HomeMy WebLinkAboutbocc.con.252.2017 - BOCC CONTRACT# 112°11 IIIIIIIIIIIIIIIIillllllllllllllllllllllllllllllllllllllllllllllllllllllllll
RECEPTION*: 640145, R: $0.00, D $0.00
DOC CODE. ORDINANCE
Pg 1 of 8. 07/25/2017 at 02:02'40 PM
Janice K.Vos Caudill, Pitkin County, CO
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING ACCEPTANCE OF A
RESTRICTIVE COVENANT FOR THE USE AND AGREEMENT FOR AN
AGRICULTURAL BUILDING (ROARING FORK MEADOWS LLC)
ORDINANCE NO. des' -2017
I Pursuant to 30-35-301 C R.S., the Board of County Commissioners("BOCC) of Home Rule
Counties is authorized to make and publish ordinances for carrying into effect or discharging
the powers and duties conferred upon such counties by law and as seems necessary
2. Pursuant to Section 2.8 I of the Home Rule Charter("HRC'), the BOCC is authorized to
take official action by Ordinance for certain matters where action is prescribed pursuant to
the Colorado Revised Statues as amended.
3. Roaring Fork Meadows, LLC ("Applicant') is the owner of real property located in Pitkin
County,Colorado, which is located at 165 Hoaglund Ranch Road, and is described as Common
Parcel I of the Roaring Fork Meadows Subdivision/PUD.
4. I lie BOCC approved construction of a three-bedroom. deed-restricted dwelling unit on Common
Parcel I for employee housing mitigation, pursuant to Resolution No. 077-2011 The Site Plan was
recorded in Plat Book 105 at Page 12 'Fhe unit has been completed and is occupied by the ranch
manages
5. 'I he Comm unity Development Director approved an amendment to the Activity Envelope and
granted Site Plan approval to construct an agricultural ha ldmg containing approximately 1,573
square feet on Common Parcel I fur storage of agricultural equipment, pursuant to Administrative
Decision No.83-2016, The Applicant is eligible to develop up to 6,150 square feet of
agricultural/accessory floor area on Common Parcel 1,pursuant to the Subdivision/PUD approvals,
the 1,573 square feet counts towards that total. The Amended Site Plan was recorded in Nat Book
117 at Page 9. The approval requires recordation of a Restrictive Covenant as a condition of the
building permit
6 Land Use Code Sec. 5-2(I-700)(8) requires recordation of an occupancy covenant and
agreement against a property that takes advantage of a floor area exemption for an
agricultural building
7. The Applicant has executed a Covenant Agreement, which restricts the use of the agricultural
building
K f IRC Section 2 8 1.1 requires the Board to take official action by ordinance for the
acquisition of any real property asset. and the County Attorney believes that the future
enforceability of these types of covenants is best served by acceptance through ordinance. A
covenant burdening real property is by definition a property interest held by the County.
9. The BOCC reviewed the proposed Restrictive Covenant on first reading at a regular meeting on
May 24. 2017. The HOCC adopted the Ordinance accepting the Covenant Agreement un
second reading at a public heanng on June 14, 2017.
10. The BOCC finds that adoption of this ordinance is in the best interest of the citizens of Pitkin
County.
NOW,THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby accepts the Restrictive Covenant for the Use and Agreement for
an Agricultural Building from Roaring Fork Meadows LLC (Exhibit A),and authorizes the Chair
or the Chair's designee to sign the Ordinance and upon the satisfaction of the County Attorney as
to form, execute any other associated documents necessary to complete this matter.
IN IRDDUCI 1) AND FIRST 1(LAD (Al HF. '_4'h DAY OF MAY, 201'1.
NOTICE OF PUBLIC IDEARING AND In LE AND SI IORI SUMMAFFY OF THE
ORDINANCE P11BI ISHLD IN TAIL ASPEN TIMES WEEKLY ON UG)tt -' 2017.
NOTICE.OF PUBLIC HEARING AND TUE RILL TEXT OF IIIE ORDINANCE POSTED
ON THE OF ICIAL PIPKIN COUNTY WEBSITE ( ww-lx.oitkincounty.com ) ON THE Lam-+(
DAY OE 040/1-12. 2017_
ADOPT ED AFTER A PI IBLK' I TEARING AND SECOND READING ON THE 14th DAY OF
11'N E, 2017.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOP 17ON, IN THE ASPEN
TIMES WEEKLY ON TI IE°�2"`( DAY OF zzi-c. 2017.
