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Home My WebLink AboutFile Documents.121 E Hyman Ave.0149.2018 (110).ARBK } .s 4 . o 1. • % 1 3 { 2-YV,--. %. EE,T� eo . 549 rev1O i,, r cm � 0 CO i_, Cr- -I tv� ..E ,.� 411 M< N ,� CZ s CDcanit ..-_. DECLARATION OF HEIGHT RESTRICTION 1 • THIS DECLARATION OF, HEIGHT RESTRICTION ( the " Height Res tric- t - tion" ) is made this 3 '-_ day of October , 1987 by JMC Company , a ?, � : -,2 it Colorado corporation ( "JMC" ) . )• 3 WITNESSET H: WHEREAS , JMC is the owner of the following described real property: a r 41%1114 Lots E and F , Block 69 , City and Townsite of Aspen , County of Pitkin , State of Colorado 101 , (hereinafter referred to as the "Restricted Property" ) ; WHEREAS , the Restricted Property is presently improved with 1 i a residential dwelling and related appurtenances ( the "Existing k . Improvements" ) , Directly across the street from the Restricted Property are two condominium units ( the "Benefitted Property" ) which are owned by Contran Corporation, a Delaware corporation fio ( "Contran" ) . Contran is a related entity of JMC . The Benefitted Property is more particularly described as follows : 114 Units 1 and 2 of the Corkscrew Duplex Condo- lir' ` miniums accordingto the Mapthereof appearing in the records of the County Clerk and Recorder of II d Pitkin County, Colorado, in Plat Book 13 at Y2--- Page 46 , and as defined and described in the Con- dominium Declaration for Corkscrew Duplex Condo- 1 ,' miniums recorded in Book 421 at Page 188 of the records of the County Clerk and Recorder for Pitkin County , Colorado; WHEREAS , the low profile of the Existing Improvements pro- vides the Benefitted Property with unobstructed views of Aspen Mountain; WHEREAS , on or about September 14 , 1987 JMC as "Seller" and Lawrence T . and Angela Foster ( the "Fosters" ) as "Purchasers" entered into that certain Residential Contract to Buy and Sell tii Real Estate ( the "Contract of Sale" ) wherein JMC agreed to sell and the Fosters agreed to purchase the Restricted Property; I WHEREAS , under the terms and conditions of the o C ntract of t Sale , JMC and the Fosters agreed that prior to closing thereunder , JMC would place this Height Restriction on the 1 Restricted Property in order to assure that the Benefitted Prop- erty will continue to benefit from and enjoy the unobstructed • views of Aspen Mountain ; r, i WHEREAS , the Fosters have assigned to Beverly Hills Deferred r Exchange , Inc . , a California corporation , ( " BHDEI " ) all of the �-. ► `= - Fosters ' right , title and interests as " Purchasers" under the =, ,._ Contract of Sale; and _ `,-- 41 NOW, THEREFORE , for and in consideration of the sale , con- veyance and transfer of the Restricted Property, and for other a good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged, JMC does hereby declare , covenant - and restrict the Restricted Property as follows : ", _ �, RECEIVED` f 5/23/2018 _._; ' . . . -i . ASPEN k - -f f BUILDING DEPARTMENT • s ) 1 � 46 11 . 4 VI • N • .tk1 \ i- . -,. FAE170 . _, _ 1 . Declaration of Height Restriction . The Restricted Property is hereby restricted so that the Existing Improvements and any future building , structure or land use affecting the Restricted Property shall be located below the view plane described below . 2 . Definitions . For purposes of this declaration and cov-- . enant , the following definitions shall apply : . a) the " front yard setback line" shall be . %.' It. that line which is 10 feet south of and par- ' allel to the north boundary line of the . Restricted Property ; t b) the " rear yard setback line' shall be 4 that line which is 10 feet north of and par- allel to the south boundary line of the 1 Restricted Property ; and c) the phrase " building , structure or land tI use" shall collectively mean and refer to the .` Existing Improvements as well as any and all ' current or future man-made or natural 1131 objects , including but not limited to any t improvements built for the shelter or enclo- sure of persons , animals , chattels or prop-- - i erty of any kind ; any and all trees , shrubs , 1 hedges , rocks and landscaping ; any and all fences , walls , spires , chimneys , vents , flues , air conditioning , heating or mechani- cal equipment , and any signs , poles , wires , lines , cables or antennas of any type , size, color or dimension . j d) the elevations used herein are based on the United States Coast and Geodetic Survey t (USC&GS ) benchmark located in the south-- westerly corner of the Pitkin County Court f House foundation at an elevation of 7 , 906 . 80 feet above mean sea level . 