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Home My WebLink Aboutbocc.con.210.2019 - BOCC CONTRACT PROTECTIVE COVENANTS: # glo- 9011- 5O e PROHIBITING FURTHER SUBDIVISION OF THE DOREMUS SUBDIVISION/PLANNED UNIT DEVELOPMENT I "-1 THESE PROTECTIVE COVENANTS are made and entered into this 0day of IA a ,2019, by Jeanne C. Doremus and Andrew J. Doremus (hereinafter referred to as"Owner"), whose address is 85 Glen Garry Drive, Aspen,Colorado, 81611 located in the County of Pitkin, State Parcel Identification Number 2735-142-01-007, and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO. WITNESSETH: WHEREAS,Jeanne C. Doremus and Andrew J. Doremus are the owner of the real property situated in Pitkin County, Colorado, described as the Doremus Subdivision/Planned Unit Development as depicted on the plat of record in Plat Book .126.at Page 043 of the real property records of Pitkin County, Colorado(referred to herein as"the Property"). WHEREAS, as a condition of the approval granted by the Board of County Commissioners of Pitkin County, Colorado for the Doremus Subdivision/Planned Unit Development in Resolution No 141-2018, Reception# 652283 the Owner is required to enter into these Covenant; and NOW THEREFORE, the Owner 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 the Owner, its successors or assigns, and any person or entity acquiring or owning an interest in the Property or any portion thereof. . No Further Subdivision. The Property is hereby restricted against any further subdivision into smaller lots at any time, notwithstanding the underlying zoning. No owner of the Property shall be allowed to subdivide the Property into smaller lots or convey or encumber the Property in any less than the full dimensions as shown on the recorded Plat described above, except for conveyance of utility or other easements as necessary or desirable for the development of the Property. 2. Covenant Runs 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 and their respective heirs, successors and assigns. 3. Enforcement. The covenants, restrictions and conditions contained in these Protective Covenants may be enforced at any time by the Owner, as the owner of the Property, it successors or assigns, or 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. 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 breach 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. 1E311 11111 111111111111111 0111 1111111111 1E110 01111111111111 RECEPTION#: 656550, R: $0.00, D: $0.00 DOC CODE: COVENANTS Pg 1 of 4,06/11/2019 at 02:41:49 PM Janice K.Vos Caudill, Pitkin County, CO 4. Notices. Any notice, consent or approval which is required to be given hereunder shall be given by mailing the same, certified mail, return receipt requested, property addressed and with postage fully prepaid,to any address provided herein or to any subsequent mailing address of the party as long as prior written notice of the change of address has been given to the other parties to the Agreement. Said notices, consents and approvals shall be sent to the parties hereto at the following addresses unless otherwise notified in writing: To Declarant: Jeanne C. Doremus and Andrew J. Doremus 85 Glen Garry Drive Aspen, CO 81611 To County: Pitkin County Manager 530 East Main Street Ste. #302 Aspen, CO 81611 Jon.Peacock@pitkincounty.com With Copies To: Pitkin County Attorney 530 East Main Street Ste. #301 Aspen, CO 81611 attorney@pitkincounty.com When the Property is sold or conveyed to a new interest, the Declarant shall be required to notify the County of the change in ownership and the name and mailing address of the new owner of the Property. 5. Severability. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but is any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such document. 6. Choice of Law. This Agreement and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. 7. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. 8. Section Headings. Paragraph or section heading within this Agreement are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. 9. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement. However,the party for whose benefit a condition is 2 inserted herein shall have the unilateral right to waive such condition, provided that such waiver is in writing. 10. Gender and Number. Whenever the context so requires herein,the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 11. Personal Liability. The Declarant agrees that he or she shall be personally liable for any of the transactions contemplated herein. 12. Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith. 13. Modifications. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made by writings signed by both parties and recorded with the Clerk and Recorded of Pitkin County, Colorado. Notwithstanding the foregoing, the County reserves the right to amend this Agreement unilaterally where deemed necessary to effectuate the purpose and intent of this Agreement, and where such unilateral action does not materially impair the Declarant's rights under this Agreement. kA IN WITNESS WHEREOF, these Protective Covenants are executed this 10 day of kl`/kkNi, 2019. Signatures on the following page 3 JEANNE C. DOREM/U-S—Th By: ANDREN) . 711E US By: .)_A A A STATE OF COLORADO )ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this IC day of 61114`i , 2019, by ibli\h\q XPtlivivii4Jr 011/:w 7) , JORDAN N.08ERHOLT7ER NOTARY PUBUC WITNESS my hand and official seal, STATE OF COLORADO NOTARY VD 20174047578 HY CO44141884044 EXPIRES NOVB43ER16,2021 My commission expires: I /iUl 1/) No# Public ACCEPTED by the Community Development Director this130— day ofklAcil- , 2019, pursuant to Board of County Commissioners Resolution No. 141-2018 4/1--,Q 111/14-1 C#— Suzaine Wolff, Assistant Director APPROVED AS TO FORM Richard Y. Neiley, Assistant County Attorney 4