HomeMy WebLinkAboutbocc.con.308.2013 RECEPTION#: 605853, 11/27/2013 at
tONTRACT#1a22 3 I OF 6, $0
1 OF 6, R $0.00 Doc Code COVENANTS
Janice K. Vos Caudill, Pitkin County, CO
RESTRICTIVE COVENANT
THIS RESTRICTIVE COVENANT ("Covenant') is made and entered this 2- day
of fJRJt 4-kg 203 by G.0 1�. . Cr • ("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 15 irrevocable TDR certificate(s) bearing
Certificate No(s). IR-05-13-SW; IR-06-13-SW; IR-07-13-SW; IR-08-13-SW; IR-09-13-SW; IR-
10-13-SW; IR-1 I-13-SW; IR-12-13-SW; IR-13-13-SW; IR-14-13-SW; IR-15-13-SW; IR-16-13-
SW; IR-17-13-SW; IR-18-13-SW; and 1R-19-13-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(s). IR-05-13-SW; IR-06-13-SW; IR-07-13-SW; IR-08-13-SW; IR-09-13-SW; IR-10-13-SW;
1R-1 I-13-SW; IR-12-13-SW; IR-13-13-SW; IR-14-13-SW; IR-15-13-SW; IR-16-13-SW; IR-17-
13-SW; IR-18-I3-SW; and 1R-19-13-SW, 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:
I. 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
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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.
I I. 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
�j 2 @W
B 1 5%r6avtl YpeaSsufeC
1 er-T {a I t keR Rahe(� Co.
State of Colorado
) ss.
County of Pitkin )
The foregoing Restrictive Covenant was acknowledged before me thisVdnd day of
�IWC�Ntkk.RX' 2013 by 3ec1rt L ChM
Witness my hand and official seal
My commission expires on: 10114 a015
LORI MOSCHET (tad'Ok9- i"
NOTARY PUBLIC Notary Public
STATE OF COLORADO
My Expires 10129/2015
ACCEPTED BY
Pitkin County Board of County Commissioners
' < O
By:
State of Colorado )
) ss.
County of Pitkin ) -{�yJ
The foregoing Re Covenant was acknowledged before me this day of
2013 by Restricti �Wal f' '
• Witness my hand and official seal
My commission expires on: (k's 1% 1611A
_ tN
LISA MACDONALD
NOTARY PUBLIC ,.;. ii Ai
STATE OF COLORADO
NOTARY ID# 19924015259 No ar iu•I
MY COMMISSION EXPIRES NOVEMBER 18.2018 •
EXHIBIT A- - , -
NOTE: THIS TOR CERTIFICATE WAS ISSUED FOR AN UN-DESCRIBED 1 /15TH (OR
35 ACRES) OF THE 525:A CRE'PARCEL DESCRIBED BELOW.
525 ACRE PARCEL DESCRIPTION •
' • r; •
(THIS.DESCRIP.TION-IS BASED ON.DOCUMENTS OF RECORD AND SOME FIELD , i..
LOCATIONS,BUT DOES NOT CONSTITUTE,A FULL BOUNDARY.SURVEY,BY HIGH
COUNTRY ENGINEERING, INC.)
A PARCEL OF LAND SITUATED IN SECTION THE WV2WV2 SECTION 20 AND
SECTION 30, TO_ N
WSHIP'9 H
�SOUT , RANGE 86 WEST OF'THE SIXTH PRINCIPAL ' •
MERIdI ,-ANDTHE SECTION 25"AND THE N4'4 SECTION'
36, COUNTY OF PITKIN, STATE OF COLORADO,'SAID'PARCEL BEING MORE '
PARTICULA_RL_Y DESCRIBED AS FOLLOWS: ' "
BEGINNING'AT THE'NORTHEAST.CORNER;OF.SAID'SECTION 30 THE,POINT;OFh A
BEGINNING: THENCE S 00°34'47" E ALONG THE EASTERLY_BOUNDARYIOF SAID..:
SECTION 30 A DISTANCE OF 1 ,3 1 8!1,1 FEET.TO THE SOUTHEAST CORNER'OFTHE
NE!/ONE1/4rOF SAID SECTION 30;•THENCE•LEAVING SAID.EASTERL-"YA.BOUNDARY N ,
89°59'09'•'-WrALONG THESOUTHERLY BOUNDARY•OF.SAID-:NE'/4N614 A. .
DISTANCE OF 6,579.62 FEET TO A POINT ON THE WESTERL`Y.BOUNDARY OETHE :
E'hNE'/4 OF SAID SECTION 25; THENCE N`O0°08'02U W ALONG SAID WESTERLY,
BOUNDARYA*DISTANCE'OF 1-,594: 14 FEET.TO THE NORTHWEST`,CORNER OF SAID '
E1/2NE1/4;`THENCELEAVING SAID WESTERLY BOUNDARY.S 89°42j0 'E ALONG_. '
THE NORTHERLY BOUNDARY OF SAID E.'/2NEV4:KDISTANCE-OF1 31 6:85.FEET ••; •
TO THE NORTHEAST CORNER OF,SAID:SECTION 25;THENCE.LEAVING SAID/Y.)
