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Home My WebLink Aboutbocc.con.180.2013 KtCEPTION#: 600082, 06/05/2013 at 11:10:40 AM, 1 OF 6, R $0.00 Doc Code COVENANTS CONTRACT# 40 20/3 Janice K. Vos Caudill, Pitkin County, CO RESTRICTIVE COVENANT FOR THE USE OF AND AGREEMENT FOR AN AGRICULT��UUR�RALL BUILDING THIS RESTRICTIVE COVENAN ("Restrictive Covenant") is made and entered this 3Ca day of May 2013, by K2 Family ": •: -• •, LLC ("Grantor" or "Owner"), concerning the property known as 1370 Owl Creek Road, Aspen, CO Parcel ID# 2645-345-00-004, located in Pitkin County, for the benefit of the Pitkin County Board of County Commissioners ("County"). WITNESSETH WHEREAS, Grantor owns the real property described as Parcel E, Stapleton Subdivision ("Property"), which Property will contain an agricultural building as allowed pursuant to Sec. 5-20-70 of the Pitkin County Land Use Code. Said agricultural building will be located as shown on the attached site plan (Exhibit"A") and shall contain approximately 1,157 square feet of exempt "barn" floor area as approved in Building Permit No. 0015.2013.prbk. For the purposes of this Restrictive Covenant, the approved agricultural building and all appurtenances and fixtures associated therewith shall hereinafter be referred to as the "Agricultural Building"; and WHEREAS, this Restrictive Covenant imposes certain covenants upon the Property, which restrict the use of the Agricultural Building, as more particularly 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, Grantor does hereby grant and convey to the County, 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 use of the Property. The use of the Agricultural Building shall henceforth be limited to shelter or to enclose livestock, horses, poultry, feed, or field equipment, or otherwise used for in support of an on-site agricultural operation. An indoor riding arena shall not be considered a barn. 2. Covenant running with the land: binding effect. The provisions of this • Restrictive Covenant shall constitute a covenant that runs with the title to the 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 land. 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 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 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. 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 notice to the Grantor or Grantor's representative, solely for the purpose of monitoring, 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 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. The County'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. Modification. The terms of this Restrictive Covenant can only be modified by an amended covenant executed by both Grantor and County and recorded in the records of the Clerk and Recorder for Pitkin County, Colorado. 9. Venue and jurisdiction. Grantor 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. 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 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. 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 construction of any terms or provisions contained herein. 12. 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. 13. Notices. Any notice which is required to be given under this 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 Grantor: K2 Family •. - - LLC 2691 Wallingford Drive Beverly Hills, CA 90210 Attn: Jacob Kotzubei, Manager 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, Grantor has executed this Restrictive Covenant as of the date and year first written above. Grantor By: Jacob bei, anager K2 Family , LLC LiFeoptc121 State of Colorado ) ) ss. County of Pitkin ) 5 A AC S (p. bckNWJIL.bGME,■T The foregoing Restrictive Covenant was acknowledged before me this 3 day of diSq_2013 by JAcoa k.-,-r-LEt • 3 Witness my hand and official seal My commission expires on: M. 13U4 Alt,r Notary Public ATTEST ACCEPTED BY Pitkin County Board of County Commissioners I ' (/03 Je2J ette Jones By: George ewman, Date Deputy Clerk BOCC, Chair APPROVED AS TO FORM s � i2e�, sRCN John M.-Ely/ Cin y Houben, Date Cou ty ttorney Community Development Director il State of California ) CALIFORNIA ALL-PURPOSE County of LoS ANLEIT,C ) CERTIFICATE OF ACKNOWLEDGMENT On Mfr1 3 1013 before me, M M . A ocAt ey N 6taai' eoac. , I (here i seSt name and title tf the officer) personally appeared AC..P 4C 07204 t, \ ? , who proved to me on the basis of satisfactory evidence to be the person whose name$) is/fie subscribed to - the within instrument and acknowledged to me that he/s\e/they executed the same in his/her/t'\eir authorized capacityZtes), and that by his/her/tft r signature on the instrument the person(, or the entity z upon behalf of which the person acted,executed the instrument. 3 I certify under PENALTY OF PERJURY under the laws of the _ . 1 State of California that the foregoing paragraph is true and correct. M. BOCHATEY �, ;1 Commission # 1886074 a_, t,, z `a S. '9- Notary Public-California z WITNESS my hand and official _ � Los Angeles County I_ :24:_ My Comm.Expires Ap_25,2014.10 Signature / 9 ft/-.er A. a � llir (Seal) ± WOPTIONAL INFORMATION Although the information in this section is not required by low,it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information , . The preceding Certificate of Acknowledgment is attached to a document Method of signer Identification 11r i1 //�� v/ra, Coda AaiCk - tJ.+ titled/for the purpose of Itustr 0,t 4--t A Proved to me on the basis of satisfactory evidence: L form(s)of identification 0 credible witness(es) GOvn}■D — Notarial event is detailed in notary journal on: containing ::•es,and dated Page a Entry u The signer(s) capacity or authority is . - . Notary contact: ❑ Individual(s) Other ❑ Attorney-in-Fact ❑ Additional Signer(s) ❑ Signer(s)Thumbprintls) ❑ Corporate Officer(s) - TRie(s) ❑ ❑ Guardian/Conservator III Partner-Limited/General Ill Trustee(s) i ❑ Other. - representing: i Name(s)TOTIOtIT Signer is Representing. r.....�M�...or....,..�,,..o,.....,,,b,..o..,.��...o,...».>a,..o,..>...�..o,.>.,..,a,..w,.,.�,..a...w,.a.,.,.,...,.,Ww,..r.,or,.o......A,w.,n O Copyright 2007-2011 Notary Rotary,Inc.PO Box 41400.Des Moines.IA 50311-0507. All Rights Reserved. item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. ■ Q x p- b k3 N• . yX ®e `n o --10 P 6 dlp e r as r 5n ' ;,E * � l. .=[ . air )A, te j / >9� 1,n . .e � • °. •I �� ,moo^ \\ 4 N \ • ■ x..r.le '\ NNNN Perms Se '° \ • K2 Ranch N_______ ..��.r,..., _ Barn Site Plan Field a a n,+ e • izr in County APR 02 �'y . 2013 1 Community Development • 1 L-1.3 • •