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HomeMy WebLinkAboutC04-400 Berry Creek, LLC~~"' 899894 Page: 1 of 4 nm 1210712004 03:53P Teak J Simonton Eagle, CO 23 R 0.00 D 0.00 FIRST AMENDMENT TO THE ~.I-~~,~ DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF MILLER RANCH HOUSING THIS FIRST AMENDMENT (hereinafter "First Amendment")to the Deed Rest is ion Agreement for the Occupancy and Resale of Miller Ranch Housing is made thisday of December, 2004, by and between the Berry Creek Limited Liability Company (hereinafter "Berry Creek, LLC") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). WITNESSETH: WHEREAS, Berry Creek, LLC and County entered into a Deed Restriction Agreement for the Occupancy and Resale of Miller Ranch Housing dated September 30. 2003 which is recorded at Reception No. 855028 in the records of the Eagle County Clerk and Recorder (hereinafter "Deed Restriction Agreement"). WHEREAS, Paragraph 36 of the Deed Restriction Agreement provides that any modifications to the Deed Restriction Agreement "shall be effective only when made by writings signed by both parties and recorded with the Clerk and Recorder of Eagle 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 Owner's rights nor any lender's rights under this Agreement." WHEREAS, Berry Creek, LLC and County desire to amend the Deed Restriction Agreement for the sole purpose of restating and supplementing the legal description to reflect re-subdivisions and amended plats which are now of record with the Eagle County Clerk and Recorder. AGREEMENT: NOW, THEREFORE, in consideration of the mutual promises set forth herein and in the Deed Restriction Agreement, the parties agree to restate and supplement the legal description to the Deed Restriction Agreement as follows: 1. The legal description attached to the Deed Restriction Agreement is hereby restated and supplemented as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 2. Such restated and supplemental legal description does not alter any substantive rights of owners or lenders under the Deed Restriction Agreement. 3. The property identified on Exhibit "A" to this First Amendment to the -1- tt„ ~, ~ 899894 Page: 2 of 4 tt~s II ~ 12/07/2004 03:53P Teak J Simonton Eagle, CO 23 R 0.00 D 0.00 Deed Restriction Agreement for the Occupancy and Resale of Miller Ranch Housing is hereby subject to all of the terms and conditions of the Deed Restriction Agreement recorded at Reception No 855028 in the real property records of the Clerk and Recorder of Eagle County, Colorado. 4. Except as herein expressly amended, all terms and conditions of the Deed Restriction Agreement shall remain in full force and effect and are hereby ratified and confirmed in all respects as of the date hereof. 5. This amendment shall be binding upon the parties hereto, their heirs, executors, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Deed Restriction Agreement for the Occupancy and Resale of Miller Ranch Housing. STATE OF NEW MEXICO ) ss: COUNTY OF SANTA FE ) BERRY CREEK LIMITED LIABILITY COMPANY By: ~, lL Title: ssociate Manager, ASW Realty Partners LLC, Manager The foregoing instrument was acknowledged before me this/day of _, 2004, by Kenneth Beck as Associate Manager of ASW Realty Partners LLC. Manager of Berry Creek Limited Liability Company. ;:,,~, • Witness my hand and ~, r•, ~~„ ~ ~ ,l~/~y,., commission expir+ -' -q , '_ .~ ~. ~S w , ~: ~= a • >,' *°>. ~~~ ` ~ ` P COUNTY OF EAGLE, a .%,'. ~~•'=';• r~, ", '' STATE OF COLORADO ~6- ~ S' lq; ," ~d•n1..~~~•~' By and Through Its Board of • ` County C i i ers AT ST: Teak J. Simonton, Jerk to the Board Of County Commissioners By: ,: Michael L. Gallagher, Pro Tem -2- .'