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Home My WebLink Aboutbocc.con.309.2012 f � RECEPTION#: 594759, 12/12/2072 at , 02:01:15 PM, ��N�A�#_��2�1��-- 1 OF 5, R $0.00 Doc Code COVENANTS '�""�'�� Janice K.Vos Caudill, Pitkin County, CO RESTRICTNE COVENANT FOR THE USE OF AND AGREEMENT FOR AN AGRICULTURAL BUILDING T�TTS RESTRICTIVE COVENANT ("Restrictive Covenant") is made and entered this Rf� day of August 2012,by Aspen Kiwi Properties,LLC ("Grantor" or"Owner"), concerning the property known as 0875 Star Mesa Road,Aspen, CO 816I 1, State Parcel ID# 2643-224-00- 010,more specifically described in Exhibit"A"attached hereto,located in Pitkin County,for the benefit ofthe Pitkin Cauniy Board of County Commissioners("Count}�'}. WITNESSETH WHEREAS,Grantor owns the real property described in Exhibit"A"("Property"),aka the"Rondelay Parcel",which Property will contain an agricultural building as allowed puisuant to Sec.5-20-70(j)of the Pitkin County Land Use Code. The parcel contains 40.252 acres and is allowed a total of 4,060 square feet of exempt agricultural floor area. The proposed agricultural building will be located as shown on the site plan recorded at Book 100 and Page 35 in the Pitkin County Clerk and Recorder's Office,and shatl contain approximately 1,725 square feet of exempt tloor area as approved in Building Pernnit No.0022.2012.prbk. This is the second Agricultural Restrictive Covenant for the parcel,the first being for a 2,332 squu•e foot bain. For the purposes ofthis Res�i-ictive Covenant,the approved agricultural building and all appui�tenances and fixtures associated therewith shall hereinafter be refeired to as the "Agricultuial Building";and WHEREAS,this Restrictive Covenant imposes cei�tain covenants upon the Propeity, which restrict the use of the Agricultural Buiiding,as m.ore particularly set forth herein. NOW,THEi2EFO�tE,for and in cansideradon ofthe covenants,teims,conditions,and restrictions hereinafter set forth and for other good and valuable consideration,the receipt and sufficiency are hereby acicnowledged,Grantor does hereby grant and convey to the County, forever and in perpetuity,an intei�est in the Property,for and in consideration of the reci#als and mutual covenants,teims,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 shelter or enclose livestock,feed,or feld equipment,or otlieiwise used in support of an on-site a�icultural operation. An indoor riding arena shall not be considered a harn. 2. Covenant running with the land:binding effect. The provisions ofthis Restrictive Covenant shall constitute a covenant that ivns with the title to the k'roperty as a burden thereon for the benefit of the Cour�ty,its successors and assigns arad shall be deemed an appurtenance to the title to such Iand. 3. Permitted uses and actavifies. As owners af the Property,the Grantor retains the iight to pe�-foim any act consistent with the Land Use Code ta the extent such act is not proh�.ibited or limited by the requirements of this Restrictive Covenant. These ownership iights � l { include,but are not limited to,the right to exclude any member af 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 const�ued to be an approval by Grantee under the Larxd Use Code for any purpose. 4. Enforcement and Inspection. This Restrictive Covenant and its tei�ns and repz�esentations 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 activiry in violation of the teims of this Resnictive Covenant and to return the Pmperty to its condition priar 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 notxce to the Grantor ox Grantox•'s representative,solely for the puxpose of z�noz�itoring,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 responsibzlities and shaIl bear all costs and liabilities of any kind related to ownership,operaiion,upkeep,taxes and maintenance of the Pibperty,including but not�im�ited to,costs associated with compliance with this Reshictive Covenant. The County's acceptance of this Resnictive Covenant shall in no way be construed as an assunnption of any duties or liabilities associated with the Property and Grantor acknowledges that by this Rest�ictive Covenant,Grantor continues to retain responsibzlity fox any and aIl duties and liabilities associated with the Property. 5. Subordination. At the time of the conveyance of tl�is Rest�ictive Covenant,the Grantor i�epresents that the PropeiTy 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 ofthis Restrictive Covenant. 7. �ncorparation of the Land Use Code. The Land Use Code,as may be amended fiom time to time,and any term.s or definitions contained therein,are hereby incoxporated by this reference in their entirety. 