HomeMy WebLinkAboutbocc.res.054.2016 RECEPTION#: 631045, 08/02/2016 at
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1 OF 7, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,GRANTING APPROVAL OF THE LOT 20 LITTLE CLOUD LLC SITE PLAN
REVIEW AND MAJOR AMENDMENT TO RESOLUTION NO. 106-2014
Resolution No.00-2016
RECITALS
1. Lot 20 Little Cloud LLC("Applicant")applied to the Board of County Commissioners("BOCC")to
obtain Site Plan Review approval to develop two single family residences on a vacant parcel of land.
2. The Applicant is also requesting an amendment to adjust the floor area distribution between the two
residences from what was specified in the Activity Envelope approval. The approval allows two
residences, one with 8,457 square feet of floor area and one with 1,343 square feet of floor area. The
Applicant proposes to redistribute the floor area to increase one residence to 3,000 square feet and
decrease the second residence to 6,300 square feet.
3. The Applicant is also requesting to amend the approved Activity Envelope Plan to extend the geo-
hazard mitigation envelope and the landscape envelope.
4. The property is located at 333 S. Second St., and is more specifically described as Tract A of Parcel
A of Government Lot 20 Subdivision Exemption, according the Plat thereof filed January 8, 1993 in Plat
Book 30 at Page 23.
5. The parcel contains 39,261 square feet and is a conforming size parcel in the R-15 zone district.
6. The Planning Commission granted 1041 Hazard Review approval,pursuant to Resolution No. PZ-91-
45. The 1041 hazard review site plan was recorded in Plat Book 27 at Page 72.
7. The BOCC approved Resolution No. 93-38, which granted subdivision exemption approval to create
separate parcels from Government Lot 20,which were sold and given to the Pitkin County Open Space
and Trails Board to develop a trail. The subdivision exemption plat was recorded in Plat Book 30 at
Page 23. The original property contained 61,249 square feet and two separate parcels. A note on the plat
specifies that"all development rights, including floor area ratio"associated with the original Lot 20 are
reserved for the benefit and use of Tract A.
8. The BOCC denied a request for an extension of vested rights pursuant to Resolution No. 98-198,since
the building envelope was located on slopes in excess of 30%and within rockfall hazard areas,where the
Code prohibits development. The Applicant requested a takings determination as a result of the denial,and
the BOCC subsequently found pursuant to Resolution No. 99-178 that the denial did not constitute a
taking.
9. The Hearing Officer granted 1041 hazard review,conceptual submission and special review approval
for a single family residence and caretaker dwelling unit,pursuant to Determination No. 32-2002. In the
decision,the Hearing Officer specifically found that the building envelope had limited exposure to potential
rockfall hazards. The 1041 hazard review site plan was recorded in Plat Book 65 at Page 16. The Hearing
Officer subsequently amended the approval,pursuant to Determination No. 1-2003,to specify the maximum
Resolution No.X57(-2016
Page 2
allowable floor area(9,800 square feet,not including subgrade space and garage);and pursuant to
Determination No.25-2003,to permit drilling of a well as an alternative to City water service.
10. The BOCC granted an extension of the vested rights,pursuant to Resolution No. 006-2006. An
amended 1041 hazard review site plan was recorded in Plat Book 79 at Page 75. The vested rights expired
on February 8,2009.
11. The Hearing Officer denied the Activity Envelope Review,pursuant to Determination No. 6-2014,
fording that the activity envelope is within a rockfall area,where development is prohibited by Sec. 7-20-
50(c)of the Code,and that portions of the envelope encroach on slopes in excess of 45%and 30%,
where development is prohibited by Secs. 7-20-20(b)and(c)of the Code. The Applicant submitted a
request to the BOCC for a takings determination and the BOCC found that the denial constituted a taking
and remediated the taking by approving the Activity Envelope Plan pursuant to Resolution No. 106-2014.
This Resolution repealed and replaced Resolution No.PZ-91-45;Hearing Officer Determination Nos.32-
2002, 1-2003 and 25-2003;and BOCC Resolution No. 006-2006. The Resolution specified that the BOCC
would review the Site Plan application. The Activity Envelope Plan was recorded in Plat Book 109 at Page
14. The vested rights expire on November 19,2017.
12. Condition#5 of Resolution No. 106-2014 provides the following development parameters for the
property:
A. One or two single family residences may be built on the parcel, based on the 1992 contract with the
County and the note on the plat recorded in Plat Book 30 at Page 23.
B. The maximum allowable floor area shall be 9,800 square feet, based on the original lot size of
61,249 square feet.
C. If two residences are constructed, one residence shall contain no more than 1,343 square feet of
floor area and the second residence shall contain no more than 8,457 square feet of floor area.
If one residence is constructed, the residence shall contain no more than 9,800 square feet of
floor area.
D. 5,750 square feet of gross floor area is exempt from growth management for each residence.
13. The BOCC considered the application at a duly noticed public hearing on February 10,2016,at
which time further evidence and testimony were presented with respect to the application.
14. The BOCC fmds that the amendments to the approved Activity Envelope Plan to extend the geo-
hazard mitigation envelope are appropriate to accommodate the required rockfall barrier and the
stormwater deflection wall and regrading and landscaping to provide a buffer to the adjacent lot.The
amendments are consistent with the previous approval in that they are the result of more detailed
engineering and design studies; do not change the use of the proposed development or the basic character of
the approved use;do not constitute a new land development activity;do not increase off-site impacts in the
surrounding neighborhood;and do not endanger the public health,safety or welfare.
15. The BOCC further finds that the proposed amendment to redistribute the floor area between the two
residences would achieve a better fit between the size of these new residences and the size of surrounding
residences in the neighborhood,and finds that the Applicant's commitments to reduce the gross floor area
by 2,000 square feet and to build a one-story garage along the front of the smaller house and recess the bulk
of the floor area to the rear of the parcel lessen the impacts of the development. The proposed amendment
Resolution No..61/-2016
Page 3
does not change the use of the property,will not significantly change the basic character or appearance of
the property,will reduce the gross floor area,will not increase off-site impacts on the neighborhood,will not
alter the need for parking or utilities,or affect affordable housing generation.
16. The BOCC further finds that the Site Plan complies with the applicable provisions of the Code,as
follows:
A. The required rockfall mitigation will occur on-site with a rockfall barrier above the residences
within the geo-hazard mitigation envelope.
B. The location, alignment,width,and surface of the driveway from South Second Street have been
designed to comply with the City of Aspen's standards,as required,due to the location in the
Urban Growth Boundary and since a portion of the driveway will be within the public road right-
of-way.
C. The Applicant's plan for reconstruction of the Midland Trail in conjunction with construction of
the driveway has been reviewed and preliminarily accepted by Pitkin County Open Space and
Trails and City of Aspen Parks and Open Space, subject to final review of the plans and the
construction management plan at permit.