~,,. ~ 89984 Teak J Simonton Eagle, CO~IlI~'23~ 12g07f2004 03:53P R @.00 D 0.00 STATE OF COLORADO ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this ~~day of December, 2004 by Michael L. Gallagher, as Chairman Pro Tem and Teak J. Simonton as Clerk to the Board of County Commissioners. . Witness my hand and official seal. - "'`~ ~ ' ~. ~ '~ My commission expires: ~ -D ~ °' ,a n ~ 1 ~~"V 'i V` 11 No r ublic ~~" `~~'®~~C'F ~ '~ 4 '`~ G:\DHM\BerryCreek\Agreements\First Amendment to Berry Creek Deed Restrictions.DOC -3- I I~~i~ II I I ~~~~~4 it ! Page: 4 of 4 il~ni~ir I 12!07/2004 03:53P Teak J Simonton Eagle. CO 23 R 0.00 D 0.00 EXHIBIT A To First Amendment to Deed Restriction Agreement for the Occupancy and Resale of Miller Ranch Housing LEGAL DESCRIPTION THE FOLLOWING REAL PROPERTY SHALL BE SUBJECT TO THE DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF MILLER RANCH HOUSING RECORDED AT RECEPTION NUMBER 855028 IN THE REAL PROPERTY RECORDS OF THE CLERK AND RECORDER OF EAGLE COUNTY, COLORADO A parcel of land situated in Section 4, Township 5 South, Range 82 West, of the Sixth Principal Meridian, County of Eagle, State of Colorado, being more particularly described as follows: All that portion of Miller Ranch, A Resubdivision of Tract D, Berry Creek/Miller Ranch PUD as recorded in the Office of the Clerk and Recorder at Reception No. 820378, excepting the following ten parcels; 1.) Parcel 1, 2.) Parcel 2, 3.) Parcel 3, 4.) Parcel 5, 5 Parcel 6, 6.) Parcel 11, 7.) Parcel 12, 8.) Parcel 14, 9.) Tract A, 10.) All Road Right-of- Ways. Including all that portion of Miller Ranch Filing 2, A Resubdivision of Tract A, and Parcel 14, Miller Ranch as recorded in the Office of the Clerk and Recorder at Reception No. 854785, excepting the following six parcels; 1.) Parcel 4, 2.) Parcel 7, 3.) Parcel 8, 4.) Parcel 13, 5.) Parcel 14, 6.) All Road Right-of--Ways. Including all that portion of Miller Ranch Parcel 10, A Re-Plat of Parcel 10, Miller Ranch as recorded in the Office of the Clerk and Recorder at Reception No. 834260. Including all that portion of Miller Ranch Parcel l0A and Parcel lOB, A Resubdivision of Miller Ranch Parcel 10 as recorded in the Office of the Clerk and Recorder at Reception No. 878613. Including all that portion of Miller Ranch Mill Lofts-Phase 1, Parcel 10A, Miller Ranch as recorded in the Office of the Clerk and Recorder at Reception No. 878617. Including all that portion of Miller Ranch Filing 2 as shown on the Amended Final Plat Miller Ranch Filing 2, A Resubdivision of Miller Ranch Filing 2 as recorded in the Office of the Clerk and Recorder at Reception No. 888021, excepting the following six parcels; l.) Parcel 4, 2.) Parcel 7, 3.) Parcel 8, 4.) Parcel 13, 5.) Parcel 14, 6.) All Road Right-of-Ways. Including all that portion of Miller Ranch Mill Lofts-Phase 2, Parcel IOB, Miller Ranch Parcel l0A and Parcel lOB as recorded in the Office of the Clerk and Recorder at Reception No. 889083. OFFICE OFTHE COUNTY ATTORNEY (970)328-8685 FAX: (970) 328-8699 www.eaglecounty.us ~GLf. COUNTY January 7, 2005 Mr. Rick Travers Wear, Travers, Krueger & Perkins, P.C. 1000 S. Frontage Road W., Suite 200 Vail, CO 81657 Re: Miller Ranch Dear Rick: DIANE H. MAURIELLO County Attorney Enclosed for your information and records is a copy of the First Amendment to the Deed Restriction Agreement for the Occupancy and Resale of Miller Ranch Housing. Please do not hesitate to contact me if you have any questions. Very truly yours, Dune H.1VI~~rie~o Eagle County Attorney DHM:js Enclosure c_r_ r_. _._. n. :u:__ rnn n.___~..._.. nn n nrn r__~_ l--~ ~ n~i~~ n..r..