8. Modification. The teims of this Restrictive Covenant can only be modified by an amended covenant executed by both Grantor and County and recorded in the recoxrls of the Clerk and Recorder for Pitkin County,Calorado. 9. Venue and jnrisdiction. Grantor and the County consent to venue and jurisdiction in the Dist�ict Court for Pztkin County,Colorado for all mattezs conceming the interpretation and enforcement ofthis 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 actio�.ox suit,whether by final � � s judgment ar out of court settlement,shall recover from the other party all costs and expenses of such action or suit including reasonable attoineys fees. 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 conshuction of any terms or provisions contained herein. 12. Further actions. The parties�o this Restrictive Covenant agree to execute such further documents and take such further acrions as may be reasonably required to carry out the provisions and intent of this Restrictive Covenant ar 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,retum receipt requested,properly addressed and with postage fully prepaid ta any address provided herein or to any subsequent mailing address o£any additional parties,as long as piior written notice ofthe change of address or additional parties has been given to the other parties to this Restrictive Covenant. To Grantor: Aspen Kiwi 1'i�operties,LLC Bank Group,Leve19 148 Quay Street Aukland 1010, New Zealand � To County: Board of County Commissioneis of Pitkin County 530 E.Main Street,3`d Floor Aspen,CO 8I511 With Copies To: John M.Ely Pitkin County Attorney 530 E.Main Street, Suite 3d2 Aspen,CO 81611 IN WITNESS WHEREOF,Grantor has executed this Restrictive Covenant as of the date and year fiist written above. Grantar . _ � , . y: Richaid Kriletich, Man�ager,Aspen Kiwi Propei�ties,LLC � • i State of Colorado ) ) ss, County of Pitkin ) The foregoing Restrictive Covenant was aclaiowledged before me this ��i day of August 2012 by_`�',�o,r��Zri Le.�`c.l.. " O�•�Y'PUel� Wiiness my hand and official seal ��: �� — =TONI ROSE_ My commission expires on: d s 3WER$KY ? '��''�.....�'�•: ��t�..�i� Notary Public My COl�ion El�Q9�Q�s ATTEST ACCEPTED BY Pitkin County Board of Caun�y Commissioners � �� L' ette Jones By:Michael Ows ey ate uty Clerk i BOCC Chair APPROVED AS TO FORM ��:.-°� "__...-^.-�...� " •' c�za,/C� � �,.. John M:Ely � z�Houben,Director Ca�nty orney Community Development G.--°.,--,'- � �_____ � � �x«�� .�� S�DULE A . � � � LEGAL DESCR�TION "PARC`EL OI�TE": . FEE: � � ' . A parcel of Iand sitnated in Lots 1 I and 17 of.Section 22 aLso Lot 19 of Sectioa 23,aIl in � Township 9 South,Range $5 West of fhe Sixth Princigal Meridian Iying Easterly of the Salvation�Ditch of � � said parcei of land is described as follows: � � BEGINNING AT A POTNT whence the Section Carner common to Sectian 15, 16; 21 and 22 i.n said � Township and Range bears North 56°54'28""West 6662.50 feet;. . • thence South 1145.62 feet; . � � � thence Noith 89°24'19""West 147b.55 feet to s.aid ditch; � , thence North 11°17'40""West 90.4Q feet along said ditch; � � ' thence Narth 02°55'24""East 72.03 feet along said ditch; - thence Ndrth 1�4°22'38""East 65.42 feet along said difch; . � thence North 19°28'58""West 57.36 feet; � thence North 18°17'25�""West 11Q.85 feet�along said ciitch; � thence North 04°42'31""East 66.90 feet along said ditch; . thence Nortli 21°10'00""west 54.10 feet a].ong said c}itch; . th.ence North 1Q°32'16"" West 7138 feet along sai.d ditch; � .thence North 17°16`52"" West 94.30 feet along said ditch; ---- ___.._._... . _ _--_- - ----..___. ___._..._.._ .------ ---- . .__....:__ thence North Ol°55'48"°West 94.23 feet along said ditch; . . . thence North 10°18'41""East 106.04 feet alang said ditch; thence North 22°2Q'19""Wesf 76.46 feet along said ditch; thence North 00°57'32""West I27.68 feet along said ditch; � �e�ce No_rth 02°48'S2""East b?.0�feet a1o�g sa�.d �?i.tc1�; thence North 24°13'24"" East 14.78 feet along said ditch; � . thence East 1584.15 feet,more or less to the POINT OF BE�INI�ING. � "PARCEL TWO": � � . EASEMEI�T: � � Tl�e easement rights contained in Easement Agreement recorded August 20, 1985 in Book 493 at Page 156 as Recephon No. 270674 and the Short Form Easement recarded December 4, 1982 in Boak 437 at Page 32 as Reception No.246217 and Access Easement Agreement recorded August 20,.1985 in Book 493 at Page � I46 as Reception No.270673 , � � , , EXCEPTING'TT�FR F.FR OM Any of the portions of sa%d Easements�dedicated to the Star Mesa � � Hameowners Association pursuant to the Star Mesa Declaration of Protective and Restric�ive Covenants recorded Decem:ber 2, 1986 in Book�23 at Page 808 as Reception No. 283644. COUNTY OF PITK7N, STATE OF COLQRADO. ��