HomeMy WebLinkAboutbocc.ord.018.2017 PD9OlpC1plollfCO8D.0E7O251D0NAatCE
02:40 PM11II11U111111111111111U111�11u1I11�IIDII111
CONTRACT 1hU
Janice K. Vos Caudill, Pitkin County, CO
ORDINANCE OF THE BOARD OF COIJN7 Y 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. (7/T -2017
t. 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 lass and as seems necessary
2. Pursuant to Section 2,8 1 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 bark Meadows, LLC ("Applicant", Ls the owner of real property located in Pitkin
County, Colorado, which is located at 165 Hoaglund Ranch Road, and is deseriaed as Common
Parcel i of the Roaring Fork btcadows Subdivision/PUD.
7. {he ROC C approved construction of a three-bedroom.deed-resit-toted dwelling unit on Common
Parcel I for employee housing mitigation, pursuant to Resolution No.077-2011 The Site Plan was
recorded in Plat Rook 135 at Page 17. The mut has been completed and is necnpied by the ranch
manager
5. The Contin unite Development Director approved an amendment to the Activity Envelope and
granted Site Pian approval to constrict an agncuitural hu:Idtng containing approximately. L573
square reel on Common Parcel I for storage of agricultural equipment pursuant to Administrative
Decision No.83-2016. 'I he Applatatit is eligible to develop up to 6,150 square feet of
agricultural/accessory floor area ou Common Parcel I,pursuant to the Suhdik ision/PUU appros als;
the 1,573 square feet counts towards that total the Amended Site Plan was recorded in Plat Rook
1 i 7 at Page o 1'1w approval requires recordation of a Restnctike Covenant as a condition of the
building permit
6. Land Use Code See, 5 20-700)(8) requires recordation of an occupancy covenant and
agreement against a property that takes adsaniage of a Poor area exemption for an
agricultural building,
7. The Applicant has executed a Covenant Agreement, which restricts the use of the agricultural
building.
8 (WC Section 2.8 1.1 requires the Hoard 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 ROCU reviewed the proposed Restrictive Covenant on first reading at a regular meeting on
May 24. 2017. 1 he 130CC adopted the Ordinance accepting the Covenant Agreement on
second reading at a public hearing on lune 14, 2017.
10. The I3OCC 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 TLC(Exhibit A),and authorizes the Chair
or the Chair's designee to sign the Ordinance arid upon the satisfaction of the County Attorney as
to form, execute any other associated documents necessary to complete this matter.
INTRODUCED AND FIRST READ ON THE 24t DAY OF MAY. 2017
NOTICE OE PUBLIC HEARING AND TITLE AND SHORT SI IMMAI*Y OF THE
ORDINANCE PUBLISHED IN TILE ASPEN TIMES WEEKLY ON d olt-c J , 2017.
NOTICE OF PUBLIC I TEARING AND TILE Flii.[. TEXT OF'THE ORDINANCE POSTED
ON THE OF ICIAL PI I KIN COUN l Y WEBSITE ( www.pitkincountt corn ) ON THE /✓.-�
DAY OF OM, 2017.
ADOPTED AFTER A PUBLIC HEARING AND SECOND READING ON THE 14`" DAY OF
JUNE, 2017.
PUBLISHED BY TITLE AND SHOR I' SUMM Y, AFTER ADOP HON, [N THE ASPEN
TIMES WEEKLY ON THE 9/1^4DAY OF dtip2017.
POSTED ON THE OP('IC1AL PJTKIN COUNTY WEBSITE ( www pitkincounty corn )ON
FHEbbt DAY OF /�(//(„O, 2017.
ATTEST: BOARD OF COLLNTY COMMISSIONERS
/ I
By / Il, By:' / By: sL `.
