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Home My WebLink Aboutbocc.con.075.2015CONTRACT #��5 RESTRICTIVE COVENANT FOR THE USE OF AND AGREEMENT FOR AN AGRICULTURAL BUILDING THIS RESTRICTIVE COVENANT ("Restrictive Covenant") is made and entered this 31st day of December 2014, by Deadwood Ranch I, LLC ("Grantor' or "Owner'), concerning the property known as 325 Swearingen Way, Basalt, CO 81621, State Parcel ID 4246527402007, 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 also known as Parcel 1, Deadwood Ranch ("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 Site Plan recorded at Book 107 Page 69 in the Pitkin County Clerk and Recorder's Office, and shall contain approximately 2,997 square feet of exempt floor area as approved in Building Permit No. 0065.2014.prbk. For the purposes of this Restrictive Covenant, the approved agricultural building and all appurtenances and fixtures associated therewith shall hereinafter be referred to as the "Agricultural Building'; 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 use of the Agricultural Building shall henceforth be limited to shelter or to enclose livestock, horses, poultry, feed, or field equipment, or otherwise used for 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 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 RECEPTION#: 617697, 02/27/2015 at 03:22:34 PM, 1 OF 5, R $31.00 Doc Code DEED RESTRICT Janice K. Vos Caudill, Pitkin County, CO 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. 1 1. 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: Deadwood Ranch I, LLC c/o Jerrold Parker 26451 Rookery Lake Drive Bonita Springs, FL 34134 To County: Board of County Commissioners of Pitkin County 530 E. Main Street, 3`a 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 Berrold Parker, D dwood Ranch I, LLC The foregoing Restrictive Covenant was acknowledged before me this '3 11 day of December 2014 by Jeanetta Whelan Witness my hand and official seal My commission expires on: Au> ust 14, 2016 State of Florida ) ) ss. County of Lee ) ATTEST e. cP ai tary Public JEANEITA WHEIAN �ICAAAA''� MY COMMISSION a EE 224747 y�.. g'.` EXPIRES: August 14, 2016 ;P;;^..• 6aMe0 Thu Nolary Public undw ra s ACCEPTED BY Pitkin County Board of County Commissioners t e ette Jones By: Robert A. Inner, Jr. Da luty Clerk BOCC, Chair i APPROVED AS TO FORM John y unt omey �� CLA- l i 1.5 - Cindy ouben, Date Community Development Director EXHIBIT "A" LEGAL DESCRIPTION PARCEL A LTG Policy No. LTFI62004046 Our Order No. Q6Z004046 THE EAST 1/2 NORTHWEST 1/4 AND THE WEST 1/2 NORTHEAST 1/4 OF SECTION 27, NOW KNOWN AS TRACT 74, SECTION 27; ALSO ALL OF LOT 6, SECTION 27, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EXCEPT 5.4 ACRES, MORE OR LESS, AS DESCRIBED IN THE WARRANTY DEED RECORDED AS DOCUMENT NO. 90028 IN BOOK 166 AT PAGE 88 IN THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. PARCEL 2: LOTS 3, 4, 5 AND 7, SECTION 27, AND LOT 1, SECTION 34, TOWNSHIP 8 SOUTH; RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF PITKIN, STATE OF COLORADO. PARCEL B: PARCEL 1 A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF SECTION 34, TOWNSHIP 8 SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERLDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 34 BEARS NORTH 50 DEGREES 35' 21" EAST 2075.93 FEET; THENCE SOUTH 26 DEGREES 30'58" WEST 64.46 FEET TOA POINT ON A FENCE LINE; THENCE SOUTH 88 DEGREES 33'42" WEST 546.22 FEET ALONG SAID FENCE LINE DEPARTING SAID FENCE LINE THENCE NORTH 53 DEGREES 05'33" EAST 119.28 FEET; THENCE SOUTH 89 DEGREES 58'18" EAST 479.45 FEET TO THE POINT OF BEGINNING. ALL BEARINGS ARE RELATIVE TO FOUND G.L.O. BRASS CAPS AT THE NORTHEAST CORNER OF SECTION 34, TOWNSHIP 8 SOUTH, RANGE 97 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND THE NORTH ONE-QUARTER CORNER OF SAID SECTION 34, SAID BEARING IS NORTH 89 DEGREES 59'32" WEST. PARCEL 2 A PARCEL OF LAND SITUATED IN THE NORTH 1/2 OF SECTION 34, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 34 BEARS SOUTH 89 DEGREES 59'32" EAST 961.78 FEET; THENCE SOUTH 5 DEGREES 52'00" EAST 111.58 FEET TO A POINT ON A FENCE LINE; THENCE SOUTH 57 DEGREES 17'42" WEST 267.60 FEET ALONG SAID FENCE LINE; 5