D. John Mechling,P.E.with CTL Thompson Inc. asserts that the site can be engineered so that there
is no hazard posed by development on slopes in excess of 30%and 45%. The excavation within
the Building Envelope will be stabilized with a significant earth retention system. Additional
slope stabilization measures(stacked boulder walls, short cantilevered concrete walls,drainage
berms/walls and large landscape boulders)and landscaping(snowberry,juniper,Aspen)will
stabilize the slopes outside of the Building Envelope but within the Geo-Hazard Mitigation and
Landscape Envelopes.
E. A Phase 1 Environmental Site Assessment found that the site does potentially have recognized
environmental conditions in the form of soils with elevated levels of lead and arsenic. Soil
samples were taken and evaluated in a Phase 2 analysis,which concluded that the lead levels are
within CDPHE standards, but the arsenic level is exceeded. However,the levels are not so high
as to require remediation and the material is suitable for disposal at the Landfill as a Special
Waste.
F. Mr.Mechling did not observe any evidence of underground mine workings below the property
and asserts that the risk of subsidence from underground mine workings at the site is nil to low.
G. CTL Thompson Inc.conducted an analysis and found that"mudflow is not a significant hazard to
the planned improvements on Government Lot 20. Intense runoff events are likely to include
mostly water and are not expected to contain significant amounts of solids,enough to be classified
as mudflows."
H. The Applicant's drainage plan has been designed to ensure that historical stormwater flow patterns
and runoff amounts are maintained. A stormwater deflection wall(approximately 15"exposed
above grade on the uphill side)is proposed above the residences to deflect stormwater to the north,
where the water then flows onto the Midland Trail and then into South Second Street,as it would
today. A storm sewer system will discharge into a common stormwater drywell system.
I. The property is within the scenic view protection area("SVPA")as seen from State Highway
82/Main Street at the intersection with South Second Street. The residences would not be visible
from Main Street. The property is 2.5 blocks from Main Street and to the west of the area visible
at the end of South Second Street,and does not contribute to the"visual entrance image"of the
City or the County. The development is sited at the edge of the City and is surrounded by other
developed properties, so it does not contribute to the County's rural atmosphere.
Resolution No.60-20)6
Page 4
J. Landscaping will be used(1)Along the driveway within the Second Street right-of-way to buffer
the driveway from adjacent buildings;(2)Along the Midland Trail corridor to buffer the trail from
the houses;(3)Along the eastern side of House#2 to provide a buffer between House#2 and the
house on Little Cloud Lot 2;and(4)Within the geo-hazard mitigation envelope to soften the
appearance of the rockfall mitigation fence and the stormwater deflection wall,and to stabilize and
revegetate disturbed areas.
K. Adequate on-site parking is provided: two spaces in each garage and four additional off-street
spaces.
NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby approve the Lot
20 Little Cloud Site Plan Review and Major Amendment, subject to the following conditions,which
shall run with the land and be binding on all successors in interest:
1. The Applicant shall adhere to all material representations made in the application or in public
meetings or hearings and shall consider those representations to be conditions of approval,unless
amended by other conditions.
2. The conditions of Resolution No. 106-2014 shall remain in full force and effect,except as amended
herein.
3. Prior to submission of any development permit applications,the Applicant shall be required to
submit for approval by the County Attorney and Community Development Director a Site Plan in
accordance with Land Use Code Section 2-30-20(g)and Application Manual Section 2.1.12. The
above referenced approvals shall be a condition precedent to finalization and recordation. The Site
Plan shall be amended as follows, prior to submission for recordation:
A. Include the planting plan. The plantings along the Midland Trail shall be diversified to include
other native plantings such as serviceberry and sage. Plantings,when mature,must not interrupt
proper sight lines or encroach into the trail corridor. Plantings at the end of Second Street shall
include evergreen trees to provide year-round screening.
B. Depict the revised driveway alignment.
C. Amend the"Project Site Map"to depict the activity envelopes as amended in this approval.
4. Concurrent with recordation of the Site Plan,the Applicant shall:
A. Record a Deed Restriction to ensure that the garage for House#2 remains one story in height.
B. Record a Covenant over the property to the benefit of the County for the continued inspection
and maintenance of the rockfall barrier,the storm water deflection wall, and the storm water
system. The Covenant shall allow the County to enforce if the Applicant fails to adequately
perform the required inspections and maintenance. The Covenant shall be dedicated, accepted,
and recorded with the Site Plan.
5. The flexible steel mesh rockfall barrier shall be installed and a qualified professional engineer or
geologist shall certify that the barrier was built to the required design standards,prior to
commencement of any other construction activities.
Resolution No.d6 -2016
Page 5
6. With the building permit applications for the residences,the Applicant shall submit a landscape plan
that shall be substantially consistent with the Planting Plan in the recorded Site Plan.
7. With the Earthmoving/Clearing/Grubbing permit application for the rockfall barrier and the stormwater
deflection wall and any and all other hardscape,retaining walls,earthwork,utilities, landscaping and
any water features,the Applicant shall:
A. Submit plans and specifications for the rockfall barrier and the stormwater deflection wall that have
been signed and stamped by a qualified professional engineer or geologist licensed in the State of
Colorado. The plans shall be reviewed and approved by the Colorado Geological Survey,prior to
issuance of the permit.
B. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or
geologist for review and approval by the Planning Engineer and the City of Aspen Engineer(as it
affects the City right-of-way. The plan shall demonstrate that no drainage will adversely affect
neighboring properties or the Midland Trail. The area that previously drained to the City right-of-
way will be permitted to drain to the right-of-way if impervious areas are treated for Water Quality
Capture Volume;additional flows shall not drain into the City right-of-way. The proposed outfall
from the onsite drywells shall be removed,unless the outfall is permitted by the City Engineer.
C. Submit a construction management plan for review and approval by the Planning Engineer.
D. Submit a detailed landscape plan,tree mitigation plan and revegetation plan for disturbed areas with
appropriate seed mixes.
8. Prior to issuance of any building permits,the Applicant shall obtain an Access Permit for the driveway
and the reconstruction of the Midland Trail. The permit shall be reviewed and approved by the
Planning Engineer,the Aspen Fire Marshal,the City of Aspen Engineer,City of Aspen Parks and Open
Space,and Pitkin County Open Space and Trails. The driveway must be located within the access
easement shown on the subdivision exemption plat recorded in Plat Book 30 at Page 23. The Applicant
shall obtain a City of Aspen right-of-way permit for the driveway cut and any other work or
development within the City right-of-way,prior to issuance of the Access Permit. With the Access
Permit application,the Applicant shall:
A. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or
geologist.
B. Submit a construction management plan.The plan shall include provisions for a trail detour
during construction of the driveway.
C. Submit a detailed landscape plan,tree mitigation plan and revegetation plan for disturbed areas with
appropriate seed mixes. Plantings along the trail shall not encroach into the trail corridor and shall
not interrupt proper sight lines. The existing chokecherry trees and mature shrubs on the north side
of the trail to the west of the driveway crossing shall be preserved and retained.
