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HomeMy WebLinkAboutbocc.con.143.2013 RECEPTION#: 598087, 03/28/2013 at /� CONTRACT# ��3-�� 11:53:48 AM, 1 OF 11, R $0.00 Doc Code AGREEMENT Janice K. Vos Caudill, Pitkin County, CO COVENANT AGREEMENT FOR THE PRESERVATION AND MAINTENANCE OF HISTORIC RESOURCES THIS COVENANT AGREEMENT FOR THE PRESERVATION AND MAINTENANCE OF HISTORIC RESOURCES (the "Covenant Agreement") is made and entered into this ,97°-day of filetve,t, , 2013 by Daniel C. Bunta&Mary E. Manning (hereinafter referred to as "Declarant"), and Pitkin County, Colorado ("the County"). This Agreement shall run with the land described herein and be binding upon the successors and assigns of the parties hereto, subject to the terms and conditions set forth herein. RECITALS A. Declarant owns the real property referred to as the Little Annie Annex Cabin Parcel or the Bunta/Manning Parcel in Little Annie Basin. The Annex Cabin is located at 2600 Little Annie Road and the property is more specifically described in Exhibit A. The State Parcel Identification for this property is 2911-011-00-051. B. There is an historic resource located on the Property known as the "Annex Cabin"that is an element of the Little Annie Mine Site. The location of the Annex Cabin is depicted on Exhibit B and the Annex Cabin is shown in the photos in Exhibit C. C. The Annex Cabin was designated and placed on the Pitkin County Historic Register pursuant to Board of County Commissioners (BOCC) Resolution Number 053-2011 (the "Resolution"), which was approved on May 11, 2011 and recorded in the records of the Pitkin County Clerk and Recorder as Reception Nos. 582087 & 586141. D. This Covenant Agreement is intended by the parties to satisfy the Resolution condition which requires a Covenant Agreement in a form acceptable to the County Attorney to be recorded prior to the submission of a development permit for the additional residence on the Bunta/Manning parcel, in which the Applicant agrees to preserve and maintain the Annex Cabin in accordance with the County's Handbook and Guidelines for Preservation of Historic Properties (the "Handbook"). NOW,THEREFORE,Declarant hereby represents, covenants and agrees as follows: 1. Restoration and Maintenance. Declarant agrees to assume the total costs of rehabilitation and continued maintenance, repair, and administration of the Annex Cabin, in accordance with the Resolution, this Covenant Agreement and the Handbook. 2. Exclusion. Declarant agrees that the County in no way assumes any obligation whatsoever for restoring, maintaining, repairing, or administering the property covered by this Covenant Agreement. However,the County shall be entitled to enforce this Covenant Agreement. 3. Inspection and Compliance. Declarant agrees that the County shall have the right to request inspection of the exterior of the Annex Cabin to assure compliance with this Covenant Agreement, which request Declarant shall not unreasonably deny. Notice of any inspection of the Annex Cabin by the County shall be pursuant to Paragraph 12 of this Covenant Agreement(below) at such times and upon such notice to Declarant as Declarant may reasonably require. Any inspection carried out pursuant to this Paragraph shall be conducted in the presence of Declarant, if Declarant wishes to be present. The purpose of such inspection shall be to ascertain whether the terms of this Covenant Agreement have been and are being met and to insure compliance with the terms of this Covenant Agreement. The Declarant or its representative shall have the right to be present at any inspection conducted by the County pursuant to this Paragraph. 4. Alterations. Declarant agrees that the Annex Cabin shall be maintained in accordance with the Resolution, and no significant alterations that were not contemplated in the Resolution shall be made to the exterior of the Annex Cabin without the approval of the Pitkin County Historic Preservation Officer. 5. Use Change. There shall be no change in the use of the Annex Cabin as an accessory dwelling without the prior written consent of the County. 