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HomeMy WebLinkAboutbocc.con.179.2013 RECEPTION#: 600017, 06/03/2013 at CONTRACT 12:56:54 PM, NT�1CT# 2' - j/3 1 OF 7, R $0.00 Doc Code COVENANTS Janice K. Vos Caudill, Pitkin County, CO RESTRICTIVE COVENANT THIS RESTRICTIVE COVENANT ("Covenant") is made and entered this q- day of April, 2013; by Laurie Adams, Matthew E. Barnett, Paul D. Harry, and Kurt Keller (-Grantor-) for the benefit of the Pitkin County Board of County Commissioners. WITNESSETH WHEREAS, Pitkin County, Colorado, a political subdivision of the State of Colorado ('Grantee"), has established a transferable development right ("TDR") system, Title 8 2006 Pitkin County Land Use Code, as may be amended from time to time (the "Land Use Code"); WHEREAS, Grantor is the fee simple owner of that certain real Property in Pitkin County, Colorado that is more particularly described on Exhibit A attached hereto and made a part hereof by this reference (the "Property"); WHEREAS, contemporaneously with the execution of this Restrictive Covenant, Grantee is executing and delivering to Grantor ONE irrevocable TDR certificate(s) bearing Certificate Nocsl: /R- 02- /3 -SW WHEREAS, the Grantor has represented that no development or improvements currently exist on the Property; and WHEREAS, in exchange for the issuance of said certificate(s) by Grantee and consistent with the intent and stated purposes of the TDR system, Grantor is prepared to restrict and covenant the Property against any future development, as that term is currently defined in the Land Use Code, in perpetuity. NOW, THEREFORE, for and in consideration of the issuance to Grantor of Certificate No( ). /12,-02-13-5W , 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 Grantee, 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 the Property. Grantor hereby restricts the Property in perpetuity against any and all future development, as defined in the Land Use Code, commencing on the date of this restrictive covenant. Such restrictions shall include, but are not limited to, the future development of any single family or other residential, commercial or, industrial structures, as well as the future development of any recreational uses, as well as any change in the current existing use of the unimproved Property. Grantor acknowledges that any future development right in the Property has been severed from the Property by operation of this restrictive covenant. 2. Covenant running with the land: binding effect. The provisions of this deed restriction shall constitute a covenant that runs with the title to the Property for the benefit of the • `,. Grantee, its successors and assigns and shall be deemed an appurtenance to the title to such land. Grantor and its successors, heirs, assigns and transferees acknowledge that the TDR certificate(s) issued in consideration for this restrictive covenant is/are severed from the Property and that any sale, lease or other transfer of title to the Property shall not constitute a transfer of the TDR certificate(s) and any rights therein. 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. 4. Enforcement and monitoring. This restrictive covenant and its terms and representations shall be fully enforceable by Grantee, 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. Violation of any of the terms or representations of this restrictive covenant may also result in the administrative cancellation of the TDR certificate(s) by the Grantee. Moreover, Grantee and its successors, assigns and agents shall be permitted access to, and to enter upon, the Property at reasonable times solely for the purpose of monitoring, inspection, and if necessary, remediation 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. Grantee'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. Prohibition against future TDR. Unless otherwise provided by the Land Use Code and agreed upon by Grantee, Grantor shall not be entitled to any future, additional TDR arising from ownership of the Property following the execution of this restrictive covenant. 9. Modification. The terms of this restrictive covenant can only be modified by an amended covenant executed by both Grantor and Grantee and recorded in the records of the Clerk and Recorder for Pitkin County, Colorado. 10. • Venue and jurisdiction. Grantor and Grantee 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. 11. 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 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. IN WITNESS WHEREOF, Grantor has executed this restrictive covenant as of the date and year first written above. Grantor B : Laurie�tOwner] Ogooly SfIPU eller plc A State ofo ) ) ss. County of-ifi k n ) The foregoing Restrictive Covenant was acknowledged before me this l day of April, 2013 by K.a S/y gateli Witness my hand and official seal My commission expires on: ate Notary Pub'1 • NAN YANG Notary Public - State of New York NO. 01YA6239602 Qualified in Queens • ty My Commission Expires i �! S a (J By: Paul D. Harry [Owner] State of Colorado ) GkeC\DY. ) ss. County of Pitcin The foregoing Restrictive trictive Covenant was acknowledged before me this 9 day of April, 2013 by Clln\ 1 t �Yrt Witness my hand and official seal My commission expires on: SAN_ ZO�lp rOFFICIAL SEAL ' DILLON JON BORTON NOTARY PUBLIC-OREGON �1, COMMISSION NO.468598 eta Public COMMISSION EXPIRES JUNE 23,20 ry (This space has been intentionally left blank) 1/ By: Mathew R. Barnett �T�Ttve c�'F .c.