D. The trail shall be crowned or outsloped with a 2%slope.
E. The plans shall include cross sections and profiles of each side of the driveway;the location of stop
signs on the driveway on both sides of the trail;and the location of signage to notify trail users of
the driveway crossing.
9. The Applicant shall pursue the improvements at the end of Second Street, including but not limited to
the driveway, landscaping and drainage improvements,as soon as all necessary approvals are obtained
Resolution No. JD` --2016
Page 6
and permits issued,in order to mitigate the erosion and storm water runoff impacts to Second Street and
the Ajax Condominiums storm water system during construction.
10. Prior to issuance of the first building permit,the Applicant shall purchase and install a We-Cycle station
to serve the neighborhood. The station location shall be approved and permitted by City of Aspen
Engineering.
11. Prior to issuance of the Earthmoving/Clearing/Grubbing permit or the Access Permit,the Applicant
shall obtain a permanent encroachment license from the City of Aspen for the following development
within the right-of-way—the portion of the snowmelted driveway,the trenchdrain and the drywells.
The drywell in the City right-of-way shall be sized to accommodate the right-of-way drainage and the
snowmelt from the snow storage area. The drywell can also be utilized to capture runoff from the
snowmelted driveway. It will be the responsibility of the property owner to maintain the drywells and
associated piping,and ensure that the storm water management system for the Ajax Condominiums is
not impacted.
12. Prior to the final inspections for the residences,a qualified professional engineer shall certify that the
stormwater deflection wall and all retaining walls were built to the required design standards.
13. The Applicant shall comply with all standards for development within Scenic View Protection Areas
as represented in the application and approved in this Resolution. The exteriors of the residences
shall utilize indigenous earth tone materials or colors. The"light colored brick"and"light stained
wood siding/screen"shall be replaced with darker materials that blend more into the surrounding
landscape. The roofs shall have a non-reflective color or composition. Reflective roof materials
shall not be used unless the materials are treated prior to installation to eliminate reflectivity,with the
exception of materials associated with solar or photovoltaic equipment. Driveway lighting is
prohibited and all other lighting shall comply with the lighting code.
14. The maximum allowable floor area for the two residences shall be 9,300 square feet. One residence
shall contain no more than 3,000 square feet of floor area and the second residence shall contain no
more than 6,300 square feet of floor area. The gross floor area of the two residences shall be no
more than 17,300 square feet,which includes 750 square feet of exempt floor area for a garage for
each residence,2,500 square feet of exempt below grade space for the smaller residence,and 4,000
square feet of exempt below grade space for the larger residence. 5,750 square feet of gross floor
area is exempt from growth management for each residence.
15. Retaining walls over 4' in height shall be engineered.
16. No snowmelt shall be used at the trail crossing of the driveway. 3"of clean,compacted snow shall be
left on the trail through the winter months to insure a seamless skiing connection on the Midland Trail.
17. Signage stating"No parking October—May"shall be posted in both snow storage areas.
18. All areas disturbed by construction shall be revegetated with native shrubs and grasses within one
growing season of the project's completion.
Resolution No.1261(-2016
Page 7
19. No development in excess of 30"above or below natural grade shall occur within the setbacks of the
lot,with the exception of driveways and associated retaining walls of up to 6' above or below natural
grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most
restrictive grade. Any development located within setbacks mandated by County zoning regulations
that does not comply with these restrictions shall require a variance from the Board of Adjustment.
Approval of an activity envelope within such setbacks does not assure approval of a variance.
20. Failure to comply with the conditions of this approval may result in revocation of this approval,or
any subsequent permit(s)or approval(s)related to this property, or vested rights associated with this
property.
21. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
July 13,2019.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 31st day
of December, 2015.
APPROVED AND ADOPTED this 13th day of July,2016.
PUBLISHED AFTER ADOPTIN FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the f( day of (,51 , 2016.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
I
By
A .T: Ra• el E.Richar.s,Chair
Date 7-;7-7- /`
i
,, / AZ,
Jean e Jones,Clerk tithe BOCC
AP`ROVED AS TO FORM: APPROVED AS TO CONTENT:
CindRIX1,4,4‘.(--Z-:
ouben
.frt C tfJohn Ely, ,
County • - ...- • Community Development Director
P081-15;PID#273512420001
CONTRACT IIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
RECEPTION#: 652426, R: $0 00, D: $0.00
_ 4./ •� l DOC CODE: ORDINANCE
# Pg 1 of 10, 12/06/2018 at 10:20.43 AM
U Ck,�,�O Janice K.Vos Caudill, Pitkin County, CO
(,/f^9ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING ACCEPTANCE OF A
COVENANT FOR THE MAINTENANCE OF ROCKFA LL BARRIER AND
STORMWATER FACILITIES, PURSUANT TO RESOLUTION NO. 054-2016 FROM
LOT 20 LITTLE CLOUD, LLC
ORDINANCE NO. G�� -2016
I. Lot 20 Little Cloud, LI.C'('Applicant') is the owner of real property located in Pitkin Count),
Colorado, which is described as Tract A of Parcel A of Government Lot 20 Subdivision Exemption.
according the Plat thereof filed January 8, 1993 in Plat Book 30 at Page 23.
2. Board of County Commissioners ("BOCC-) Resolution No 054-2016 approves with conditions
a specific development plan for the parcel. Condition No. 4B of this Resolution requires a
rockfall bather and stormwater facilities, and continued maintenance of the barrier and
facilities.
3. To assure the continued maintenance of the required rockfall barrier and stormwater facilities,
the Applicant has agreed to convey to the County an interest in the property with respect to the
repair, maintenance, and replacement of the harrier and facilities
4. The BOCC reviewed the proposed Covenant on first reading at a regular meeting on September
14, 2016 The BOCC adopted the Ordinance accepting the Covenant on second reading at a
public hearing on September 28, 2016.
NOW, THEREFORE, BE IT ORDAINED b} the Board of County Commissioners of Pitkin
County, Colorado that:
I. The ROCC approves and accepts the Covenant for Maintenance of Rockfall Barrier and
Stormwater Facilities from Lot 20 Little Cloud LLC (Exhibit A).
2. Upon approval of the form of the CON enant by the County Attorney, the ('hair is authorized to
execute the Covenant.
INTRODUCED AND FIRST READ ON 1 HE 14th DAY OF SEPTEMBER, 2016.
NOTICE OF PURI IC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PI BI (SHED IN THE ASPEN TIMES WEEKI Y ON/8-/,-- 0/6 2016.
NOTICE OF PUBLIC HEARING AND TILE FULL TEXT OF THE ORDINANCE POS IED
ON THE OPFICIff1L PITKINICOUNTY WEBSITE ( win w.pitkincounty�.com ) ON WE /5
DAY OF ",et 1-..eta yvy 2016.
ADOPTED AFTER A PUBLIC HEARING AND SECOND READING ON THE 28th DAY OF
SEPTEMBER, 2016
PUBLISHED BY 11 III AND SHORT SUMMARY,AFTER ADOP PION, IN THE ASPEN
LIMES WEEKLY ON THE &g tk DAY OF L'Ufr,Aer 2016.
