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HomeMy WebLinkAboutbocc.ord.018.2013 *'s�NTRACT# 02� ����3 RECEPTION#: 60261 t, 08l19/2013 at 01:58:40 PM, �g0 • �� �3 1 OF 4, R $0.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REZONING NICHOLS FAMILY TRUST PROPERTY FROM RS-35 TO CONSERVATION DEVELOPMENT (CD-PUD) � \a � Ordinance No.O/`� -2013 �+ � RECITALS � � � N l. Nichols Family 7'rust ("Applicant")has applied to the Board of County Commissioners of Pitkin � County, Colorado("BOCC")to rezone property from RS-35 to Conservation Development(CD-PUD). ,� � 2. The property is located along North Fork Road, and is more specifically described in Exhibit A. d s `��'� 3. The property is zoned RS-35 and contains 312.35 acres. The property is also within the Pryingpan ,�� Valley Overlay(PPV-O). �,� 4. The Pitkin County Planning and Zoning Commission considered the proposed rezoning at a � �t� regularly scheduled meeting on December 1 I,2012, and recommended approval by a vote of 5-0. • \ q � 5. The BOCC considered the proposed rezoning on tirst reading on February 27,2013,and on second � reading at duly noticed public hearings on May 8 and June 12, 2013. , � �, � � 6. The BOCC finds that the proposcd land is eligible for the CD-PUD zone district designation, as it contains in excess of 160 acres and is located in the Rural Area, and contains environmental or ecological � e1 resources and environmental hazards, and is sensitive to overly intensive development. The proper[y � contains the entirety of the unsubdivided parcel. � � � 7. The BOCC further finds that the rezoning to CD-PUD is consistent with the goal of the Upper � Fryingpan Valley Master Plan"to limit residential development in the Upper Pryingpan Valley to the yj �, maximum extent possible,"and to a density of less than one unid35 acres. �� � 8. The BOCC further finds that the rezoning is consistent with Secs. 2-30-40(i)and 2-40-10(c)(2)of the Pitkin County Land Use Code. NOW,THEREFORE,BE IT ORDAINED by the BOCC that it hereby rezones the Nichols V U Family Trust property from RS-35 to CD-PUD, as shown in Exhibi[ B. Y Z � a � M Z � O N � V n Q C � d � o pa ri U — , n � 'o M � 7 O � 10 � oU � o ; Oa �' � > H �o � Y a iv W r 'a u U � LL 'C � O O � � � Ordinance NoDI T-2013 Page 2 INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 27" DAY OF FEBRUARY, 2013. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON j— '/ , 2013. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com )ON THE rfr DAY OF 'al (m p ,2013. • ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE I2th DAY OF JUNE, 2013. TITLE AND SHORT SUMMARY PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEE Y AND POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ON THE gergi DAY OF /I 2013. ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. BOARD OF COUNTY COMMISSIONERS OF'ITKIN COUNTY, OLORADO � / yt Ai I D T: Georg- Newman, • airman' /tt,' Date Jeane e Jones, Clerk t. e BOCC APPROVED AS TO FORM: APPROVED AS TO CONTENT: `� . ♦ . . John El. , 'ounty • ey •andy ouben, Community Development Director P086-12 PID 247323200039;247323100040 • EXHIBIT "A" LEGAL DESCRIPTION Parcel 1 The Southeast Quarter of the Northwest Quarter(SE%NW/)and the South Half of the Northeast Quarter(S1%NE%)of Section 23 and the Southwest Quarter of the Northwest Quarter(SW%NW/) of Section 24, Township 8 South, Range 83 West of the Sixth Principal Meridian; Parcel 2 The Southeast Quarter of the Northwest Quarter(SE'/.NW'/.), and the South Half of the Northeast Quarter(SANE%.)of Section 22 and the Southwest Quarter of the Northwest Quarter(SW%NW/) of Section 23, all in Township 8 South, Range 83 West of the Sixth Principal Meridian: EXCEPTING THEREFROM the following described parcels: That parcel conveyed to Lynn A. Hancock and Judith Hancock by Deeds recorded November 1, 1966 by Warranty Deed in Book 223 at Page 505. That parcel conveyed to William Mason Linscott and Mary Elizabeth Linscott by Warranty Deed recorded June 20, 1966 in Book 221 at Page 120. That parcel conveyed to Nicholas G. Tsoulos and Ruth M. Tsoulos by Warranty Deed recorded March 30, 1970 in Book 247 at Page 658. That parcel conveyed to Robert M. Dickerson