HomeMy WebLinkAboutbocc.con.213.2015 CONTRACT#111-116
OCCUPANCY COVENANT AND AGREEMENT
FOR A GREENHOUSE
APPROVED PURSUANT TO SECTION 5-20-706(5)
// OF THE PITKIN COUNTY LAND USE CODE
l'r'< e0V-t 6
,s-`' - THIS AGREEMENT is made and entered into this / day of Ju015,by
_„,� hereinafter referred to as "Owner"), concerning the 3 5 acre parce known as
Lot 2, D.uglas R. Casey Shield-O-Meadows Lot Split , (State Parcel Identification
Number 264522102002) located in the County of Pitkin, and the BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO (hereinafter referred to as the
"County").
WITNESSETH
WHEREAS, Owner owns the real property described as Lot 2, Douglas R. Casey
Shield-O-Meadows Lot Split, (hereinafter referred to as "Property"), which Property will
contain a Greenhouse as allowed pursuant to Sec. 5-20-70(j)(5) of the Pitkin County
Land Use Code. Said Greenhouse contains approximately 550 square feet where 1,600
square feet is allowed, and is permitted by Building Permit 0084.2015.prgr. For the
purposes of this Agreement, the approved Greenhouse and all appurtenances and fixtures
associated therewith shall hereinafter be referred to as the "Agricultural Structure"; and
WHEREAS, this Agreement imposes certain covenants upon the Property which
restrict the use and occupancy of the "Agricultural Structure", according to the
limitations in Section 5-20-70 of the Pitkin County Land Use Code, and as more
particularly set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and obligations
contained herein,the Owner hereby covenants and agrees as follows:
1. The Use and occupancy of the Agricultural Structure shall henceforth be
primarily for the purpose of growing trees, fruits, vegetables, flowers, grain,
ornamental plants or other crops.
2. Representatives of the County shall be entitled to enter upon the Property, at
reasonable times and upon at least 48 hours' advance notice to the Owner of
the Property, or the Owner's representative, in order to inspect the
Agricultural Structures for the sole purpose of determining compliance with
the terms and conditions of this Agreement.
3. If the Agricultural Structure or any portion of the Agricultural Structure is not
utilized in a manner consistent with the foregoing, the area must be either
removed or restored to an appropriate agricultural use pursuant to direction
from Pitkin County.
4. This Agreement shall constitute a covenant running with the Property as a
burden thereon for the benefit thereof, and shall be specifically enforceable
RECEPTION#: 622430, 08/14/2015 at
03:12:38 PM,
1 OF 3, R $21.00 Doc Code COVENANTS
Janice K.Vos Caudill, Pitkin County, CO
by, the County, and its successor, by any appropriate action, legal or
equitable.
5. In the event that the interpretation or enforcement of this Covenant or any
provision hereof becomes the subject of litigation between the parties, the
prevailing party shall be entitled to an award of its reasonable attorney's fees
and costs as a part of the judgment entered therein or of the negotiated
settlement.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on
the day and year above first written.
PROPERTY O ' ' :
Date
STATE OF COLORADO )
) ss.
COUNTY OF Pio k,0 )
LL3
The foregoing instrument was acknowledged before me this 1 day of.,latfe.,
2015, by A n rna Por-re.-CU02,1-S and
Witness my hand and official seal.
My commission expires: I( I 13
vtn i2 • S ►I
Notary Public
BONNIE L. SHILES
NOTARY PUBLIC
ti STATE OF COLORADO ti
NOTARY ID 20054038739
(�l MY COMMISSION EXPIRES OCTOBER 30,2017A
PITKIN COUNTY.:
Cindy Houben
Director of Community Development
John E
• ty Attorney
Parcel# Page 3 of 4