Jeanett ones I eorge N-wman, air
Deputy/Dunt) Clerk I
Date: 4/o1.C{(i—t
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Lly.-CountC4ttnrnes Cin flonhrn. Commumt)I evelopment Director
P025-15; PID 246721203801
CONTRACT# 513_"P6/1
RESTRICTIVE COVENANT
FOR THE USE OF AND AGREEMENT FOR
AN AGRICULTURAL BUILDING
Tills RESTRICTIVE COVENANT ("Restrictive Covenant") is made and entered this
14{ th day o�fl Apra1 017, by Roaring Fork Meadows LLC ("Grantor" or "Owner), concerning
the property known as 165 I 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 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.pbld. 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 Restnctive 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 am hereby acknowledged, Grantor does hereby gram 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 thcieon for the benctit of the County, its successors and assigns and shall he 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 net
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 he 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 ifnecessary,remediation of
the Agricultural Building in order to enforce and assure compliance with the teens 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. I 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 far 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 ot'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.
JO. 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 .ncluding 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, limnt or aid in the construction of any terms or pros isions 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 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 delivery on the part of the sender,
To Grantor. Roaring Fork Meadows LLC
55 Waugh Drive 41111
Houston, TX 77007
Attn: Ned S Holmes
I o County: Pitkin County Manager
123 Emma Road, Suite 106
Basalt, CO 81621
Jon Peacock(Npitkincounty.com
With Copies 10.
Pitkin County Attorney
123 Emma Road, Suite 204
Basalt,CO 81621
attomeygpitkincnunty corn
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. Homes
Chairman and CEO
State of texas 1
) ss.
County of Harris )
The foregoing Restrictive Covenant was acknowledged before me this /d day of April
_Cl? by ,Wrj . ,ton, _ —_ •
Witness my hand and official seal
My commission expires on. cry& y/
ELLENFR*40LO I G.. - V ta' s
My Notary leg 554242 'otary Public ,
Expires AUN tri,2018
AT'T'EST: ACCEPTED BY:
Pitkin County Board of County Commissioners
i
. 7/9, . 'ASAu+ ^ tjh
Jeanett / ones ! Date By. George .ew an,
Deput, ,Clerk BOCC,('hair
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
.,,111 117f D to Cin Houben, Date
unty Attorney Community Development Director
01X el a 240, 10/09/2014 at 12 40 27 , Ft 913.00
1W $0 00 Samoa X. Von Cnudv 11, Pitkin County CO 1
V`
STATEMENT OF AUTf1OFUTY -
(0B-30.172,
I. loin otetemenl W nuVorlNrelatee to en meaty namedm54a(I O9 EbalkhMeadowsv LC,a Colorado
executed ! PIPAM le on behalf of lee entity Punmlee w
ul to prvlaaa at 11� to
3 cion 2&90.1'2 C.R a,
The type or un0).le a Malted l lalIlltV OmIUNn V _
3 The meling adde=Pattie entity Is
65 Waugh Dave Sults 1111
_JIFF atoll TX 77007-508T
4. Tli.fa*d formed midwife.Iona of Ceterade _
6 mnte;e instruments oonveylry,enwrnnriny,armNrw6.
Oletlup lige to real yopeny on beteg Ne entity la
Ned 5 Holmes Chairman and CFO
Kathleen E Temm C,Vies president and Secretary
John C.Kinsella AssIStnnt Secretary of Ned S.HFImIln Investoren s lac as
manager
0. t ant authority of the toregorng peIson(.)to bind the ently Is EINot Angled OR 0 Limited fat fellows.
Oce nvtlera coneomrng the mamerin which ane entity deals with Mitred In feel property
oetnd this day uul OOSCtt�t000Deerrr 2014
O
Ned S Holmes.Chairman&CEO
Ned s. liegmFaa Investments,. litanaper
Siete o Tofaa
Cavnty=r Ile•rla
me foregone Instme
nwnt was oimowledoed before metls_R day or October
Z4_ by
Ned S_Ns112_ .stn.
