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Home My WebLink Aboutbocc.con.303.2015 CONTRACT# 305-1-G/5- RESTRICTIVE COVENANT PROHIBITING COMMERCIAL AGRICULTURAL USES THIS AGREEMENT is made 25th day of November, 2015 by the Owners of the land known as Hardy Subdivision Lot 1A, County Parcel Identification Number 273514402005. 1. Recitals. 1.1 PRL Properties LLC (hereinafter the Owners) hold title to a parcel of land known as Hardy Subdivision Lot lA at 507 Mariposa Lane consisting of 57.34 acres more fully described in Exhibit"A" (hereinafter the Property) attached hereto. 1.2 The Owners have received certain land use and development approvals from Pitkin County including: • The BOCC originally approved the Hardy Subdivision, pursuant to Resolution Nos. 94-46, 94-61, 94-168, 95-241 and 98-34. • The Final Plat was recorded in Plat Book 53 at Page 59. • The BOCC extended the vested rights until October 13, 2009, pursuant to Resolution No. 99-189. • Pursuant to Administrative Decision No. 56-2003, the community Development Director approved a minor amendment to allow phasing of the improvement of the common access driveway and the installation of utilities, in order to accommodate the development of Lot 4. • A single family residence was subsequently constructed on Lot 4. • Pursuant to Resolution No. 118-2008,the BOCC granted an increase in the allowable floor area on Lots • I, 2 and 3 from 7,000 square feet to 11,750 square feet, with the additional 4,750 square feet limited to garage (750 square feet) and sub grade space (4,000 square feet), subject to the acquisition and surrender of two TDRs for the subgrade and garage space. • Resolution No. 118-2008 addressed the change in the Code in 2000, which eliminated the subgrade and garage exemptions in the Rural Area and the BOCC also extended the vested rights to October 12, 2012. 1.3 The Owners' Application for Amendment to Development Permit, Subdivision Exemption for a Minor Plat Amendment, and Special Review and GMQS Exemption for a Caretaker Dwelling Unit, and Granting Extension of Vested Real Property rights covered the following development and redevelopment activities: • Extinguish the existing development right on Lot 1. • Merge Lots 1 and 2 into a single lot 1A for development purposes • Construct a single family residence and caretaker dwelling unit on the reconfigured lot 1A. • In exchange for extinguishing the development right on Lot 1, the Applicants agreed to transfer 4,750 square feet of floor area from Lot 1 to Lot 2, increase the maximum allowable floor area on the reconfigured Lot 1 from 11,750 square feet to 14,250 square feet, of which 750 square feet would be above grade and 2,500 RECEPTION#: 625725, 12/18/2015 at 01:09:59 PM, 1 OF 4, R $0.00 Doc Code COVENANTS Parcel#273514402005 Janice K. Vos Caudill, Pitkin County, CO Page 1 POV-I- lc square feet would be restricted to subgrade space, subject to the acquisition and surrender of one TDR • Expand and reorient the existing activity envelope on Lot 2 to accommodate the residence and caretaker dwelling unit on Lot 1A, and to obtain approval of a caretaker dwelling unit. 1.4 As a part of its consideration of the request for development approval, Pitkin County has determined that the valuation of the Property and improvements is significantly higher relative to the value of any agricultural products produced and that it is unlikely for the Owners to generate enough revenue from commercial agricultural activities to sustain a viable agricultural operation. Therefore the development approval changes the primary and fundamental use of the land from being primarily agricultural and as a condition of development approval, the Owners must record a Covenant prohibiting commercial agricultural activity prior to submittal of any building permits. NOW THEREFORE, the Owners declare and acknowledge that the following terms, covenants and conditions shall apply to the affected real property and shall be deemed to run with the land and be a burden and a benefit to the Owners and their successors and assigns and any person owning or acquiring interest in the affected real property and improvements, their grantees, successors, heirs, executors, administrators, devisees, or assigns: 1. The Owners hereby permanently place a covenant on the land prohibiting commercial agricultural activities. 2. At the request of the Owners, this Covenant may be released by the Pitkin County Board of Commissioners if the circumstances which originally caused the Covenant to be required were to change. These circumstances are described in Recital 1.4 above and the factors used to determine said circumstances are defined in Section 2-20-10(e) of the Pitkin County Land Use Code. 3. The provisions of this Covenant shall constitute the covenants that run with the title to the Property for the benefit of Pitkin County, Colorado, its successors and assigns and shall be deemed an appurtenance to the title to such lands. 4. This Covenant shall be specifically enforceable by Pitkin County and its successor, by any appropriate action, legal or equitable. Pitkin County may resort to any and all available legal action, including but not limited to judicial relief in the form of an injunction regarding conveyances. 5. In the event that the parties resort to litigation with respect to any or all of the provisions of this Covenant, the prevailing party shall be awarded damages and costs, including but not limited to reasonable attorney's fees. 6. In the event that the Property or portion of the Property is sold and/or conveyed without compliance herewith, such sale and/or conveyance shall be null and void and shall confer no title whatsoever on the purported buyer. Each and every conveyance of the Property, for all purposes shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference therein to this Covenant. Parcel#273514402005 Page 2 IN WITNESS, WHEREOF,the Owners of the affected property have executed this instrument as of the Day and Year above set forth. OWNER: ii '// Mike Morgan, 'RL Properties LLC STATE OF TEXAS ) ) ss. COUNTY OF HARRIS ) The foregoing instru ent was acknowledged before m , 2015, by 1 khket d/Tot, V1 My commission expires Witness my hand and official seal. / BAiV� a s .� 4r` NJ e: Not. Public / y N ;OF'�a '��b,„m Expires ‘0 PITKIN COUNTY: g —CUL &A/ Cindy Houben Director of Community Development County Attorney Parcel#273514402005 Page 3 ATTACHMENT A Legal Description • Lot 1A, Hardy Subdivision, According to the First Amended Plat of Lot 1 and 2, Hardy Subdivision Recorded December 21, 2011 in Plat Book 98 at Page 96 as Reception No. 585265 507 Mariposa Lane County of Pitkin State of Colorado Parcel#273514402005 Page 4 pO Z-q - t - PtQa turn 4 o O�n i COu0) Cc5m