by Warranty Deed recorded April 11, 1969 in Book 240 at Page 345. That parcel conveyed to James M. Wagner and Jean T. Wagner by Warranty Deed recorded December 28, 1971 in Book 260 at Page 379 and Conveyed to James M. Wagner by Quit Claim Deed recorded May 17, 1973 in Book 275 at Page 857. That parcel conveyed to Smith-Perry Employee's Profit Sharing Trust by Warranty Deed recorded October 15, 1971 in Book 258 at Page 637 and rerecorded October 29, 1971 in Book 258 at Page 904. That parcel conveyed to Chester Dillon and Carolyn Y. Dillon by Warranty Deed recorded July 23, 1971 in Book 256 at Page 657. That parcel or parcels conveyed to James Owens by Warranty Deeds recorded May 5, 1969 in Book 240 at Page 913, recorded June 14, 1974 in Book•288 at Page 429, recorded November 22, 1976 in Book 320 at Page 117 and recorded in Book 322 at Page 356. That parcel conveyed to John J. Miller by Warranty Deed recorded August 8, 1972 in Book 265 at Page 698. That parcel conveyed to Dale Randall Watson and Martisha May Watson by Warranty Deed recorded June 20, 1966 in Book 221 at Page 116. That parcel conveyed to Clayton A. Casler by Warranty Deed recorded May 5, 1969 in Book 240 at Page 916. That parcel conveyed to Kathleen R. Green by Warranty Deed recorded November 8, 1976 in Book 319 at Page 268. • [0UU1016 �JJ 2 BURNT MT Q-4 0 A.2 A. ?2 J BURNT MTN F •••' p1D 2-L113z31 00dy0 1 i i________ h .fr_o,_s,t.. ..-.. , ,i'i J NORTH FORK-: �\.,.j _,_--i_.-N,., i ®� FORK LOOP \ ---- I^ * , 1 1 ----?.____ --t-- \x3 PM 2`x"13 2 2?7,D0 °31 •C Rczonc ' pro ptplY.? 3t32oDo314 ���g 2 PiDz Y.? 32; � 000Yo a��� �a Prowl P.s" 3S -h. CD -P A C RECEPTION#: 602611, 08/19/2013 at 01:58:40 PM, 1 OF 4, R $0.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,REZONING NICHOLS FAMILY TRUST PROPERTY FROM RS-35 TO CONSERVATION DEVELOPMENT(CD-PUD) Ordinance No.Ofic -2013 RECITALS 1. Nichols Family Trust("Applicant")has applied to the Board of County Commissioners of Pitkin County, Colorado("BOCC")to rezone property from RS-35 to Conservation Development(CD-PUD). 2. The property is located along North Fork Road, and is more specifically described in Exhibit A. 3. The property is zoned RS-35 and contains 312.35 acres. The property is also within the Fryingpan Valley Overlay(FPV-O). 4. The Pitkin County Planning and Zoning Commission considered the proposed rezoning at a regularly scheduled meeting on December 11, 2012, and recommended approval by a vote of 5-0. • 5. The BOCC considered the proposed rezoning on first reading on February 27, 2013,and on second reading at duly noticed public hearings on May 8 and June 12, 2013. 6. The BOCC finds that the proposed land is eligible for the CD-PUD zone district designation,as it contains in excess of 160 acres and is located in the Rural Area, and contains environmental or ecological resources and environmental hazards, and is sensitive to overly intensive development. The property contains the entirety of the unsubdivided parcel. 7. The BOCC further finds that the rezoning to CD-PUD is consistent with the goal of the Upper Fryingpan Valley Master Plan"to limit residential development in the Upper Fryingpan Valley to the maximum extent possible,"and to a density of less than one unit/35 acres. 8. The BOCC further finds that the rezoning is consistent with Secs. 2-30-400)and 2-40-10(c)(2)of the Pitkin County Land Use Code. NOW,THEREFORE, BE IT ORDAINED by the BOCC that it hereby rezones the Nichols Family Trust property from RS-35 to CD-PUD, as shown in Exhibit B. • • Ordinance No.Olt-2013 Page 2 INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 27°i DAY OF FEBRUARY, 2013. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON j , 2013. