Loading...
HomeMy WebLinkAboutpitkin.planning.246313303001, 246313303002, 246313303003, 246313303004, 264313303005, 246313303006DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) 2(ny3- /33 -p3-C~~ CA9tENAfa~, Pnnce Creek Village Reviewfor Subdi~nsion Y p~,~R,~'~'""" J Rt~DR: OWN/tV~: Handy, Dnn M pp(;~-"`~""' ~~.~-'-~°- R~~ FEESCXJE: ~ AI.,LOCATEDHOUFtS:~- 910VF.IR. RERffRFfP,LS C~ :.':-. ~MA4RCT14N ~ 8.~.....~. No BOCg l~etrC -,~ " No 80CCOrdI ~~~'~ ~.. Pz: ~-----~---"- N~sa ors: ~'""'""~_"""- ADMIk: ~`~ ~~:~~a~"""""``"`" t~Lar~ek~:~`----~- „aoamr,rrc ~`--`-y--~-~- -. fT'~F":., SubdivisionRewew fig: CA$E''i'Y'r?2: CAS`s TYPB: C 7Yp3: rs!ax ~wvo~. this day of , 1972. c:nairman Pitkin County Planning & Zoning Commission BOARD OF COUNTY COMMISSIONERS APPROVAL AND DEDICATION This Plat of PRINCE CREEK SUBDIVISION has been reviewed and approved by the Pitkin County Board of Commissioners this day of , 1972, and the dedication of roads is accepted subject to the conditions that Pitkin County shall undertake maintenance of such roads only after construction of suc roads has been completed in accordance within Pitkin County specifications and the Board of Pitkin County Commissioners has by a subsequent Resolution agreed to undertake maintenance of same. Approval of this plat does not constitute acceptance of dedicated streets or roads for public maintenance or snow removal, which shall not be granted until after approved road construction at the expense of the land owners and after determination by the Commissioners' of ~+w~irt'justification for County maintenance entered in the minutes of Commissioner's proceedings. This approval by the Pitkin County Board of Commissioners does not extend to utilities, waste disposal systems, or any service facil- ities. Chairman Pitkin County Board of County Commissioners NOTE: Pitkin County has no plans to pave D:inkle Lake County Road and can do only a minimum amount of maintenance due to distance from regularly maintained roads. The interior road system of the subdivision will be maintained by a home-owners association. ACCEPTANCE FOR RECORDING This plat of PRINCE CREEK SUBDIVISION filing in the office of the Clerk and Recorder Colorado, this day of Plat Book on Page . Clerk and Recorder is accepted for of Pitkin County, 1972, in ooooo~ ~ G~~ i CERTIFICATE OF DEDICATION AND OWNERSHIP Know all men by these presents that DAN M. HANDY, as owner and MICHAEL L. STRANG and KATHLEEN S. STRANG, as mortgagees of certain lands in Pitkin County, Colorado, described as follows: containing acres more or less; have by these presents laid out platted and subdivided the same into lots and blocks as shown on this plat under the name and style of PRINCE CREEK SUBDIVISION and do hereby dedicate to the public all rights-of-way and easements shown hereon for public use. Executed this day of , A.D. 1972. r Mortgagees STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 1972, by DAN M. HANDY, as owner and MICHAEL L. STRANG and KATHLEEN S. STRANG, as mortgagees, of PRINCE CREEK SUBDIVISION. Witness my hand and official seal. My commission expires: SURVEYORS CERTIFICATE I' , registered land surveyor, do hereby certify that I have prepared this plat of PRINCE CREEK SUBDIVISION, that the location of the outside bound- ary, roads and other features are accurately and correctly shown hereon, that the same are based on field surveys and that the platted site and the roads conform to those staked on the ground. In witness whereof, I have set my hand and seal this day of , 1972. Surveyor PLANNING COMMISSION APPROVAL This plat of PRINCE CREEK SUBDIVISION is approved by Resolution of the Pitkin County Planning and Zoning Commission i o~U~~~ April 3, 1972 _ COMMISSIONERS MINUTES Tom Daly was present to request that improvements be made to the Prince Creek Road. He made a presenta- tion of why he felt it should be improved. Commissioner Baxter stated that some improvements are to be made, but that the County has no intention of making any major improvements, such as paving. Herb Bartel, City-County Planner informed the Board that the Community School was interested in moving to the Woody Creek area to the Stranahan property. Mr. Bartel presented the following resolution from the Planning and Zoning Commission which proposes a 90 day moratorium