HomeMy WebLinkAboutbocc.con.228.2007 CONTRACT ~s
RESTRICTIVE COVENANT
PROHIBITING COIv11VIERCIAL AGRICULTURAL USES
ON THE MEANWHII,E RANCH
THIS AGREEMENT is made September 28 .2007 by the Owners of the lead known
as the Meanwhile Ranch, State Parcel Identification Numbcr24h7-261-00-009.
1. ,
1.1 John and Cindy Geisrdi/Galardi Group Dev. LLC (heseinaRa the Owrbers) hold
title to a parcel of lead known as the Meanwhile Ranch at 1621 Lower River Road
in Pitkia County consisting of 5635 acres more fully described is F~cW'bit "A"
(hereinafter the Property) attached hereto.
1.2 The Owners have received cxrtain lead use and development approvals from
Pitkm~ ~ia~u Pillsbury 1041 Ha~srd Review, Special Review,
Dosigaation, Resohrtion No. 98-197 (Book 47,
Pages 68 and 69, Reception No.424098); A Minor Amendment to a DevelopimeoR
Pemrit and Site Plan Review For The Galardi Parod (Book 84, Page 61, Reception
No. 538150) and a Building Permit for the conatraction of a single family
residence (Pesmit No. 8-908).
13 The Owners' Application fm a INmor Amendment m a Development a~ Site plan
ooverod the following development. and redevelopment activities: Reooa~hucting
an axistIng 10,800 agricultural (barn) ehtrcttn+e (said to be built prior to May 12,
2004 Growth Management Baempticn for Berms): Cona~rrct a 3268 square foot
berm using allotted agriculbnal square footage exempt fiom Growth Mkt
pursuant to Ordinance 019-2004; conshrrct a new 284 square foot shed and rebuilt
e 560 square foot shed; remove a 610 square foot shed; replace shingles on the
I33ataric Ranch l3ouse and roof and siding on the norrhiatoric "Red Bam":
exnehrrct an irrigati~ water storage pond of 25,000 square feet with
approximately 1.1 million gallons of water and rebuild s atnrcdn+e to house
ieigation controls; reroute the Lest Chance Ditch through a buried culveR; move
existing loafing sheds proposed outside the approved building envelope. The
agrigrltrrral and historic use envelope was amended to include all atnxs?a+es and
development.
1.4 As apart of its oonsideretion of the request for development approval, Pitkin
County has determined that the vslwtion of the Propeaty sad imptovemmta is
aigsifieantty higher native to the value of any agriculaaal paoducfa produced and
fhat h is unh7rely for the Owners to genrrate enough revenue from commercial
agricultural activities to sustain a viable agricultural operation. Therefore the
development approval the primary and 1 user of the land from
being primarily agricrrldual (but incltrd'mg the above approved exemptions for
bams/aheds as noted above for a property in the AR-10 Zone) sad as a condition
of development approval, the Owners must r«:oi+d a Covenant prohibdting
oommaoial agricultmai activity prig to submittal of any building permits.
r:Et~PTlol~l: tl4st's, ton~rloo~ rt
to:araa,4b1, _ _ _
Puod k?A67,?bi'4l)'009 .lamp K. Vos Gudill P, itldn CauntyTC~ 1
NOW THEREFORE, the Owners declu+e and acamowledge that the following
covenants and conditions shall apply td the affected rent pa+operiy end shall be deerned to
nm with the land end be a harden and a benefit to the Owners and their succors and
and ~Y P~ owning or eogtriring interest in the nffecbod real property sad
m?Prots, dreir grantees, succeasora, heirs„ exet~ra, sdministratora, devisees, or
assigns:
1. The Owners hereby permanently Place a covenad ~ the lead prohibiting
commercial agricultmsl activities.
2. At the regnant of the Owners, this Covenant may be released by the Pitlcin County
Board of Commissioners if the cin~stances which originally caused the
Covenant to be regnired ware to eLsnge. These circrmostanoes are described in
Reeital 1.4 above and the factors usod to determine said dram are defined
in Section 2-20-10(e) of the Pitl~~n County I~ad Uaa Code
3. The provisions of this Covenant shall oonstidrte the covenants that run with the
title to the Property for the benefit of Pitldn County, Colorado, its successors end
assigns and shall be detaned m apprnbenance to the tide to such lender.
4. This Covenant shall be specifically enforceable by Pitllrin County and its
sn~sa', by any appropriate action, legal or equitable. Firkin County may resort
to any and all available legal action, including but not limited to judicial relief in
the foam of en irgunction rega+ding conveyances.
5. In tha event that the pities resort to litigation with respect to any or all of the
provisions of this Covtmmt, the prevailing party shell be awardod damages and
costa, including but not limited to reeeo~ble ettomey's foes.
6. In the event that the Property or portion of the Property is sold and/or conveyed
without compliance herewith, such sale and/or conveyance shall be null and void
and shall confer no title whatsoever ~ the purported boyar. Each and every
conveyance of the Property, fan all purposes shall be doomed to inclrrde and
~ by thin reEereaoe, the covenants herein oosrbined, even without
reference therein to this Covenant.
IN WITNESS, WHBREOF, the Owners of the affected property have exewted this
instrument as of the Day std Year above set forth.
OWNERS:
~ ~
l
JOHN a~ CIIVDY OALARDI
Prrr~e11E2469-261.00-009 Z
STATE OF COLORADO )
ss.
COUNTY OF PTfKIN )
The foregoing inshument wag before me
2007, by JOHN end CII~TDY O
My commission ~
Witness my hens ead y
gRIGIDq
~ ~ . 11181
e...•
Notary Public
PITKIIV COUNTY:
~~~A
Cindy Houben
Director of Community Dcvelopauent
John
Attorney
1'ivicel X2467-261-00009 3
ATT'ACBMENT A
Legal Descripti~
SUB M/B WOODY CREEK LOT:12 8t LOT: 13
DESC: PARCEL A SECT, TWN, RNO: 23-8-86
DESC: TRACTS 12 6t 13 PARCEL A
ASPEN RIVER VALLEY RANCH OF LAND
BBINO PART OF TRACTS 70 & 71 SECS
23 Bt26-8-86 DESC BY M/B BK 508 PC3117
Pmxl #~2~67
261-9Q009 4