HomeMy WebLinkAboutbocc.con.257.2017 - BOCC RECEPTION#.640160, Ft $0.00, D:$0.00
DOC CODE: RESTRICTION
Pg 1 of 6,07/26/2017 at 02:46:57 PM
RE59B[C 111 WE COVENANT Janice K.Vos Caudill, Pitkin County,CO
THIS RESTRICTIVE COVENANT ("Restrictive Covenant") is made and entered this
day of J pi({,. 2017, by Lost Lakes Ranch LLC, Andrew Ememunn, its Manager
Miran:or") for the bf}nefit of the Pitkin County Board of County Commissioners
WITNESSETH
WHEREAS, Pitkin County. Colorado, a political subdivision of the State of Colorado
("Grantee"), has established a transferable development nght ( 'I DR") system. Title 8 2006
Pitkin County Land Use Code, as may be amended from time to time(the"Land Use Code"):
WHEREAS, Grantor is the fee simple owner of that certain teal property in Pitkin
County, Colorado that is more particularly described on Ls!obit A attached hereto mid made a
part hcregf by this reference (the"Property"),
WHEREAS. the Board of County Commissioners of Pitkin County, Colorado (the
"BOCC") approved the rezoning of the Property to Conservation Development PUD ("CD.
PUD"), pursuant to Ordinance No 018-2013 recorded at Reception No 602611 and approved a
CD-PUD Plan under "Development Option 1 - Residential Development," Special Review,
GMQS Exemption and Activity Envelopes for the Property, pursuant to Resolution No. 039-
201.3 recorded at Reception No 602612 In connection with rezoning the Property to CD-PI/D,
the Nichols Family Trust CD-PI rD and Activity Envelope Plan (the "Plat Map") was recorded in
Nat Book 105 at Pages 3-5 at Reception No, 605396, and the Vested Property Rights
Agreement, CD-PUD Plan Development Agreement, and Restrictive Covenants for the Nichols
Family Trust Conservation Development PUD (the "Vested Rights Agreement") was recorded as
Reception No 605395,
WHEREAS, the BOCC approved a Conservation Easement encumbering the Progeny
pursuant to Ordinance No. 0)14-21)i3, which Ordinance and C'onser,anon Easement were
recorded on November 7, 2013 in the real property records of the Pitkin County Clerk and
Recorder's Of tee at Reception No 6C5303. and the Deed of Conservation Easement was
recorded at Reception No h05394,
WHEREAS, pursuant to vanous BOC(' approvals recited above and as set firth in the
Vested R:ghts Agreement and the Prat Map. the BOCC approved a CD-PUD Man under
Development Option I - Residential Development to accommodate two (1) single family
residences (each of no more than 4,000 square feet of' foot area). two (2) caretaker dwelling
units (each of no more than 1,0(10 square feet of floor arca), and no more than 2,500 square feet
for hams and aceeso:v structures,
WHEREAS. Sec 3-70-40lh)t4$d) of the !and :.'se Cade. CD-PUD Development
Option I -- Residential Development, allows fon issuance of one (I ) Transferable Development
Right ("TDR") per each two thousand Loc hund:cd i2 i:%J) square trot :educucn in the hits)
floor area of the pnncipal single family dw cling units in the CD-Pl.D.
WHEREAS. contemporaneously with the cxttuho:r of this Restrictive Covenant.
Grantee is executing and delivering to Grantor three (3) irrevocable TDR ceili icate(s) bearing
Certificate Nuts). 1�'-P1-1-t^`-'W, tt,-Cl t-I-S.i.'j jR ts3 -I t SVii
WHEREAS. the Grantor has represented that there currently exists a cabin structure
consisting of 347 sq ft of single family residence and 972 sq ft of accessory stricture in Activity
Envelope 2 tRceephon #605396)on the Property;
WHEREAS, in exchange for the issuance of said ceriiticatets) by Grantee and consistent
with the intent and stated purposes of the TDR system, Grantor is prepared to restrict and
covenant the Property against any future development. as that term is currently defined in the
Land Use Code, in perpetuity, with the exception of the remaining vested rights set forth in the
Vested Rights Agreement not affected by this Resit-reuse Coy mart, and
WHEREAS. the Parties hereto acknowledge and agree that this Co' s enant does not
modify, amend, or otherwise change ,mv prior approvals, conditions. and of restrictions of any
kind or nature as such relate to the Property, except as expressly set forth herein, and any such
prior approvals, conditions, and or restrictions remain binding and valid
NOW, THEREFORE, for and in consideration of the issuance to Grantor of Certificate
No(s). lu or ii (f2-c'L-t y'rva 'la oil ,-shind in consideration of the covenants. terms.
