HomeMy WebLinkAboutC81-001 Eagle County Airport_Declaration of Protective Covenants_ Boolc Book 32121 217967 Recorded at 4 :30PM April_.13, -1"s1 No Fee 599 � Recorder: Johnnette Phillips" �,Ie County EAGLE COUNTY AIRPORT Declaration of Protective Covenants 4-/ THIS DECLARATION, executed this day of by EAGLE COUNTY, body Corporate and Politic, hereinafter so times referred to as "Owner". WHEREAS, the Owner is presently the owner of real property known as EAGLE COUNTY AIRPORT, according to the recorded plat thereof,.County of EAGLE, State of Colorado, which property is sometimes referred -to herein- after as the "Premises" or as the "Eagle County Airport", and WHEREAS, the Owner is desirous of maintaining the premises as an airport and in so doing will lease the premises to future lessees or tenants, for usage as Aviation related use property, and WHEREAS, the Owner is desirous of subjecting the premises to the conditions, covenants, restrictions, and reservations hereinafter set forth, to insure proper use.and appropriate development and improvement of the premises so as to: (a) Protect the Owner, subsequent lessees and tenants of building sites " against such improper use of surrounding premises and buildings as will depreciate the value of their property. (b) Guard against the erection thereon of structures built of improper or. unsuitable materials. (c) insure adequate and reasonable development of said property. (d) Encourage the erection of -attractive permanent improvements appropriately located to -prevent an inharmonious appearance and function. (e) Provide adequate off-street parking space and loading facilities. (f) Encourage the development of an airport use area and to promote an environment -conducive to an airport use area located on an airport and in general to provide a harmonious development that will promote the general welfare of the occupants and lessees N%''1 of the Eagle County Airport. d NOW THEREFORE, the Owner hereby declares the Premises to be subject to the following conditions, covenants, restrictions, and reservations, all of which shall be deemed to run with the land and each and every parcel thereof, and to insure the benefit of and be binding upon the owner, lessees, tenants, and sub -tenants, and any others having interest therein, their respective heirs, successors and assigns. ARTICLE I - Definitions of Terms The following terms and words as used hereinafter shall be defined as follows: (a) Building site - A plot, parcel or assemblage of contiguous parcels of land as established by survey, plat or deed, occupied or to be occupied by a building or group of buildings and yards. (b) Improvement - Shall mean and include all construction and work necessary or appurtenant to conditioning a building site for occu- pancy for a permitted use and shall include but not be limited to buildings, parking areas, driveways, access roads, landing area, signs, utilities, fences, lawns, landscaping and site drainage. (c) Street - Shall mean a right-of-way dedicated to the public for use as a public street. (d) One parking space - Shall mean an area measuring 9 feet by 18 feet or more. (e) Front yard - Shall mean the space between the front lot line and the building. (f) Side yard - Shall mean the space between the side lot line and the building. (g) Rear yard - Shall mean the space between a rear lot line and the building. ARTICLE II - Permitted Uses and Performance Standards (a) No noxious or offensive trades, services or activities shall be constructed on the premises, nor shall anything be done thereon which may be or become an annoyance or nuisance to the owners of qw other building sites or their tenants by reason of unsightliness or the excessive emission of fumes, odors, glare, vibration, gases, radiation, dust, liquid waste, smoke or noise. (b) Building sites shall be used in harmony with the purposes and development of the Eagle County Airport. Such other uses shall include uses incidental and supplemental to such permitted uses. All uses shall comply with the zoning regulations of Eagle County, Colorado. ARTICLE III - Required Yards (a) All building sites shall have a front yard of no less than 75 feet from road centerline or 50 feet from the front property line, whichever is greater for an arterial street and no less than 50 feet from road centerline or 25 feet from the front property line, whichever is greater for a local street. (b) All building sites shall have side yards of not less than 1211j feet or half the height bf any building on the lot, whichever is greater. (c) All building sites shall have rear yard,' of not less than 12.1-2 feet _ or half the height of any building on the lot, whichever is greater. (d), No fence or wall (other than a retaining wall) shall be permitted to be constructed within the front yard, side yards, or rear yard • except `upon approval in.wr-iting by the Building Committee. ARTICLE IU = Street (a) No parking shall be permitted on any street or access -road, either public or private, or at any other place than the hard surfaced paved parking spaces provided for and described herein below, and each owner and tenant shall be responsible for compliance by its gmployees and visitors. ARTICLE U - Off -Street Parking and Loading (a) Adequate off-street parking shall be provided by�each tenant for customers and employees in the following ratios:, , 1 space per 300 square feet of floor area of business-; 1 