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFIC�I L PIT IN COUNTY WEBSITE( www.aspenpitkin.com ) ON THE ~f°� DAY I OF ' V( ad / ,2013. • ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 12'" DAY OF JUNE, 2013. TITLE AND SHORT SUMMARY PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEE Y AND POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ON THE 90— DAY OF U U , 2013. • THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. BOARD OF COUNTY COMMISSIONERS OF�ITKIN COUNTY,. OLORADO n � / Pit - . T T: Georg- ewman, ► airman' t(A, Date Jean' e Jones, Clerk tot e BOCC APPROVED AS TO FORM: APPROVED AS TO CONTENT: John El. , 'ounty • 'a ey • -andy `ouben, Community Development Director P086-12 PID 247323200039; 247323100040 a- EXHIBIT "A" LEGAL DESCRIPTION • • Parcel 1 The Southeast Quarter of the Northwest Quarter(SE%NWY.)and the South Half of the Northeast Quarter(S%NE'/.)of Section 23 and the Southwest Quarter of the Northwest Quarter(SW'/.NW%) of Section 24, Township 8 South, Range 83 West of the Sixth Principal Meridian; Parcel 2 The Southeast Quarter of the Northwest Quarter(SEY,NW'/.), and the South Half of the Northeast Quarter(S'/:NE''A) of Section 22 and the Southwest Quarter of the Northwest Quarter(SW%NW%) of Section 23, all in Township 8 South, Range 83 West of the Sixth Principal Meridian: EXCEPTING THEREFROM the following described parcels: That parcel conveyed to Lynn A. Hancock and Judith Hancock by Deeds recorded November 1, 1966 by Warranty Deed in Book 223 at Page 505. That parcel conveyed to William Mason Linscott and Mary Elizabeth Linscott by Warranty Deed recorded June 20, 1966 in Book 221 at Page 120. That parcel conveyed to Nicholas G. Tsoulos and Ruth M. Tsoulos by Warranty Deed recorded March 30, 1970 in Book 247 at Page 658. That parcel conveyed to Robert M. Dickerson by Warranty Deed recorded April 11, 1969 in Book 240 at Page 345. That parcel conveyed to James M. Wagner and Jean T. Wagner by Warranty Deed recorded December 28, 1971 in Book 260 at Page 379 and Conveyed to James M. Wagner by Quit Claim Deed recorded May 17, 1973 in Book 275 at Page 857. That parcel conveyed to Smith-Perry Employee's Profit Sharing Trust by Warranty Deed recorded October 15, 1971 in Book 258 at Page 637 and rerecorded October 29, 1971 in Book 258 at Page 904. That parcel conveyed to Chester Dillon and Carolyn Y. Dillon by Warranty Deed recorded July 23, 1971 in Book 256 at Page 657. That parcel or parcels conveyed to James Owens by Warranty Deeds recorded May 5, 1969 in Book 240 at Page 913, recorded June 14, 1974 in Book 288 at Page 429, recorded November 22, 1976 in Book 320 at Page 117 and recorded in Book 322 at Page 356. That parcel conveyed to John J. Miller by Warranty Deed recorded August 8, 1972 in Book 265 at Page 698. That parcel conveyed to Dale Randall Watson and Martisha May Watson by Warranty Deed recorded June 20, 1966 in Book 221 at Page 116. That parcel conveyed to Clayton A. Casler by Warranty Deed recorded May 5, 1969 in Book 240 at Page 916. That parcel conveyed to Kathleen R. Green by Warranty Deed recorded November 8, 1976 in Book 319 at Page 268. • • UUUU16 1 BURNT MT O J BURNT MTN F •I pfD 2i13z31 0OWI0 NORTH FORK • _ ''O� FORK LOOP \ _._{-- vidi p�D z911321p-z°pO5I Rciont. �P z32000sl ���° Op P i D 2 g 1 X31 °D °Y D ��6 Zm Prom � i- 35toCD 'PLAI AQ RECEPTION#: 605395, 11/07l2013 at �F�v V�v � r c�ti-����:�;�,r� �2�0� l3 os:s,:a, PM, ORDINANCE = 1 oF s, R $0.00 Doc Code COVENANTS �/ Janice K. Vos Caudill, Pitkin County, CO � Q � ) � �!'� �j' � Q � � , ao �3 , VESTED PROPERTY RIGHTS AGREEMENT, CD-PUD PLAN DEVELOPMENT AGREEMENT, AND RESTRICTIVE COVENANTS FOR THE NICHOLS �� — FAMILY TRUST CONSERVATION DEVELOPMENT PUD . THIS VESTED PROPERTY RIGHTS AGREEMENT, CD-PUD PLAN DEVELOPMENT AGREEMENT, AND RESTRICTIVE COVENANTS FOR THE NICHOLS FAMILY TRUST CONSERVATION DEVELO ENT PUD ("Agreement"), is made and entered into to be effective as of the(� day of • .�-���e-✓ , 2013, by and between THE NICHOLS FAMILY TRUST, a trust formed unde the laws of Missouri, having its addresses at c/o UMB Bank, N.A., Attention: Clint Patterson, P.O. Box 419692, Kansas City, Missouri 64141-6692 ("Owner") and THE BOARD OF COUNTY COMMISSIONERS of Pitkin County; Colorado ("BOCC"), as the governing body of Pitkin County, Colorado ("County"). RECITALS A. Owner is the sole owner in fee simple of certain real property in Pitkin County, Colorado alone the North Fork of the Fryingpan River; comprised of approximately 31235 acres, more particularty described in the attached Exhibit A, incorporated herein by this � reference (the "Property"). B. The Property was zoned RS-35. Owner applied to the BOCC for