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE 1 www.pitkincountv.com 10N
DAY OF5z7a<.�tu Lv 2016.
ATTEST: BOARD OF COUN I Y COMMISSIONERS
;1%*
BC) �� IJ v By dq
Jean(e Jones Rac I F Richards, Chair
Dep . County Clerk
Date: iD/i')
25 94D1�
APPROVED AS Of'ORIC MANAGER APPROVAL
aka
John Ely. County orney Jon Peae ck, Count) ManWger
APPROVED AS TO CONTENT:
Cindy'Houben. Community vclopmcnt Director
P081-15, PID 273512420001
CONTRACT
b)i nF1
COVENANT FOR THE MAINTENANCE OF ROCKFALL BARRIER
AND STORABVATER FACILITIES
(PURSUANT TO PITHIN COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 054-2016, AS AMENDED BY ADMINISTRATIVE DECISION
NO. 3-2018)
THIS COVENANT FOR THE MAINTENANCE OF ROCKFALL BARRIER AND
STORMWATER FACILITIES ("Covenant") is made and entered into on the 12th day of
October 2018 by LOT 20 LITTLE CLOUD, LLC, a Colorado limited liability company
("Owner"), for the benefit of the BOARD OF COUNTY COMMISSIONERS OF PITKN
COUNTY, COLORADO ("Pitkin County")
WHEREAS, Owner is the owner of real property located in Pitkin County, Colorado,
described in Exhibit A, attached hereto and by this reference incorporated herein (the
"Property")
WHEREAS, Board of County Commissioners Resolution No. 054-2016 recorded on
August 2, 2016 at Reception No 631045, as amended by Administrative Decision No 3-2018
recorded on March 19, 2018 at Reception No 645921 (collectively, the "Approval Resolution")
approves with conditions a specific development plan for the Property
WHEREAS, pursuant to the requirements of the Approval Resolution, there will be
located on the Property, among other improvements, the following improvements to be
constructed pursuant to construction plans approved during the permitting process in accordance
with the Approval Resolution (a) a flexible steel mesh rockfall barrier to be located within the
Geo-Hazard Mitigation Envelope shown on the Lot 20 Little Cloud, LLC — Site Plan recorded on
the same day as this Covenant in Plat Book/16( at Page On , and (b) a stormwater sewer
system that will direct stormwater through a drainage system into a common stormwater drywell
system (collectively, the"Mitigation Improvements")
WHEREAS, Owner will be responsible for the repair, maintenance and cleaning of the
Mitigation Improvements from time to time,
WHEREAS, Pitkin County has an interest in assuring the ongoing repair, maintenance
and cleaning of the Mitigation Improvements, and therefore, Pitkin County, pursuant to Section
4 B of the Approval Resolution, has requested certain requirements be imposed upon the
Property regarding the performance of repairs, maintenance and cleaning of the Mitigation
Improvements from time to time, as more particularly set forth herein,
WHEREAS, Owner is willing to covenant to Pitkin County pursuant to Section 4 B of the
Approval Resolution, forever and in perpetuity, with respect to the repair, maintenance and
cleaning of the Mitigation Improvements as may be required by Pitkin County from time to time,
for and in consideration of the recitals, mutual covenants, terms, conditions and restrictions
contained herein
A0085999 5} I
NOW, THEREFORE, in consideration of the covenants, conditions and terms hereof, in
addition to other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Owner does hereby covenant as follows
Covenant Regarding Repair, Maintenance and Cleaning of the Mitigation
Improvements Owner covenants and agrees that, as the owner of the Mitigation Improvements,
Owner shall at all times preserve the functionality of the Mitigation Improvements, and the
repair, maintenance or cleaning of the Mitigation Improvements from time to time so that the
Mitigation Improvements at all times comply with sound engineering standards and practices and
any generally applicable requirements of Pitkin County, Colorado. and the State of Colorado
with respect thereto (collectively, the `Mitigation Improvements Repair and Maintenance
Obligations") With respect to the flexible steel mesh rockfall barrier contemplated to be
included as part of the Mitigation Improvements, the parties acknowledge that, subject to any
necessary approvals from Pitkin County, Owner may reach an agreement with the Little Cloud
Homeowners Association (the "LCHA") to permit such rockfall barrier to be located on such
Association's adjoining common area property If this alternative solution for the rockfall harrier
is agreed to, then the parties acknowledge that this Agreement will need to be amended and/or a
supplement to this Agreement will need to be entered into to address the repair, maintenance and
cleaning of such alternative rockfall barrier (which may also include an amendment to the
existing agreement between Pitkin County and the LCHA regarding the maintenance of the
rockfall barriers that already exist on the LCHA common area property)
2 Permitted Uses and Activities As owner of the Property, Owner retains the right
to perform any act consistent with the Pitkin County Land Use Code (the `Land Use Code") to
the extent such act is not prohibited or limited by the requirements of this 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 othenvise transfer the Property to
anyone Owner chooses Nothing herein shall be construed to be an approval by Pitkin County
under the Land Use Code for any purpose other than the repair, maintenance and cleaning of the
Mitigation Improvements
3 Enforcement and Inspection This Covenant and its terms and representations
shall be fully enforceable by Pitkin 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 Owner or its successors or assigns to either perform
actions provided for in this Covenant or to cease and desist all activity in violation of the terms
of this Covenant Moreover, Pitkin County and its successors, assigns and agents shall be
permitted access to, and to enter upon, the Property at reasonable times upon at least forty-eight
(48) hours advance notice to Owner or Owner's representative, solely for the purpose of
monitoring and inspecting the Mitigation Improvements in order to verify Owner's performance
of the Mitigation Improvements Repair and Maintenance Obligations hereunder
In the event of Owner's failure to perform the Mitigation Improvements Repair and
Maintenance Obligations hereunder, Pitkin County shall, prior to the exercise of any right or
remedy, give Owner written notice of such failure, together with (1) a written statement setting
forth in reasonable particularity in what respect Owner has failed to perform its Mitigation
Improvements Repair and Maintenance Obligations hereunder, including any appropnate
40085999 5 { 2
supporting documentation, and (2) a written description of any remedial actions and the basis of
rationale therefor which Pitkin County requests to be taken by Owner in connection with the
Mitigation Improvements (collectively, a "Default Notice") Upon Owner's receipt of a Default
Notice, Owner shall thereafter have a period of fifteen (15) calendar days to cure said default by
undertaking and completing the remedial actions set forth in the Default Notice If the requested
remedial actions described in the Default Notice by their nature are not capable of being
undertaken and completed within the time provided, Owner shall, provided that it is proceeding
with all due diligence, have up to an additional thirty (30) calendar days to undertake and
complete the requested remedial actions, which thirty (30) day period may automatically be
extended by successive thirty (30) calendar day periods, provided that Owner continues to
proceed with all due diligence to undertake and complete the requested remedial actions during
each such successive thirty (30) calendar day period If Owner fails to undertake and complete
the requested remedial actions within the time period(s) provided, Pitkin County shall then and
thereafter he free to pursue any right or remedy allowed by this Covenant or otherwise by law
4 Pitkin County's Remediation of Owner's Failure to Undertake and Complete
Remedial Actions In the event that Owner fails to undertake and complete the requested
remedial action(s) described in Pitkin County's Default Notice within the time period(s) set forth
in Section 3 above, Pitkin County thereafter may enter the Property and undertake and complete
such requested remedial actions at Owner's cost Owner shall reimburse Pitkin County for the
cost of undertaking and completing the requested remedial actions within thirty (30) calendar
days of Owner's receipt of Pitkin County's written demand for payment, together with copies of
any receipts or invoices In the event of Owner's failure to pay in full the amount set forth in
Pitkin County's written demand within the time set forth above, Pitkin County thereafter shall be