space per 300 square feet of floor area of office use; and l space per 1,000 square feet of floor area of light industry. (b) Each tenant shall also provide adequate hard surfaced paved space for the circulation of traffic in the parking areas. (c) Each owner shall provide access roads to the street. Access points from the street to the lot shall be limited to four (4) with a maximum width of twenty-six (26) feet per access point. (d) Adequate off-street loading and maneuvering space shall be pro- vided for every use. (e) Truck loading and receiving areas shall not be permitted in the front yard of a building, providing that the Building Committee may approve such necessary areas in the front yard of a building when the facilities are so screened as not to be visible from the public street in front of the building. (f) All off-street parking, access drives and loading areas shall be hard surfaced paved and properly graded to assure proper drainage. ARTICLE VI - Landscaping, Outside Storage and Maintenance (a) Building sites shall be completely landscaped in accordance with �- a plan submitted to and approved by the Building Committee. Such landscaping shall include sodding, planting of trees, shrubs, and other customary landscape treatment for the entire site. (b) The landscape development, having once been installed, shall be maintained in a neat and adequate manner which shall include lawns mowed,.hedges trimmed, and watering when needed. (c) The approved plan for landscaping the site may.not be altered with- out submitting the revised plan for approval. (d) No materials, supplies, equipment, finished products, or semi- finished products, raw materials, waste, rubbish, or articles of any nature shall be stored or permitted to remain on any building kite outside of'the building or buildings constructed thereon, except with the written consent of the Building Committee. (e) Each tenant shall keep its premises, buildings, improvements and appurtenances in a safe, clean, neat, wholesome condition, and shall comply in all respects with all appropriate and applicable - govern- . mental, health, police, and fire requirements: Each tenant shall remove, at its own expense, any snow which may accumulate on its parking, access drives and sidewalk areas within a reasonable time. ARTICLE VII - Overhead Wires All electrical and telephone connections and wires to buildings shall be underground from the nearest available power source, and any transformer required shall not be located on any power pole, but shall be placed on or below the surface of the land, and where placed on the surface shall be adequately screened and fenced, and all such installation shall be subject to the approval of the Building Committee. ARTICLE VIII - Signs - Advertising Space (a) Directional signs of two square feet or less may be erected as needed. (b) One name plate sign identifying the permitted use shall be permitted on each building. (c) One advertising sign identifying the product or service provided by each business shall be permitted. (d) The total square footage of sign space permitted under paragraphs (b) and (c) above, and any one building site shall not exceed a total of sixty four (64) square feet. Double faced signs shall be permitted by the square footage shall not exceed sixty four (64) square feet per side. (e) Flashing or moving signs shall not be permitted. All signs shall also comply with Federal Aviation Administration Regulations. (f) Maximum height of any sign, whether free standing or attached, shall not exceed the maximum height of the building to which t-he sign relates and as further regulated by the Eagle County Zoning Res- olution. (g) All proposed plans for signs to be erected, including details of design, location, size, height, color, and lighting shall be subject to the approval of the Building Committee. (h) The provisions with respect to signs contained in this Article VII shall not apply to signs installed by the Owner identifying the Eagle County Airport. 1� ARTICLE IX - Building Committee There is hereby established a Building Committee which shall consist of the members of the Eagle County Airport Commission. The Chairman of the Eagle County Airport Commission shall serve also as the Building Committee Chairman. The Chairman shall take charge and conduct all meetings and shall provide for reasonable notice to each member of the Committee prior to any meeting, setting forth the time and place of said meeting. Three members of the Building Committee, one of which shall be the Chairman, shall constitute a quorum. Actions of the Building Committee will be a majority vote of those members in attendance at any meeting at which there is a quorum present. Plans submitted for approval by the Build- ing Committee, as hereinafter provided, shall be submitted to the Committee's office at the Administration Building at Eagle County. A receipt shall be received for any plans so submitted. The Building Committee shall either approve or disapprove any Plans so submitted within thirty days from the date on which they are submitted, and failure to either approve or disapprove within this period shall constitute approval of said Plans. No improvements shall be erected, placed, or altered on any build- ing site nor shall any construction be commenced thereon, until the Plans, as herein provided, have been approved in writing as to conformity and harmony.of external design with