HomeMy WebLinkAboutbocc.con.145.2012 CONTRACT#/x/5-100...
RESTRICTIVE COVENANT
FOR THE USE OF AND AGREEMENT FOR
AN AGRICULTURAL BUILDING
THIS RESTRICTIVE COVENANT ("Restrictive Covenant") is made and entered this
') day of May 2012, by Aspen High Mesa, LLC ("Grantor" or "Owner"), concerning the
property known as 4001 Snowmass Creek Road, Snowmass, CO 81654, Parcel ID#
264511100003, more specifically described in Exhibit "A" attached hereto, located in Pitkin
County, for the benefit of the Pitkin County Board of County Commissioners ("County").
WITNESSETH
WHEREAS, Grantor owns the real property described in Exhibit"A" ("Property"),
which Property will contain an agricultural building as allowed pursuant to Sec. 5-20-70 of the
Pitkin County Land Use Code. Said agricultural building will be located as shown on the
attached site plan(Exhibit`B") and shall contain approximately 5,000 square feet of exempt
floor area as approved in Building Permit No. 0015.2012.prbk. For the purposes of this
Restrictive Covenant,the approved agricultural building and all appurtenances and fixtures
associated therewith shall hereinafter be referred to as the "Agricultural Building"; and
WHEREAS, this Restrictive Covenant imposes certain covenants upon the Property,
which restrict the use of the Agricultural Building, as more particularly set forth herein.
NOW, THEREFORE, for 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 convey to the County,
forever and in perpetuity, an interest in the Property, for and in consideration of the recitals and
mutual covenants,terms, conditions and restrictions contained herein:
1. Restrictive Covenant pertaining to use of the Property. The use of the
Agricultural Building shall henceforth be limited to the sheltering or enclosing of livestock,
horses,poultry, feed, or field equipment, or shall otherwise be used in support of an on-site
agricultural operation. An indoor riding arena shall not be considered a barn.
2. Covenant running with the land: binding effect. The provisions of this
Restrictive Covenant shall constitute a covenant that runs with the title to the Property as a
burden thereon for the benefit of the County, its successors and assigns and shall be deemed an
appurtenance to the title to such land.
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.
RECEPTION#: 589616, 06/06/2012 at
03:58:15 PM,
1 OF 6, R $36.00 Doc Code COVENANTS
Janice K.Vos Caudill, Pitkin County, CO
4. Enforcement and Inspection. This Restrictive Covenant and its terms and
representations shall be fully enforceable by the County, its successors,assigns and agents in any
action at law or equity or both,to secure compliance, 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. Moreover,the County and its successors,
assigns and agents shall be permitted access to,and to enter upon,the Property at reasonable
times upon at least 48 hours advance notice to the Grantor or Grantor's representative, solely for
the purpose of monitoring, inspection,and if necessary,remediation of the Agricultural Building
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 bear all costs
and liabilities of any kind related to ownership,operation,upkeep,taxes and maintenance of the
Property, including but not limited to,costs associated with compliance with this Restrictive
Covenant. The County'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.
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. Modification. The terms of this Restrictive Covenant can only be modified by an
amended covenant executed by both Grantor and County and recorded in the records of the Clerk
and Recorder for Pitkin County, Colorado.
9. Venue and jurisdiction. Grantor and the County 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.
10. 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 substantially 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.
d1
11. Section headings. Paragraph or section headings within this Restrictive
Covenant are inserted solely for convenience of reference,and are not intended to, and shall not
govern, limit or aid in the construction of any terms or provisions contained herein.
12. Further actions. The parties to this Restrictive Covenant 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 Restrictive Covenant or any agreement or document relating hereto
or entered into in connection herewith.
13. Notices. Any notice which is required to be given under this covenant shall be
given by mailing the same,certified mail,return receipt requested,properly addressed and with
postage fully prepaid to any address provided herein or to any subsequent mailing address of any
additional parties,as long as prior written notice of the change of address or additional parties
has been given to the other parties to this Restrictive Covenant.
