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HomeMy WebLinkAboutR95-062 declaration of covenants for Berry Creek Ranch~.~ . 3~ ~ Commissioner moved adoptioa ~~j of the following Resolution: J ~~'; 3 t-:; BOARD OF COUNTY COMMISSIONERS ,~ i ~~ COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 95-!~'2 \r'J ~~ ~ IN RE THE MATTER OF THE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF BERRY CREEK RANCH FILINGS NOS. 1, 2, 3, AND 4 WHEREAS, on or about November 27, 1978, Declaration of Protective Covenants for Berry Creek Ranch Filing No. 1 was recorded at Book 278, Page 908, in the real property records of the Eagle County Clerk and Recorder (Filing 1 Declaration); and WHEREAS, on or about May 24, 1979, an Amendment to the Protective Covenants for Berry Creek Ranch Filing No. 1 was recorded at Book 285, Page 903, in the real property records of the Eagle County Clerk and Recorder; and WHEREAS, on or about April 10, 1979, Planned Unit Development Plan and Declaration of Protective Covenants for Berry Creek Ranch Filing No. 2 was recorded at Book 283, Page 979, in the real property records of the Eagle County Clerk and Recorder (Filing 2 Declaration); and WHEREAS, on or about September 27, 1979, Amendment to Planned Unit Development Plan and Protective Covenants for Filing No. 2 was recorded at Book 291, Page 619, in the real property records of the Eagle County Clerk and Recorder; and WHEREAS, on or about February 27, 1980, Planned Unit Development Plan and Declaration of Protective Covenants for Berry Creek Ranch Filing No. 3 was recorded at Book 299, Page 325, in the real property records of the Eagle county Clerk and Recorder (Filing 3 Declaration); and WHEREAS, on or about February 27, 1980, Planned Unit Development Plan and Declaration of Protective Covenants for Berry Creek Ranch Filing No. 4 was recorded at Book 299, Page Page 1 563848 B-667 P-826 05/23/95 04:40P PG 1 OF 4 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 %~~- C~'~ ~'~ t~ i~ r Commissioner ` ~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 95- ~~ IN RE THE MATTER OF THE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF BERRY CREEK RANCH FILINGS NOS. 1, 2, 3, AND 4 WHEREAS, on or about November 27, 1978, Declaration of Protective Covenants for Berry Creek Ranch Filing No. 1 was recorded at Book 278, Page 908, in the real property records of the Eagle County Clerk and Recorder (Filing 1 Declaration); and WHEREAS, on or about May 24, 1979, an Amendment to the Protective Covenants for Berry Creek Ranch Filing No. 1 was recorded at Book 285, Page 903, in the real property records of the Eagle County Clerk and Recorder; and WHEREAS, on or about April 10, 1979, Planned Unit Development Plan and Declaration of Protective Covenants for Berry Creek Ranch Filing No. 2 was recorded at Book 283, Page 979, in the real property records of the Eagle County Clerk and Recorder (Filing 2 Declaration); and WHEREAS, on or about September 27, 1979, Amendment to Planned Unit Development Plan and Protective Covenants for Filing No. 2 was recorded at Book 291, Page 619, in the real property records of the Eagle County Clerk and Recorder; and WHEREAS, on or about February 27, 1980, Planned Unit Development Plan and Declaration of Protective Covenants for Berry Creek Ranch Filing No. 3 was recorded at Book 299, Page 325, in the real property records of the Eagle county Clerk and Recorder (Filing 3 Declaration); and WHEREAS, on or about February 27, 1980, Planned Unit Development Plan and Declaration of Protective Covenants for Berry Creek Ranch Filing No. 4 was recorded at Book 299, Page Page 1 323, in the real property records of the Eagle County Clerk and Recorder (Filing 4 Declaration); and WHEREAS, on or about October 24, 1988, First Amendment to Planned Unit Development Plan and Declaration of Protective Covenants for Berry Creek Ranch Filing No. 4 was recorded at Book 493, Page 695 in the real property records of the Eagle County Clerk and Recorder; and WHEREAS, pursuant to Paragraph 9 of the Filings 2 (as renumbered by amendment), 3 and 4 Declarations and Paragraph 15 (as renumbered by amendment) of Filing 1 Declaration, "(t)he conditions, restrictions, stipulations, agreements and covenants contained (in the Declaration) shall not be abandoned, terminated, or amended except (i) by written consent of the owners of 510 of the land included within the boundaries of the Subdivision and by approval of the Board of County Commissioners of Eagle County, Colorado, ."; and WHEREAS, owners within the Berry Creek Planned Unit Development constituting 510 or more of the landowners have approved the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Berry Creek Ranch Filings Nos. 1, 2, 3, and 4, as presented to the Board of County Commissioners at its hearing on May 15, 1995; and WHEREAS, the County of Eagle, State of Colorado is the record owner of the platted roads and streets within the Berry Creek Ranch Planned Unit Development. NOW, THEN, BE IT RESOLVED BY THE BOARD OF COUNTY COMbSISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based on the testimony, exhibits, comments at its hearing on said matter, the Board finds as follows: 1. The Amended and Restated Declaration of Covenants, Conditions and Restrictions will facilitate the enforcement of covenants, conditions, and restrictions within the Berry Creek Ranch Planned Unit Development. 2. The adoption of the Amended and Restated Declaration of Covenants, Conditions and Restrictions of Filings Nos. 1, 2, 3, and 4, promotes the health, safety and welfare of the residents Page 2 and property owners of the Berry Creek Ranch Planned Unit Development. THAT, Board of County Commissioners hereby approves the Amended and Restated Declaration of Covenants, Conditions and Restrictions of Berry Creek Filings Nos. 1, 2, 3, and 4. THAT, nothing is this Resolution shall be interpreted as amending or modifying the Planned Unit Development Guide for Berry Creek Ranch Filing Nos. 1, 2, 3, or 4. This resolution shall serve only to contain the consent of the Board~to modification of the covenants for Berry Creek Ranch Filing Nos. 1, 2, 3, and 4; and in no way shall it be interpreted as a modification, limitation or delegation of any subdivision or zoning power currently or in the future to be exercised by the Board pursuant to law. It is contemplated that a separate revised Planned Unit Development Guide may be adopted in the future. THAT, the Board of County Commissioners further orders that a copy of this resolution be recorded in the property records of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~~~ day of "-~ 1995. ATTEST: ;,,, ~~ Clerk to the Board of County Commissioners COUNTY OF EAGLE STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS B ames E. ohnso Jr. Chairman George Gates, Commissioner Johnnette Phillips, Commissioner Page 3 Commissioner ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner James E. Johnson, Jr. ~~ Commissioner George A. Gates GG-~--~~ Commissioner Johnnette Phillips G~-i This Resolution passed by ~~~ vote of the Board of the County Commissioners of the County of Eagle, State of Colorado. Page 4