovision or any valid and enforceable part of a provlsion of thls
DeclaratLon of Protective Covenants.
H. The captlons and headlngs herein are for convenlence
only and shall not be consldered in construing any provlelons of
this Declaratlon of Protective Covenants.
I. Fallure to enforce any provision of this Declaratl.on
of Protectlve Covenants shall not operate as a waiver of any such
provlsJ.on or of any other provision of this Declaratlon of
Protectlve Covenants.
J. Thls Declaration of Protective Covenants may be
executed ln several counterparts, each of $thlch shall be deemed an
origlnal for purposes of enforcement.
IN I'ITNESS IfHEREOF, thls Declaration
have been executed eftective the L1]/day of
Covenantg
, 1996.
P-2 Assoclatlon
A Colorado Non-Profl-
Owner of Wt
rporation
3,
The_ foregoing instrumentday or E_tmtll -, 1996, by
President of P-2 AssocLation.
STATE OF @rrr19g
couNTY oF a\3.-J
My commission expires:
Witness my hand and ol
ValI Vllfge
was acknowledged before me the 3ltt
l-lARra^rt F.elfZ as
q. Jo- at
,{flJllllt,0l -r .i i,
Ol0t ii'1)';. :
ll .r;- r'r'
By:
ss.
tHlll|[lJllHlll !l!|llll!,uf rllLu| rrrrr rrrr [rl
t-;a-i n ge.oo D o'oo sm J Flrhr, Eesr, c0
offlcial
i; ),a l +.ta
1..'+d-'l
'l,tf,i4!.>j1 :'
';.!' '-'- :-
TowlloFvAlL
OFFICE OF TTE TO'ITII dlro(
75$rhoilnclm
vAn*000ftA00 8165t
{l
Duttru, A
JOH N W. DUNN
ARTHUR A. ABPLANALP, JR.
ALLEN C. CHRISTENSEN
OIANE L. HER}'AN
R. C. STEPHENSON
SPECIAL COUNSEL:
J ERFIY W. HANNAH
TELEPHON E:
(97O).17Gt-O3OO
TELECOPIER:
1970) 476-4765
KAREN M. OUNN
cgitriEo LaGAL Aggtstant
L.Aw OFFrcEs
BPLANALP & CnRrsrENSEN. P.C.
THE VArL Brr.r x Burr-orNG
Surte goo
rog Sourx Fnor.rnee Roro Wesr
VArL. CoLoRADo 6r6s7
21 May 1997
Mr. Dirk l4ason
Town of VaiI
Department of Community Development
75 South Frontage Road West
Vail CO 81557
Re: Resubdivision of Lot P-2
Dear Dlrk!
You will find under cover of this Ietter the covenants for Lot
P-2 which have been approved by the Town and executed by !h'president of P-2 Rssociaiion, as weII as our check for recordation
of those covenants. This material is being provided to you Ln the
absence of George Ruther.
It must be noted that the recording information relating to
the plat, to be inserted at the top of page 2 of the covenants,
cann6t be completed until the PIat is recorded. Typicallyt !h+shas been done at the Clerk and Recorder's Office when the plat is
recorded. Please make arrangements for this to occur, or advise me
if such arrangements are not possible.
If you have any questions about this matter, please contact me
at your convenience.
Thank you for your attentlon to this matter.
xcz P-2 Association