on subdivisions: RESOLUTION WHEREAS, county subdivision regulations are authorized by Chapter 106-2-35 of the Colorado Revised Statutes, 1963, as amended, and WHEREAS, the Planning Office has initiat- ed a major revision of existing Pitkin County Subdivision Regulations in an effort to include these provisions, procedures and requirements which have been authorized by the State of Colorado, and WHEREAS, the Planning and Zoning Commiss- ion recommend~ition on these proposed Sub- division Regulations should be deferred un- til action is taken on the pending state legislation c>ncerning subdivisions, and WHEREAS, the intent and purpose of the proposed PitkCn County Subdivision Reg- ulations is, In part, to promote the health, safety and geieral welfare of residents of and visitors ~o the county and to assist orderly, efficient and integrated develop- ment and the Cmplementation of the Aspen Area General °lan and amendments thereto, and WHEREAS, a transportation plan, a wild- life inventorT and an update to the Aspen Area General 'lan are in progress which will provide the basis, in part, for review and recommendaticz on proposed subdivisions, and WHEREAS. many new subdivision app- lications have been submitted and those con- ditions the proposed regulation seeks to avoid are only being amplified, and WHEREAS, field inspections have been made of areas proposed to be subdivided and the public costs and impact on natural re- sources that would be incurred and the health, ~~~~Q~ -2- ~~ 1~ ~,~~ ~'' Handy--Final Plat Motion Motion made by Dr. Barnard: Conditions: r~ 1. A quit claim deed to z of road right of way adjacent to Prince Creek Village, a minimum of 30 feet. 2. Statement to appear on plat concerning central water system or wells. 3. Septic tanks may be used with central water supply to be provided by the developer, to be sufficient in quanity, quality, and availability Seconded by Charley Thomas; Unanimous Vote Peter Guy Marv Reynolds Dr. Barnard Charley Thomas Henry Pedersen 0~~0~~, Eugene L. Seville Associate Mr. Herb Bartel City Hall Aspen, Colorado WILLIAM ATHA MASON ATTORNEY AT LAW P. O 00X 90~ RIFLE, COLORADO e1650 303 625-IHBJ 81611 October 3, 1972 Re: Prince Creek Subdivision Dear Mr. Bartel: Under separate cover I am forwarding the following to you: 1. The linen plat of the Prince Creek Subdivision. 2. Plat upon which you showed the line concerning the septic tanks. 3. Copy of the plat showing the notes were moved to a different location on the plat but contain the same content. 4. The quit claim deed from Handy and Strang to the Board of County Commissioners. Enclosed is our check payable to the order of the Pitcan County Clerk and Recorder for $10.00 to take care of the costs of recording or filing of this plat. When the plat is recorded, will you be kind enough to ask the recorder to send the receipt to 1me, together with information as to the date of signing by the P & Z Chairman and also the date and recording data of the plat. We wish to thank you for the consideration accorded us and we do hope that this completes the Prince Creek Subdivision Plat. Very truly yours, MASON AN SEVILLE WAM:bp Enc. ry (... n t1 l:~ ~~% u ~r ~A ^,. WILLIAM ATHA MASON ATTORNEY AT LAW RIFLE,COLO RADO 61650 July 20, 1971 Pitkin County Planning and Zoning Commission Pitkin County Courthouse Aspen, Colorado 81611 Attention: Mr. Peter Guy Chairman Gentlemen: Mr. Handy received notice of being on the agenda on Wednesday, July 21, 1971. He finds that he is still unable to obtain work from others and therefore, it would not be practicable to take the time of the commission on July 21, 1971. We should like to request that further consideration of the Prince Creek Subdivision be delayed until the second meeting in August. According to my understanding this will be the 18th day of August, at which time, we believe, that we will be in a posztion to ask to be placed on your agenda. Thank you for your courtesy in keeping this matter alive so that Mr. Handy may have the opportunity to furnish the additional information suggested by the Board of County Commissioners. Very truly yours, gYVIJR Atha Mason WAM:ar QQt}(~o~ Eugene L. Seville Associate i ~ ~~, u~` ~~~ ~~. WILLIAM ATHA MASON ATTORNEY AT LAW P. O. BOX 90~ RIFLE, COLORADO 81650 303 623-1887 Mr. Herb Bartel City