Chairman&CEO of
Ned v_N•Jmcs_1r1wr4me�_If,am M omni r nest-ten Pork Meudnwe
Mantas wlnt ny nand an t/ cI. �/
a Luurru'mo �� LGe n a Y/Sam• ft/fr
1 Ceel O EXPIRES IJ Public 9
Y X M®ts My mmmuyon evptms'
CONTRACT# . S$29/7 RECIIPTIIIIIIIIIIIIII0144IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
DOC CODE' RESTRICTION
Pg t 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 of2�7. by Roaring Fork Meadows LLC ("Grantor" or "Owner"), concerning
the property kn wn as 165 Hoaglund 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 1"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 Na. 00282017.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.
I. Restrictive Covenant pertaining to Use of the Agricultural Building. The Use
of the Agricultural Building shall henceforth he 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 rctains 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 viabilities 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 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 Properly.
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. are 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.
I C. 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 lees.
II. 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.
U. 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 anent 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 he 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 deliver)) 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 delivery on the part of the sender.
To Grantor: Roaring Fork Meadows LLC
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
attorneyft pitkincounty.corn
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 rues
Chairman and CEO
State of Texas )
) ss.
County of Harris p
744
the foregoing Restrictive Covenant was acknowledged before me this /0 day of April
2017 by ii/n. / Hee niff.
Witness my hand and official seal /
My commission expires on: (fru/ 2.f 2eild p
,2?"i�t:� D.ELLEN FUNGOID Cla
My Notary ID 41554242 Diary P`iublic
k: y .'.' ExdresApi825,2018
ATTEST: ACCEPTED BY:
Pitkin County Board of County Commissioners
Ai al - /f P ///// Nom-. /�4�y
leaned ones Date By: George ewIfian• [late
Deputy Y'lerk BOCC,Chair
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
-_
7i3 /7 _ µ 61,1Th ( r+ Ifi2tiiq
J9hrrT D to Cin rHouben. Date
my Attorney Community Development Director
RLC£PTToN4 614240, 10/07/2014 at 12:40 27 PM, F 1, R $11 00
iJet 90.00 Jan1Ce x vow r-a.iM 11, eltkin cnnntr. Hc.
U
STATEMENT OFANTHORJTY
(90-a0 172,C.R.b.)
1. TOM Gatemen of Authority relate to en vn111y named R4io1. nO Fd AM aadoLLCM a Colorado
limitAndb. toi.d on col-INCH' eerily wln.rLIo the xvalons of company
Section 30.-50-^72 c HS
2 Ta type or onmy is a limited tallifijy Co _
J me rtgYlno undress bf the entity Is,
JfilintgHDrlva^SUlta1111
Houston IX 77007-5007
4 The malty le formed under the lewd oi_ CoIoradO -
sThe e or the percan00 ewnurhnSw
ed to execute n.ments conveying,nnmeedn0,or otherwise
p Ing In mei yvpany on banal/of the entity I.
Ned S.HmCHyirman antl CEO
KethismnE.Tamm#.V Ice Prseldtnt and Secretary
Jane C Kinsella Assistant Secretary of Ned S Hones lnveatmenta.Innccr n
0 The eulu,tyor the lmavol°parm„(s)te dna the antis le C]Hot trilled OR CI Limited ea follows
7 Other metiers concernnp the manner In whloh the onlily duels with Interest N rvd i mPoOy
Dated info Jay or October , 2014
> "1"i
Ned S Holmes.Chairman a CEO " - -
Ned S. 11019.9 Taveaksmt . Et... Runegac
Slate or TeAp2 _
ceunly or dards
2geeoreoolMleStrym
mlws aomn
Hamm bomme lr. -1 avy of October
014 by
Ned 5 Holmes ——_I.the
°carman&CEO __ of
_Hess Helmop Illvoetn'antc Int., an Manaper..r Soon F aaJ 'wa 11 C
Minna my nand anti omdal nal.
IcsION EXNnE9 NotarynPubli A/
� y.d wdle �( y. r..vonemrree