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Home My WebLink Aboutbocc.con.187.2008 RE ROVED 8Y izECFpT~on~#' 550334, 06/18/2008 at SOr ~~~OAt 09.40.14 AM, (~NTRACT#f ~790~ L !`I 1 Or s, R 50.00 Doc Code COVENANTS Janice K. Vos Caudiii, Pitkin County, CO -.~.~.f~' A~PR.oV~p a _!,~_o~. RESTRICTIVE COVENANT THIS RESTRICTIVE COVENANT ("Covenant") is made and entered this /7~ day of 20Ofs; by Constance M. Harvey and Mark E. Harvey for Lot 49, Shield p Terraces, ("Grantor") for the benefit of the Pitkin County Board of County Commissioners. WTTNESSETH WHEREAS, Pitkin County, Colorado, a political subdivision of the State of Colorado "Grantee"), has established a transferable development right ("TDR") system, Title S 2006 Pitkin County Land Use Code, as may be amended from time to time {the "Land Use Code"); WHEREAS, Grantor is the fee simple owner of that certain real Property in Pitkin County, Colorado that is more particularly described on Exhibit A attached hereto and made a part hereof by this reference (the "Progeny"); WHEREAS, contemporaneously with the execution of this Restrictive Covenant, Grantee is executing and delivering to Grantor one irrevocable TDR certificate(s) bearing Certificate No{s). J ~ t~8- C` - ~ WHEREAS, the Grantor has represented that no development or improvements currently exist on the Properly; and WHEREAS, in exchange for the issuance of said certificate(s) by Grantee and consistent with the intent and stated purposes of the TDR system, Grantor is prepared to restrict and covenant the Property against any future development, as that term is currently defined in the Land Use Code, in perpetuity. NOW, THEREFORE, for and in consideration of the issuance to Grantor of Certifcate No(s). I i~-D -C~.S'-C Lti , and in consideration of the covenants, terms, conditions, and restrictions hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency are hereby acknowledged, Grantor does hereby grant and eanvey to Grantee, forever and in perpetuity, an interest in the Property, for and inconsideration of the recitals and mutual covenants, terms, conditions and restrictions contained herein: 1. Restrictive Covenant pertaining to the Property. Grantor hereby restricts the Property in perpetuity against any and all future development, as defined in the Land Use Code, commencing on the date of this restrictive covenant. Such restrictions shall include, but are not limited to, the future development of any single family or other residential, commercial or industrial structures, as well as the future development of any recreational uses, as well as any change in the current existing use of the unimproved Property. Grantor acknowledges that any future development right in the Property has been severed from the Property by operation of this restrictive covenant. 2. Covenant running with the land: binding effect. The provisions of this deed restriction shall constitute a covenant that runs with the title to the Property for the benefit of the Grantee, its successors and assigns and shall be deemed an appurtenance to the title to such land. Grantor and its successors, heirs, assigns and transferees acknowledge that the TDR certificate(s) issued in consideration for this restrictive covenant are severed from the Property and that any sale, lease or other transfer of title to the Property shall not constitute a transfer of the TDR certificate(s) and any rights therein. 3. Permitted uses and activities. As owners of the Property, the Grantor retains the right to perform any act consistent with the Land Use Code to the extent such act is not prohibited or limited by the requirements of this restrictive covenant. These ownership rights include, but are not limited to, the right to exclude any member of the public trespassing on the Property and the right to sell, lease, or otherwise transfer the Property to anyone Grantor chooses. Nothing herein shall be construed to be an approval by Grantee under the Land Use Code for any purpose. Grantor and any future Property owners will be entitled to continue cattle ranching and other agricultural operations on the Property, which rights include the ability to construct fences and to construct stock watering facilities as reasonably necessary to continue the cattle ranching and agricultural operations that were being historically carried on the Harvey Ranch just south of the Property prior to the date this deed restriction was recorded. 4. Enforcement and monitoring. This restrictive covenant and its terms and representations shall be fully enforceable by Grantee, its successors, assigns and agents in any action at law or equity or both, to secure wmpliance, including but not limited to, seeking injunctive relief and/or specific performance requiring the Grantor, its successors or assigns to cease and desist all activity in violation of the terms of this restrictive covenant and to return the Property to its condition prior to any violation. Violation of any of the terms or representations of this restrictive covenant may also result in the administrative cancellation of the TDR certificate{s) by the Grantee. Moreover, Grantee and its successors, assigns and agents shall be permitted access to, and to enter upon, the Property at reasonable times solely for the purpose of monitoring, inspection, and if necessary, remediation in order to enforce and assure compliance with the terms and conditions of this restrictive covenant. 