approval of: rezoning of the Property to the Conservation Development PUD ("CD-PUD") zone district; a CD- PUD Plan for "Development Option 1 — Residential Development° to accommodate two (2) sin�le family residences (each of no more than 4,000 square feet of floor area), two (2) cazetaker dwelling units (each of no more than 1,000 square feet of floor area), and no more than 2,500 square feet for barns and accessory structures. In addition, the Applicant proposes to establish Activity Envelopes for development and to include an existing cabin and various adjacent collapsed structures; and seven (7) TDRs as provided in the CD-PUD zone district regulations. C. The BOCC found that it was appropriate to rezone the property to CD-PUD, puisuant to Ordinance No.(�rQ-2013 recorded /�1,�� ��S� �`� , 2013 in the Office of the Pitkin County Clerk and Recorder's as Recep ion No. �P�'Z�r � � ("Ordinance"). The BOCC further found that the Owner was eligible for seven (7) TDR certificates, pursuant to Sea 3-70-40(h)(5) of the Pitkin County Land Use Code. The BOCC then approved the Owner's CD-PUD Plan, Special Reviews, GMQS Exemptions and Activity Envelope Review, subject to the conditions set in Resolution No. U�i-2013 recorded /�-v��j pt SY� � 2013 in the Office of the Pitkin County Clerk and Recorder's as Re ec p niot No. Cn�"L (o I Z ("Resolution"). D. As part of such approval, the Resolution required Owner to record an Activity Envelope Plan to also serve as the CD-PUD Plan; a Conservation Easement; legal agreements regarding access to and recreational use of the Property between Owner and the neighbors whose properties abut the Property; various permanent covenants; and this Agreement - (collectively, the "Required Land Use Documents"). The Resolution also required that the Pitkin County Community Development Department issue seven (7) TDR certificates concurrent with recordation of the Required Land Use Documents. � E. The Pitkin County Attomey and Pitkin County Community Development Department approved an Activity Envelope Plan & CD-PUD Plan for the Property in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The Activity Envelope Plan & CD-PUD Plan (the "Plat Map") is recorded simultaneously herewith in the Office of the Pitkin County Clerk and Recorder's as Reception No. �0 5.3 9b to satisfy the requirements of Section 4 of the Resolution. F. The BOCC approved a Conservation Easement granted by the Owner to t e BO C and encumbering the Property, pursuant to Ordinance No.Oly -2013 recorded �r?> 2013 in the Office of the Pitkin County' Clerk and Recorder's as Reception No. �D.S3��� The Conservation Easement is recorded simultaneously herewith to satisfy the requirements of subparagraph A of Section 7 of the Resolution. G. Legal agreements re�arding access to and recreational use of the PropeRy between Owner and the neighbors whose properties abut the Property are recorded simultaneously herewith to satisfy the requirements of subparagraph A of Section 7 of the Resolution. H. The purpose of this Agreement is to satisfy recording of the remaining portion of the Required Land Use Documents; pursuant to subparagraphs B, C, and D of Section 7 of the Resolution. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual agreements herein contained, the recording of the Conservation Easement and Plat Map and the issuance of the seven (7) TDR certificates, the parties hereto stipulate and agree as follows: A. Vested Prooertv Rights Aoreement. Pursuant to the Resolution, the BOCC granted and hereby grants and confirms to the Owner vested property rights; which vested property rights shall run with the Property, for a period of twenty (20) years from the date of approval of the Resolution, that is until J u�,e l Z- , 2033, for and with respect to all of those development rights approved under the Ordinance and the Resolution, including the Plat Map, Conservation Easement, seven (7) TDR Certificates and this Agreement, all as the same may be amended or supplemented in writing from time to time. The Ordinance, the Resolution, the Plat Map, the Conservation Easement, and this Agreement, all as may be ame�ded or supplemented from time to time, between the