entitled to assert a lien against the Property for the cost of Pitkin County's performance and
completion of the requested remedial actions Any lien secured by Pitkin County against the
Property pursuant to this Section shall have as a priority date the effective date of this
Agreement, and Pitkin County shall he entitled to recover from Owner reasonable attorney's fees
and costs incurred in securing and enforcing such lien
5 Costs and Liabilities Owner 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 Covenant
Pitkin County's acceptance of this Covenant shall in no way be construed as an assumption of
any duties or liabilities associated with the Property, and Owner acknowledges that by this
Covenant, Owner continues to retain responsibility for any and all duties and liabilities
associated with the Property
6 Covenant Running with the Land, Binding Effect The provisions of this
Covenant shall constitute a covenant that runs with the title to the Property as a burden thereon
for the benefit of Pitkin County and shall be deemed an appurtenance to the title to such land
The Property may he established as a common interest community pursuant to the Colorado
Common Interest Ownership Act in connection with the sale to separate parties of the two
residences anticipated to be constructed on the Property pursuant to the Approval Resolution,
and an owners' association may be established for the Property in connection therewith (an
"Association") If an Association is established for the Property as described above, then such
5 A008599 5 } 3
Association shall assume and be responsible for performing all of the obligations of the Owner
pursuant to this Covenant
7 Subordination At the time of the making of this Covenant, Owner represents
that, except as provided in the Lender Consent attached hereto, 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 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 Covenant can only be modified by an amended
covenant executed by Owner, and approved in writing and adopted by Pitkin County and
recorded in the records of the Clerk and Recorder for Pitkin County, Colorado
10. Venue and Jurisdiction The interpretation, enforcement or any other matters
relative to this Covenant shall be construed and determined in accordance with the laws of the
State of Colorado. Owner and Pitkin County consent to venue and jurisdiction in the District
Court for Pitkin County, Colorado, for all matters concerning the interpretation and enforcement
of this Covenant
II. 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 Headings Paragraph or section headings within this 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 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 Covenant
14 Notices Any notice, demand, or document which any party is required or may
desire to give, deliver or make to the other party shall be in wnting and may be personally
delivered or given by United States certified mail, return receipt requested, addressed as follows
To Pitkin County County Attorney
Pitkin County
530 East Main Street
Aspen, Colorado 81611
To Owner. Lot 20 Little Cloud, LLC
do Bart Johnson, Esq
420 E Main St , Ste 210
{A04)85099;5; 4
Aspen, CO 81611
Any notice, demand or document so given, delivered or made by United States mail shall
be deemed to have been received on the date actually received, addressed as above provided,
with postage prepaid Either party may change its address for the purpose of this Section by
giving written notice of such change to the other party in the manner provided for in this Section
In the event of sale of the Property by Owner, any notice to he sent to the new Owner(s) of the
Property may he delivered to the address for such Owner(s) on file with the Pitkin County
Assessor unless any such Owner provides notice to Pitkin County of a different address pursuant
to the terms hereof
IN WITNESS WHEREOF, the parties have executed this Covenant for the
Maintenance of Mitigation Improvements to be effectis e as of the date set forth above
LOT 20 LITTLE CLOUD, LLC, a Colorado limited
liability company
ByName David S Cohen
Title Receiver
STATE OF COLORADO
CITY& ) ss
COUNTY OF DENVER
The foregoing document was acknowledged before me this I,)Ih day of Ori[ b e r
2018, by David S Cohen as the Receiver for LOT 20 LITTLE CLOUD, LLC, a Colorado
limited liability company
Witness my hand and official seal
My commission expires. Jtrn a, atm 1
GINA FAHL Notary Public
Notary Public-State olcolorado
.Notary ID 20174023553
My Commission Expires Jun 2,2021
A00859991 5 j S
ATTEST ACCEPTED BY
BOARD OF COUNTY COMMISSIONERS
BY III .� � / ' GJ BY` µ
Jeanen. Jones !! [°ba 4 OfLS4fORer - !Lei at modS
Deputy County Clerk 'j
Date /2-/ , 2018
APPROVED AS TO FORM APPROVED AS TO CONTENT
STILI14-N kt7- kt �/,
John M Ely Es my Attorney Cindy/Houben, Commu evelopment Director
:A0085909 i 57 6
LENDER CONSENT
Alpine Bank is a beneficiary under the Deed of Trust recorded on July 1. 2016, at
Reception No 630415, in the office of the Clerk and Recorder of Pitkin County, Colorado, as it
may be amended from time to time (the "Deed of.Trust") Alpine Bank, for itself and its
successors and assigns, consents to the recording of this Covenant and agrees that no foreclosure,
deed granted in lieu of foreclosure, or other enforcement action by Alpine Bank under the Deed
of Trust shall result in the termination or release of this Covenant and this Covenant shall remain
in full force and effect with respect to the Property notwithstanding any such foreclosure or other
enforcement action
Alpine Bank
(
Name —
Title _ t(`z;:
STATE OF COLORADO
) ss
COUNTY OF PITKEN
The foregoing Lender Consent was acknowledged before me this Id` day of
(44 04( 2018, by ?.xti {Nhrk, -- as P(ctidc i-
---
of Alpine Bank
Witness my hand and official seal
Notary Public
My commission expires. M Grp^ 4i ?LA or
BENTLEY HEIST
Notary Puhhc
State N Colorado
Notary10 20114022079
My Commrssi0n Expires May 9,2079
140015999/31 7
iiiiiiuuiuiiiiiiiiuiiiiiiiiiiiiiuiiiiiiiiuiiiiiiiiuiiiiiiiiiiuiiiii
RECEPTIONS: 652427, R: 80.00, D 50.00
DOC CODE COVENANTS
Pg 1 of 8, 12/06/2018 at 10:20:44 AM
Janice K.Vos Caudill, Pitkin County, CO
COVENANT FOR THE MAINTENANCE OF ROCKFALL BARRIER
AND STORMWATER FACILITIES
(PURSUANT TO PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 054-2016. AS AMENDED BY ADMINISTRATIVE DECISION
NO.3-2018)
THIS COVENANT FOR THE MAINTENANCE OF ROCKFALL BARRIER AND
STORMWATER FACILITIES ("Covenant") is made and entered into on the 12th day of
October 2018 by LOT 20 LITTLE CLOUD, LLC, a Colorado limited liability company
("Owner"), for the benefit of the BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO ("Pitkin County")
WHEREAS, Owner is the owner of real property located in Pitkin County, Colorado,
described in Exhibit A, attached hereto and by this reference incorporated herein (the
"Property")
WHEREAS, Board of County Commissioners Resolution No 054-2016 recorded on
August 2, 2016 at Reception No 631045, as amended by Administrative Decision No 3-2018
recorded on March 19, 2018 at Reception No 645921 (collectively, the "Approval Resolution")
approves with conditions a specific development plan for the Property
WHEREAS, pursuant to the requirements of the Approval Resolution, there will be
located on the Property, among other improvements, the following improvements to be
constructed pursuant to construction plans approved during the permitting process in accordance
with the Approval Resolution (a) a flexible steel mesh rockfall barrier to be located within the
Geo-Hazard Mitigation Envelope shown on the Lot 20 Little Cloud, LLC — Site Plan recorded on
the same day as this Covenant in Plat Book/lit at Page on , and (b) a stormwater sewer
system that will direct stormwater through a drainage system into a common stormwater drywell
system (collectively, the"Mitigation Improvements")
WHEREAS, Owner will be responsible for the repair, maintenance and cleaning of the
Mitigation Improvements from time to time;
WHEREAS, Pitkin County has an interest in assuring the ongoing repair, maintenance
and cleaning of the Mitigation Improvements, and therefore, Pitkin County, pursuant to Section
4B of the Approval Resolution, has requested certain requirements be imposed upon the
Property regarding the performance of repairs, maintenance and cleaning of the Mitigation
Improvements from time to time, as more particularly set forth herein,
WHEREAS, Owner is willing to covenant to Pitkin County pursuant to Section 4 B of the
Approval Resolution, forever and in perpetuity, with respect to the repair, maintenance and
cleaning of the Mitigation Improvements as may be required by Pitkin County from time to time,