NORTHERLY BOUNDARY N 00°011'002 W:•ALONG THE EASTERLY BOUNDARY_OE_`
SAID SECTION 24 A DISTANCE OF 1,c1 46,82cEEET;THENCE N•00°03;1.2:"6:. .- •
ALONG THE EASTERLY BOUNDARY OFSAIDSECTION 24'A DISTANCE 0E1 , 102.71
FEET TO-A.POINT ON AN EXISTING FENCE;(THENCELEAVINGSAID EASTERLY'.:" '.P
BOUNDARY GENERALLY FOLLOWING SAID EXISTING FENCET:HEFOLLOWING SEVEN
(5) COURSES: '. :. . , : _
1) N 62°35'40" W A DISTANCE OF 334.03•FEET
2) N 18°38'061.5W A DISTANCE OF-216.47 EEET.. .•
3) N 56°58'02'Y.W A DISTANCE OF
4) N 89°02'49" WADISTANCE OF 274.25 FEET - . •.
5) N 02°4420" W DIST'ANCE:OF 431%:56'FEETTOAPPOINT IN THE-CENTERLINE
OF CAPITOUCREEK ROAD AS CONSTRUCTED IN PLACE THENCE ALONG SAID;
CENTERLINE THE FOLLOWING FORTY-FIVE(45) COURSES: • I. ;•',•'
1 ) N 35°59'23" E A DISTANCE OF 1 51 .37 FEET;
2) ALONG THE ARC.OF A CURVE TO THE LEFT HAVING A RADIUS OF 765.49 FEET
AND A CENTRAL ANGLE OF 07°29'21 " A DISTANCE OF 100.06 FEET (CHORD
BEARS N 32° 1 4'43" E 99.99 FEET)
3) N 28.?soic27 E A DISTANCE.OF 200 49,FEET
4) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING,A RADIUS OF 744 03 FEET
AND A CENTRAL ANGLE OF 22°08' 17" A DISTANCE OF 287.48 FEET (CHORD
BEARS N 39°34' 1 1 " E 285.70 FEET)
5) N 50°38' 1 9" E A DISTANCE OF 58.04 FEET
6) ALONG THEARC'OF A CURVE TO THE LEFT HAVING A RADIUS OF 1 ,'1 90.86'FEET'
AND A CENTRAL ANGLE OFc0601.O''49"'4 DISTANCE OF1 28:45 FEET (CHORD' -
BEARS N 47°32'55" E 1 28.39 FEET)
7) N 44 37331." E,A DISTANCE OF;96.3.1 FEET
8) ALONG.THE ARC,OF A CURVE TOTHE.RIGHT HAVING,A.RADIUS,OF 872 68
AND A CENTRAL•ANGLE OF23°1 652" A DISTANCE OF 354.60 FEET (CHORD•
BEARS N 56°05'56 E 352. 1 6i-EET)
9) N 67°44'22" E A DISTANCE OF 34.-28 FEET,
10) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF a68.70-FEET
AND A CENTRALIANGLEkoF•.1 5°25'20".A'DISTANCE'OF..98.44:FEET (CHORD .
BEARS'N 60°:0.1 ;42.".7E98 1:4 FEET)rr: - ' I " r. .. c7
1 1') N 52 9'1+9:02:% EA\DISTANCEOF(42--83 FEETS I: i - ,. . Z.:CI • . . • > ,-
1 2);ALONG'THE1ARC-ORA CURVE`TO:THERIGHT'HAVING 'A RADIUS OF;324'74,FEET 1
AND A CENTRAL ANGLE'OFt13°08'35"A.DISTANCE OF 74.49 FEET:(CHORD
BEARS N•58 953'+1 9.. +E\74:33'FEET) ' --
13).N 65 927 37:"•E'A.DISTANCE'OF.62.82 FEET. ' • ' : . -
1 4)•ALONGTHEARC OF.A CURVE TO THE LEFT HAVING A RADIUS OF.2,477:6 1 ;•••
FEEV AND'A"CENTRAL'ANGLE OF"05•-1`4'21." A DISTANCE:OF, .226.54 FEET. • t• ' \ .,
(CHORD'BEARS N 62°50'26".E 226:46 FEET) r-(•'L
1 5) S 00526' 19',!•E•A DISTANCE OF 231 0.38 FEET ' > ;: r .'•` ;
1 6) S 89°55'25" EA DISTANCE•:oF.4;.1 58:72
17) S 09°.1952H W.A DISTANCE OF:51 :69:FEET • • ; . '< •
18) 532°02''21=;' EA DISTANCEOF 7322 FEET .' . .. _ . .
19) S 32928'46".EEA:DISTANCE OF.56t95 FEET' ' _ . '
20):5:33°.1 4157"•E AdDISTANCE OF'1 15.06 FEET •+
21) S 32°28'23" E A DISTANCE OF 1 30.24 FEET
22) S 33°48'03" E A DISTANCE OF{1 18.09•FEET > . . . •
23) S 33°03' 14" E A DISTANCE OF X227.37:FEET; THENCE LEAVING SAID ■ ;
EXISTING FENCE S 33°03' 1 4" E A DISTANCE-OF 21 7.29.FEET;.THENCE S'
00°06'25" E A DISTANCE OF 1 ,287.84 FEET TO A.POINT ON THE SOUTHERLY
BOUNDARY OF'SAID SECTION 20; THENCEN'89° 1 4' 1.5"'W•ALONG'SAID • ;,^
SOUTHERLY LINE A•DISTANCE'OF_1'-1 8: 1.9 FEET TO THE POINT.OF BEGINNING;4SAID•'.
PARCEL CONTAINING 526 ACRES OF•LAND;AMORE OR LESS. ,
. , -
•