parties, collectively granting and defining the final approvals for the Property ("Approvals") constitute an approved "site-specific development plan" pursuant to § 24- 2 68-101 , et seq. , C.R.S. (°the Vested Rights Statute"), and shall establish and extend vested property rights to develop the Property in the manner contemplated by the Approvals pursuant to the Vested Rights Statute until �)In h 2 (Z R�Z'-G>3 , (the "Vesting Period Expiration Date"). In light of all relevant circumstances, including but not limited to the size of the development, economic cycles, and market conditions and in light of the unique benefits granted to the community by the O�vner; the Property shall be vested against any chan�es in the Pitkin County Land Use Code which may be contrazy to or in conflict with those rights described in the Approvals thiough the Vesting Period Expiration Date. This Agreement shall be considered a "development agreement" as that term is used in §24-68-104, C.R.S. and shall include the right to develop and use the Property in the manner permitted under the Approvals. Except with respect to the application of ordinances or regulations of a general nature and applicability and with respect to reasons of public health, safety, and welfare, each as permitted under the Vested Rights Statute, §24-68-105 et seq., C.R.S., or as otherwise provided in the Vested Rights Statute, no zoning or land use action by Pitkin County or action pursuant to an initiated measure that would alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the development or use of the Property as permitted pursuant to the Approvals shall apply to or be effective against the Property or the development thereof until the Vesting Period Expiration Date. B. CD-PUD Development Plan. 1. CD-PUD Development Plan. Pursuant to the Ordinance, the Property was rezoned to the CD-PUD zone district. The Pitkin County Land Use Code provides two (2) options in the CD-PUD zone district for development; and the Property was approved for development "Development Option 1 — Residential Development." The Resolution, together with the Plat Map and this Agreement contain the restrictions, limitations; and parameters for the development of the Property and, collectively, constitute the approved. Cll-PUD Plan for the Property. 2. Covenant Specifvin¢ Primarv Purpose of Ownership & Use. The PropeRy is approved for all uses allowed in the CD-PUD, Option 1 zone district. All improvements and uses must be associated with residential use of the Property. Any activities occuning on the Property, or uses of the Property that would cause the Property to be classified as agricultural lands pursuant to Title 39, Colorado Revised Statutes, are prohibited. 3. Activitv Envelopes on Plat Map. The Plat Map depicts the activity envelopes for the Property. 4. GMQS Exemptions. The Approvals indude gro�vth management quota system exemptions for the following, all confined to the designated activity envelopes depicted on the Plat Map: two (2) single family residences (each of no more than 4,000 square feet � of floor area); two (2) caretaker dwelling units (each of no more than 1,000 square feet of floor area); and no more than 2,500 squaze feet for barns and accessory structures. ; �. Site Plan Review. Prior to submission of any building or other development permit applications, other than a driveway, Owner is required to submit for approval an application for Site Plan Review, pursuant to Sections 2-30-20 and 7-10-50 of the Pitkin County Land Use Code. C. No Subdivision Covenant The Owner hereby restricts the Property in perpetuity against any future division, subdivision (including de facto subdivision), partition of the Property into more than one parcel of land, whether by physical or legal process, or encumbering less than the entirety of the Property by deed of trust, and any attempt to do so may be set aside by a court of competent jurisdiction. At all times, the Property shall be owned and conveyed as a single parcel that shall be subject to the terms and conditions of this Agreement. Notwithstanding the foregoing, multiple parties may hold and own undivided interests in the Property as co-tenants or joint tenants. D. Miscellaneous. 