Hall Aspen, Colorado 81611 July 18, 1972 Re: Dan Handy-Subdivision Dear Mr. Bartel: This letter will serve as confirmation of our telephone conversation with your office yesterday in which we related that we were unable to be ready for the hearing on July 19, 1972, and it was reset for Wednesday, August 2, 1972. Thank you for your assistance and cooperation in this matter. Very truly yours, WAM:ar MASON AND SEVILLE ~~~~~~ • .. I would recommend that some sort of Grading Plan be shown on the preliminary plats in order to establish where the cuts and fills are on the roads. This would help to judge what the access to the lots are and we would not end up with another BruSch Creek Village where some of the lots are completely inaccessible. As can be seen on Lot 3 Block 2 unless there was a 10 foot fill in front of that Lot you would need an elevator to get on it. The opposite applies to Lot 5 Block 1 unless the road is in cut. I would also recommend against lots with access only to the County Road. I doubt the validity of the contours as shown on this plat as they are apparently blown up from a U.S.G.S. quadrangle sheet with 40 foot interval and the 10 foot intervals sketched in between. I would estimate the errors in these contours could be as much as 20 feet which makes this plat quite useless in evaluating the subdivision. I think that the subdivision regulation should require a 5 foot interval plat in order to better evaluate subdivisions. ®~~~~~~~ Eugene L. Seville Associate Mr. Herb Bartel City Hall Aspen, Colorado 81611 303 025-1887 August 3, 1972 Re: Dan Handy-Subdivision Dear Mr. Bartel: During the planning and zoning commission meeting held on August 2, 1972, I agreed to send the following inform- ation to you to be placed on the final plat following your approval: NOTE: *** 3. Domestic water, sufficient in terms of quality quantity and dependability will be available before an individual lot is sold. 4. Sanitation system will be individual aerated package treatment plants. On use of a central water supply system the owner may use an individual septic tank except, however, as to the following lots Tt will be a few days before I can furnish you with the quit claim deed to the thirty feet of the Dinkle Lake Road. We will assure you, however, that this will be forthcoming, We are anxious to get the matter processed so that the plat may be placed before the County Commissioners at an early date. Should you have any questions, please feel free to tele- phone me as we do desire to expedite the approval and recording of the plat. Very truly yours, MASON AN~D /~B~EV~TLLE WAM:ar WILLIAM ATHA MASON ATTORNEY AT LAW P O. BOX BOA RIFLE, COLORADO 81850 OD0~09 MEMO FROM: Herb Bartel, Regional Planner DATE: June 29, 1972 • I spoke with Mr. Bill Mason on June 28, 1972 concerning the resubdivision of Prince Creek Village Tracts from 5 acre lots to approximately 22 acre lots. I indicated that the resubdivision was not recommended because of lack of a central water system to serve the area and that should he wish to proceed, the proposal would be processed under the new regulations, since the resubdivision was not submitted prior to adoption of the new regulations. 000010 "r. `1a r. 1'.andy T3ox '~,^ R; le !'n?nrnr~o Deeu- ,~"r: Ma-r ~;'. '.'~71 ~,~hi Piny ?F, 1?71 the 1','_tlz 'n Cannty Plane in;~ and ~onin~C68mm~ssi on vofied nnanimrn~sly to recomend disapproval !>~ the nrel.iminary plra or, T'rince Creel: t'i11a;;r ibdivirSon. 1'n their. discost~on of the plat the Po7_loz;~inp rea.snns were menrioned as pause for denial: ' i'do utility ;ervi.ce, .e. r•tectricity, i-e?ophene, gas, water. etc., was readr7y available to eerv,~ they subdiv4~ion. •~ E? :'. k'Y' ,.' wll4t-IQn eXi pt~~. 8B i^. -. f r- area to scrv~' a minimum o:~ forty homesi.ter. .,. The area is removed from ade°rnte fir^ an--I i~c~"ce nritection. 'drool bu:~ ~ervicen would have to be ~°xtendcd. These f,actort involve considerable additi_on?1 ~nb'~~ ,exr=ns_, 4. T'he County T•Ingineer ^uestioned the acczracy of the contorr lines n. the plat, and would re., z,: r„ „rad'nq r,'.., _ ri;_- a roar: syetem zai.thin the subdtvis'-on. 5. The Co; my road pro'.::L n- _c~ r_ .:c r l-.' bd t ~i ~ i nn ,.,ould ha~•e to be greatly improved and mai.ntsined for approx~matc'y nn^ and one-ha?!` miles. ~~. Th° tat ~ ^ane "i ch a^~~1 `~-.