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HomeMy WebLinkAboutbocc.con.009.2003APPROVED CONTRACT FIRST AMENDMENT OF PROTECTIVE COVENANTS FOR CHAPARRAL ASPEN PITKIN COUNTY, COLORADO This First Amendment of Declaration of Protective Covenants for Chaparral Aspen (this "First Amendment") is made by Woody Creek Ventures, LLC, a Colorado limited liability company (the "Declarant"), this ~]_~day of January, 2003, for the purposes recited herein. RECITALS A. The Declaration of Protective Covenants for Chaparral Aspen (the "Original Covenants ') were recorded in the ~eal property records of Pitkin County (the "County") on August 14, 2001, as Reception No. 457541. B. Declarant wishes to amend the Original Declaration in the manner set forth herein. C. Section 10.02 of the Original Declaration provides Declarant the "absolute right to amend any provision of [the Original] Declaration ," from the date the Original Declaration was recorded "until the closing (i.e., recording of the deed) on the sale of the first six (6) Homesteads by Declarant." D. Fewer than six of the Homesteads have been sold b~ Declarant at the time of this First Amendment. WHEREFORE, Declarant l~as executed and caused to be recorded this First Amendment pursuant to the Original Covenants, and the Colorado Common Interest Ownership Act for the purposes recited above. 1. First Amendment Controls. The provisions of this First Amendment shall supersede and take precedence over any part, or parts, of the Original Covenants which are in conflict with the provisions found herein. The Original Declaration as amended by this First Amendment shall be interpreted as a single document which shall be referred to herein as "the Declaration." 2. Defined Terms. Any terms found in this First Amendment, but ~vhich are not defined herein, shall have the definition ascribed to them in the Original Covenants. 3. Modifications in Section 2.23 of Originai Declaration. Section 2.23 of the Original Declaration is hereby deleted, and the following inserted in substitution of said Section 2.23: 2.23 Final Plat shall mean the Subdivision Exemption Plat and 1041 Hazard Review Site Plan for Chaparral Aspen recorded in the real property records of Pitkin County, Colorado in Plat Book 55 at Pages 41 through 43, inclusive, as amended by the First Amended Plat, thereof, recorded October 15, 2002 in Book 62 pages 9%101 as reception no. 473441, and any amendments thereto as may be duly approved by the County. First Amendment o1' Declaration of Protective Covenants tbr Chaparral Aspen I)cccn~bcl-, 2002 Page 2 4. Modifications in Section 2.38 of Original Declaration. Section 2.38 of the Original Declaration is hereby deleted, and the following inserted in substitution of said Section 2.38: 2.38 Roads means those roads shown on the Final Plat, and includes the main access road known as Chaparral Drive, which intersects with Upper River Road, and Discovery Way, which intersects with Chaparral Drive as shown on the Final Plat. 5. New Section 2.41. The lbllowing provision, to be inserted as Section 2.41 at the end o~' Article 2 of the Original Declaration, shall be a part of the Declaration: 2.41 Rural and Remote Owner means the person or persons or legal entityholding record title to a whole Parcel in the Chaparral Aspen Remote Parcels First Amended Subdivision Exemption Plat and 1041 Hazard Review Site Plan recorded in the real property records of Pitkin County, Cotorado on December 12, 2002 in Plat Book 63 at Pages 75-77 as Reception No. 476017. For purposes of the Declaration, only the owner(s) of 100% of the fee interest in a single Remote Parcel shall be a Rural and Remote Owner. The subdivision created by the filing of the Plat described in this section shall be referred to herein as the "Remote Parcels Subdivision." 6. Modifications in Section 3.14 of Original Declaration. That portion of Section 3.14 which precedes Section 3.14.01 of the Original Declaration is hereby deleted, and the fbllowing inserted in substitution of said portion: 3.14 UseofCommon Parcel and Other Common Elements. Uponcompletionof the improvements constructed by Declarant, the Common Parcel shall be owned and administered by the Association pursuant to the terms of this Section. 