for and in consideration of the recitals, mutual covenants, terms, conditions and restrictions
contained herein
{A00R5999.5 f I
NOW. THEREFORE, in consideration of the covenants, conditions and terms hereof, in
addition to other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Owner does hereby covenant as follows
Covenant Regarding Repair, Maintenance and Cleaning of the Mitigation
Improvements Owner covenants and agrees that, as the owner of the Mitigation Improvements,
Owner shall at all times preserve the functionality of the Mitigation Improvements, and the
repair, maintenance or cleaning of the Mitigation Improvements from time to time so that the
Mitigation Improvements at all times comply with sound engineering standards and practices and
any generally applicable requirements of Pitkin County, Colorado, and the State of Colorado
with respect thereto (collectively, the "Mitigation Improvements Repair and Maintenance
Obligations") With respect to the flexible steel mesh rockfall bather contemplated to be
included as part of the Mitigation Improvements, the parties acknowledge that, subject to any
necessary approvals from Pitkin County, Owner may reach an agreement with the Little Cloud
Homeowners Association (the "LCHA") to permit such rockfall bather to be located on such
Association's adjoining common area property If this alternative solution for the rockfall barrier
is agreed to, then the parties acknowledge that this Agreement will need to be amended and/or a
supplement to this Agreement will need to be entered into to address the repair, maintenance and
cleaning of such alternative rockfall barner (which may also include an amendment to the
existing agreement between Pitkin County and the LCHA regarding the maintenance of the
rockfall barriers that already exist on the LCHA common area property)
2 Permitted Uses and Activities As owner of the Property, Owner retains the right
to perforin any act consistent with the Pitkin County Land Use Code (the "Land Use Code") to
the extent such act is not prohibited or limited by the requirements of this 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 Owner chooses Nothing herein shall be construed to be an approval by Pitkin County
under the Land Use Code for any purpose other than the repair, maintenance and cleaning of the
Mitigation Improvements
3 Enforcement and Inspection This Covenant and its terms and representations
shall be fully enforceable by Pitkin 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 Owner or its successors or assigns to either perform
actions provided for in this Covenant or to cease and desist all activity in violation of the terms
of this Covenant. Moreover, Pitkin County and its successors, assigns and agents shall be
permitted access to, and to enter upon, the Property at reasonable times upon at least forty-eight
(48) hours advance notice to Owner or Owner's representative, solely for the purpose of
monitoring and inspecting the Mitigation Improvements in order to verify Owner's performance
of the Mitigation Improvements Repair and Maintenance Obligations hereunder
In the event of Owner's failure to perform the Mitigation Improvements Repair and
Maintenance Obligations hereunder, Pitkin County shall, prior to the exercise of any right or
remedy, give Owner written notice of such failure, together with (I) a written statement setting
forth in reasonable particularity in what respect Owner has failed to perform its Mitigation
Improvements Repair and Maintenance Obligations hereunder, including any appropriate
I.A0085999.5 i 0
supporting documentation, and (2) a written description of any remedial actions and the basis of
rationale therefor which Pitkin County requests to be taken by Owner in connection with the
Mitigation Improvements (collectively, a "Default Notice") Upon Owner's receipt of a Default
Notice, Owner shall thereafter have a period of fifteen (15) calendar days to cure said default by
undertaking and completing the remedial actions set forth in the Default Notice If the requested
remedial actions described in the Default Notice by their nature are not capable of being
undertaken and completed within the time provided, Owner shall, provided that it is proceeding
with all due diligence, have up to an additional thirty (30) calendar days to undertake and
complete the requested remedial actions, which thirty (30) day period may automatically be
extended by successive thirty (30) calendar day periods, provided that Owner continues to
proceed with all due diligence to undertake and complete the requested remedial actions during
each such successive thirty (30) calendar day period If Owner fails to undertake and complete
the requested remedial actions within the time period(s) provided, Pitkin County shall then and
thereafter be free to pursue any right or remedy allowed by this Covenant or otherwise by law
4 Pitkin County's Remediation of Owner's Failure to Undertake and Complete
Remedial Actions. In the event that Owner fails to undertake and complete the requested
remedial action(s) described in Pitkin County's Default Notice within the time period(s) set forth
in Section 3 above, Pitkin County thereafter may enter the Property and undertake and complete
such requested remedial actions at Owner's cost. Owner shall reimburse Pitkin County for the
cost of undertaking and completing the requested remedial actions within thirty (30) calendar
days of Owner's receipt of Pitkin County's written demand for payment, together with copies of
any receipts or invoices In the event of Owner's failure to pay in full the amount set forth in
Pitkin County's written demand within the time set forth above, Pitkin County thereafter shall be
entitled to assert a lien against the Property for the cost of Pitkin County's performance and
completion of the requested remedial actions Any lien secured by Pitkin County against the
Property pursuant to this Section shall have as a priority date the effective date of this
Agreement, and Pitkin County shall be entitled to recover from Owner reasonable attorney's fees
and costs incurred in securing and enforcing such lien
5. Costs and Liabilities Owner 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 Covenant
Pitkin County's acceptance of this Covenant shall in no way be construed as an assumption of
any duties or liabilities associated with the Property, and Owner acknowledges that by this
Covenant, Owner continues to retain responsibility for any and all duties and liabilities
associated with the Property
6 Covenant Running with the Land, Binding Effect The provisions of this
Covenant shall constitute a covenant that runs with the title to the Property as a burden thereon
for the benefit of Pitkin County and shall be deemed an appurtenance to the title to such land
The Property may be established as a common interest community pursuant to the Colorado
Common Interest Ownership Act in connection with the sale to separate parties of the two
residences anticipated to be constructed on the Property pursuant to the Approval Resolution,
and an owners' association may be established for the Property in connection therewith (an
"Association") If an Association is established for the Property as described above, then such
{mossmnn 5} 3
Association shall assume and be responsible for performing all of the obligations of the Owner
pursuant to this Covenant
7 Subordination At the time of the making of this Covenant, Owner represents
that, except as provided in the Lender Consent attached hereto, 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 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 Covenant can only be modified by an amended
covenant executed by Owner, and approved in writing and adopted by Pitkin County and
recorded in the records of the Clerk and Recorder for Pitkin County, Colorado
10. Venue and Jurisdiction The interpretation, enforcement or any other matters
relative to this Covenant shall be construed and determined in accordance with the laws of the
State of Colorado Owner and Pitkin County consent to venue and jurisdiction in the District
Court for Pitkin County, Colorado, for all matters concerning the interpretation and enforcement
of this 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 Headings Paragraph or section headings within this 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 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 Covenant
14 Notices Any notice, demand, or document which any party is required or may
desire to give, deliver or make to the other party shall be in writing and may be personally
delivered or given by United States certified mail, return receipt requested, addressed as follows.
