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HomeMy WebLinkAboutbocc.con.138.2013 RECEPTION#: 597704, 03/14/2013 at $dlak%(tnitsiTRACT## / �! 10 OF 4, R $26.00 Doc Code COVENANTS e7??- Janice K.Vos Caudill, Pitkin County, CO PROTECTIVE COVENANTS GSS PROPERTIES.LLC - NO FURTHER SUBDIVISION THESE PROTECTIVE COVENANTS are made this day of by GSS PROPERTIES,LLC,an Ohio limited liability company("GSS"). WITNESSETH: WHEREAS, GSS is the owner of the real property situated in Pitkin County, Colorado, described on Exhibit A attached hereto and by this reference incorporated herein(the"Property"). NOW THEREFORE, GSS does hereby publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, limitations and obligations shall be deemed to run with the land, shall be a burden and a benefit to GSS, its successors or assigns, and any person or entity acquiring or owning an interest in the Property or any portion thereof. .1. No Further Subdivision.The Property is hereby restricted against any further subdivision into smaller lots at any time, notwithstanding the underlying zoning. Accordingly, no owner of the Property shall be allowed to subdivide the Property into smaller lots or convey, encumber.the Property in any less than the full dimensions of the Property as given in Exhibit A, or attempt to subdivide the Property by any other means, including a partition action or other court order. This prohibition against further subdivision shall not apply to the conveyance of utility or other easements as necessary or desirable for the development of the Property. 2. Development Restrictions. The development of the Property is hereby limited to one single-family residence, one caretaker dwelling unit and agricultural buildings in accordance with the applicable Pitkin County Codes. 3. Covenants Run With the Land. The covenants set forth in this document shall run with the land and shall be binding upon and inure to the benefit of the owners of the Property and their respective heirs,successors and assigns. 4. Enforcement. The covenants, restrictions and conditions contained in these Protective Covenants may be enforced at any time by the Board of County Commissioners of Pitkin County, Colorado. These covenants shall be enforceable by proceeding for prohibitive or mandatory injunction or action for damages or expenses of maintenance. Actual damages may not be deemed an adequate remedy for breach or violation and, in an appropriate case, the Court may award punitive damages. Further, in an appropriate enforcement action hereunder, the court may modify the terms of any conveyance, lien or foreclosure deed to comply with these covenants by including the excluded portion of the original • parcel in the legal description of the document that is deemed to be in violation of these covenants and would otherwise purport to convey or encumber less than the entire original parcel subject to the enforcement action. In any action to enforce any covenant,restriction or condition contained in these Protective Covenants, the prevailing party or parties shall be entitled to an award of reasonable attorneys' fees and costs incurred by the prevailing party in such enforcement action. No violation or beach of these Protective Covenants and no action to enforce the same shall defeat, render invalid or impair the lien of any mortgage or deed of trust taken in good faith and for value, or the title or interest of the holder thereof, or the title acquired by any purchaser upon foreclosure of any such mortgage or deed of trust, although the legal description of the property conveyed or encumbered by the referenced mortgage or deed of trust may be modified by the court to comply with these covenants, as provided above. Any action to enforce the terms and conditions of the covenants contained herein shall be subject to the one year statute of limitations for enforcement of homeowner's covenants as outlined in Section 38-33.3-123(2), C.R.S. of the Colorado Common Interest Ownership Act.. 5. Severability/Waiver. Invalidity or unenforceability of any provisions of these Protective Covenants, in whole or in part, shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of these Protective Covenants. Failure by any pary with the authority to do so to enforce any of the terms, conditions, covenants or provisions contained herein shall in no event be deemed to be a waiver of the right to enforce the same or any other term,condition,covenant or provision in the future. 6. Section Headings. The section headings in this instrument are for convenience only and shall not be considered in construing any provisions of these Protective Covenants. ��pp� IN WITNESS WHEREOF, these Protective Covenants are executed this dd� . day of Nterm be.- ,2012. GSS,PROPERTIES, LLC An Ohio Limi jab' ity Company By: Title: rX 6C4- STATE OF 14.(441 6 ) s. )/ COUNTY OF ry�1V�j �I The foregoing instrument was acknowledged before me this Wy of p `� 2012 by l.d diS7111111411444444 of GSS PROPERTIES, LLC, an Ohio limited liability company. Witness my hand and official seal: My Commission expires: ' 120 tgj • o . , Public MARK BAILY Notary Public,State of Mid County of Washtenew • My Commission Expires Jan. 18 20 , Acting In the County of EXHIBIT "A" LEGAL DESCRIPTION A tract of land situated in Government Lots 1, 6, 7, 8 and 14, Section 15, Township 9 South Range 85 West of the 6th P.M. Being a portion of the Stranahan Ranch as conveyed by Warranty Deeds recorded as Reception Nos. 106364, 110053 and 113671 (Barbier to Sandersen)of the Real Estate Records of Pitkin County, Colorado described as follows: Beginning at the East 1/4 corner of said Section 15; thence North along the Easterly lines of Government Lots 7, 6 and 1 to the Northeast corner of said Section 15 also being the Easterly corner of the Stranahan Wells Subdivision Exemption Map No. 2 recorded in Plat Book 26 at Page 86 of the Real Estate Records of Pitkin County; thence Southwesterly S 46°50'29"W along the Southeasterly boundary of said Stranahan-Wells Subdivision to a point which bears N. 53°03'W from the Northwest corner of that parcel described in said Reception No. 113671;thence S 53°03'E 875.6 feet more or less to the Northwest corner of said Reception No. 113671;thence Southwesterly and Easterly along said Reception No. 113671 S 63°10'W 466.8 feet; S 68°27'W 603.5 feet to the Northerly line of a County Road; S 41°43'E 302.1 feet along Northerly line of County Road; S 51°22'E 520.0 feet along Northerly line of County Road; S 62°09'E 608.7 feet along Northerly line of County Road; N 89°23'E 476.2 feet more or less to the Easterly line of said Lot 14; thence North along the Easterly line of said Lot 14 to the point of beginning. Excepting therefrom that certain tract of land described as beginning at a point 20 feet South of the Salvation Ditch and on the South line of said Lot 6, thence North 100 feet, thence East to the East line of said Lot 6, thence South 100 feet to the said South line and thence West along said South line to the place of beginning.