-' ~._ .. - - ~,, lion '!hat the area is in the midd?e ofMcri ` ca? d,cer•c~'n*rr r;~.n!;r. 7. The City-C,ornty Regional I'lannor has ..tdvised that th+~ e,bdsvision wgn,~ld create a development pattern for the area which may be r~remnture and cause conridcrabl.e unncceesary expense to be born by the rnrn~'y. The area is rural i.n characrer and no nerd for rrban develnpnv~.nt exists. Meaec contact i~~. i f you wish , rther n~ ormati on. incere7y 000011 FTC/pn ."`orrc Iii shop ~crinr. Chairman OFFICE OF BUFLDINO INSPECTOR COUNTY OF PIT KIN P.O. BOx 994 ASPEN, COLOpADO 81911 May 11, 1971 Mr. Dan Handy Box 395 Rifle, Colorado Dear Sir: On May 5, 1971 Mr. Bob Scarrow presented the preliminary plat of Prince Creek Village Subdivision to the Pitkin County Planning and Zoning Commies ion. The following problem areas for the subdivision were discussed: 1. A letter from Harold Johnson, County Engineer, was read which stated his concern over accuracy of contours on the map and a desire to see a grading plan for the road system within the subdivision (copy enclosed.). 2. Mr. Charles Thomas mentioned that photographs of the area would be helpful to the Planning and Zoning Commission, and also, .he was concerned about a possible water shortage in the area. 3. Mr. Herb Bartel, City-County Planner, felt that this subdivision would set a development pattern for the area. He also pointed out that no facilities for fire protection or police protection existed in this area and that no school bus served the area. 4. Mr. Irving Schecter agreed that no fire or police protection protected the area and that no bus service was available. He also felt open apace should be included in the plat. 5. Mr. Marvin Reynolds inquired as to the feelings of the Crystal River residents as to further subdivision. 6. It was pointed out that this area is in the middle of critical deer winter range, and that domesticated animals as found in rural subdivision. increase grazing on land. The Board decided that due to development pressure in the Crystal area, they would visit the area on May 12, 1971 leaving Aspen at 9:00 A.M. If you need additional advice or have further questions, please contact us. ~~ Sincerely, /.~-~ Hal Clark OODU12 suilaing Inepeetor DEPARTMENT OF ENVIRONMENTAL HEALTH AND POLLUTION CONTROL COUNTY OF PIT KIN P. O. BOX I ASPEN, COLORADO 81611 July 14, 1972 Dan Handy 802 West 3rd Rifle, Colo. Dear sir; To confirm our conversation of 7-14-72. In the absence of a central water supply, individual wells and aerated sewage treatment plants with post chlorination and subsurface discharge would be "approveable" although our original recommendation of April 20, 1972, would still stand as being the best alternative. Sincerely, ~~ ~~~ Lamont Kinkade City-County-State Sanitarian LK/tb 000013 May 2s, ls7z O p U Mr. Dan Handy P. 0. Boa 368 Rifle, Colorado Daar Mr. Handy: The Pitkin County PLanming end Zoning Coaimisaioa met on May 24, 1972 at a regal:r meeting continued from May 17, 1972 end canaidered your request for rubdiviaion of land. The Cammiasion voted unanisauslq to approve your preliminary plat far Prince Creek subdivision sub~eet to the fallowing cooditioast 1. Covenants be retarded with the plat and approved by the Coea:iss ioa. 2. Statements ba plated an the plat alexting psssoaa that the County has eq plans to pave the County road adjacent to prop.rty. 3, A method of aeinteaance of the interior road system of your subdivision ba established. 4. Statement be as-de on the plat that Fitktn County can do oniq minimmo meiatenance on the road syatar due to dtatance from regularly arintainad roads. 5. Diakla Lake road should be shown on plat with 60 root dedicated right of wy, Please call us if w may ba of further saratte to you is this mattat. Sincerely, cc: Wm. A. Mason r. o. Boa 907 Rifla, Cola. H/pn Hal Clark Pitkin County Build+ng Inspector for Pitkta County Planning And Zoning Co®isaion OOU014 ~I i RESTRICTIVE COVENANTS OF PRINCE CREEK VILLAGE TRACTS KNOW ALL MEN BY THESE PRESENTS, that Dan M. Handy is the owner of the real property located in Section 13, Township 8 South, Range 88 West of the Sixth P.M. and more particularly (!described on the map, recorded or filed as Document No. in the office of the Clerk and Recorder of Pitkin County, 'Colorado, and