To Pitkin County County Attorney
Pitkin County
530 East Main Street
Aspen, Colorado 81611
To Owner Lot 20 Little Cloud, LLC
do Bait Johnson, Esq
420 E Main St , Ste 210
tAOO85999 5 4
Aspen, CO 81611
Any notice, demand or document so given, delivered or made by United States mail shall
be deemed to have been received on the date actually received, addressed as above provided,
with postage prepaid Either party may change its address for the purpose of this Section by
giving written notice of such change to the other party in the manner provided for in this Section
In the event of sale of the Property by Owner, any notice to be sent to the new Owner(s) of the
Property may be delivered to the address for such Owner(s) on file with the Pitkin County
Assessor unless any such Owner provides notice to Pitkin County of a different address pursuant
to the terms hereof
IN WITNESS WHEREOF, the parties have executed this Covenant for the
Maintenance of Mitigation Improvements to be effective as of the date set forth above
LOT 20 LITTLE CLOUD, LLC, a Colorado limited
liability company
By
Name David S Cohen
Title Receiver
STATE OF COLORADO )
CITY& ) ss
COUNTY OF DENVER
The foregoing document was acknowledged before me this la lh day of Orli) b e r
2018, by David S Cohen as the Receiver for LOT 20 LITTLE CLOUD, LLC, a Colorado
limited liability company
Witness my hand and official seal
My commission expires. JLrn a, acs 1
alNn BAHL Notary Public
Nuta'v Public-Stale of Calomel()
Notary ID 20174023553
My Commission Exprres Jun 2.2021
SA0085999'5; 5
ATTEST ACCEPTED BY
BOARD OF COUNTY COMMISSIONERS
f
c
B}+./I ' ' 1 2 I GoBy`- � - ° c
Jeane� Jones [ /141 AMLYs(O•tsr - 1 • t mos
Depu/, County Clerk
Date /9--/ 15- , 2018
APPROVED AS TO FORM APPROVED AS TO CONTENT
574o 1
ev
John M Ely, Es my Attorney CinciHouben, Commu 4 elopment Director
{A0085999'5} 6
LENDER CONSENT
Alpine Bank is a beneficiary under the Deed of Trust recorded on July 1, 2016, at
Reception No 630415, in the office of the Clerk and Recorder of Pitkin County, Colorado, as it
may be amended from time to time (the "Deed of Trust") Alpine Bank, for itself and its
successors and assigns, consents to the recording of this Covenant and agrees that no foreclosure,
deed granted in lieu of foreclosure, or other enforcement action by Alpine Bank under the Deed
of Trust shall result in the termination or release of this Covenant and this Covenant shall remain
in full force and effect with respect to the Property notwithstanding any such foreclosure or other
enforcement action
Alpine Bank
By
Name F`, // t„M -F
Title f/'L; c^C
STATE OF COLORADO
ss
COUNTY OF PITKIN
Fl The foregoing Lender Consent was acknowledged before me this I'7^ day of
` Lclutc 2018, by jg(P 6v1A;k- as Pr(Yid cot
of Alpine Bank
Witness my hand and official seal
Notary Public
My commission expires M. Co-4 c1 , 201 ct
BENTLEY NEIST
Notary Public
State of Colorado
Notary 10 20114022079
My Commission Expires May 9,2019
10085999 '5 I 7
CONTRACT 110111 n1111111110111111111111111111111111111111111111111111 1111
RECEPTION#:662417,R: $0.00,D: S0.00
#
2 2DOC CODE: COVENANTS
J 36 _ p7 r/� b �!� Pg 1 of 6, 12/05/2018 at 04:26:18 PM
Janice K Vos Caudill, Pitkin County,CO
RESTRICTIVE COVENANT FOR HEIGHT LIMITATION
This Restrictive Covenant for Height Limitation (this "Covenant") is made as of 3rd day
of December, 2018 by LOT 20 LITTLE CLOUD, LLC, a Colorado limited liability company
(the "Owner"), for the benefit of the Board of County Commissioners of Pitkin County,
Colorado(the"County")
Recitals
A. The Owner is the owner of real property located in Pitkin County, Colorado,
described on Exhibit A, attached hereto and by this reference incorporated herein (the
"Property")
B Board of County Commissioners Resolution No. 054-2016 recorded on August 2,
2016 at Reception No 631045, as amended by Administrative Decision No 3-2018 recorded on
March 19, 2018 at Reception No 645921 (collectively, the "Approval Resolution") approves
with conditions a specific development plan for the Property
C Pursuant to the requirements of the Approval Resolution, the Owner intends to
construct on the eastern portion of the Property, among other improvements, a single-family
residence that will contain no more than 3,000 square feet of floor area ("House #2") The
garage for House #2 will be either (i) to the front (i e , on the north side facing Second Street) of
the main structure of House #2, or (ii) incorporated completely into the main structure of
House #2 with no portion of the garage extending beyond such main structure
D. As a part of its consideration of the request for development approval, the County
has required that any portion of the garage for House #2 that extends in front of the main
structure of House #2 be limited to one story in height. As a condition of development approval,
the Owner is required to record this Covenant acknowledging such height limitation for
House #2
Declaration
NOW, THEREFORE, the Owner declares and acknowledges that the following terms,
covenants and conditions shall apply to the Property and shall be deemed to run with the land on
which House #2 is constructed binding Owner and its successors and assigns and any person
owning or acquiring an interest in House #2, their grantees, successors, heirs, executors,
administrators, devisees, or assigns
Height Limitation The Owner hereby agrees and covenants that no portion of the
garage constructed as part of House #2 extending beyond (i.e, toward Second Street) the main
facade of the structure of House #2 shall exceed one story in height, meaning that it shall not
include more than one "floor as such term is defined in the Pitkin County Land Use Code, and
the top of any such portion of the garage structure will not exceed an elevation of 7,922 feet
above mean sea level The foregoing restriction shall apply to the entire garage if it is detached
;.00874/0 6 1
from House #2, or, if the garage is attached to House #2, shall apply to any portion of the garage
that extends beyond the main the facade of the structure of House#2
2 Covenant Running with the Land The provisions of this Covenant shall
constitute covenants that run with the title to the portion of the Property on which House #2 is
constructed for the benefit of the County Each and every conveyance of such portion of the
Property shall be deemed to include and incorporate by this reference the covenants herein
contained, even without reference therein to this Covenant.