1. Bindin� on Successors to Owner, Enforcement; Attomeys' Fees. This Agreement shall be a binding servitude, shall run with the land; and shall be binding upon Owner, its successots, transferees, and assigns, in petpetuity, unless terminated by the terms of this Agreement or by voluntary relinquishment by the County. It is explicitly agreed by the parties hereto that this Agreement shall be enforceable in the courts of the State of Colorado and that, in the event an action to enforce this 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 or parties the full cost of such action; including reasonable attorneys' fees and costs. The parties may enforce the terms of this Agreement through actions for damages or injunctive relief or both. 2. Exercise of RiQhts; and Ri�ht to Cure. Failure of either party to exercise any right or remedy granted under this Agreement shall not be a waiver of any breach of this Agreement or rights or remedies to enforce the Agreement; provided, however, after notice of a violation, if the County fails to enforce a provision of this Agreement for three (3) years, it waives its right to do so. In the event of any default under the provisions of this Agreement, [he non-defaulting party shall, prior to the esercise of any right or remedy, give the party alleged to be i� default written notice of such default together with the right for a period of sixty (60) days afrer receipt of such notice to cure said default. If a default is not cured within sixty (60) days, the non-defaulting party sball then and thereafrer be free to pursue any right or remedy allowed by this Agreement or otherwise by law. 3. Notices. Any notice allo�ved or required by this Agreement shall be given by certified mail, retum receipt requested, properly addressed and with postage fully prepaid, to the address of the County or the then-current Owner of the Property, as shown in the records of the Pitkin County Assessor' s Office at the time of the notice. All such notices shall be effective seven (7) days following the date the notice was deposited by certified 4 mail. 4. Severabilitv. Whenever possible, each provision of this 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 sha11 be ineffective to the extent of such invalidity or prohibition without invaliding the remaining provisions of such document. 5. Choice of Law. This Agreement and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. 6. 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. 7. Section Headings. Paragraph or section headings within this Agreement are inserted solely for convenience of reference, and are not intended to, and shall not govern, limi[, or aid in the construction of any terms or provisions contained herein. 8. Waiver. No claim of waiver, consent, or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement and except as specifically " provided herein. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 9. 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 shal] include the plural and vice versa. 10. Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be reasonably required to cany out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith. 11. Modifications. The parties to this Agreement agree that any modifications of this • Agreement shall be effective only when' made by writings signed by both parties and recorded with the Office of the Pitkin County Clerk & Recorder. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the day and year first written above. {Signatures follow on proceeding page} 5 OWNER THE NICHOLS FAMILY TRUST, a trust formed under the laws of Missouri By: 7� . `,�y N. Callison, Trustee By: r��-� �' ��s � Kenneth I. Fligg, Jr., Trustee STATE OF`2L,ss°u.r,' ) i ) ss. COLTNTY OF L/ewI s�r—) The foregoing instrument was acknowledged before me this �!�n day of�.c�Vt°'w'Qrf" 2013, by Kay N. Callison as trustee of the Nichols Family Trust; a trust formed under the laws of Missouri, as Owner. `,��YP�B, �pyc,�M.lweeoY �Vitness my hand and official seal. ,o••"' �.G�;_ My Commissian Eapires (SEAL) ?=;N�iPAY`.«_ dune�a,20ta ;�'�..SEAL.