HomeMy WebLinkAboutbocc.con.159.2014 RECEPTION#: 609726, 04/24/2014 at
CONTRACT ' 01:24:56 PM,
1 OF 7, R $41.00 Doc Code COVENANTS
Janice K. Vos Caudill, Pitkin County, CO
RESTRICTIVE COVENANT
FOR THE USE OF AND AGREEMENT FOR
AGRICULTURAL BUILDINGS
.I/ THIS RESTRICTIVE COVENANT ("Restrictive Covenant") is made and entered this
, 3 rday oflipitt 2014, by High Valley Farms, LLC ("Grantor" or "Owner"), concerning the
property located at/24480 Highway 82, Basalt, Parcel ID# 2467-174-00-028, 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 agricultural buildings (green houses and ancillary agricultural
buildings) as allowed pursuant to Sec. 5-20-70(j)(5)(b) 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 no more than 25,000 square feet of exempt floor area as approved in BOCC
Resolution No. 067-2013. No additional floor area shall be attainable on the Property without
future approval by Pitkin County, by way of application through the Pitkin County Land Use
Code. 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 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 new A ngyltural /
Buildings shall henceforth be limited to 25,000 square feet of greenhouses andancillary c.'
agricultural buildings, until which time a subsequent Land Use application is made and approved
by Pitkin County. The use of these new buildings shall be limited to only agricultural uses, and
any ancillary use(s) that directly supports the primary use and is/are permitted under the Land
Use Code.
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. Methodology for guarantee of maintenance and upkeep of the site and
structures. Grantor shall provide financial security to insure the maintenance and upkeep of the
site and structures should they become abandoned or otherwise in a state of disrepair. The form
and amount of financial security shall be approved by the County Attorney and in place prior to
the issuance of any certificate of occupancy for any new structures on the property.
6. 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 and all agricultural buildings, 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13.. 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.
14. 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:
High Valley Farms, LLC
PO Box 4310
Aspen, CO 81612
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:
State o� olorado )
) ss.
County of Pitkin )
ptiastThe foregoing Restrictive Covenant was acknowledged before me this CI day of
2014 by 5pydaitn ISO l S .
Witness my hand and official seal SARA STILES
NOTARY PUBLIC
^,pL I 3 2 5 tO
STATE COLORADO
My commission expires on: ~LJ (1~j , (//V")� •MY COMMISSION EXPIRES SEPTEMBER 13,2017
P
• .
ATTEST ACCEPTED BY
Pitkin County Board of County Commissioners
I
S4,14;f' lti 1264
Jeanette Jones (I By: Rob !liner,
Date
Deputy Clerk f BOCC, Chair
V
APPROVED AS TO FORM
` ` Cki Ic}k 4 let(NI
John Mr-El Cindy Houben, Date
'i o y Attorney Community Development Director
04
Exhibit A
(Legal Description)
Section: 17 Township: 8 Range: 86 PARCEL OF LAND BEING A PART OF TR 55 IN SEC
17-8-86 BK 269 PG 751 CONT 30,339 SQ FT BK 273 PG 370 PARCEL OF LAND IN
TRACTS 55 & 57 OF SEC 17-8-86 DESC BY M/B BK 342 PG 218 ALL FOREGOING DESC
IN DEED FROM BETTY L BAILOR BK 466 PGS 329 & 340
Exhibit B
(Site Plan)
pees P1
CAPARRELLA ,
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�, SECTION 17 TOWNSHIP 8 SOUTH,RANGE 86 WEST OF THE 6TH P.M.
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