6. Standards for Review. Review and approval of any proposed construction, alteration, or rehabilitation of the Annex Cabin shall be evaluated by the Pitkin County Historic Preservation Officer through use of the Handbook. Declarant agrees to abide by the Handbook in performing any restoration, construction, alteration, or rehabilitation, of the Annex Cabin. 7. Public Purpose. Declarant agrees that all changes to the Annex Cabin shall be in the spirit of contributing to the public purpose of protecting and preserving the Annex Cabin in conformance with the Handbook. 8. Continuation. In the event that any component part or parts of the Annex Cabin are destroyed or substantially damaged through no willful action or negligence of the Declarant, and only if it is jointly determined by Declarant and the County that the Annex Cabin is to be preserved and not removed, all obligations contained in this Covenant Agreement shall continue unabated. In the event that the Annex Cabin is damaged or destroyed through the willful action or negligence of Declarant,the County may initiate such administrative or judicial actions as it deems to be legally available and appropriate. 9. Reserved Rights of Declarant. Declarant shall have all rights to utilize the Annex Cabin not specifically limited or restricted by this Covenant Agreement.Notwithstanding the last sentence, Declarant shall take no action which is materially detrimental to the purposes of this Covenant Agreement. 10. Binding on Successors to Declarant; Enforcement; Attorneys' Fees. This Covenant Agreement shall be a binding servitude, and shall run with the land and be binding upon Declarant, its successors, transferees, and assigns, in perpetuity, unless terminated by the terms of this Covenant Agreement or by voluntarily relinquishment by the County. If Declarant fails to maintain the Annex Cabin as required by this Covenant Agreement, the County shall have the ability to fix and repair the Annex Cabin consistent with the standards of this Covenant Agreement and collect costs from the Declarant for such repairs after providing written notice to Declarant in accordance with Paragraph 12 below and giving Declarant a reasonable opportunity to complete such repairs. It is explicitly agreed by the parties hereto that this Covenant Agreement shall be enforceable in the courts of the State of Colorado; and that in the event an action to enforce this Covenant Agreement is brought,that the party or parties which substantially prevail in any such enforcement action shall be entitled to recover from the non-prevailing party(ies)the full cost of such action (including reasonable attorneys' fees and costs). The County may enforce the terms of this Covenant Agreement through actions for damages or injunctive relief, or both. 11. Exercise of Rights and Remedies. Failure of the County to exercise any right or remedy granted under this Covenant Agreement shall not be a waiver of any breach of the agreement or rights or remedies to enforce the agreement provided however, after notice of a violation pursuant to Paragraph 12, if the County fails to knowingly enforce a provision of this Covenant Agreement for five years, it waives its right to do so. 12. Notices. Any inspection carried out pursuant to Paragraph 3 of this Covenant Agreement shall be at such times and upon such notice to Declarant as Declarant may reasonably require. Any notice allowed or required by this Paragraph shall be served on Declarant. Any notice, consent or approval which is required to be given hereunder shall be given by certified mail, return receipt requested,properly addressed and with postage fully prepaid, to any address provided herein or to any subsequent mailing address of the party as long as prior written notice of the change of address has been given to the other parties to this Agreement; or by fax. In the case of faxed notice,there shall be duplicate mailed notice to insure that faxed notice is received. All such notices shall be effective seven days following the date the notice was deposited in the U.S. Mail or faxed. Said notices, consents and approvals shall be sent or faxed to the parties hereto at the following addresses unless otherwise notified in writing: To Declarant: Daniel C Bunta&Mary E Manning P.O. Box 9626 Aspen Co 81612 (970) 920-7859 To County: Pitkin County Community Development Director 530 E. Main Street Aspen CO 81611 970 920-5526 970-920-5439 (Fax#) 13. Severability. Whenever possible, each provision of this Covenant Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said ... applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invaliding the remaining provisions of such document. 