5. Costs and liabilities. Grantor retains all responsibilities and shall beaz all costs and liabilities of any kind related to ownership, operation, upkeep, taxes and mairrtenance of the Property, including but not limited to, costs associated with compliance with this restrictive covenant. Grantee's acceptance of this restrictive covenant shall in no way be construed as an assumption of any duties or liabilities associated with the Property and Grantor acknowledges that by this restrictive covenant, Grantor continues to retain responsibility for any and all duties and liabilities associated with the Property. 6. Subordination. At the time of the conveyance of this restrictive covenant, the Grantor represents that the Property is not subject to any mortgage, deed of trust, or judgment lien, or any other instrument that might result in a foreclosure action that could affect the viability of this restrictive covenant. This restrictive covenant is subject to any existing easements or rights to the property held by persons that are not parties to this agreement. 7. Incorporation of the Land Use Code. The Land Use Code, as may be amended from time to time, and any terms or definitions contained therein, are hereby incorporated by this reference in their entirety. 8. Prohibition against future TDR Unless otherwise provided by the Land Use Code and agreed upon by Grantee, Grantor shall not be entitled to any future, additional TDR arising from ownership of the Property following the execution of this restrictive covenant. 9. Modification. The terms of this restrictive covenant can only be modified by an amended covenant executed by both Grantor and Grantee and recorded in the records of the Clerk and Recorder for Pitkin County, Colorado. 10. Venue and jurisdiction. Grantor and Grantee consent to venue and jurisdiction in the District Court for Pitkin County, Colorado for all matters concerning the interpretation and enforcement of this restrictive covenant. 1 I. Attorneys fees and costs. In the event of any action or suit between the parties hereto or their successors and assigns to enforce any of the agreements, covenants or restrictions contained herein, the prevailing party in any such action or suit, whether by final judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorneys fees. IN WITNESS WHEREOF, Grantor has executed this restrictive covenant as of the date and year first written above. Grantor Lo'ho7~uc¢. ~ . 17'ut.veQ ~~ By: Constance M. Harvey State of Colorado ) ss. County ofPitkin ) The foregoing Restrictive Covenant was acknowledged before me this 20th day of May 2008 by Constance M. Harvey Witness my hand and official seal My com expires on: July 27, 2008 L /J ' ~ NUk --; V Y~ , .~ ~xcs '•.A ~ .yy~i Notary Public a ~OTARr '; Patricia A. Humphry 'rO+~ = Y' :., :p~e~.~c :~ o .r,•. ,.Par a•~e,co`O,,,a` /~ By: Mark E. Harvey State of Colorado ) ss. County of Pitkin ) The foregoing Restrictive Covenant was acknowledged before me this 20th day of M~ 2008 by Mark E. Harvey Witness my hand and official seal My commission expires on: July 27, 2008 ,,• H ••,, i:. , . ~=. a r'y~aTARy `:'~ -~-re- ~ ••. : ~. •F~n`,r ^1 r ~~.~ ~. ~- Notary Public Patricia b. Humphry ACCEPTED BY Pitkin Connty Board of County Commissioners Y. ame] [Title State of Colorado ss. County of Pitkin ) The foregoing Res dive Covenant was acknowledged before me this /~~day of 20~ by ~,4 k ~.l-r~~ e~ o fitness my hand and official seal My commission expires •' D~yYilO ic..~ ... ~~ dpk i ~~~ s'YY ;~'.= fljUtt .yry."Oi 0//-3009' ~~h ~ b'~~ ,~- parcel description: Lot 49, Shield O Terraces, owned by Mark Harvey and Connie Harvey A PARCHL 08 LAND 9ITDATED IN GOVERTi(48NT LOT 16, BECTION Z7, TOWNSHIP 9 SOUTH, RANGH 86 WEST OF THS 6TH P.M., COUNTY OF PITICIN~ 9TATH OF COLORADO, SAID PARCEL OF LAND BEING DESCRIBED A9 FOLLOWS: H$GINNING'AT A POINT WHERH THE NORTHWEST CORNER OF 3AID' SECTION 27 BHAR3 NORTH Z6 DSGRHH3 37' S5" WEST, 1,322 FSETt TH&NCB NORTH 89 DEGREES 05' 39" WEST, 230 FEBT~ TF)ENCB NORTH 397.59 F88Tt ~ • Tl~ENCE SOUTH 89 DE¢R669 05' 34" EAST, 230 FHBTt THENCE SOUTH 397.54 F+'BHT TO THE POINT OF BEGINNING. HACSPTING THEREFROM A PARCEL OF LAND 9ITUATBD IN THS NORTHW$ST QUARTER'OF THS NORTHW83T QUARTER, O$ SAID SECTION 27'9AID PARCEL .IS MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THS 80UTHERLY BOUNDARY LINH OF LOT 16 IN SAID SECTION 27 WHHRS TR8 NORTHWEST CORNER OP SAID SECTION Z7 BEARS NORTH 17 DEGRESS,06' 39" WHST, 1,232.94 FEBTt THHNCH NbRTH,l7.93' F$HTt . THENCE SOUTH 98 DEGRE$8~40' 98' EAST, 27.65 FEET TO THE POINT OP INTERSECTION WITH 'THE 80UTHERLY BOUNDARY LINE OP OF RAID GOVERNMENT LOT'16 OB SAID SECTION 27t THENCE ALONG SAID SOUTHERLY BOUNDARY LYNS NORTH 89 D8GRS88 OS' 34" WEE3T, 20.79 FSBT TO THE POINT OF BEGINNING.' ooouls