3. Enforcement and Inspection This 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 Owner, its successors or assigns to cease and desist all
activity in violation of the terms of this 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 Owner or Owner's representative, solely for the purpose of monitoring, inspection
and enforcement and to assure compliance with the terms and conditions of this Covenant.
4. Costs and Liabilities Owner 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 Covenant The
County's acceptance of this Covenant shall in no way be construed as an assumption of any
duties or liabilities associated with the Property and Owner acknowledges that by this Covenant,
Owner continues to retain responsibility for any and all duties and liabilities associated with the
Property.
5 Subordination At the time of the conveyance of this Covenant, the Owner
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
Covenant
6 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
7 Modification The terms of this Covenant can only be modified by an amended
covenant executed by both Owner and County and recorded in the records of the Clerk and
Recorder for Pitkin County, Colorado
8 Venue and Jurisdiction Owner consents to venue and jurisdiction in the District
Court for Pitkin County, Colorado for all matters concerning the interpretation and enforcement
of this Covenant
{AOOR74 O 6 i 2
9 Section Headings Paragraph or section headings within this 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
10 Enforcement This Covenant shall be enforceable by the County by any
appropriate action, legal or equitable, including but not limited to judicial relief in the form of an
injunction
11 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 Covenant
To Owner Lot 20 Little Cloud, LLC
c/o Bart Johnson, Esq
420 E Main St, Ste 210
Aspen, CO 81611
To County: Board of County Commissioners of Pitkin County
530 E Main Street, 3rd Floor
Aspen, CO 8161 I
With Copies To.
Pitkin County Attorney
530 E Main Street, Suite 302
Aspen, CO 81611
[remainder of page intentionally blank, signature page follows]
IAW87470/61 3
IN WITNESS WHEREOF, the Owner has executed this Covenant as of the date set forth
below
OWNER
LOT 20 LITTLE CLOUD, LLC, a
Colorado limited liability company
By 7
Name. David S Cohen
Title Receiver
STATE OF COLORADO
CITY& ) ss
COUNTY OF DENVER
The foregoing instrument was acknowledged before me this 3`s day of December, 2018,
by David S Cohen as the Receiver for Lot 20 Little Cloud, LLC, a Colorado limited liability
company.
Witness my hand and official seal
My commission expires ,}lin a { a-03-1
1. c 1 a-L /I
NOTARY PUBLIC
Nntar .INA BAHL
Notary ID 2017,4023553MY Commission Expires Jun 2,2021
{A0087470 r 6} 4
LENDER CONSENT
Alpine Bank is a beneficiary under the Deed of Trust recorded on July 1, 2016, at
Reception No 630415, in the office of the Clerk and Recorder of Pitkin County, Colorado, as it
may be amended from time to time (the "Deed of Trust") Alpine Bank, for itself and its
successors and assigns, consents to the recording of this Covenant and agrees that no foreclosure,
deed granted in lieu of foreclosure, or other enforcement action by Alpine Bank under the Deed
of Trust shall result in the termination or release of this Covenant and this Covenant shall remain
in full force and effect with respect to the Property notwithstanding any such foreclosure or other
enforcement action
Alpine Bank
By
Name ` �-e
Title (Fir .
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing Lender Consent was acknowledged before me this 5+h day of
December 2018, by F3iII Wthito as PresIdem
of Alpine Bank
Witness my hand and official seal
A/At A..AtiLLt AA
pp � nn--�� nn Nrt:ry Public
My commumun exexpires /' o7Oes �I� ' �6 L _ ..�, LIr DSFY GE/:Ry
STC.1 E' r re `,Ki
NOT'd;o .1 I 704
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1.40080470'6 1 5
EXHIBIT A
Legal Description of the Property
Tract A,
Parcel A,
Government Lot 20 Subdivision Exemption
according to the plat recorded December 10, 1995 in Plat Book 30 and Page 23,
County of Pitkin, State of Colorado
{A0087470'6 I A-1
AFTER RECORDING,RETURN TO:
Caroline Fuller,Esq
Fairfield and Woods,P.C.
1801 California Street,Suite 2600
Denver,Colorado 80202
STATEMENT OF AUTHORITY
('38-30-108 5 and '38-30-172,C.R.S.)
1. This Statement of Authority relates to an entity named Lot 20 Little Cloud, LLC and is executed
on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S:
2. The type of entity is a limited liability company.
3. The entity is formed under the laws of Colorado by instrument dated January 30, 2015.
4 The principal office street address for the entity is:
5401 East Sixth Avenue Parkway, Denver,CO 80220 .
5. The position of each person authorized to execute instruments conveying, encumbering, or
otherwise affecting title to real property on behalf of the entity is:
Name: David S. Cohen Position: Receiver
6. The authority of the foregoing persons to bind the entity is ❑not limited ®limited as follows:
Order Appointing Receiver by the District Court, Pitkin County, Colorado, Case No 2017 CV
30125
7. Other matters concerning the manner in which the entity deals with interests in real property:
None /�
ExecutedthisiD((-
day of otok-/C 2018.
Lot 20 Little Cloud, LLC,
a Colorado
`limited
Jliability company
By: (
David S. Cohen, Receiver
STATE OF COLORADO
) ss.
CITY AND COUNTY OF DENVER 77
The foregoing instrument was acknowledged before me this 3 D day of
(Mt Li-6:y- 2018, by David S.Cohen, Receiver for Lot 20 Little Cloud, LLC.
Witness my hand and seal.
Notary P li
My commission expires:
[SEAL] JENNIFER RUFF
Notary Public
State of Colorado
Notary ID 20014015216
My Commission Expires May 5,2019