7. Modifications in Section 3.14.04 of Original Declaration. Section 3.14.04 of the Original Declaration is hereby deleted, and the following inserted in substitution of said Section 3.14.04: 3.14.04 Equestrian facilities constructed on the Common Parcel will be managed for the exclusive use of Owners, Rural and Remote Owners and the guests of Owners or Rural and Remote Owners. Each Owner and each Rural and Remote Owner may board no more than two (2) horses in the Common Parcel paddocks. A horse barn with indoor horse stalls is planned lbr the Common Parcel and the Declarant shall determine stall availability for Owners and Rural and Remote Owners upon First Amendnlent ot' Declaration ol' Protective Covenants For Chaparral Aspen ' December, 2002 Page 3 completion of the barn. The cost for boarding horses on the Common Parcel shall be set from time to time by the Board, shall reflect the actual cost incun'ed by the Association, and shall be levied as an Individual Purpose Assessment to such Owner(s) and Rural and Remote Owner(s). Additional horses may be boarded on the Common Parcel at an additional Individual Purpose Assessment subject to the policies of the Association and the availability of space. Normal horse boarding will include feeding and pasturing only. Other services such as stabling, shoeing, grooming, veterinary services, exercising, training and teaching may be available at additional cost through the Association at rates established by the Board from time to time. No horses other than those bclonging to Owners, Rural and Remotc Owners and Association staff' may be boarded on Chaparral Aspen. No commercial horse operations such as breeding, raising or training will be permitted at Chaparral Aspen without the prior approval o fthe Executive Board as cormnunicatcd to the ranch manager. All other aspects of the keeping, maintaining and use of horses at Chaparral Aspen shall be determined by the Executive Board, with the advice of the ranch manager if requested by the Executive Board. At the time the Common Parcel is conveyed by Declarant to thc Association, Declarant shall record a statement in the real property records of the County allocating horse barn stalls to individual Owner who are entitled to such stalls as a Limited Common Element appurtenant to their Unit. No Owner, Rural and Remote Owner or Mortgagee shall have hny fight to review or conscnt to the filing of said statement. 8. New Section 3.14.06. The lbllowing provision, to be inserted as Section 3.14.06, and immediately after Section 3.14.05 of the Original Declaration, shall be a part of the Declaration: 3.14.06 Although the Owner(s) of a Parcel within the Remote Parcels Subdivision are not subject to this Declaration by reason of their Ownership of said Parcel, any Rural and Remote Owner who wishes to utilize the equestrian facilities on the Common Parcel shall agree in writing to be bound by those provisions of this First Amendment which deal with the rights and obligations of Rural and Remote Owners who utilize the equestrian facilities, including this Section 5.04.03, which agreement may be recorded in the real property records of Pitkin County, Colorado, and shall bind all successors and assigns of said Rural and Remote Owner. Each such Rural and Remote Owner shall 477658 01/23/2003 1! :56¢ ~ILVIA DAVIS PlTKIN COUNTY CO R 41.00 D 0.00 First Amendment of Declaration of Protective Covenants/'or Chaparral Aspen December, 2002 Page 4 pay the Association the actual costs el'the Rural aud Remote Owner's use of the equestrian Facilities, plus a reasonable amount to reimburse the Association for the cost of operating and maintaining the equestrian facilities, which amount shall be proportionate to said Rural and Remote Owner's use of said filcilities to the total amount of usc made o1' said facilities by all users. The amount due from any Rural and Remote Owner under this section shall be an Individual Purpose Assessment against the Parcel within the Remote Parcels Subdivision of said Rural and Remote Owner, and the Association shall have all rights of collection and all remedies provided in the Declaration (including thc lien described therein) against said Parcel and the Rural and Remote Owner. 9. New Section 8.08. The following provision, to be inserted as Section 8.08 at the end of Article 8 of the Original Declaration, shall be a part of the Declaration: 8.08 Limited Easement for Benefit of Rural and Remote Owners. An easement is hereby granted to those Rural and Remote Owners, who are entitled to use the equestrian facilities on the Common Parcel, their family members, invitces and licensees, upon, across, over, in and under the Common Elements (including the Common Parcel) as may is necessary or appropriate to fully utilize the equestrian facilities on the Common Parcel. The easement created herein is in addition to any other easement, if any, which provides the Rural and Remote Owners a right to use land within Chaparral Aspen. 