-r.. 1 of I A A I-1Q ► xr' (b m LI (bp r, QW, oars uc cc , VE() State of Colorado ) ) ss. - County of Pitkin ) The foregoing Restrictive Covenan was acknowledged before me this day of April, 2013 Witness my hand and official seal / My commission expires on: f/ e/r .1116/tit Notary Public l7 1 NAN YANG . Notary Public - State o!New York NO. 01YA6239602 Qualified in Queens Co iv My Commission Expires 'Inv- /. (This space has intentionally been left blank) 5— By: Kurt Keller [Owner] State of Colorado ) ) ss. County of Pitkin ) . - h The foregoing Restrictive Covenant was acknowledged before me this // day of April, 2013 by Witness my hand and official seal / My commission expires on: / — a 7' v20ra?o7 tttt %Deno OC� . ; J .i)O Notary PubliccL ACCEPTED BY •,2; 'se` -'J~:/ Pitkin County Board of County Commissioners S ' - A._ Clco.,I R By: [Name [Title] - /3 State of Colorado ) 7° ) ss. County,,of Pitkin ) /gyp 1 0t11atp ig,Restrictive Covenant was acknowledged before me this �� day of 2013 G ': t0 Dz.-P-1 44 odr trVAtt eeksuttirhafitl and official seal PDfy Ss o Sn expires on: 7—t• —20/6 • �A. - — S o ary Public COMMITMENT FOR TITLE INSURANCE • SCHEDULE A 1. Effective Date: March 22.2013 at 8:00 AM Case No. PCT22995W2 2. Policy or Policies to be issued: (a)ALTA Owner's Policy-f Amount$ Premium$ Proposed Insured: Rate: Standard (b)ALTA Loan Policy-( Amount$0.00 Premium$0.00 Proposed Insured: Rate: (c)ALTA Loan Policy-( Amount$ Premium$ Proposed Insured: • Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: LAURIE B.ADAMS(AS TO 1/3 INTEREST)and MATTHEW E. BARNETT(AS TO i/6 INTEREST) and PAUL D. HARRY(AS TO 1/3 INTEREST)and KURT KELLER(AS TO 1/6 INTEREST)and MATTHEW E. BARNETT and PAUL D. HARRY and KURT KELLER 4. The land referred to in This Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: \/ CLIFTON BOY LODE, U.S.M.S. NO. 6010,being in Section 25,Township 10 South, Range 65 West of the 6th Principal Meridian. as described in the Patent recorded in Book 337 at Page 704, Pitkin County, Colorado. PiTKIN COUNTY TITLE,INC. Schedule A-PG.1 601 E.HOPKINS,ASPEN.CO.81611 This Commitment is invalid 370-925.1756 Phcne/970-925.5527 Fax unless the Insuring 877-217-3158 Tan Free Provisions and Schedules A and B are attached. AUTHORIZED AGEN Countersigned: maw / ,1' • RECEPTION#: 600018, 06/03/2013 at 12:56:55 PM, 1 OF 1, R $0.00 DF $0.00 Doc Code POA Janice K. Vos Caudill, Pitkin County, CO POWER OF ATTORNEY (REAL ESTATE) imp ALL =Y THE PRESENTS, that, LAURIE B. ADAMS of the County of ( ` , State of ., do make, constit to nd appoint BRADLEY BARNETT, of the County of ft as cod,' , State of € Ill , to act as my true lawful attorney for me and in my name, place and stead for my sole se and benefit to grant, bargain, sell, convey, purchase, encumber or contract for the sale or purchase of the following described real estate situate in the County of Pitkin, State of Colorado, to wit: • CLIFTON BOY LODE, U.S.M.S. NO. 6010, being in Section 25, Township 10 South, Range 85 West of the 6th Principal Meridian, as described in the Patent recorded in Book 337 at Page 704, Pitkin County, Colorado. My said attorney-in-fact is hereby authorized and empowered to collect such monies as may become due from the sale, and to make, execute, acknowledge and deliver contracts for sale, deed, Deeds of Trust, and other Instruments in writing of every kind and nature, including, but not limited to, the sale and loan closing documents and statements, upon such terms and conditions as my said attorney may deem necessary and convenient to accomplish such sale or conveyance of said real estate. My said attorney shall have full power and authority to do and perform all acts necessary to be done to complete a sale or conveyance of said real estate,with full power of revocation, hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done by virtue of the Power of Attorney and the powers contained herein. This Power of Attorney shall not be affected by disability of the principal./ This Power of Attorney shall automatically expire by its own terms upon completion of the limited purpose set forth above. Nwc..,b err EXECUTED this 1.G day of-October; 2012 Jd� I'(� � 111 ,,,-r LAURIE B. ADAMS :STATE OF �7 COUNTY OF 1" q on- ithAlthAwe The foregoing instrument was acknowledged before me this lc. day of October-, 2012 By: LAURIE B. ADAMS / my commission expires: `d'ac-14, 1111.11Ar eary Public ;PCT22995 DANIEL G HOLCOMB NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084027699 COMMISSION EXPIRES AUGUST 25,2016 Ce •41 5W1 Nass &,u N . \.