HomeMy WebLinkAboutR12-109 85 Marble I 141 Deed Restriction Agreement Commissioner S W-- moved adoption of the following resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2012- ( U
RESOLUTION RATIFYING APPROVED DEED RESTRICTION AGREEMENT FOR
THE OCCUPANCY AND RESALE OF MILLER RANCH HOUSING
WHEREAS, the Miller Ranch Condominium Association approved a Deed Restriction
Agreement for the Occupancy and Resale of Miller Ranch Housing as applied to 85 Marble I 141
in Edwards, Colorado, which reinstates the Deed Restriction Agreement for the Occupancy and
Resale of Miller Ranch Housing recorded on October 24, 2003 at Reception 855028; and
WHEREAS, the Board desires to ratify and approve the Deed Restriction Agreement
for the Occupancy and Resale of Miller Ranch Housing as applied to 85 Marble I 141 in
Edwards, Colorado.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF
COLORADO:
THAT, the Board hereby approves and ratifies the Deed Restriction Agreement for the
Occupancy and Resale of Miller Ranch Housing as applied to 85 Marble I 141 in Edwards,
Colorado in the form attached as Exhibit A.
THAT, the Board of County Commissioners finds, determines and declares that this
Resolution is necessary for the public health, safety and welfare of the citizens of the County of
Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of Countx Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held this day of 00.0 btu-,
2012.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST:
4
Clerk to the Bo . + of ` �� * Peter F. Runyon jit
to�� (I
County Commissioner C . airm:
ogiViL Oat
Jon 1011 ey `mil=
Co ioner
Sara J. Fisher
Commissioner
Commissioner ' 3 klkJU fk- seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
0
Commissioner Runyon 1
Commissioner Stavney (Q—�
Commissioner Fisher VA-+^ "
This resolution passed by ! vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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J
Eagle County, CO 201221350
Teak J Simonton 10/23/2012
Pgs: 3 03:27:04 PM
REC: $0.00
DEED RESTRICTION AGR DOC: $0.00
0 FOR THE OCCUPANCY AND RESALE
OF MILLER RANCH HOUSING
THIS DEED RESTRICTION AGREEMENT FOR OCCUPANCY AND J., SALE OF
MILLER RANCH HOUSING (the "Agreement ") is made this`&) day of PC o r ,
2012, by the Eagle County, Colorado (hereinafter "County) and the Miller Ranch Condominium
Association, Inc. (hereinafter "Miller Ranch "), for the benefit of the parties and the citizens of
Eagle County.
RECITALS
WHEREAS, by virtue of a Confirmation Deed recorded on August 24, 2012 in the Office of the
Eagle County Clerk and Recorder at Reception number 201216993, Miller Ranch is the owner of
the following described real property:
CONDOMINIUM UNIT 141, BUILDING I, MILLER RANCH MILL LOFTS -
PHASE 3, ACCORDING TO THE CONDOMINIUM MAP RECORDED
JANUARY 21, 2005 RECEPTION NO. 904132 AND AS DESCRIBED IN
CONDOMINIUM DECLARATION RECORDED MAY 27, 2004 RECEPTION
NO. 878618 AND SUPPLEMENT RECORDED JANUARY 21, 2005
RECEPTION NO. 904134, COUNTY OF EAGLE, STATE OF COLORADO;
also known as 85 Marble, #I 141, Edwards, Colorado 81632 (the " Property ").
0 WHEREAS, the Property is a unit within the Miller Ranch Housin g Development ment where all
other units are subject to the Deed Restriction Agreement for the Occupancy and Resale of
Miller Ranch Housing recorded on October 24, 2003 at Reception 855028 of the records of the
Clerk and Recorder of Eagle County, Colorado, and First Amendment thereto, recorded on
December 7, 2004 at Reception 899894 of the records of the Clerk and Recorder of Eagle
County, Colorado (collectively, the "Deed Restriction Agreement ") and Miller Ranch Housing
Guidelines adopted by the Eagle County Board of County Commissioners ( "Housing
Guidelines "); and
WHEREAS, pursuant to Paragraph 25 of the Deed Restriction Agreement, Eagle County
released and waived its ability to enforce the Deed Restriction Agreement after the foreclosure
by the holder of the first deed of trust on the Property; and
WHEREAS, after Miller Ranch redeemed the Property from the foreclosure sale, Miller Ranch
wishes to reinstate the Deed Restriction Agreement so as to restrict the acquisition or transfer of
the Property to Qualified Buyers, with Maximum Sales Prices and subject to all other restrictions
contained in the Deed Restriction Agreement; and
WHEREAS, Miller Ranch wishes to reinstate all rights associated with administration and of
enforcement of the Deed Restriction Agreement back to Eagle County, Colorado.
EXHIBIT
.13 ...____A_____
NOW, THEREFORE, for value received, the receipt . and sufficiency of which is hereby
acknowledged, the Parties hereby represent covenant and agree as follows:
1. The Property is hereby declared subject to the Deed Restriction Y subject on Agreement and Housing
Guidelines, and all terms, and restrictions contained therein for all future sales of
record.
2. This Agreement shall constitute covenants running with the Property, as a burden
thereon, for the benefit of, and shall be specifically enforceable by Eagle County, Colorado and
its Board of County Commissioners, and their respective successors and assigns, as applicable,
by any appropriate legal action including but not limited to specific performance, injunction,
reversion, or eviction of non - complying future owners and/or occupants.
3. Miller Ranch intends to sell the Property through the resale procedures to a Qualified
Buyer under the Deed Restriction Agreement and intends that the Qualified Buyer, and all
buyers thereafter will be subject to all restrictions and requirements contained in the Deed
Restriction Agreement and Miller Ranch Housing Guidelines.
4. Choice of Law. This Agreement and each and every related document is to be governed
and construed in accordance with the laws of the State of Colorado.
5. 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.
6. Section Headings. Paragraph or section headings within this Agreement are inserted
solely for convenience or reference, and are not intended to, and shall not govern, limit or aid in
the construction of any terms or provisions contained herein.
7. 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
inserted herein shall have the unilateral right to waive such condition.
8. Gender and Number. Whenever the context so required 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.
9. Personal Liability. Any subsequent Owner, as that term is defined in the Deed
Restriction Agreement, agrees that he or she shall be personally liable for any of the transactions
contemplated herein.
10. 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.
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11. 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 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.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day
and year above first written.
MILLER RANCH CONDOMINIUM
ASSOCIATION, INC., a Colorado
nonprofit co . orati
� # . �� t
BY:, �y /i J. �i / ", 1
Its: 4 /Y)..ed.e; / . .
STATE OF COLORADO )
) SS.
COUNTY OF EAGLE ) ,
J Th- i regoi r_ instrument was acknowledged before me by t /� / c/,� /, / / , as
A/1 _% of the Miller Ranch Condominiu ' Association, Inc. thi ..
�i,day
of dw4 ,2012.
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My commission expires: I A4 /ADO , / ■
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a ' EAGLE COUNT
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"`; ) Peter F. Runyon, Chairman ----- STATE OF COLORADO
) SS.
COUNTY OF EAGLE )
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The foregoing instrument was acknowledged before me by .W. , L Nt , this vi ..., ' da
of 0
EO�i� , 2012 Y
%,
My commission expires: '/ tO. t_ A .{
Notary 'ubhc
DEBORAH LYNN CHuFI k 3iL :.
NOTARY PURR)
STATE Of COLONAO
MY CGMMISMON EXP4110 d y§