conditions, and restrictions hereinafter set forth and far other good and v aivahle consideration,
the receipt and sufficiency are hereby acknowledged. Grantor does hereby grant and convey to
Grantee, forever and in perpetuity, an interest in the Property, for and m consideration of the
recitals arid mutual covenants, terms, conditions and restrictions contained herein
L Restrictive Covenant pertaining to the Property. Commencing on the date of
tits Restrictive Covenant, Grantor hereby restncts the Property in perpetuity against any and all
future development, as that term is defined in the Land Use Code, with the exception of the
remaining vested rights set forth in the Vested Rights A} -eement not a'.Thcted by this Restrietne
Covenant, Such restrictions shall include, but arc not limited to. the future development of any
single family or other residential. commercial or indus'nai structures, as well as the figure
development of any recreational uses, as well as any change in the curl ent existing use of the
unimproved Proper that is not consistent sv ith the prior applesair. for 'he Property and CD-
PiID, the Deed of Conservation Easement, and the Vested Rights Agreement, as those
documents and approvals are modified by this Covenant Spec lordly Granter ::knowledges
that, pursuant to Sec 3-70-40(h)(4)(di of the Land Use Code, this Restrictive Covenants severs
from the Property and otherwise extmgui_he;seven thousand five hundred :'.W+rw square feet of
total floor area of the principal single-family dwelling units of the eight thousand (3,000) square
feet previously approved as exempt from CMOS_
�. Covenant running with the land: binding effect. -I he pros:s:oes n: this
Restrictive Covenant shall constitute a covenant that runs with the title to the Properly for the
benefit of the Grantee. its successors and assiti'ris and shall be deemed an appurtenance to the title
to such land Grantor and its successors, heirs, assigns and transferees acknowledge that the
[DR certificates issued in consideratten for this Restautn e Covenant are severed from the
Property and that any sale, lease or other transfer of title to the Properly shall hat constitute a
transfer of the TDR certificates and any nghts therein
3. Permitted uses and activities, As owners of the Property, the Gtantor retains the
nght 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 Restrict'sc Covenant. 'these ownership rights
include, but are not limited to, the right to exc`,ude any member of the public trespassing on the
Property and the right to sell, lease, or otherwise transfer the Properly to anyone Grantor
chooses. Nothing herein shall he construed to be an approval by Grantee under the Land Use
Code for any purpose.
4. Enforcement and monitoring. 'Ibis Restrictive Covenant and its terms and
representations shall be fully enforceable by Grantee. its successors. assigns and agents :n any
action at law or equity or both, to secure compliance. including but not limited to, seeking
injunctive relief and/or specific performance requiting 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. Violation of any of the terns or
representations of this Restrictive Covenant may also result in the administranvt, cancellation of
the TDR certificate(s) by the Grantee Moreover. t;iantee and its successors, assigns and agents
shall be permitted access to, and to enter upon, the Property at reasonable times solely for the
purpose of monitoring, inspection, and if necessary, remediation in order to enforce and assure
compliance w rth the terms and conditions of this Restrictive Cu'enant
3. Costs and liabilities. Grantor retains ail responsibilities and shall born all costs
and liabilities of any kind related to ownership. operation, upkeep. taxes and maintenance of the
Property. including but not hunted to, cuss; associated ',.im compliance with this restrictive
cos enant. Grantee's acceptance of this resited ye covenant shall m no way be construed as an
assumption of an duties or liabilities associated is ith the Piupen} and Grantor acknowleuges
that by this restnctivc covenant, Grantor continues to retain responsibility fur any and all duties
and liabilities associates with the Property.
6 Subordination. At the time of the eonsetance of this restnctivc 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 ihreclosure 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. Prohibition against future TDR. l[mess otherwise pt ovided by the 1 and Use
Code and agreed upon by Grantee. Grantor shall not he enttled to any lima ,addtticnal TDR
arising from ownership of the Property IbI lowing the execution of this Restrictive Co'enant
9. Modification. The tern is of this Restrictive Covenant can only be modified by an
amended Covenant executed by both Grantor and Grantee and recorded in the records of the
Cierk and Recorder for Pirk:n County, Coior,ida
10. Governing Lass. Venue. and jurisdiction. This Restncine Covenant and the
rights and obligations of the parties hereunder shall be governed and construed In accordance
smith the lases of the State of Colorado. Grantor and Grantee consent to Benue and jurisdiction in
the District Court for Pitkin County, Colorado for all matters concerning the interpretation and
enforcement of this Restrictive{'os errant
11 Attorney fees and costs. In the esen of any .ict:on or sun between the parties
hereto or their successors and assigns to enforce any of the agreements, covenants or restrictions
contained herein. the prevailing party in ac} such action or sun, nhethe,by finai judgment or ow
of court settlement, shall reco' ci from the other party all costs and expenses of such action or
Butt including reasonable attorney fees
IN WITNESS WHEREOF, (:cantor has eseri:ted this Rcs'ret:sc Coseran: as of the
date and year first written ahusc
Grantor
Lost Lakes Ranch LU'
By. Andrew Lrnemunn, Manage]
State off'ulorado I
ss
County of Pitkin
1 he foregoing Reslrrtclive Cos enaripeas acknow lodged be tore me this ( day of
'‘sAITA 20)7 by ie ,r, N.