To Grantor:
Aspen High Mesa,LLC
do Doug Kelly,President
P O Box 1308 14-F
Houston,TX 77251-1308
To County:
Board of County Commissioners of Pitkin County
530 E.Main Street, 3`d Floor
Aspen,CO 81611
With Copies To:
Pitkin County Attorney
530 E.Main Street, Suite 302
Aspen, CO 81611
IN WITNESS WHEREOF, Grantor has executed this Restrictive Covenant as of the
date and year first written above.
Grantor
t LA
By: Do g K, ly, P •sident
Aspen High Mesa! C
State of Texas)
) ss.
County of 412/3)
3
The foregoing Restrictive Covenant was acknowledged before me this / day of May
2012 by Douglas C.Kelly •
Witness my hand and official seal "•"'r� EvEIYN M SH ! Texas
•' Notary Public,State of Texas
yon .•,. My Commission Expires
My commission expires on:
'�:;;„;`` January 03, 2016
No Public
ATTEST ACCEPTED BY
0 ii 4. If: _,'llis, Pitkin County Board of County Commissioners
' II , 0 Ail J:.1 ette Jones / By. Michael Owsley, D.
� l
D rputy Clerk Chairman,BOCC
APPROVED AS TO FORM
-.:
,� - Imo . , . :
-.` '/17/,
: n'M.El Ci •y ouben, Date
Cs • • • ttorney Director, Community Development
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LEGAL DESCRIPTION
The Land referred to in herein is located in the County of Pitkin,State of Colorado,and described as follows:
A tract of land being part of Sections 2 and I I,Township 9 South,Range 86 West of the 6th P.M.,Pitkin
County,Colorado and being more fully described as follows:
Beginning at a point whence the Northwest Corner of said Section 2 bears NO3°04'43"W 1,831.65 feet;
Thence S 19°27E 197.00 feet;
Thence S43°27E 181.40 feet;
Thence S 18°23'E 90.00 feet;
Thence S39°08'E 133.20 feet;
Thence S73°51'E 116.63 feet;
Thence S57°00'E 110.67 feet;
Thence S46°33'E 65.00 feet;
Thence S 17°14'E 848.11 feet;
Thence S31°4741"E 2,452.35 feet;
Thence S58°04'30"E 331.20 feet;
Thence S06°56'23"W 23436 feet;
Thence S27°29'29"W 410.94 feet;
Thence S20°04'58"W 403.05 feet;
Thence S01°22'16'W 629.64 feet;
Thence S06°26'12"E 773.37 feet;
Thence S 18°38'E 136.00 feet;
Thence N86°38'17"E 917.11 feet;
Thence East 214.13 feet;
Thence S89°53'44" East 931.38 feet to a point on the centerline of Snowmass Creek Road;
Thence following said centerline the following courses and distances:
62239 feet along a curve to the left having a radius of 1,100.00 feet(the chord of which bears N12°59'53"W
614.12 feet);
Thence 333.20 feet along a curve to the right having a radius of 1,175.00 feet(the chord of which bears
N21°05'W 332.08 feet);
Thence N 12°5735"W 356.99 feet;
Thence N12°38'01"W 497.24 feet;
Thence departing said centerline,S77°21'59"W 118.57 feet;
Thence N 12°22'47"W 1,274.95 feet;
Thence N26°4715"W 882.00 feet; .
Thence N42°50'51"W 1,418.95 feet; .
Thence N68°26'03"E 102.78 feet;
Thence N43°47'40"W 958.10 feet;
Thence S46°50'01"W 287.23 feet;
Thence N46°16'00"W 18.95 feet;
Thence N57°33'00"W 66.62 feet;
Thence N47°37'42"W 66.79 feet;
Thence N55°13.06"W 61.75 feet;
Thence N47°22'52"W 151.62 feet;
Thence N57°32'32"W 132.99 feet;
Thence N29°28'18"W 143.57 feet;
Thence N48°1211"W 114.25 feet;
Thence N57°38'37"W 43.20 feet;
Thence N59°08'49"W 267.89 feet;
Thence S31°33'W 218.09 feet to the Point of Beginning.
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