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RECEPTION#:596130, 01/44/2013 at
� �� t ' CONTRACT#/,li� ' (�/.3 03:15:25 PM,
1 OF 6, R $0.00 Doc Cade COVENANTS
Janice K.Vos Caudill, Pitkin County, CO
RESTRICTIVE COVENANT
FOR THE USE OF AND AGREEMENT FOR
A HAY STORAGE BARN AND AN
AGRICULTURAL EQUIPMENT STORAGE SHED
� THIS �ST�,�,R7�C IVE 3�VENANT ("Restrictive Covenant") is made and entered this
� day of R��2�, by Barry - Wehmiller Group, Inc., a Missouri corporation
("Owner"), concerning two agricultural buildings, as described below, located on the real
property known as 100 East River Ranch Road, Snowmass, CO 81654, Parcel ID#
246725200001, more specifically described in Exhibit "A" attached hereto, located in Pitkin
County, ("Real Property"), for the benefit of the Pitkin County Board of County Commissioners
("Couniy").
WITNESSETH
WHEREAS, Owner owns the Real Properly which will contain two agricultural
buildings, a Hay Storage Barn and an Agricultural Equipment Storage Shed, as allowed pursuant
to Sec. 5-20-70(j)(1) and (3) of the Pitkin County Land Use Code. Said agricultural buildings
will be located as shown on the attached site plan (E�ibit "B") and shall contain, respectively,
approximately 335 and 989 square feet of exempt floor area as approved in Building Permit Nos.
0062.2012.prbu and 0070.2012.prbu. For the purposes of this Restrictive Covenant, the
approved agricultural buildings and all appurtenances and fixtures associated therewith shall
hereinafter be referred to as the"Hay Barn" and"Agricultural Equipment Storage Shed"; and
WHEREAS,this Restrictive Covenant imposes certain covenants upon the Hay Barn and
Agricultural Equiprnent Storage Shed located on the Real Property, which restrict the use of the
Hay Barn and Agricultural Equipment Storage Shed as more particuIarly 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, Owner does hereby covenant with the County, forever and
in perpetuity, as set forth herein:
1. Restrictive Covenant pertaining to the use of the Hay Barn and Agricultural
Equipment Storage Shed on the Real Property. The use of the Hay Storage Barn and
Agricultural Equipment Storage Shed shall henceforth be limited to sheltering hay and storing
agricultural equipment in sapport of an on-site agricultural operation.
2. Covenant running with the land: binding effect. This Restrictive Covenant
shall remain in full force and effect so long as the Hay Barn and Agricultural Equipment Storage
Shed remain on the Real Property and while that is the case, the provisions of the Restrictive
Covenant shall constitute a covenant that runs with the title to Real 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 Real Property. Tf the Hay Barn and/or Agricultural Equipment Shed is or are
demolished, then this Restrictive Covenant will automatically terminate and cease to be of any
further legal effect as to the Hay Barn or Agricultural Equipment Storage shed, as applicable and
the issuance of a Letter of Completion verifying that the demolition has occurred will be
conclusive proof of said demolition.
3. Permitted uses and activities. This Restrictive Covenant only applies to the Hay
Barn and Agricultural Equipment Storage shed and does not, in any other way, affect the use,
development, sale, lease, conveyance, transfer, assignment, mortgage and/or pledge of the Real
Property (subject to paragraph 6 below) and does not impair, diminish or alter title to the Real
Property whatsoever.
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 Owner, its successars or assigns to
cease and desist all activity in violation of the terms of this Restrictive Covenant and to return
the Hay Barn and Agricultural Equipment Storage Shed to its or their condition prior to any
violation. The County and its successors, assigns and agents shall, no more than once per
calendar year or upon a reasonable and good faith belief that there has been a violation of this
Restrictive Covenant, be permitted access to, and to enter upon, the Real Property at reasonable
times upon at least 48 hours advance notice to the Owner or Owner's representative, after receipt
of notice in accordance with the Notice provision herein (Paragraph 12 below), solely for the
purpose of monitoring, inspecting, and if necessary, remediation of the Hay Barn and/or
Agricultural Equipment Shed in order to enforce and assure compliance with the terms and
conditions of this Restrictive Covenant.
5. Costs and liabilities. Owner shall bear all costs and liabilities of any kind related
to compliance with this Restrictive Covenant. This Restrictive Covenant shall in no way be
construed as an assumption of any duties or liabilities associated with the Restrictive Covenant
by the County.
6. Subordination. The Owner agrees that any mortgage(s) and/or deed(s) of trust
recorded against the Real Property will be subordinated to the Restrictive Covenant.
7. Modification. The terms of this Restrictive Covenant can only be modified by an
amendment to this Restrictive Covenant executed by both Owner and County and recorded in the
records of the Clerk and Recorder for Pitkin County, Colorado.
