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Home My WebLink Aboutbocc.con.117.2011 RECEPTION #: 580245, 06/01/2011 at 10:02:17 AM, ^ N"TR 77 7. 1 1 OF 6, R $0.00 Doc Code COVENANTS Janice K. Vos Caudill, Pitkin County, CO ADDITIONAL PROTECTIVE COVENANTS FOR LOT 1, LIND - KOPPEL SUBDIVISION THESE ADDITIONAL PROTECTIVE COVENANT FOR LOT 1, LIND - KOPPEL SUBDIVISION (these "Covenants ") are made as of this 17 of1..,,.is.� 201$ by 1999 RS INTERNATIONAL TRUST ( "Owner "). r RECITALS A. Owner holds title to a parcel of land on Snowmass Creek Road in Pitkin County, Colorado, consisting of approximately 75.65 acres (the "Property"). The Property is more fully described on Exhibit A of these Covenants. The Property is a conforming size lot in the RS -30 zone district under the Pitkin County Land Use Code. B. The Property is currently subject to those certain Protective Covenants in Association with the Pitkin County 2002 Rural Area Residential Growth Management Quota System Allotment Awarded to Lot 1, Lind- Koppel Subdivision recorded in the real property records of Pitkin County, Colorado (the "Records ") at Reception No. 519366 (the "Pre- Existing Covenants "). C. Since the recording of the Pre - Existing Covenants, the Owner and its predecessors in ownership of the Property have applied for and received certain land use and development approvals from Pitkin County, including without limitation the following (the "Additional Approvals "): (1) Hearing Officer Determination No. 2 - 2009 granting approval for the Creekside Site Plan Review, Minor Amendment to a Development Permit, and a Subdivision Exemption for a Minor Plat Amendment recorded at Reception No. 556325 of the Records, and the Second Amended Plat of Lot 1 of Lind - Koppel Subdivision recorded in the Records in Plat Book 90, Page 40, Reception No. 556326 (the "Second Amended Plat "), and the Creekside at Old Snowmass Site and Activity Envelope Plan recorded in the Records in Plat Book 90 at Page 42, Reception No. 556327 (the "Site Plan"); (2) Resolution No. 011 -2010 of the Board of County Commissioners of Pitkin County, Colorado, approving Owner's Request for a Reinstatement of Vested Real Property Rights recorded in the Records on June 28, 2010 at Reception No. 571096; and (3) Administrative Decision No. 36 -2010 of the Pitkin County Community Development Director granting approval to Owner's request for a Minor Amendment to a Development Permit to allow fencing to comply with the current Pitkin County Land Use Code standards recorded on July 1, 2010 in the Records at Reception No. 571755 (the "2010 Fencing Decision "). D. Pursuant to the original Plat of the Lind - Koppel Subdivision recorded in the Records in Plat Book 24 at Page 11, approximately 50 acres (more or less) of the Property was {A0000006 / 1 } "restricted for wildlife — no development" and is further identified as "Area 1" on the Second Amended Plat. In addition, pursuant to the Pre - Existing Covenants and Hearing Officer Determination No. 2 — 2009, Owner was required to preserve an additional 17.5 acres of the Property as a no development area. Owner satisfied this obligation, in part, by designating an additional 19.2 -acre area known as "Area 2" on the Second Amended Plat. E. Owner and Pitkin County now desire to specify what activities and uses are and are not permitted in Area 1 and Area 2 of the Property as shown on the Second Amended Plat. In addition, Owner and Pitkin County desire to amend the fencing restrictions applicable to the Property for the purpose of making such restrictions consistent with Pitkin County's current fencing standards, as contained in the 2010 Fencing Decision. NOW, THEREFORE, Owner declares and acknowledges that the following terms, covenants and conditions shall apply to the Property and shall run with ownership of the Property and be a burden and a benefit to the Owner and its successors and assigns in the Property: 1. Area 1. No development shall be permitted within Area 1 as shown on the Second Amended Plat, except that the following activities and uses are permitted in Area 1: (a) Agricultural activities, including: irrigation of the land; maintenance, repair, improvement and operation of irrigation ditches; installation and maintenance of any irrigation pipes, pumps, sprinklers and similar equipment or sprinkler systems; installation and maintenance of any piping, ditches or features related to the irrigation of the Property; haying of fields; grazing of livestock; (b) Wood rail fencing provided that such fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width (top view) and shall have at least eighteen (18) inches between the lower two (2) rails; (c) Wire fencing provided that such fencing must be three (3) strands or less. The top wire should be a twelve- point -five (12.5) gauge twisted barbless type at a maximum height of forty -two (42) inches. The middle strands (which may be barbed) should be located a minimum of twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground; (d) An Individual