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Home My WebLink Aboutbocc.con.153.2017-BOCC , 111111111111111111111111111111111111111111111011111111111 CONTRACT#/15-;.od RECEPTIONS: 637855,R: $38,00 D'an 00 CODE: R DOC CODE: RESTRICTION Pg t of 6,04/26(2817 at 11:34:25 AM Janice K. Vos Caudill,Pitkin County,CO RESTRICTIVE COVENANT FOR THE USE OF AND AGREEMENT FOR A GREENHOUSE rJ THIS R STRICTIVE COVENANT("Restrictive Covenant") is made and entered this day of f /Lf r4" _ 2017. by Aggie Skirball Trust ("Grantor"' or "Owner"), concerning the 4.164 act property known as 646 Capitol Creek Road. Snowmass, CO. Parcel ID#264504404022, located in Pitkin County, for the benefit of the Pitkin County Hoard of County Commissioners("County"). WITNESSETH WHEREAS,Grantor owns the real property described as Lot 22, Lazy 0 Ranch ("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 will be located as shown on the attached site plan(Exhibit A)and shall contain approximately 384 square feet of floor area (where a total of 600 square feet is allowed),as approved in Building Permits 1539,2001.FPNC and 0290.2003 PFNC.For the purposes of this Restrictive Covenant,the approved Greenhouse and all appurtenances and fixtures associated therewith shall hereinafter be referred to as the "Greenhouse";and WHEREAS,this Restrictive Covenant imposes certain limitations upon the Property, which restrict the Use of the Greenhouse, 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 Greenhouse shall henceforth be designed and used primarily for the purpose of growing trees, fruits,vegetables,flowers,grab,ornamental plants,or other crops.A greenhouse is not a place where agricultural products are processed,treated,or packaged. 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 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 J,east 48 hours advance notice to the Grantor or Grantor's representative,solely for the purpose of monitoring,inspection, and if necessary-, remediation of the Greenhouse 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,arc 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. 11. 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: Aggie Skirball 646 Capitol Creek Road Snowmass,CO 81654 To County: Board of County Commissioners of Pitkin County 530 E. Main Street, 3rd Floor Aspen, CO 81611 With Copies To: John M. Ely Pitkin County Attorney 530 E. Main Street, Suite 302 Aspen,CO 81611 IN WITNESS WHEREOF,Grantor has executed this Restnctive Covenant as of the date and year first written above. Grantor 1 / State of Colorado ) RQs 'p��^',J��}'p�p n '„ fit/L Orr/ ss. /� t '- 4 I.ILCCL�JF' llfiir County of Pitkin ) ,a _ The foregoing Restrictive Covenant was acknowledged before me this day of 2017 by WELLS FARGO All-purpose Acknowledgment California only A notary pubic or other office! completing tins(ertincate verifies only the *dent ty of 1 the individual who signed the document to which this certificate n attached,and not I ' the truthfulness,accuracy,or validity of that document. Sm:e of Cabrornra / [„. Countyof /� k t- ft— ��jy� �ff(/'� /,(_ CY.� '1'u'i7 heron,nec4 /�jR/"�• ere insert name and!tle of me riff Ler„ personally appeared _ 1Jr_ Par t ��"'r r^--- wnn proved to me on the bash of satsfactory evidence to be the personis)whose namels)is/are subscribed to the within msnument and acknowledged to me that he'sheetrei exe-.:ted the store te h st.�a her,'therr ant homed capa ntyp c.l,and that by his/her'thea sig natm e(s) bx..yr pprWitt u on the instrument the p'¢onrsf.or Har entity upon behalf of which theawisloauirtv person(si aLtea,txecuted the instrument IsonottilkaiitinTatooni I certify under PENALTY OF PERIURY under the laws of the State of _ California that the foregoing paragraph is true and correct. Notary Seat WITNESS my hand and orficai seat All Signature arle_ Description of Attached Documenntt[/�,,,,p�, /�,,,,� "' Type of Title of Documentq ,,r.yeee �i� ' rritinSI2`_ 9617,1115) `_I//'/�`�'',r -- Document Date ro3 ./sA� - - Number of Pages _ 9 Signers)Other Than Nan red Above _ a"t-_—" Scanner Enabled Storrnhould 5canthit In t 11111 ill I Ill xanner 4Emauw Pon DermuGwnvm ommaau.nr 01141 FUN I-0011 DSGS350F A-I)I Witness my hand and official seal My commission expires on: )'�-c /r- fre /45 Notary Public ATTEST: ACCEPTED BY: P11kio County Board of County Commissioners ,/� q / ,I,l ,/1 '`t& ��S--o c1/ _ 1 `�' ^3 • • '.iV', r-11- 11) 1 tieJones �� Due T•(!5e •y IN Date • •pury Clerk;', Chairman, BOCC APPROVED AS TO FORM: APPROVE!)AS TO C(1NTENT: C- - = of itie Joh�M�. .l✓ ale Ci HHo b n, Director' Date 5(2 ill i_:Crninty Attorney Community Development '' •S S3 It :iij Ei ;l jl 1 d+. i+ t l i i liai tilt _—Fi "'*i�� , '.i hu i1'" . anti ' i j ' i! f1 fllIll1I]1IIi1' rftbLIhd1 Pi t i,`;tlli ii f j99, SlitD.Ip i - INili ' IN r _0 i, ;i 1, r1t 4! it S i tit #_[[[i. yrs ' e. {e I a ci tt. fl! 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