8. Venue and jurisdiction. Owner 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.
9. Attorneys fees and costs. In the event of any action or suit between the parties
hereto or their successors and/or assigns to enforce any of the agreements, covenants or
restrictions contained herein, the substantially prevailing party in any such action or suit,by final
judgment, shall be entitled to an award from the other party of all costs and expenses of such
action or suit including reasonable attorneys fees.
10. 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.
11. 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.
12. Notices. Any notice which is required to be given under this Restrictive
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 Owner:
Barry - Wehmiller Group, Inc.,a Missouri corporation
c/o Greg Coonrod, Vice President and Corporate Controller
8020 Forsyth Blvd
St. Louis,MO 63105
Phone: 314-862-8000, Ext. 801405
With Copies to:
Hal S. Dishler
Kaufman, Dishler&McAllister,P.C.
315 E. Hyman Avenue, Suite 305
Aspen, CO 81611
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, Owner has executed this Restrictive Covenant as of the date
a ye r first written above.
By: Robert Chapman,
Chairman and CEO
Barry - Wehmiller Group, Inc., a Missouri corporation
State of Colorado )
) ss.
County of Pitkin )
The foregoing Restrictive Covenant was acknowledged before me this �'[ �day of
December 2012 by Robert Chapman, as Chairman and CEO of Barry-Wehmiller Group, Inc., a
Missouri corporation. ---
PATRICK S. RAWLEY
Witness my hand and official seal STA�E OF COLOLRADO
NOTARY ID#19994012259
My commission expires on: "I���i I '2 0 ��° MY ComrtHSSion Expires July 26,2o�s
��
Notary Public
ATTEST: ACCEPTED BY:
i
Pitkin County Board of County Commissioners
\
�
� e� Y
W
Je tte Jones By: Michael . Owsley, Date /-�!-�6/3
D uty Clerk Chair
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_-------__-.___� � .
�--- � > _._ c�
John M. Ely m y Houben, Date I('�.((3
Coun orney Community Development Director
� - t
i .
, �•' �
EXHIBIT A
' ' LEGAL DESCRiP'TION
j FE$: (
i
i A parcel of land situate m Tncts 70 and 72,Sections 25 and 26, ownship 8 S�utb,Range 86
; West af the 6th Principal Meridian being moie particu2arly dcscz�bcd as follows:
i �
; Bcganing A P 8 of Tracfs 71,thonco N 86 de�ees 22 minutes 0 seconds.L'�99.65 feet along
i line 8-?of said Tzact 7I of said Township and Renge;
thence S 16 dogrees 08 minutes 33 seconds W 1150.00 feet;
� ttzencc N 90 dc�00 m.inutes 00 seconds'YJ 650.37 feet; �
� thenca S OQ degrees 08 mi.nutes 06 seconds W 389.82 feet;
thence N 74 d.cgrccs 25 minntes 43 sccQnds W 31.12 fect;
thence N 00 degrees 0$minutes 06 seconds E I422.81 feet To 'e point Of Beginui.ng .
s .
, .
, TOGETFiER WITH thai portion described in Dccd recorded De ember 5,t991 in Book '
i • 663 at Page 73fl as Roccption No.339I98.
� AI�il7 EXCEPT thai portion described in Deed racorded Decanb S,1991 in$ook 663 at Page
, �26 as Receptioa No.339197.
i
� Said praperty is also Imown as
PARCEL B,
j RNER ROAD RANCH COJ GIBBONS IAT LINS ADNS ,
according to the Plat recorded in Plat Book 27 st page 81.
j '
' And also described as follows:
, A parcel of land situate in Tract?0 and 7I,Section 25,'Townsliip 8 South,Range 86 West of the
bth Principal Mcridian being moze particuIarly described as fo�lo s:
Begirming at AP 8 of Tract 71,Section 25,Township 8 South,R e 86 West of the 6'�Principal
Meridian,
tUence N86°22'07'B a distance of 499.65 feet along line 8-7 of s�id Tract 71 of said T'ownshig '
- and Range; �
tfience S16°OB'33"W a distance of 1696.3a feet; �
theace N74°48'14"W a d5stance of 182.95 feet �
thonccN75°I2'43"W a distanco of 3b5.50 feet;
theace NQO°0&'OG'E a distance of 1422.81 feet To The Point Of Boginning.
BASEr�T: '
The Perpetuat Easement for access and uf�lities which is cantainr.l�'d in the Access and Utilities
' F.as�ent Agreesnent recorded 7vne 16,2Q10 as Reccption No.5 0613 and re-recorded February
03,2011 as Reccptian No.577409. � .
LICENSE RIGHTS: �
The Rights of Ingress 8ad Egrass as contained in Yhe Access I sce�se Agrecment recorded March �
42,201 I as Reccption No.57803i, � �
COUNTY OF PTfKII�T,STATE OF COLORADO �
�
� .
. O�derNumber.926056 '
Attached I.egal Dtsaiption j .
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