exi.s.ting structures in said development and as to location of the building with respect to topography and finished ground elevation and as to all other matters contained in thesp-covenants. The followina information: as aoarooriate. shall be submitted in writing to the Building Committee in connection with its consideration of any plans: (a) Preliminary architectural plans for the proposed building or buildings. (b) site plan for traffic engineering analysis, showing location and design of buildings, driveways, driveway intersections with streets, parking areas, loading areas, maneuvering areas, and sidewalks. (c) A grading plan and a planting plan, including screen walls and fences, for analysis of adequacy of visual screening, erosion control, drainage, and landscape architectural design. (d) A site plan showing utilities and utility easements. (e) An estimate of the maximum number of employees for the proposed development. (f) Plans for all signs to be erected, including details of signs, location, design, size, color, and lighting. (g) A description of proposed operations in sufficient detail to permit judgment of the extent of any noise, odor, glare, vibration, smoke,, dust, gases, hazard radiation, radioactivity, electrical radiation, or liquid wastes that may be created. (h) A description of proposed operations in sufficient detail to permit judgment of whether or not they are permitted uses under the terms of then existing zoning ordinances. (i) Any other information as may be required by the Building Committee in order to insure compliance with requirements contained herein. The decisions of the Building Committee shall be binding upon the tenants, and all parties submitting plans for approval of said Committee. Neither the Building Committee, nor any member, employee or agent thereof shall be liable to any owner or tenant or to anyone submitting plans for approval, or to any other party by reason of mistake in judgment,neg- ligence, or nonfeasence, arising out of or in connection with the approval, disapproval, or failure to approve any such plans or for any other actions in connection with its or their duties hereunder. Likewise, anyone so sub- mitting plans to the Building Committee for approval, by submitting such plans, and any person when he becomes an owner or tenant agrees that he or it will not bring any action or suit to recover any damages against the Building Committee, or any member, employee, or agent of said Committee. ARTICLE X - Buildings Construction or alteration of all buildings in the Eagle County Airport Shall meet the minimum standards provided in these restrictions: (a) Any building erected on the premises shall be of a type of construc- tion which is approved by the Building Committee. (b) Any building erected on the premises shall be designed by a licensed architect or engineer. (c) No buildings or other structures, or combination of buildings or structures, shall be erected, altered, placed, or maintained on the premises which shall occupy more than 50% of the land area of a building site. (d) The maximum building height shall be thirty-five feet above the average natural grade of the land area on which the building is situated; provided, further that in any event no interference shall be allowed with any airport operation by the Eagle County Air- port, including any system used in the instrumentation at the airport, for instrument landings, etc.; provided further that in any event all improvements shall comply with Federal Aviation Administration Regulations, including airspace requirements in connection with the improvements themselves and any equipment, aerials, signs, or other appurtenances to the building. (e) No heating, air conditioning, or electrical equipment shall be installed on the roof of any building or structure, unless the same is screened, covered, and installed in a manner which shall first have been approved in writing by the Building Committee. (f} All improvements on the premises shall be constructed to comply with the then existing building and zoning codes in effect for the County of Eagle, State of Colorado. ARTICLE XI - Duration and Amendment (a) This Declaration of Protective Covenants, and any amendments hereto, shall remain in effect for a period of twenty years after their recording, unless sooner terminated as hereinafter provided. (b) These Protective Covenants may be amended from time to time hereafter, or terminated, by an instrument in writing executed and acknowledged by the Owner. (c) These Protective Covenants shall also be automatically extended at the end of the original expiration period for three successive periods of five years each, unless the Covenants are terminated as provided in subsection (b) above. ARTICLE XII - Enforcement Invalidation of any of these covenants or any part thereof by judgments or Court Order shall in no wise affect any of the other pro- visions which shall remain in full force and effect. IN WITNESS WHEREOF, Eagle County, a Colorado Corporation, the owner in fee of all of the lands described and subdivided as Eagle County Airport, has executed this instrument this day of COUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD 0 CO TY COMMIS IONERS Da .Grant Ch i man r-; Dan Wi 'ams, Commissioner • = s-e�� ©'•.. o •.�, Ke' Troxel , Co mi ssi oner APPROV TO AS FORM By: a m Rea, Chairman EAGLE COUNfY AIRPORT COMMISSION ATTEST: . Ze r Charlette ascuzzi, Seer ary