having divided said property into lots or tracts to be used exclusively for residential purposes and to protect 'the purchasers of the tracts and parcels of land by appropriate restrictive covenants, does hereby adopt limitations and ;restrictive covenants as follows: ARTICLE I. Section 1. -- Permitted Uses: The property covered hereby may be devoted only to the ,following uses: (i) Those permitted by the present subdivision and zoning ' .regulations and resolutions of the County of Pitkin, State of Colorado, subject to the conditions specified therein; ; (ii) Those approved by the Architectural Control Committe created hereinafter; and (iii) Single-family residential purposes each of which shall be greater than One Thousand Two Hundred (1,200) square feet in area (excluding garages, basements and porches in the computation ~ of such 1,200 square feet.) j (iv) All storage tanks for water, oil, gas, and petroleum 'products shall be buried below the surface of the ground, or screened or fenced from the view of the public. '. ' ARTICLE II. I! GENERAL RESTRICTIONS Section 1. -- Construction and Occupancy: No building, wall, fence, structure or other improvement on 'i said property shall be occupied in the course of original constr- uction until the same is completed and made to comply with the limitations contained herein. All work of construction on such ~ buildings, wall, fence, structure or other improvement shall be ,prosecuted diligently and continuously from the time of commence- ~~ment of construction until the same shall be fully completed ii. Donn~J ' i • except to the extent prevented by strikes, lockouts, boycotts, the i elements, war, inability to obtain materials, acts of God or similar causes beyond the reasonable control of the builder. ~~Section 2. -- Maintenance and Re airs: All buildings and other structures or improvements upon said property shall at all times be maintained in good condition and repair and properly painted. Section 3. -- Temporary Quarters: No tent or temporary quarters, including but not necessarily limited to: a garage, barn, trailer or house trailer, for living purposes or otherwise, shall at any time be placed upon said property except the temporary structures incidental to the~contru- ction of permanent structures or improvements may be placed and 'used thereon during the course of construction of a permanent structure or improvement. No trailer, house trailer or mobile house placed on a foundation or otherwise taxed as real property shall be treated as other than a temporary structure within the meaning of this Agreement. All such temporary structures shall be promptly removed after the period for the permitted use thereof shall have expired. .Section 4. -- Nuisances: No rubbish, debris, objects or materials of any kind shall be placed or permitted to accumulate upon any portion of said property which render it unsanitary, unsightly, offensive or detrimental to any property in the vicinity thereof or to Declarant or to the occupants of property in such vicinity; nor shall azy animal, poultry, bird or reptile be kept upon any portion of said property if there would be involved (i) an odor or noise such as unreason- 'ably to disturb the comfort of any. occupant of property in the ,vicinity thereof, or (ii) any detriment or injury. If any animals or other living creatures are permitted to be kept on said property under the foregoing provisions of this Section 4, they shall be housed within a closed structure or properly fenced areas. No (nuisance of any nature shall be permitted to exist upon said ~ Lproperty. li ARTICLE III. ARCHITECTURAL CONTROL, ARBITRATION AND CERTAIN BUILDING PROVISIONS Section 1. -- Architectural Control: No building, wall, fence, structure or other improvement shall be constructed, placed or maintained upon said property until the plot plans and elevation plans as to the exterior architectura7~ design,appearance, color and location thereof shall have been 'submitted to and approved by the Architectural Committee created pursuant to Section 2 of this Article III, or pursuant to the 'arbitration procedure specified in Section 3 of this Article III. I Said Architectural Committee shall function as follows: (a) All submissions to the Architectural Committee I! shall (i) be in duplicate, (ii) show