HomeMy WebLinkAboutC21-385 Deed Tree FarmDocuSign Envelope ID: ECC81C37-8CC5-43ED-9A3A-BDC6036F8A44
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
TREE FARM RFV, LLC
ATTN: DAVID L. MARRS
410 TREE FARM DR.
CARBONDALE, CO 81623
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AMENDMENT TO DEED COVENANTS
THIS AMENDMENT TO DEED COVENANTS (this "Amendment") is dated as of 047tsby.•
Z , 2021 and is made by and between TREE FARM RFV, LLC, a Colorado limited liability company
("TFRFV"), BMM BASALT, LLC, a Texas limited liability company ("BMMB"), and the COUNTY OF
EAGLE, STATE OF COLORADO ("Eagle County").
Recitals
A. BMMB is the owner of the real property in Eagle County described on Exhibit A of this
Amendment (the "Property"). BMMB acquired the Property from Tree Farm Holdings, LLC, a Texas
tirnited liability company ("TFH"), pursuant to that certain Special Warranty Deed recorded in the real
property records of Eagle County (the "Records") on September 8, 2021 at Reception No. 202120418 (the
"BMMB Deed"). TFH, in turn, acquired the Property from TFRFV pursuant to that certain Special
Warranty Deed recorded in the Records on July 13, 2021 at Reception No. 202116060 (the "TFH Deed").
B. Exhibit C of the TFH Deed contains certain covenants, conditions and restrictions that bind
the Property and that are restated in Exhibit C of the BMMB Deed (collectively, the "Deed Covenants").
C. Section l of the Deed Covenants contains a scrivener's error that the parties desire to
correct. Pursuant to Section 4 of the Deed Covenants, the Deed Covenants may be amended by a written
instrument executed by TFRFV as the "Grantor" pursuant to the RFH Deed, BMMB as the current owner
of the Property, and Eagle County.
Aareement
1. Amendment to Section 1 of the Covenants. Section 1 of the Covenants is hereby amended
and restated in its entirety to read as follows:
Allocation of Available Entitlements. From and after the date hereof, the Property shall be
developed in accordance with the PUD Guide, the Eagle County Affordable Housing Guidelines, and all
other requirements of Eagle County and such development shall be consistent with the following allocations
and limitations:
(a)
Price Capped, For Sale Housing:
Zero (0) Units
(b)
Resident Occupied, Non -Price Capped For Sale Housing Zero
(0) Units
(c)
Rental Dwelling Units:
Zero (0) Units
(d)
Residential Net Square Feet:
Zero (0)
(e)
Non -Lodging Commercial Flex Net Square Feet:
6,259
(f)
Maximum Lodging Commercial Net Square Feet:
60,551
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DocuSign Envelope ID: ECC81C37-8CC5-43ED-9A3A-BDC6036F8A44
effect.
(g) Maximum Combined Net Square Feet: 66,810
2. Effect. Except as amended by this Amendment, the Covenants remain in full force and
3. Recordina. This Amendment shall be recorded in the Records.
4. Counterparts. This Amendment may be executed in any number of counterparts, each of
which shall be deemed an original and such counterparts together shall constitute but one and the same
instrument.
IN WITNESS WHEREOF, the parties have executed this Amendment to Deed Covenants as of the
day and year first written above.
TFRFV:
TREE FARM RFV, LLC,
a Colorado limited liability company
By: Woody Ventures, LLC, a Colorado limited liability
company, its Manager
By:
Andre N. Lane, Investment Manager
STATE OF COLORADO )
ss:
COUNTY OF LA)
The foregoing instrument was acknowledged before me this day of v' 2021, by
Andrew N. Lane, as Investment Manager of Woody Ventures, LLC, a Colorado limited liability company,
as Manager of TREE FARM RFV, LLC, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires: Oa)Ll
LISA NIESLANIK
NOTARY PUBLIC 'ac �CdLLLI
STATE OF COLORADO o Public
NOTARY ID 20164032922
W COMMISSION EXPIRES SEPTEMBER 24, 2024
[remainder of page intentionally blank]
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�i
BMM BASALT, LLC, a Texas limited liability
company
By:
-.
6'. -- - j .
Name: M `1
Title:
l
STATE OF Gt )
MARY CLAIRE KENNING
-�
;;0.Y'�°;<<. Notary Public
STATE OF TEXAS
�'1 f C ) ss.
COUNTY OF _ 1 fC,(1 l _ ] }
s�,;y.
•:E of -' I D# t 31 s2462 i
My Comm Exp. Mar. 1 t , 2023
The fore oing instrqgient was ac wledged before me this' day of UU-\U[/CL _,
2021, by ,� p ��(y �, as of BMM BASALT, LLC, a Texas limited
liability company.
Witness my hand and seal. 4` q �
V UL
?-}
la-�—
[remainder Notary P.ubl
My Commission expires: - I 1 of page intentionally blank]
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DocuSign Envelope ID: ECC81C37-8CC5-43ED-9A3A-BDC6036F8A44
Eagle Countv:
COUNTY OF EAGLE, STATE OF COLORADO
By:
Name:
Title:
STATE OF
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of ,
2021, by , as of the County of Eagle, State of Colorado.
Witness my hand and seal.
Notary Public
My Commission expires:
A-0171154--2) 4
DocuSign Envelope ID: ECC81C37-8CC5-43ED-9A3A-BDC6036F8A44
EXHIBIT A
TO
AMENDMENT TO DEED COVENANTS
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL A:
LOTS D-1 AND D-2,
THE TREE FARM - PHASE TWO, A PLANNED UNIT DEVELOPMENT,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 22, 2020 AS RECEPTION NO.
202011656.
COUNTY OF EAGLE,
STATE OF COLORADO.
PARCEL B:
THOSE NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS FOR USE, ACCESS AND
ENJOYMENT IN AND TO THE COMMON ELEMENTS AND ANY LIMITED COMMON
ELEMENTS ALLOCATED FOR THE USE OF THE OWNERS LOTS AND A NON-EXCLUSIVE
EASEMENT OVER AND ACROSS ALL WALKWAYS AND OTHER PEDESTRIAN ACCESS -WAYS
AND ALL DRIVE LANES DESIGNATED AS COMMON ELEMENTS FOR THE PURPOSE OF
GAINING PEDESTRIAN OR VEHICULAR ACCESS BETWEEN AND AMONG THE PUBLIC
STREETS, SIDEWALKS AND TRAILS ADJOINING OR WITHIN THE PROPERTY, OTHER
COMMON ELEMENTS AND ANY LOTS AS DESCRIBED IN THE MASTER DECLARATION OF
PROTECTIVE COVENANTS FOR THE TREE FARM P.U.D. RECORDED JUNE 24, 2019 AS
RECEPTION NO.201909566.
COUNTY OF EAGLE,
STATE OF COLORADO
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