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Home My WebLink Aboutbocc.con.323.2013 F� RECEPTION#: 607211, 01/09/2014 at PAC I q #.G2 �j_2O13 11:07:59 AM, �a 1 OF 6, R $36.00 Doc Code COVENANTS Janice K. Vos Caudill, Pitkin County, CO RESTRICTIVE COVENANT FOR THE USE OF AND AGREEMENT FOR AN AGRICULTURAL BUILDING THIS RESTRICTIVE COVENANT ("Restrictive Covenant") is made and entered into this 18th day of November 2013, by Snowmass Acres LLC ("Grantor" or "Owner"), concerning the property known as 5809 East Sopris Creek Road, Snowmass, CO (State Parcel ID#264504200003), more specifically described in Exhibit "A" attached hereto, located in Pitkin County, for the benefit of the Pitkin County Board of County Commissioners ("County"). - • WITNESSETH WHEREAS, Grantor owns the real property described in Exhibit "A" ("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 `B") and shall contain a 155 sq ft root cellar(Building Permit #0154.2013.prgr) and the conversion of 264 sq ft of the already approved 988 sq ft Agricultural Equipment Storage shed into a greenhouse (Building Permit #0166.2013.prgr and Administrative Decision 85-2013). All of this floor area shall be exempt from Floor Area and Growth Management calculations as allowed pursuant to Ordinance 11-2011. For the purposes of this Restrictive Covenant, the approved agricultural buildings and all appurtenances and fixtures associated therewith shall hereinafter be referred to as the"Agricultural Buildings"; and WHEREAS, this Restrictive Covenant imposes certain covenants upon the Property, which restrict the use of the Agricultural Buildings, 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 Buildings shall henceforth be limited to a root cellar and greenhouse 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 forthe 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: Glenn and Jennifer Russell 8216 South 69th East Avenue Tulsa, OK 74133 To County: Board of County Commissioners of Pitkin County 530 E. Main Street, 3rd 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: Glenn Russell, Manager Snowmass Acres LLC State of Colorado ) ) ss. County of Pitkin ) h The foregoing Restrictive Covenant was acknowledged before me this IS day of November 2013 by co t-ctit-, Vi4ss Ct.,— Witness my hand and official seal My commission expires on: (o/a ) ■S KATHLEEN POLLARD Notary Public,State Commission ste of Oklahoma ma 1/i _ ,e _ 15 My Commission Expires June 09.20 Notary Public . ATTEST ACCEPTED BY Pitkin County Board of County Commissioners QI , J i v 10 " A 1 Jeanette Jones fI By: Georg ' New an, Dat i Deputy Clerk % BOCC, Chair APPROVED AS TO FORM Johr ' y--------- Cindy Houben, Date jig s. ty Attorney Community Development Director if • • • • EXIIMIT A A TRACT OF LAND LOCATED IN SECTIONS 4 AND 5,TOWNSHTP 9 SOUTH,RANGE 136 WEST OF THE 6TH PM,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIhNLNG AT A POINT WHENCE THE NORTHWEST CORNER OF SAID SECTION 4 BEARS N 18 DEGREES 2702"W 674.63 FEET; THENCE S 73 DEGREES 1124"E 135_05 FEET; THENCE S 99 DEGREES 3227"E 712.32 FEET; THENCE S DO DEGREES 3S'42"W 131432 FEET; THENCE N 87 DEGREES 43'38"W 1354.13 FEET; THENCE 18 DEGREES 51'35"E 16.14 FEET; THENCE N 22 DEGREES 00'33"E 107102 FEET; THENCE N 44 DEGREES 2515'W 494.60 FEET; THENCE N 4B DEGREES 321.3"E 28.54 FEET; THENCE S 78 DEGREES 3412"E 448.55 FEET TO THE POINT OF BEGINNING. ' TCGETHE2 WITH THAT PROPERTY DESCRIBED IN BOOK 511 AT PAGE 654 AND RE-RECORDED N BOOK 513 AT PAGE KB AND EXCEPT THAT PORTION DESCRIBED IN BOOK 511 AT PAGE 682 NOW KNOWN AND DESCRIBED AS FOLLOWS: A TRACT OF LAND LOCATED IN SECTIONS 4 AND S,IDWNHIP 9 SOUTH,RANGE 86 WEST OF THE 6TH PM,BEING MORE FULLY DESCRIBED AS FOLLOWS: • BEGINNING AT A POINT WHENCE THE NORTHW ESF CORNER OF SECTION 4 BEARS N 58 DEGREES 4452"W 1236 85 FEET; THENCE S 00 DEGREES 3629"W 3L63 FEET; THENCE S DO DEGREES 35142"W 1314.32 FEET; THENCE N 87 DEGREES 4138"W 135413 FEET; THENCE N 18 DEGREES 51'35"E 16.14 FEET; THENCE N 22 DEGREES 0033"E 1073.02 1-LET; THENCE N 44 DEGREES 2615"W 494.60 Fttl; THENCE N 54 DEGREES 4016"W 38.87 FEET; THENCE N 68 DEGREES 3758"E 2833 FEET; THENCE N 48 DEGREES 32'13"E 11.031ttT; THENCE 5 78 DECREES 3112"E 134.73 FEET; . • THENCE N 56 DEGREES OB'47E 9L75 FEET; THENCE N 75 DEGREES 0859"W 34 44 FEET; THENCE ALONG A CURVE TO THE RIGHT LAVING A RADIUS OF 53055 FEET,A CENTRAL.ANGLE OF 4 DEGREES 2028"AND A • CHORD BEARING N 72 DEGREES 5747"W 43.9B FEET; THENCE 5 56 DEGREES 0814TW 1630 FEET;THENCE N 78 DEGREES 3112'W 64.23 FEET;THENCE N 48 DEGREES 3629"E 49.37 FEET,TTWNCE 5 73 DEGREES IB'39"E 143.29 FEET;THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 723.42 FEET,A CENTRAL ANGLE DF 08 DEGREES 1720"AND A CHORD BEARING OF S 69 DEGREES 10'O1"E 10436 FEET;THEINCE S 65 DEGREES 0121"6 107.09 FEET;THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 630.72 FEET,A CENTRAL AI. --LE OF 30 DEGREES 3739"AND A CHORD BEARING OF 5 BO DEGREES 18104"E 332.26 FEET;THENCE N 84 DEGREES 251.5"E 71 4 FEET;THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 106324 FEET, A CENTRAL ANGLE OF 1I DEGREES 473 I"AND A CHORD BEARING OF 5 B9 DEGREES 43'32-E 216.94 FEET;THENCE S 83 DEGREES 52142"E 95.06 FEET;THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 545.99 FEET,A CENTRAL ANGLE BEARING 17 DEGREES 2323"AND A CHORD BEARING OF N B7 DEGREES 25'33E 165.07 FEET TO THE POINT OF BEGINNING. 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