��, Clay County �����, �:����� . .9jTi'R�M�'`�`_',�� Cammi:van91P4�B14� Notary Public My Commission Expires: � —/ �/��o�y STATEOF f��s5o�, ' ) ) ss. COUNTY OF �a��,., ) The foregoing instrument was acknowledged before me this y�"� day of�-t� 2013, by Kenneth I. Fligg, Jr. as trustee of the Nichols Family Trust, a trust formed under the laws of Missouri� as Owner. YP�" JOYCEh1.iYJEEDY ��PP...�9';, ;=o.�' G�,; MyCommission�pires Witness my hand and official seal. (SEAL� _ �NOTARY'•.,c dune14,2014 � ,�'�, SFAL.:j; Glzy County / � �--- .9�OFI�\�� 6smmi.sien91045ot /�vl � � � rotazy Public My Commission Expires: � — /�/— �vi�-/ 6 COUNTY BOARD OF COUNTY COMMISSIONERS, PITHIN COUNTY, as the governing body of Pitkin County, Colorado By: — ��' .UJ v George Newma 4, Chair �J � STATE OF COLORADO ) ) ss COUNTY OFPITKIN ) nGcFo,w6e r The foregoing instrument was acknowledged before me this (��day of-�°-�� 2013, by George Newman as Chair of the Board of County Commissioners, Pitkin County, as the governing body of Pitkin County, Colorado. Witness my hand and official seal. My commission expires: G�% ��' � ���= �E> < : , G�` � i�'�� .. ;� . �;.:.., .. : ,,;;'9 C`�N Ty�,; Notary Pu lic ,;Yy �:.'�✓� �.� : � : �- 0 6�66�y_�y r , . �1 �] ' .: .. � �/ § "C �� r ��, O� C .:;-... /� � � ='^ O � ;�a�'A , 7 n�p� 2�%73z'>z �vo3 > � � 2`i`���3� oo ayo ��� �vf�(��=1� EXHIBIT A The Southeast Quarter of the Northwest QuaRer, the South Half of the Northeast Quarter, and the Southwest Quarter of the Northwest Quarter of Section 23;Township 8, Range 83 West of the Sixth Principal Meridian; the Southwest Quarter of the Northwest QuaRer of Section 24, Township 8, Range 83 West of the Sixth Principal Meridian; and the Southeast Quarter of the Northwest Quarter and the South Half of the Northeast Quarter of Section 22, Township 8, Ranae 83 West of the Sixth Principal Meridian; all in the County of Pitkin, State of Colorado, but EXCEPTING THERE FROM the followin� described parcels: • That parcel or parcels conveyed to Lynn A. and Judith Hancock by Deeds recorded in Book 203 at Page 26 and Book 223 at Pa�e 444 of the Deed records of Pitkin Cowity, Colorado; � That parcel or parcels conveyed to Williain Mason Linscott and Mary Elizabeth Linscott by Deeds recorded in Book 22l at page 1 I6 and Book 221 at Page I20 of the Deed records of Pitkin County, Colorado; • Tfiat parcel or parcels conveyed to Nicholas Q Tsoulos and Ru(h M. Tsoulos by Deed recorded in Book 247 at Page 658 of the Deed records of Pitkin County, Colorado; • That parcel or parcels conveyed to Robert M. Dickerson by Deed recorded in Book 240 at Page 345 of the Deed records of Pitkin County; Colorado; • That parcel or parcels conveyed to James M. and Jean T. Wagner by Deeds recorded in Book 260 at Page 379 and in Book 275 at Page 8�7 of the Deed records of Pitkin County, Colorado; • That parcel or parcels conveyed to Smith-Perry Employees Profit Sharine Trust by Deeds recoded in Book 259 aT Paae 63 and Book 259 at Page 637 of the Deed records of Pitkin County, Colorado; • That parcel or parcels conveyed to Chester and Carolyn Y. Dillon by Deeds recoded in Book 256 at Page 657 and Book 258 at Page 905 of the Deed records of Pitkin County, Colorado; • Those strips of land conveyed to Pitkin County by Deeds recorded in Book 254 at Page 269 and Book 262 at Page 916 of the Deed records of Pitkin County; Colorado; • That parcel or parcels conveyed to James Owens by Deeds recorded in Book 240 at Page 913, Book 288 at Page 429, Book 305 at Page 772, Boot 320 at Page 117, and Book 322 af Page 3�6 of the Deed records of Pitkin County, Colorado; • That parcel of parcels conveyed to John L. Miller by Deed recorded in Book 265 at Page 698 of the Deed records of Pitkin County, Colorado; • That parcel or parcels conveyed to Dale Randall Watson and Mathisha May Watson by Deed recorded in Book 221 at Page 116 of the Deed records of Pitkin County, Colorado; • That parcel or parcels conveyed to Clayton A. Casler by Deed recorded in Book 240 at Page 916 of the Deed records of Pitkin County, Colorado; Also known as Parcel#247323200039, containing 13.870 acres more or less, and Parcel #247323100040, containing 298.480 acres more or less, according to the records of the Pitkin County Assessor. 8 .