POSTED ON WE OFFICIAL I'FTKIN COUNTY WEBSITE ( www pitkimwuuty corn 1 ON
TIiEk4 DAY OF (//1..e_,_ 2017.
MIES] : BOARD OI' COUNTY COMMISSIONERS
Th
tsLi
.�ieane9 onci tj ,eurge N Nyman, air /
\f
Deputy, Clerk I ^ _
Date: 17-91.±111i--; ._
APPROVED AS TO FORM- APPROVED AS TO CONTENT: `'
John Ely Cunty ..Attorne) Cin., Houhcn. Community 1 eveloprrcnt Director
PU2S-15.PID246121211 SO1
CONTRACT#_
RESTRICTIVE COVENANT
FOR THE USE OF AND AGREEMENT FOR
AN AGRICULTURAL BUILDING
THIS RESTRICTIVE COVENANT ("Restrictive Covenant") is made and entered this
th day of April 2017, by Roaring Fork Meadows LLC ("Grantor' or "Owner"), concerning
the property known as 165 l loaglund Ranch Road, Parcel 1D# 246721203801, located in Pitkin
County. for the benefit of the Pitkin County Board of County Commissioners ("County").
WITNESSETH
WHEREAS,Grantor owns the real property described as Common Parcel 1, Roaring
Fork Meadows Subdivision ("Property"),which Property will contain a new Agricultural
Bwldmg as allowed pursuant to Sec_ 5-20-70 of the Pitkin County Land Use Code. Said
Agricultural Building will contain approximately 1,573 square feet of exempt floor area as
approved in Budding Permit No.0028.2017 pbld. For the purposes of this Restrictive Covenant,
the approved Agricultural Building and all appurtenances and fixtures associated therewith shall
hereinafter he referred to as the "Agricultural Building"; and
WHEREAS, this Restrictive Covenant imposes certain covenants upon the Property,
which restrict the Use of the Agricultural Building, 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:
I. Restrictive Covenant pertaining to Use of the Agricultural Building. The Use
of the Agricultural Building shall henceforth be limited to care for, shelter or enclose livestock,
horses, poultry, feed, or field equipment, or otherwise used for in support of an on-site
agricultural operation. An indoor riding arena shall not be considered a barn.
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 Agricultural Building 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 Grantor or Grantor's
representative, solely for the purpose of monitoring, inspection, and if necessary,remediation of
the Agricultural Building 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. 1 he 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 tees.
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 Warranties. Grantor warrants that it has all necessary power and authority to
grant the Covenant and that this instrument has been duly authorized, approved,and executed
Grantee warrants that this instrument has been duly authorized. approved, and executed by
Grantee
14 Notices. Any notice which is required to be given under this covenant shall be in
writing and shall be hand-delivered or sent by registered or certified regular mail,postage pre-
paid and via e-mail (electronic delivery) to the mailing and e-mail addresses set forth below.
Each pany by notice sent under this paragraph may change the address to which future notices
should be sent. Electronic delivery of notices shall be considered delivered upon receipt of
confirmation of delivery on the part of the sender.
lo Grantor: Roaring Fork Meadows LI.0
55 Waugh Drive #1111
Houston, TX 77007
Attn. Ned S. Holmes
To County. Pitkin County Manager
123 Emma Road,Suite 106
Basalt, CO 81621
Jon Peacock@pitkincounty.com
With Copies To:
Pitkin County Attorney
123 Emma Road, Suite 204
Basalt,CO 81621
attorney a pitkincounty com
IN WITNESS WHEREOF, Grantor has executed this Restrictive Covenant as of the date and
year first written above.
Grantor
Roaring Fork Meadows LLC
By' Ned S. Holmes Investments, Inc.,Manager
Ned S. Ho nes
Chairman and CEO
State of I exas )
) as.
