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Home My WebLink Aboutbocc.con.172.2013 CONTRACT Un g0 I% RECEPTION#: 599735, 05/23/2013 at 01:11:25 PM, 1 OF 4, R $0.00 Doc Code AMENDMENT Janice K. Vos Caudill, Pitkin County, CO FIRST AMENDMENT TO THE COVENANT IN ASSOCIATION WITH DESIGNATION OF THE A.R. SMITH CABIN TO THE PITKIN COUNTY HISTORIC INVENTORY This First Amendment ("Amendment") to that certain Covenant in Association with Designation of the A.R. Smith Cabin to the Pitkin County Historic Inventory dated October 2 , 2003, recorded as Reception No. 490535 ("Covenant") is made on the AO-r" day of //o , 2013, by Difficult LLC, a Delaware limited liability company("the Owner"). RECITALS A. The Owner owns the property located west of the Roaring Fork River, approximately three miles east of Aspen, which is more specifically described in Exhibit A ("the Property"). B. The Property is encumbered by the Covenant. C. The Cabin (as defined in the Covenant) is located on the Property. C1 D. The Covenant limits the size of the Cabin to 3,250 square feet of floor area. E. On June 14, 2012, the Owner submitted a land use application("Application") to Pitkin County to amend the Covenant to permit the Cabin to be expanded to 4,890 square feet of floor area. kr F. On September 25, 2012, the Pitkin County Community Development Director approved Administrative Decision No 72-2012 ("Decision") recorded as Reception No. 592796, which approved the Application and permitted the Cabin to be expanded to 4,890 square feet of floor area subject to compliance with the conditions in the Decision. • AMENDMENT TO THE COVENANT NOW THEREFORE, in consideration of the above recitals and development approvals granted under the current regulatory scheme of Pitkin County for preservation of historic > 8 resources, the following amendment to the Covenant is made in perpetuity by the Owner to U > and for the benefit of Pitkin County for preservation of the Cabin. pC : r 8 1. Size of the Cabin. The Cabin may be expanded to 4,890 square feet of floor area N ct C subject to compliance with the Decision. All other provisions of the Covenant 5 c a remain in effect. eo U to T o 12. Recordation. Once fully executed, this Amendment shall be recorded in the Office of n o v the Pitkin County Clerk and Recorder. 0 zg„iy, o O ct > 3. Binding Effect. The provisions of the Covenant, as amended by this Amendment R- ;• 43 shall run with and constitute a burden on the Property and shall be binding on and tu v ,", LL E inure to the benefit of the Owner and Pitkin County, their successors and assigns. w o O • 1 The Owner may assign its obligations under the Covenant, as amended by this Amendment,to any homeowners' or unit owners' association established for the Property in which the Cabin is located, in which case such homeowners' or unit owners' association, as the case may be, shall expressly assume and be solely responsible for the Owner's obligations under the Covenant, as amended by this Amendment, and the Owner shall be released therefrom. 4. Conflict. If discrepancies exist between the Pitkin County Historic Inventory Record and this Amendment, this Amendment shall prevail. 5. Amendment. This Amendment may be amended only by written instrument executed by the parties, upon approval of Pitkin County. 6. Enforcement. Pitkin County may bring any legal proceeding it determines to be required to enforce the provisions of this Amendment. Pitkin County shall be entitled to an award of damages or injunctive relief, as appropriate, for the violation of any term of this Amendment by the Owner or successors. 7. Severability. If any of the provisions of this Amendment are determined to be invalid, it shall not affect the validity of the remaining provisions hereof. 8. Attomey's Fees. In the event either party initiates proceedings for the enforcement of this Amendment, the prevailing party shall be entitled to its reasonable costs and attorney's fees associated with such proceeding. 