the address of the party ~ 'submitting the same and (iii) be delivered to the Committee at I 100 West Third Street, Rifle, Colorado, or such other place as may be designated in writing by the Committee from time to time. i -2- 000016 i ~ ~ ~~ ~i (b) Any approval, disapproval or other action by the iCommittee pursuant to this Agreement shall be by certificate stating the Committee's action as having been joined in by at least, i'two (2) of its three (3) members, and shall be signed by such i ,joining members. The action so certified shall constitute the ,.action of the Committee and the certificate shall promptly be ''mailed, postage prepaid, to the address specified by the submitting, ,'party. I (c) One of the two sets of submissions to the Comm- ittee, may be retained by it. The other set shall have the approval or disapproval of the Committee endorsed thereon and shall be mailed, postage prepaid, to the address specified by the sub- I'mitting party unless such party shall elect to accept delivery thereof in person or by agent. (d) If the Committee fails to approve or disapprove .any material submitted to it hereunder within ninety (90) days after submission and to give notice of its action as above required, it shall be conclusively presumed that the Committee has approved such material as submitted. It shall thereupon be the duty of the' ,members of the Committee, forthwith upon the request of the sub- mitting party, to sign and acknowledge a certificate evidencing suah 'approval. (e) If any submission to the Committee shall be disap-' proved, the reasons for such disapproval shall be given in writing 'by the Committee to the submitting party. The submitting party may; 'obtain arbitration in accordance with the procedures set forth in ,Section 3 of this Article III in the event of such disapproval. ~ i Section 2. -- Architectural Committee: i The Architectural Committee shall consist of three (3) j members, who shall be subject to removal and replacement from time' to time by the vote of the owners of two-thuds (2/3) in area of 'said property, subject to the limitations hereinafter set forth. The following persons shall be the original members of the Archi- tectural Committee, DAN M. HANDY and HELEN S. HANDY. Said original members of the Committee shall in turn appoint a third I,member pointed by said original members may however, be removed ~ ~as set forth hereinabove. In the event the then owners of two- ,thirds (2/3) in area of said property appoints successors to the committee, such appointments shall be set forth in writing. Any approval or disapproval of a submission to the Committee pursuant to this Agreement which is evidenced by a certificate ''signed by at least two (2) members of the Committee shall have ir- revocable, shall constitute conclusive evidence of the action of the Committee and may be relied upon by all parties. Failure of the parties to this Agreement to fill any vacancy in the Committee shall not prevent (i) the running of the ninety (90) day automatic approval period specified in Section 1 of this Article III, or (ii) action by the Committee on any matter to the ;extent that any two (2) members thereof join in and consent unanim- ously thereto. , Section 3. -- Arbitration Provisions: In the event of disapproval by the Architectural Committee acting pursuant to Section 2 of this Article III of any material submitted to it, the submitting party may cause the matter to be arbitrated by delivery of written request for arbitration to the Committee at the above address ~t forth in Section 2 of this I~Article, within fifteen (15) days after the mailing or delivery byl~ ;the Committee of the disapproved submission to the submitting party. I! ii ii -3- ~0~~~7 Thereupon, the Committee and the submitting party shall jointly and promptly invoke the services of the American Arbitration Association and cause the matter in dispute to be arbitrated in accordance with its rules. The decision of the arbiter or arbit- ration board so obtained shall be final, binding and conclusive upon all parties. Any arbiter or any two (2) members of an arbit- ration board of three (3), acting pursuant to this Declaration, may sign a certificate which will (i) approve or disapprove mat- erial identified in the certificate and (ii) state the fact of