3 . View Plane . There is hereby established a view plane over the entire lot area of Restricted Property above which plane no building, structure or land use shall project . The horizontal dimensions of the view plane shall extend and cover the entire horizontal area within the front , rear and side lot lines of the Restricted Property as such lot lines are shown on the plat and map of the City and Townsite of Aspen . The vertical dimensions of the view plane are more particularly described as follows : .?. All that space which is above a horizontal plane with reference , . points established by measuring 20 ' above an elevation of 7jo3 , 3C feet , which is the mean elevation of the existing grade of the t4 front yard setback line and 25 ' above an elevation of 79c , s'O ` feet , which is the mean elevation of the existing grade of the rear yard setback line . E 1 4 4 . Enforcement . JMC hereby declares that any conveyance of the Restricted Property shall be subject to the declaration allfuture owners of and covenant set forth herein , and any and � the Restricted Property ( including , but not limited to BHDEI and ' the Fosters ) shall be bound hereby , and shall forever faithfully y observe andperform the conditions , restrictions and obligations • 9 herein . And if JMC , BHDEI , the Fosters , or any person or entity -- 1 '.- claiming under them , shall at any time violate or attempt to vio- = . � t late , or shall omit to perform or observe any one of the forego- ; ing conditions , restrictions and obligations , then the owner of the Benefitted Property shall be and is hereby entitled to 1 I - 2- . i y I RECEIVED :, ` , • 5/23/2018 f.X*; Jf- KSr} _.'' ' ; .s i_ ASPEN r I 1 BUILDING DEPARTMENT 4 - . Coil 549 pivic.1 �7i . institute and prosecute appropriate proceedings at law or in equity for the wrong done or attempted . Such rights and remedies shall expressly include but not be limited to the right to a) bring an action for the forced removal of any land use, build- ing or structure which encroaches into the view plane; and , b) obtain injunctive relief against the continued violation of any of the restrictions , conditions and obligations contained herein, or both . The failure to enforce any provision of this declaration and covenant at any time shall not constitute a N waiver of the right thereafter to enforce any such provision or 1 anyother } provision of this declaration and covenant . 5 . Attorneys Fees . In the event the interpretation or t enforcement of any of the terms , provisions , rights or obliga- tions contained in this Height Restriction become the subject of litigation between the parties hereto , the prevailing party shall be entitled to recover its reasonable costs and at torney ' s fees incurred in connection with such litigation as a part of the judgment entered therein . 6 . Duration . The declaration and covenant contained here- : in shall run with the land and shall be binding on all parties having any right , title or interest in the Restricted Property or } any part thereof , and their representatives , successors and assigns , for the period of the life of the longest lived member of the presently constructed Board of Directors of Contran , plus 11 twenty-one ( 21 ) years , or for a period of fifty ( 50) years , whichever is greater , from the date this instrument is recorded . IN WITNESS WHEREOF , JMC has executed this Height Restriction as of the day and year first written above . JMC Co. , a Colorado corporation By • :� ��•��•1� �{,t � Chairman prs-ietr ACCEPTANCE OF THIRD PARTY BENEFICIARY: The undersigned , as beneficiary under the foregoing Declara- tion of Height Restriction, hereby accepts the benefits thereunder and agrees to all the terms and conditions contained therein . Contran Corporation, a Delaware is corporation By : ?.- 1/1..,t-,tt)t.L President ; Date -3- Y = RECEIVED 5/23/2018 ASPEN j BUILDING DEPARTMENT . . , A f [, r cl ii 549 rat 172 f172 4 --• -- - - STATE OF TEXAS ) y ss . • COUNTY OF DALLAS ) The foregoing instrument was acknowledged before me this 23rd day of October , 1987 by Harold Simmons , as +r-es- -dent of JMC Co . , a Colorado corporation . Chairman # - i N tn0s my hand and official seal . ,•`- •=, fir My commission expires : 09/ 10/89 ' • _ �•1 try ♦ - ' .•ram - - ♦', J • J ; V aw ... . '• 1 / Ir1 . OiiiJ .`/.s • ...;.-- 'r3 Notary P blic M. April Kipp . I ,a • 4111%i•0 as li‘ki. STATE OF TEXAS ) •' ) ss . COUNTY OF DALLAS ) IR The foregoing instrument was acknowledged before me this i - 23rd day of October , 1987 by _ Harold Simmons , as Pres- ident of Contran Corporation , a Delaware corporation . Pil :IIP � tl"ess 'i, my hand and official seal . * ,o• _ M coission expires : 09/10/89 ' 11 \-, . _ ' . 1 A 46- ., `.k..'.; i(A i . Pk- . it Ot i pp ___________ r\ Notary P plic M. APril Kipp Os •aa..l01" I I _ i 1 ' • e kl�, ._ • i _ _ , • • • F —4— = , • • „ - RECEIVED ,`` r::„ '~• `, ! 5/23/2018 ,,; . t 1 • ASPEN � , ..��. -4 .'�: ,i BUILDING DEPARTMENT