HomeMy WebLinkAboutbocc.con.255.2013 Janice RECEPTION#:KT
Caudil 604735l, Pitkin, 10/16/2013 at County
qq 11:28:40 AM,
CONTRACT# 1 OF 4, R $26.00 Doc Code COVENANTS
, CO
RESTRICTIVE COVENANT
PROHIBITING COMMERCIAL AGRICULTURAL USES
This Restrictive Covenant Prohibiting Commercial Agricultural Uses (this "Covenant') is
made as of October 9, 2013 by Aspen Sunrise LLC, a Colorado limited liability company (the
"Owner"), for the benefit of the Board of County Commissioners of Pitkin County, Colorado
(the "BOCC").
Recitals
A. The Owner holds title to a parcel of land located in the Owl Creek Valley
consisting of approximately 35 acres and more fully described in Exhibit A attached hereto,
having Pitkin County Assessor Parcel No. 2735-054-02-001 (Aspen Sunrise LLC).
B. The Owner has received certain land use and development approvals for the
Property from Pitkin County as memorialized in Resolution No. 058-2013 of the BOCC.
C. As a part of its consideration of the request for development approval, the BOCC
determined that the valuation of the Property and the improvements planned for the Property will
be significantly higher relative to the value of any agricultural products produced and That it is
unlikely that the Owner will generate enough revenue from commercial agricultural activities to
sustain a viable agricultural operation. Therefore, the development approval changes the primary
and fundamental use of the land from being primarily agricultural. As a condition of
development approval, the BOCC is requiring the Owner to record a covenant prohibiting
commercial agricultural activity.
NOW, THEREFORE, the Owner declares and acknowledges that the following terms,
covenants and conditions shall apply to the Property and shall be deemed to run with the land
and be a burden and a benefit to the Owner and its successors and assigns and any person owning
or acquiring interest in the Property and the improvements thereon, their grantees, successors,
heirs, executors, administrators, devisees, or assigns:
1. The Owner hereby places a perpetual covenant on the Property prohibiting
commercial agricultural activities, meaning any activities occurring on the Property or the use of
the Property, including farming or ranching conducted for profit, which would cause the
Property to be classified as "agricultural land" as defined pursuant to Title 39, Colorado Revised
Statutes (the "Property Tax Statute"). The foregoing covenant shall not preclude or prevent any
agricultural activities from being conducted on the Property so long as: (a) the Owner does not
apply to have the Property classified as "agricultural land" under the Property Tax Statute; and
(b) the Property is not classified as "agricultural land" under the Property Tax Statute as a result
of such activities, even if the Owner does not apply for such classification.
1A0020473/4
2. At the request of the Owner, this Covenant may be released by the BOCC if the
circumstances which originally caused this Covenant to be required were to change. These
circumstances are described in Recital B above and the factors used to determine said
circumstances are defined in Section 2-20-10(e) of the Pitkin County Land Use Code.
3. The provisions of this Covenant shall constitute covenants that run with the title
to the Property for the benefit of the BOCC. Each and every conveyance of the Property shall be
deemed to include and incorporate by this reference the covenants herein contained, even
without reference therein to this Covenant.
4. This Covenant shall be enforceable by the BOCC by any appropriate action, legal
or equitable, including but not limited to judicial relief in the form of an injunction.
5. In the event that the parties resort to litigation with respect to any or all of the
provisions of this Covenant, the prevailing party in such litigation shall be entitled to receive, in
addition to any other appropriate remedies, an award in the amount of its reasonable attorneys'
fees and legal expenses incurred in such action.
IN WITNESS, WHEREOF, the Owner of the Property has executed this Covenant as of the date
set forth below.
OWNER:
Aspen Sunrise, LLC a Colorado limited liability company
IC ��
Richard • . Knezevich, Manager
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 9th day of October, 2013, by
Richard A. Knezevich as manager of Aspen Sunrise. LLC, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires: 5 17•
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1A0020473/4 ) 2
Accepted by the Board of County Commissioners:
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLOF�ADO
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By: � t if-C/\
Title: A r a i /5 2 &1 3
,Atte• :
Cl:k to the Ioard �
APPROVED AS TO FORM: CC
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CommGnity Development Director
John M. E , sq.
Pitki 'ount • orney
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A0020473/4 ; 3
EXHIBIT A
Legal Description
Lot 1, Mandalay North Subdivision, according to the plat thereof recorded January 7, 1994 in
Plat Book 33, at Page 57.
A0020473/4 A-1