HomeMy WebLinkAboutbocc.con.151.2002 I IIIIII DAVIS PI IIIII IIIIIi IIII CO III�IIII IIII III 0 4 90960
010.0s. CONTRACT## o Z
APPROVED BY BOCC
ON 5-;:L-;L -0 -�,— SPECIAL REVIEW AGREEMENT
THIS SPECIAL VIEW AGREEMENT (the "Agreement') is made and entered
into. this �_ day of 2002, by and between DEODAR, INC., a Michigan
corporation ("Owner") an H BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO, as the governing body of Pitkin County, Colorado
("County").
RECITALS
A. Owner is the record owner of the improved real property situated at 0110
Woody Creek Lane, Pitkin County, Colorado and more particularly described on
Exhibit A attached hereto and made a part hereof by this reference (the "Property").
B. By Resolution No.l00 -2002 approved by County on May 22, 2002 (the
"Resolution"), Owner received special review approval for a replacement unit,
expansion of non-conforming structures, and a Caretaker Dwelling Unit ("CDU") on the
Property.
C. One of the conditions to the Resolution was that the Owner submit an
agreement to County containing the understandings set forth below, in a form
acceptable to the Community Development Department and the County Attorney.
D. Owner desires by this instrument to make and enter into the agreements
set forth below.
AGREEMENT '
For and in consideration of the premises and for other good and valuable
considerations, the receipt and sufficiency of which are hereby acknowledged, Owner
and County agree as follows:
1. The main residence on the Property is the only principal use (i.e. the only
unit of density) on the Property, and the bedrooms in the "guest house" are considered
to be accessory to the main residence.
2. Prior to submitting an application for a building permit for the CDU on
the Property, Owner shall remove the kitchen from the guest house.
3. In connection with removing the kitchen, the 220 volt electric power
source in the guest house shall be cut back and disconnected. /
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4. In consideration hereof, County agrees that a bathroom facility shall be
permitted to remain in the guest house and the guest house may remain as a separate
structure on the Property.
5. County staff, with reasonable notice to Owner, shall be allowed to conduct
periodic inspections of the guest house to verify that the kitchen has not been
reinstalled.
6. If for any reason a kitchen is reinstalled in the guest house without prior
County approval, it shall cause the guest house to be deemed to be an illegal second
unit of density on the Property, and County shall have the right to require that the guest
house be removed or demolished at Owner's expense.
7. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as
of the day and year first above written.
OWNER: Deodar, Inc., a
Michigan�atlon
By:
William C. Walter, President
COUNTY: The Board of County Commissioners of Pitkin
County, olorado
By:
Chairperson 1
ATT ST:
D uty Clerk a Recorder
Approved as( to Form:
%�(, \119 �w C-A
Cd 1n Zuni evelopment Director
-a
County At ey
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IIIIIIIIIIIIIIIIIIIIIIIIIIIII 470960
STATE OF COLORADO ) SILVIR DAVIS PITKIN cou IIIIITY IIIIIIIIIIIIIIIIIIIIIO 08/14/2002 1e:0sa
D 0.00
Ss.
COUNTY OF PITKIN )
I ,The foregoing instrument was acknowledged before me this rd y of
2002, by William C. Walter, President of Deodar, Inc., a Michigan
corpora}ton.
Witness my hand and official seal.
My commission expires:
Notary Public
KERRY ROBINSON
STATE OF COLORADO o'mIv Public,B6nZI8G *,,Michigan
rAv commisalm Bow:01-30-04
ss.
COUNTY OF PITKIN )
*Re
foregoinginsrumentwas acknowledg efore me t I /� day of
b The Board of County Com is i ners of it in County, Colorado,
- sChairperson, and by s Deputy Clerk
er.
Witness my hand and official seal. j
My commission expires:
i
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JQU3C/0 ` otary Public
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2962490 LDOC " 011�
STATE Ov G
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EYHIBPT A
Order Number: 00028527
LEGAL DESCRIPTION
A tract of land located in Lot is, Section 9, and in Lots 2, 3 and 4, Section
16, all in Township 9 south, Range 85 West of the
follows: 6th P.M. , described as
Beginning corner
a
quarter co at rn point on the West Iiae of the County Road whence the common
er to said Section 9 and 16 bears North 6936, West 530.3
thence South 89 2 feet;
"50' West 351.64 feet; thence North 33023, West 504.36 feet;
thence North 0009' Zest 239.16 feet to the Centerline of Woody Creek;
thence South 43010, Zest 68.64 feet along the centerline of Woody Creek;
thence South 42°43' Bast 114.33 feet along the centerline of Woody Creek;
thence South 72002, Zest 75.97 feet along the centerline of Woody Creek;
thence No
the rthrth 8365"11' Zast 65.23 feet along theceaterline of Woody Creek;
thence No "32' Zast I29.86 feet along the centerline of Woody Creek to
West line of the County Road;
thence South 23047, Zast 615.83 feet along the West line of the County Road to
the Point of Beginning.
Together with and including the Well Permit, well equipmen well water rights, t and associated
and any other water rights appurtenant to the property,
which water rights are conveyed by quitclaim only and without warranty of
ti tle.
COUNTY OF PITSSN, STATZ OF COLOXWO
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