10. Modifications in Section 7.02 of Original Declaration. Section 7.02 of the Original Declaration is hereby deleted, and the following inserted in substitution of said Section 7.02: 7.02 Interim Agricultural and Equestrian Facilities. Subject to review and approval for compliance with the provisions of this section by the Review Conmfittee and the Aspen/Pitkin County Community Development Department, an Owner may construct and utilize agricultural and equestrian facilities within the building envelope on a Homestead prior to and in lieu ora residence. Such facilities may include non-habitable basement space, stables or a barn lbr the keeping of horses and equestrian related equipment, tack and supplies, for the storage of hay and feed for horses or for other agricultural purposes, and shall otherwise comply with all conditions of the Approval Order. The agricultural and equestrian facilities authorized by this Section, and the use thereof by the Owner of a Homestead, are not intended to be permanent. Rather, such facilities shall either be removed and replaced by or converted to a residence which otherwise complies with the Approval Order. Accordingly, no residential structures, except for the designated historic structures and deed restricted caretaker d~velling units, shall be permitted on a l-tomestead unless and until the interim agricultural and equestrian facilities whicb may be Pa~e: 4 ~f R O1/23/2002 11 S!LVIR DAVIS PITKIN COUNTY CC R 41 .00 O 0.00 First Amendment o1' Declaration o l' Protective Covenants lbr Chaparral Aspen December, 2002 Page 5 constructed and utilized thereon pursuant to this Section have either been removed or adequate provision tbr such removal, reasonably acceptable to the Review Committee and the AsperCPitkin County Community Development Department, has been made. 11. New Section 7.09.07. The lbllowing provision, to be inserted as Section 7.09.07 immediately after Section 7.(19.06, shall be a part of the Declaration: 7.09.07 Homestead 4 and its initial purchaser shall be allowed a dog kennel facility in accordance with Administrative Decision No. 60-2002 of the Community Development Director of Pitkin County, Colorado, Approving a Minor Amendment to a Development Permit recorded in the real property records of Pitkin County, Colorado, on December 12, 2002, at Reception No. 476015. The following conditions shall apply: A. The kennel facility shall be eliminated upon conveyance of Homestead 4 from the initial purchaser to any other Owner other than an entity controlled by or for the benefit of the initial purchaser. Subsequent owners shall be subject to the restrictions applicable to the other Homesteads. B. The kennel may house up to 20 dogs, including adults and their offspring. C. Controlled-access dog doors will open to fenced outdoor dog lq,Ins. D. No commercial boarding or breeding of dogs is permitted. Occasional non-commercial breeding may occur, though dogs bred at the facility will not be trained on-site, unless the owner is keeping the dogs. E. Dogs shall be kept in the kennel or runs. F. Training shall only occur within a specific training area, with only one dog being trained at a time. G. The facilities shall be carefully maintained, and fugitive odor and noise emanating from the kennel shall be minimized, h~ the event fugitive odor and noise is impacting an adjacent Homestead on a fi'equent basis and notice is given to remedy the impact and impact continues, the Association may require the Owner to limit the number of dogs or enclose the kennel entirely if the smell or noise issues are not eliminated. H. Enclosed runs must be located immediately adjacent to the principal structure on a Homestead, within the building envelope, and shall not exceed 1,000 square feet. I. Dog food shall be stored indoors in bear-proof containers. SILVI~ D~VIS PITKIN COUNTY ¢0 1t 4).,00 D 0.00 First Amendment or' Declaration oF Protective Covenants Ibr Chaparral Aspen December, 2002 Page 6 .l. The dogs runs shall be enclosed on all sides and the owner is encouraged to enclose the top to protect dogs from possible mountai,] lion predation. K. Pitkin County or the Association may revoke this Section 7.09.07 i fany dog owned by thc Owner o fHomestead 4 or any guest of the Homestead 4 Owner is observed chasing or harassing elk or mule deer. L. All material representations made in the application to obtain Administrative Decision No. 60-2002 of the Community Development Director of Pitkin County, Colorado shall be adhered to by the Owner of Homestead 4. M. The kennel facility shall meet all of the design guidelines fbr Chaparral Aspen and shall be screened from view of adjacent Homesteads. 12. Modifications in Section 7.31 of Original Declaration. Section 7.31 of the Original Declaration is hereby deleted, and the following inserted in substitution of said Section 7.31: 7.3 l l,im its on Certain Vehicles. The use within Chaparral Aspen o fsnowmobiles, "all-terrain" type vehicles, motorcycles, otber motor-driven vehicles and pedal bicycles shall be allowed only on the Roads and driveways shown on the Final Plat except when such vehicles are being used in conjunction with agricultural activities. Subject to the foregoing, the Association shall have the authority: (a) to prohibit entirely from Chaparral Aspen certain motor vehicles that may be considered to emit noise or other pollution in excess of levels or standards promulgated by the Association, and (b) to promulgate such other rules and regulations as shall be necessary with respect to the operation of motor vehicles on Chaparral Aspen lands. 