such arbitration. Any such certificate shall be binding and conclusive, may be relied upon by all parties. No certificate or other action on the part of any arbiter or arbitration board shall permit or authorize any violation or constitute any waiver of any the covenants, restrictions or conditions contained in the Agreement. All expenses incurred with respect to said arbitration proceedings shall be borne by the party requesting such arbit- ration. ARTICLE IV. DURATION, ENFORCEMENT AND AMENDMENT Section 1. -- Duration:. All of the covenants, restrictions and conditions set forth in this Agreement shall continue and remain in full force and effect at all times against said property and the owners and occupants thereof, subject to any modification pursuant to Sectio: 2 of this Article IV, until January 1, 1986, upon which date the same shall terminate. Section 2. -- Modification of Restrictions: Modification or termination of all or any of the covenants, restrictions or conditions set forth in this Agreement may be effected from time to time as to said property or any portion thereof by written instrument duly executed by the parties and by the then owners of record of all land then covered by this Agree- ment; provided that any such modification or termination which does not apply to all the property covered hereby, shall not apply to any parcel of land unless the then owner or owners of record of such parcel consent thereto by writing duly executed and recorded as aforesaid. "Owners of Record" as the term is used in this Agreement shall not include any party whose sole interest is that of a lender, beneficiary or mortgagee, under any recorded mortgage or deed of trust. Section 3. -- Enforcement: (a) Nothing in this Agreement or in any deed which the parties may use in disposing of said property shall be deemed to reserve in the parties any right of reversion for breach of any provision hereof, and any such reversionary right is hereby expressly waived. (b) Every act or omission whereby any covenant, restriction or condition contained in this Agreement is violated in whole or in part is hereby declared to be a nuisance and may be enjoined or abated by the parties or by the then owners of any of the property covered hereby. (c) Violation of any of the covenants, restrictions or condition contained in this Agreement shall not defeat or render QOQ~~Lf" -4- I invalid the lien of any mortgage or deed of trust made in good faith and for value, but all of said covenants, restrictions and conditions shall be binding upon and effective against each owner j of any lot within said property who shall have acquired title II thereto by foreclosure, trustee's sale or otherwise. ARTICLE V. MISCELLANEOUS '' Section 1. -- Acceptance of Provisions: !' Each grantee, owner, lessee and occupant of any lot or parcel included within said property shall acdept such lot or parcel and the possession thereof subject to all of the limitations stated in this Agreement. In the event this Agreement is placed of record, ~' each of said limitations shall run with the land and shall be ~ binding upon and pass with each and every lot or parcel of said III property covered hereby. Section 2. -- Construction and Validity: ,' All of the limitations herein shall be construed together, II but if any one or more thereof shall be held invalid or for any reason become unenforceable, no other limitation shall be thereby ~ affected or impaired. ~'' Section 3. -- Waiver Clause. The failure of the parties or any owner of any lot or parcel covered hereby or any other person or entity to enforce any of the ii limitations to which said property or any part thereof is subject shall in no event be deemed a waiver of the right to do so there- ~~ after or to enforce any other limitation. it IN WITNESS WHEREOF, the parties have executed this Agreement on the day of March, 1971. I APPROVED BY d Michael L. Strang i ~' Kathleen S. Strang i Dan M. Handy !~ STATE OF COLORADO ) ss. I', COUNTY OF GARFIELD ) '~ The above instrument was acknowledged before me this day of March, 1972, by DAN M. HANDY. Witness my hand and official seal. My commission expires the _ day of 000019 .! -s- 19 Notary Public PRINCE CREEK VILLAGE M - 53 SUBDIVISION MAPS Are filed with the Maps under M - 53 U~U~ L~ 1, i~ Jlt~ S/Y) i5! nn~^~