9. Non-Waiver. Any failure to enforce a requirement of this Amendment shall not constitute a waiver of the right to enforce such terms in the future, and shall not constitute a waiver of the right to further enforcement of any requirement of this Amendment. OWNER: DIFFICULT LLC, a Delaware limited liability company By: AF€01 • Xr06dal Alfred L. Deaton III, Member and Manager 2 THE STATE OF TEXAS COUNTY OF HARRIS On this 30th day of April, 2013, before me, the undersigned notary public, personally appeared Alfred L. Deaton III, known to me to be the person whose name is subscribed to the within document and acknowledged that he executed the same for the purposes therein contained. Given under my hand and seal of office this 30`h day of April, 2013. SIMI A n'rr+ BRENDALEE Brenda G. Lee 41' MY COMMISSION EXPIRES Notary Public in and for the State of Texas sz'f..'St's June 7,2017 My commission expires: 4 /11 ,1 3 THE COUNTY: Board of County Commissioners Pitkin County, Colorado q Chairman dr.. n t0 0e K [{� STATE OF e0/,a,0 ) ss: COUNTY OF /f6!/w ) The foregoing instru, ent was acknowledged before me this,-? day of 1fa , 2013, by l/7!.co -e vu-, Chairman of the Board of County Commissioners of Pitkin Countyolorado asGVS T A FS Witness my hand and official seal. f`Cr tgy_.. y OQ,RY my commission expires. - 5- mil/ 6 O .,, #r )mss ,tary Public - tfiOf.,C 4 ' 4 • • • EXHIBIT ' • LEGAL DESCFat°flON A tract of land situated in the Southwest 1/4 of the Southwest 1/4 of Section 28,Township 10 South,Range 84 West • of the 6th Principal Meridian,Pitkin County,Colorado,more particularly described as follows: Beginning at a point whence the southwest Section Corner of Section 28 monumentcd with a 1978 BLM Brass Cap beers S 10°3053"W a distance of 996.34 feet;thence 3.87 feet along the arc of a non tangent curve to the right- having a radius of 100.00 feet an included angle of 02°12'5&",and the chord bears N 03°51'18"E a distance of 3.87 • feet,thence N 04°57'46"E a distance of 85.48 feet;thence 37.69 feet along the arc of a tangent curve to the left having a radius of 150.00 feet,and included angle of 14°23'51",and the chord bears N 02°14'09"W a distance of 37.59 fee;thence.N 09°26'05"11 a distance of 79.54 fee;thence 4.75 feet along the arc of a tangent curve to the right having a radius of 75.00 feet,an included angle of 3°3745",and the chord bears N 38°04'36"E a distance of 103.98 feet; thence 108.94 feet along the arc of a tangent curve to the right having a radius of 150.00 feet,an included angle of 4l°36'39",and the chord bears S 77°14'09"E a distance of 106.56 feet;thence 115.55 feet along the arc of a tangent curve to the left having a radius of 350.00 feet, an included angle of 18°54'58",and the chord bears S 65°53'18"E a distance of 115.03 fee;thence S 75°20'47" E a distance of 120.81 feet; thence 32.61 feet along the arc of a tangent curve to the right having a radius of 200.00 feet,an included angle of 09°20'31",and the chord bears S 70°40'31"E a distance of 32.57 feet;thence S 66°00'16"E a distance of 50.39 feet thence 26.00 feet along the arc of a tangent curve to the left having a radius of 200.00 feet,an included angle of 07°2659",and the chord bears S 69°43'45°E a distance of 25.99 feet;thence S 73°2715"E a distance of 65.11 feet;thence 46.90 feet along the arc of a non tangent curve to the right having a radius of 70.00 feet,an included angle of 38°23'09", and the chord bears N 53°40'10 E a distance of 46.02 feet; thence N 72°51'45" E a distance of 26.54 feet to the intersection with the boundary of the White River National Forest,United States Department of Agriculture;thence . along the boundary of the White River National Forest as shown in Plat Book 437 at Page 420 in the Pitkin County Clerk and Recorder's Office for the following four(4)courses: • • 1. S 07°34'00"E a distance of 0.75 feet; 2. thence S 11°04'00°E a distance of 106.22 feet; • 3. thence N 89°00'00°E a distance of 24.98 feet 4. thence S 00°3558"W a distance of 62.49 feet; thence N 89°58'37"W a distance of 622.29 feet to a point on the east line of a tract of land described in a Deed at Reception#107531 in the Pitkin County Clerk and Recorder's Office;thence N 89°5837"W a distance of 30.96 feet • to the point of beginning. Parcel also described in Carney/Black Diamond Development Corporation Lot Line Adjustment Plat recorded July 11,2007,under Reception No.539775. . • • • • • • • • •