14. Choice of Law. This Covenant Agreement and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. 15. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to, and be binding upon the heirs, successors, and assigns of the parties. 16. Section Headings. Paragraph or section headings within this Covenant Agreement 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. 17. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Covenant Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Covenant Agreement. However,the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 18. Gender and Number. Whenever the context so requires herein,the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 19. Further Actions. The parties to this Covenant Agreement 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 Covenant Agreement or any agreement or document relating hereto or entered into in connection herewith. 20. Modifications. The parties to this Covenant Agreement agree that any modifications of this Covenant Agreement shall be effective only when made by writings signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. IN WITNESS WHEREOF,the parties hereto have executed this instrument on the day and year first above-written. DECLARANT BY: 7 �CC Name: Daniel Bunta & Mary En g PI 41 COUNTY COMMUNI i VELOPMENT DEPARTMENT 14/A BY: ame: Cindy Hoube 1 irector List of Exhibits A l Legal Description i3- Map Showing Location of Annex Cabin (2- Photos of the Annex Cabin f_ °Mil)/= p /7X r 7'1 Ssext bt,A, &_,Ak (0( KIEL z3vfi aGN ZO b.ti, 4w) t9ARyC M,cth/1N $ TODD A LAY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19994002109 � / T W COMMISSION EXPIRES JANUARY 25,2015 (V P / CONSENT AND ACKNOWLEDGEMENT OF COUNTY: The Board of County Commissioners of Pitkin County, Colorado hereby accepts, consents to and acknowledges that the forgoing Covenant satisfies Condition No. 3 of Board of County Commissioners Resolution No. 053-2011. PITKIN COUNTY BOA' 1 OF COUNTY COMMISSIONERS: By: QA,eorge N' an, • airman;_ STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this rl day of al 62-v , 2013 by George Newman, Chairman of the Board of County Commissioners for Pitkin County, Colorado. Witness my hand and official seal. �■ 5 A'FS''' i � � , _ � � My commission expires: I—/ ' NQtars 1?ublic PUO‘ Q; " 4..F0F C.0 s List of Exhibits A. Legal Description B. Map Showing Location of Annex Cabin C. Photos of the Annex Cabin EXHIBIT"A" LEGAL DESCRIPTION Ttract hip 11 South,Range 84 West f the Township Principal Meridian,an,Pitkln County,Colorado,described as follows: 6, All of the following: Eclipse Lode U.S.M.S.No.3063; Judy Lode U.S.M.S.No.5900; Little Mary Lode U.S.M.S.No.5900; The North 80'of the Pride of The South Lode U.S.M.S.8472 lying easterly of the center line of the Little Annie Road. All of the Denver Lode U.S.M.S.No.5782 lying easterly of the center of the Little Annie Road; All of the Lena M.Lode U.S.M.S.No.6453 lying easterly of the center of the Little Annie Road; That portion of the Little Annie Lode U.S.M.S.No.2228 described as follows: That portion bound on the west by the center of Little Annie Road and bound on the east by a line beginning at a point on line 1-4 of said lode being N 74'04'E 312.86 feet from said corner 4,that bears S 79.27'57"E 679.75 feet to line 2-3 of said lode. That portion of the Eureka Lode U.S.M.S.No.2227 described as follows: beginning at a point at the intersection of the center of Little Annie Road and line 1-4 of said lode whence said corner No.4 bears S 