Sewage Disposal System (ISDS) as permitted in Hearing Officer Determination No. 2 - 2009 and as depicted as "Septic Field (Activity Envelope #3) on the Site Plan; (e) Wildlife enhancement vegetation and features; (f) The spreading of development fill dirt along the east side of the adjacent Snowmass Creek Road within the area depicted as Activity Envelope #6 pursuant to the Site Plan in order to comply with the requirement that all fill from on -site construction must remain on the Property as noted in Hearing Officer Determination No. 2 - 2009. {A0000006 / 1 } 2 2. Area 2. No development shall be permitted within Area 2 as shown on the Second Amended Plat, except that the following activities and uses are permitted in Area 2: (a) Construction, operation, maintenance, repair and replacement of a fire protection pond as depicted on the Site Plan; (b) Construction, operation, maintenance, repair and replacement of an irrigation and wildlife enhancement pond and littoral shelf as depicted on the Site Plan; (c) Construction, operation, maintenance, repair and replacement of driveway improvements, bridges, a fire truck turnaround, related improvements and enhanced landscaping and tree plantings as depicted within Activity Envelope #5 on the Site Plan; (d) Drilling, installation, operation, maintenance, repair and replacement of a water well and related equipment within Activity Envelope #4 as shown on the Site Plan; (e) Agricultural activities, including: irrigation of the land; maintenance, repair, improvement and operation of irrigation ditches; installation and maintenance of any irrigation pipes, pumps, sprinklers and similar equipment or sprinkler systems; installation and maintenance of any piping, ditches or features related to the irrigation of the Property; haying of fields; grazing of livestock; (f) Wood rail fencing provided that such fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width (top view) and shall have at least eighteen (18) inches between the lower two (2) rails; (g) Wire fencing provided that such fencing must be three (3) strands or less. The top wire should be a twelve- point -five (12.5) gauge twisted barbless type at a maximum height of forty -two (42) inches. The middle strands (which may be barbed) should be located a minimum of twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. 3. Effect. These Covenants are intended to supplement and in some cases amend the Pre- Existing Covenants. To the extent of any conflict between these Covenants and the Pre - Existing Covenants, these Covenants shall control. 4. Fencing. All fencing developed within approved building envelopes on the Property shall comply with the standards described in Sections 1(b), 1(c), 2(0 and 2(g) above. 5. Run with the Land, These Covenants shall constitute covenants that run with the title to the Property for the benefit of Pitkin County, Colorado. Each and every conveyance of the Property for all purposes shall be deemed to include and incorporate these Covenants even without reference therein to these Covenants. 6. Enforcement. These Covenants shall be specifically enforceable by Pitkin County, Colorado and its successors by any appropriate action, legal or equitable. Pitkin County {A0000006 / 1 ) 3 J may resort to any and all available legal action, including but not limited to judicial relief in the form of an injunction in response to a violation of these Covenants. 7. Legal Fees. If the parties resort to any litigation arising from these Covenants, the prevailing party shall be awarded, in addition to any other remedy to which it is entitled, its reasonable attorneys' fees and costs incurred in such litigation. IN WITNESS WHEREOF, Owner has executed these Covenants as of the day and year forth below in the notarization of Owner's signature. OWNER: o e °. 1999 RS Internaf • nal Trust By : V /.�i� Name: Chad teelber;4 Title: Trustee STATE OF CALIFORNIA ) ) ss. COUNTY OF Qr6w Q, ) The foregoing instrument was acknowledged before me this I$' day of f eWYW.AY , 2010, by Chad Steelberg as the Trustee of the 1999 RS International Trust. J My commission expires: 0 3 0 1 yU 0A Witness my hand and official seal. T "'sde �ti�3 A 1, i1REN JE Z it r 1 ) ,' COMM. + 1906098 0 ,,, , r ` NOTARY d Nota ublic COMM. EXPIRES SEPT. 30 2014 :' (A0000006 / 1 } 4 Y PITKIN COUNTY: �,r (C.�tii',,,/ C( Cindy Ho en Community Development Director Approved as to form: - - John M. Ely, .:. Count . o • -- {A0000006 / 1 } 5 Exhibit A Legal Description of the Property Lot 1, LIND- KOPPEL SUBDIVISION, according to the Plat thereof recorded April 11, 1990 in Plat Book 24 at Page 11 as Reception No. 321683, and First Amended Plat of the Lind - Koppel Subdivision recorded October 19, 2005 in Plat Book 76 at Page 33 as Reception No. 516469 and the Second Amended Plat of Lot 1 of Lind - Koppel Subdivision recorded February 10, 2009 in Plat Book 90 at Page 40 as Reception No. 556326. COUNTY OF PITKIN STATE OF COLORADO Pitkin County Assessor Parcel Identification No. 2645 111 01 001 {A0000006 / 1 }