County of Harris )
The foregoing RestriLtive Covenant was acknowledged before me this jI day of April
2017 by NFd
Witness my hand and official seal
My commission cantres an ()ea 25: 'Oil
**7477",;:c . U EELENF INGOLO . .1 RC2- Public
� a'
my Notary lO W 554242 ntary Ybtic
ExpiresApr25,2018
A'I"FEST: ACCEPTED BY:
Pitkin County Board of County Commissioners
1 i1
I
I //ar/rr A rulA4.0.t
Jeadett, 'ones Date By. George ew an, t to
Deput 'Jerk BOCC. Chair
APPROVED AS TO FORM: '' l,/ APPROVED AS TO CONTENT:
7— Day1
te Cin Houben, Date
nk� ,Attorney Community Development Director
RECEPTION* 614240,
f 0/07/2n14 a 2 F 1, R 911 00
OF $0 00 lmic¢ K- Voe Cando.11t
Pa than County, CO
J
STATEMENT OF AUTHORITY
(38E0-172,C.R.S.)
1. thle°Pennant RAPNo41y relalea to an antis oemed4ROy81119ofk Meadows LLC a Cglorado
wm b artee an e.h.Irann.entity Puxnam to hep�1visio,,sd of
liability a means
o.nlort nB.a1n c R e
2 ma type orunmy ha Inked 0a1.111ly c0tnoanV
3p mating.ddrass for the entity Is
P65 Waugh Drive suite lltl
Houston TX 77v07 37 -
7hewaits bPIMP Lipton-Pe iewaof QoIoraao _
4. he name of person(t) 4
a person(t)euanw to aenrage patronage conveys°,en.aanb.duotherwise
i
Irving title m real properly on betel°of the entity 1s
Ned S.Hd
Kathiran E.Tommie
a Vic,.President aid SacrabN
nC tS,cretary of Ned%lig 11n96 Nyestmsnte.Inc a anaes
- _
Thu authority of the blegmng Person(.)to bind rile entry It❑Not Smiled OR ID LIMMbd esobws
7 Othat mutters contemn°tin munnar In which the entity deals with Interest N reel property
Oeled 40 _ day or Octgpgr 2019
Ned S Holmes,Chairmanrma& -had 5. /halos.. SnVe adv. ...., rlauagaa
sub,o Taxa.,
covalyof Harris - -
efaersoep lmW .N
ment was ecknowledued bm Mathis ay cof Octnher
2014_
Nod S Hobe-S— ___ -- . .a the
chairman S CEO
Na.' 6 Hnlmae lnvnsvnarta In", ac manager of Retrying Fork Meadowa LLC
winosn my hand an omwl..'
( f Ms Y
Co .MION EXPIRE85 f�N
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III MI1iuu1111101111111111i11111 Iim111111iiiiiiiiiiiiiiiiui
RECEPTIONS/ 640144, R $0.00, D: $0.00
DOC CODE: RESTRICTION
Pg 1 of 5, 07/25/2017 at 02:02:39 PM
Janice K. Vos Caudill, Pitkin County, CO
RESTRICTIVE COVENANT
FOR THE USE OF AND AGREEMENT FOR
AN AGRICULTURAL BUILDING
THIS RESTRICTIVE COVENANT ("Restrictive Covenant") is made and entered this
th day of April 2017, by Roaring Fork Meadows LLC ("Grantor" or "Owner"), concerning
the property known as 165 Hoagland Ranch Road, Parcel ID# 246721203801, located in Pitkin
County, for the benefit of the Pitkin County Board of County Commissioners("County").
WITNESSETH
WHEREAS, Grantor owns the real property described as Common Parcel I. Roaring
Fork Meadows Subdivision ("Property"),which Property will contain a new Agricultural
Building as allowed pursuant to Sec. 5-20-70 of the Pitkin County Land Use Code. Said
Agricultural Building will contain approximately 1,573 square feet of exempt floor area as
approved in Building Permit No.0028.2017.phld. For the purposes of this Restrictive Covenant,
the approved Agricultural Building and all appurtenances and fixtures associated therewith shall
hereinafter be referred to as the "Agricultural Building", and
WHEREAS,this Restrictive Covenant imposes certain covenants upon the Property,
which restrict the Use of the Agricultural Building,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 arc 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 Agricultural Building. The Use
of the Agricultural Building shall henceforth be limited to care for, shelter or enclose livestock.
horses, poultry, feed, or field equipment, or otherwise used for in support of an on-site
agricultural operation An indoor riding arena shall not be considered a barn.