74'04 W 204.39 feet; thence N 10'45'44'E 47.50 feet along the center line of said road; thence S 79'27'5r E 96.92 feet to line 1-4 of said lode; thence S 74'04'W 108.47 feet along line 1-4 of said lode to the Point of Beginning. That portion of the Richmond Lode U.S.M.S.No.2598 descimbed as follows: Beginning at corner No.3 of said lode; thence N 15°58'W 260.42 feet along line 2-3 of said lode; thence N 74'19'E 300.00 to line 4-5 of said lode; thence S 15'56'E 404.99 along line 4-5 to corner No.4 of said lode;• thence N 80'00'W 333.59 feet along line 4-3 of said lode to the Point of Beginning. That portion of the Old Reliable Lode U.S.M.S.6659 described as follows: Beginning at corner No.5 of said lode; thence N 15°49'W 396.27 feet along line 5-6 of said lode; thence N 74'19'E 300.02 to line 3-4 of said lode; thence S 15`49'E 540.71 along line 3-4 to corner No.4 of said lode; thence N 80'00'W 333.28 feet along line 4-5 of said lode to the Point of Beginning. 000063 9 AlIAurim m"_=. LEGAL DESCRIPTION SIGNATURE BLOCKS I VICINITY MAPI d E PsE PERCENT.,to.aRESta]]oESE ALL 1.sx a \\ \ O m • ) --'''''''..\\.. eocUexI.NO w `NINE,saw 'Z'xaa Inr PEeaxrust tcso DISCLAIMER r] _ - •s _ ,LL suRP,cE L xt xwER,L NrxE,swt Applicant acknowledges that he/she has been Informed ._ \ .mesai tern x+xuxr.cE s]rw xwoe i.i..w'z by Pitkln County of the existence of enviromental � Y E N_• "sc:LL sr P hazard areas that might affect the property, any aw P".51°f T1E so:w'IIIR u c a�"" u" "a«,cl`.v.E."siaz impr • Q N• xoarN ct Pr xG EL+rc ,c x rNC inili ovements,and the use and occupancy thereof, the w CC55 m provisions of the Pitkin County regulations do not m ., j Z S a N�c immix�.NrEps�rasa is{�uuarcfc"o.mxFr s;] L r"e of"vEx any way assure or imply that areas outside of P O❑ - Lx` E L designated hazard areas will be free from hazards, .o,, � I yr° a tuO] ivixG ar�? gm;i`Lir`riES>wuiso.trim ALL rrc LEx,x or that aproved mitigation measures will guarantee ' - y El_ 5 The saftey of any property. """' $ 3 4V INN!DT LITTLE E CE TER ANNIE MS[ALL LE LRxn HIxER4 THAI PORTION E LI. x ` ` CI INE OF LITTLE PaNt W THE ,LIM t L " zr w.r DEARS s n DEG 27•57.E wars Pr TD uxE z] SAID Owner / Applicant: Dan Bunta Mary Manning • = N FNMA SAID xtx.r ....... N N"s"Ali x,ncP za TI , mi tAlli'cx`xExr"ER of LWil ANZETF '` o Ew+E,E!;a� ,r.P.,r s,�t ,R :..t t.w r •a•[.iso pro wxrxc cc xE �oi'v Roa:i c*�+Lms`+i9N;17-4"a This Site Plan/ roveActivity Envelope Plan has been .. i m SAID L`ODErTO.`HE Poe NNE.mse rN s r , reviewed and approved by the Board of County SIT ,cRES-m.m Esc raL _ Commissioners this__day of .2010, subject to - x .c,xwi:rcw xo in LOPE ALL SURFACE E v irgape PmEr wtxs=e] Community Development Resolution no__ recorded c]ttw P. as reception no .. �ae• i:Lwxz L�+sni p O ca r+o. snit Lou r"n e`o rccrm v 333.59 FT s ages`� .... .LONG LINE SAID Lone TO THE Pm NM.USD - wxE x.xE.at REUnvu;,cxs ia]]cesc,u suRP,cE L xt xrxER,L rccwwc,r .,.- Anne • CGR xt a I ],It LatE l' x IS 1e x9v]e52r rt Chairperson .�-• "'"' +:.....=w, " S! t • Acreotonce for rernrHinq `. '� This Site Plan / Activity Envelope Plan has been accepted for fling in the office of the Clerk and - Recorder of the county of Piktin, state of Colorado, 0 at o'clock, _m. This ____ day of ,In plot + ;' _.--_ book____at page ____ OS reception number ,' _ 4 Clerk and Recorder Deputy Q Q cc C Z O 0 Z w O O Z Z LITTLE ANNIE ROAD �\ Z 5 Z•PUBLIC \ Q J 5 \ scc`cY"' 00j PRIG fj CE/ /- \ )14 L1J = Z EXISITNG (ENVELOPE— -/-/- I— m ' TO C I / \ / i/ d ---.-_ Ems- 1 /- UPPER HURRICANE ROAD' 6 , I , ...i....... .. \ '"""" � 36 AC T01^,'NSHIP 11 SOUTH RANGE 84 WEST t�- "' ""'""" TREE/FOREST LINE -� Or THE 6th P.M. (:S1 • ' HOT TUB SHED --� 1 ____ J HISTORIC ANNEX CABIN —_�-�- —_— I -rot-u- HISTORIC A/lNIE CABIN PRIVY STORAGE SHED I " UN —�_ eo ca,:,,:ro, A . 010 ARIES Of I —�.?�CEI--- s BOUNDARIES OF PARCEL -4 y .. ait • le 4 Am ,,,i. x ..mwv, vcM�wim ua.rv.,me Nw mn. � m, s x'"3P�^ Cad . Ss1W���X:,�fr �,""'3'Y2'➢ M � ,. pt q «h ,,,,d•'' ' .1....... ...: ji . / / : / , 1 - ,F• «` "� 4. 4 .,,4 41. 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