13. Modifications in Section 7.36 of Original Declaration. Section 7.36 of the Original Declaration is hereby deleted, and the following inserted in substitution of said Section 7.36: 7.36 Caretaker Dwelling Units. in the construction ora dwelling unit or interim agricultural and equestrian facilities on any Homestead, the Owner may construct a caretaker dwelling unit and, if constructed, shall utilize and operate such caretaker dwelling unit in accordance with the terms, conditions and provisions of the Caretaker Dwelling Unit Deed Restriction required and enforceable by the Aspen/Pitkin County Housing Authority, or its successor. 14. New Section 7.41. The following provision, to be inserted as Section 7.41 immediately after Section 7.40, shall be a part of the Declaration: Page: 6 or 0 01/23/2003 11:5~ SILVIA DAVIS PITKIN COUNTy CO F~ 41.00 D 0,00 First Amendment ol'Declaration of Protective Covenants lbr Chaparral Aspen December, 2002 Page 7 7.41 Posting of Signs Prohibited. Except as expressly permitted by this Declaration, neither the Association, the Declarant nor any owner or occupant ora [fomestead shall post any "For Sale" or other realty sign, advertisement, bill, poster, or any other sign on or within any Homestead or elsewhere in Chaparral Aspcn, including any signs on vehicles or signs in vehicles which are visible l'rom Chaparral Aspen roadways or other l-lomesteads in Chaparral Aspen. Not~vithstandingtbe tbregoing, the Declarant and/orits realtor agents, shall be permitted to post signs to sell Homesteads in Chaparral Aspen. ~)aBe: ? of' tt 01/23/2003 11:56G SILVIR DI~VIS PlTKIN COUNTY CO R 41.00 D 0.00 First Amendment of Declaration o f Protective Covenants tbr Chaparral Aspen December, 2002 Page 8 IN WITNESS WHEREOF, the undersigned, being an authorized representative of the Declarant being fully authorized, has hereunto set its hand and seal this_~ay of.--}~"~ ,. 2003 WOODY CREEK VENTURES, LLC, a Colorado li~lity company By: mis D.{]vlcCloskey, Jr., Manager / STATE OF HAWAII ) COUNTY OF KAUAI ) The above and foregoing instrument was acknowledged before me this ~Th day of January 2 O0 3by Thomas D. McCloskey, Jr., as Manager of Woody Creek Ventures, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: O"/:~ {o/,~Oe~ & Notary Public PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR APPROVAl. This First Amendment of Protective Covenants for Chaparral Aspen has been reviewed and approved by the Community Development Director o f Pitkin County this day of -J a n u a r y 2002 -- COMMUNITY DEVELOPMENT DIRECTOR $ILVI~ D~VI$ pITKII'I coUNTY GO ~ 4'1., 00 SETTLEMENT AGREEMENT This Agreement is made and entered into this 22nd day of January, 200l, by and between Woody Creek Ventures, LLC, a Colorado limited liability company ("Woody Creek") and the Board of County COmmissioners of the County of Pltktn (the "BOCC") RECITALSI A. Woody Creek, as the successor to the St. Clair Company ("St. Clair"), is the current owner of two non-contiguous parcels of land in Pitldn County, Colorado, which together contain approximately 903 acres. Both parcels are described on Exhibit "A." The "Main Ranch Parcel" of 553 acres contains four legally established dwelling units. The "Remote Parcel" of approximately 350 acres is undeveloped. B. As the previous owner of the Main Ranch Parcel and Remote Parcel, William Braun ("Braun") is a Plaintiff in the Civil Action described below along with St. Clair as the mtaai appheants for development approval. C. Pitkin County is a political subdivision of the State of Colorado. The Board of County Commissioners of the County of Pitkin is its governing body. D. On or about October 20, 1998, and with the consent of Braun as the then · owner of the Main Ranch Parcel, St. Clair filed with the Aspen/Pitkin County Community Development Department an application for certain land use approvals in order to subdivide the Main Ranch Parcel into lots of at least 35 acres in size for residential development. As originally conceived, the project described in the application was to consist of 15 single family lots, 15 caretaker dwelling units, a ranch manager's dwelling unit, 2 employee dwelling units and common equestrian and agricultural facilities. The number of single family lots and caretaker dwelling units was subsequently reduced by St. Clair to 14. Eo The application requested the following approvals: 1041 Hazard Review and Conceptual Submission to establish building and development envelopes on each proposed lot. GMQS Exemption to replace 4 legally established dwelling units GMQS Exemption and Special review to designate certain lots as TDR receiver sites. GMQS Exemption and Special Review to constn~ct caretaker dwelling units and employee dwelling' units. I IIIIII IIIII IIIIII IIIIII IIIII III IIIIIII III IIIII IIII IIII 451438 82/1312882 18:84~ RESOLUTr o~vrS S3~LV!