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 Proper[)..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 he an approval by Grantee under the Land Use
Code for any purpose.
4. Enforcement and inspection. Ibis 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 Agricultural Building to its condition prior to any violation. Moreover,the County and its
successors,assigns and agents shall he permitted access to.and to enter upon,the Property at
reasonable times upon at least 48 hours advance notice to the Grantor or Grantor's
representative. solely for the purpose of monitoring, inspection, and if necessary, remediation of
the Agricultural Building 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 Coumy's acceptance of this Restrictive Covenant shall in no way he 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 band Ilse 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.
8. Modification. Die terms of this Restrictive Covenant can only be modified by an
amended covenant executed by noth Grantor and County and recorded in the records of the Clerk
and Recorder foi Pitkin County, Colorado.
9. Venue and jurisdiction. Grantor and the County consent to venue and
jurisdiction in the District Court fur Pitkin County. Colorado for all matters concerning the
Interpretation and enforcement of this Restrictive Covenant.
10. Attorneys fees and costs. In the event or 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
ludgrnent ur out of court settlement,shall recover from the other party all costs and expenses of
such action or suit including reasonable attorneys lees.
1 I. Section headings. Paragraph or section headings within this Restrictive
Covenant are inserted solely for convenience of reference, and arc 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 Covenantor any agreement or document relating hereto
or entered into in connection herewith.
13 Warranties. Grantor warrants that it has all necessary power and authority to
grant the Cuvenant and that this instrument has been duly authorized, approved, and executed.
Grantee warrants that this instrument has been duly authorized, approved,and executed by
Grantee.
14. Notices. Any notice which is required to he given under this covenant shall be in
writing and shall he hand-delivered or sent by registered or certified regular mail, postage pre-
paid and via e-mail (electronic delivery)to the mailing and e-mail addresses set forth below.
Each party by notice sent under this paragraph may change the address to which future notices
should be sent. Electronic delivery of notices shall be considered delivered upon receipt of
confirmation of delieery on the part of the sender.
To Grantor: Roaring Fork Meadows LLC
55 Waugh Drive 41111
Houston, TX 77007
Attn. Ned S. Holmes
To County: Pitkin County Manager
123 Emma Road, Suite 106
Basalt, CO 81621
Jon.Peacock iopitkincounty.com
With Copies To
Pitkin County Attorney
123 Emma Road, Suite 204
Basalt, CO 81621
attorney ilpitkincounty.ann
IN WITNESS WHEREOF, Grantor has executed this Restrictive Covenant as of the date and
year first written above
Grantor:
Roaring Fork Meadows TLC
By: Ned S. Holmes investments, Inc.. Manager
/ /
et'
Ned S. I to Ines - - - - - _ - - - - -
Chairman and CEO
Slate of Texas
) ss
County of Harris I C,
the foregoing Restrictive C'osenant was acknowledged benne me this PI day of April
301'by LFev2 Z Xecwv-£r.— -
W mess my hand and omc•a1 seal
My commission expires on:_( L _7SQL,t_
•
B.EDEN RING=
My Notaryip M5S242 Diary Public
L-50" Expires April25,2018
ATTEST: ACCEPTED BY:
Pitkin County Board of County Commissioners
A
+lod,y �
Jeaneuf ones r Date / r Hy: George ewi an, Ile
Deputy:Clerk / BOCC,(hair ,J
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
1s>ttrrN,.-EIC Oto Cin Hvuben. Date
_ oGniy Attorney Community Development Durctor
RECEPTIONM' 614240. 10/0i/2014 at 2.40 27 PM, 1 Or 1, R $11 00
OF $0.00 J !, (;n ec time chum ll , [Y Mein a nuney, Co
U
STATEMENT OF AUTHORITY
00-30 172,C.R.6)
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in
ttood Uabll ty company
And b owevled on unli.11 at Iha entity pursuantlo the poutbona of
Section 38-40.172 CORS
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John C Kinsella Asslatarl'Savntary of Ned S HOImgs Investment, Inc es
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