'Witness my hand and official seal
My commission expires oir
PETRINA DISALVO r Ca (Yr, )
STATE OF tiotary Pubily
COLORADO
NOTARY ID A20134021220
My C""e niniAs E*ts AO 2,2021
ACCEPTED BY
Pitkin County Board of County Commissioners
p
I
By: George NJ tan, Niairpersop
kW
Slate of('olorado I - `--
j ss
County of Pitkin )
The foregoing Restrietr\e Covenant ri as acknowledged hetme me Mu:VAf-dm of
SwLds 2{ i bs L'E[ . {irr.t..:sk.c..ti 5 t:-iii ( C`'.ti:a
Witness my hand and official seal
My commission expires on: A,,,,„„5, ,k *-ii, 9 o VI
mid sri Hf \ I / �i
. f .r I [ y,. y
of
.1 L! _ t;t l
_ N,1:� %votary Public /
x
ksbibit-Legal Deeeeriptiont
The Southeast Quarter of the Northwest Qa,ttc: .md tiro 1, rtFNaafi:the h83-1 ••.nl i t easter,f Serino. nn,tlr
Southeast Quarter of Non hwest Quarter,die'tenth EL,t of Rm Nsr''ota at,'u,ret,at.d the Su tannest
(master of the Northwest•(norter of 88e1-8.d 2.4 ltd.Sint ti iwen t;heatet,it the;,st:int:eta QuartOrof`:e'hon 2
all in':uwnshm 85 South, Range 83 0hst,J rhe 611 1'hi
More partcul.u'y deer:thea,v
Itegiaraay'atthe Etat 44 arrest :,isfad let Iia:,22,thence Ftiv'M1 fna W nista N'e kit:Io no tee,au u.g the
Center 1/4 section line of said Section 22,thence leonine said Center It e'LLion line N I,i"3156'L as'i stance qt
:4651Mee thereeSoti'cut1=,•da dis'ss of'st-i feet.thence N'3'1;-s4 sth5`a:et,<2148 sin fee:.9.e1:1:e
N69°51,3CE a distateu of 108.33 feet;thence N55"31'55"E disLutre of 13n 33 fret,thence N83°i6'36"E a
distance of 189.o8 feet,thence N57'.4 'e6"I:a d•sttmce of 24 re8 feet;thence al"ng a 2 rve the'eft hnsng,
length of 36.53t,radius of 20,00 feet, chord of No;,`24'1 "P a distance 013)6t1 ler,, rnencr N46255'04"We
distance of 15 91 feel,thence 588°5 too'W.t di scarcc of gu 51 feet.thence Nsy"t'i on"W a distance or 83 rt
fn-.t;:}:erica ti:S':c.o/"a a nistall,e of 153.f 3 feet,theme'4if too r3'W n di 3c.,nre rd 113 44 l ech Pmnte
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S5sSeer'1I a:listener•'1v\e86 feet:thence 81323 t'i6"W a 0:stnnce I222.2014at..r'9e'•' .ter 1 -fend::a=
of said Section 22,thence S89':?rico"W aiul.g said(t'nt et 86 cecttor,Iire a dicta,ice m ❑u'6.4;'feet to the(Niter
West i/lb corner of std Section 22•thence Non'24 n4"tV n -arctic c 0f run 38 feet the North t, :5 of said
atcYlan2:al:ei.ecNBp`i5'.iH-liadant tare of 3o;.f..F./%r•n :re :, lrmcei,i Setts.a:e[ami 23,thence
N8q"38'lo'E a distance of_nil:'bo feet to 'he('rt ter Noll n L in,their r \lfa".{H to'L,t drctalse of 9035,a2 feet
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distance of 231265 feet;thence 88y33N'oo"W a dist am of 6Ha 21 feet, Ihence Neo)00'ou W a&stance of
.423.14 feet,thence N71"oo'o0fW a distance of 13,8 feet; thence N87'2 i oo"W a distance of 246.8t.feet;
thence Nrteio'oo"t4"a distance of 1511 22 fest,thence s4S"13 ort"M, a de,lance of 44 00 feet;theses
Soo°00'00"E a distance of 55234 feet;thence S89°38'oo'W a distance of 358 03 feet,thence H892ih'on'W a
C.xateeof3:1.73feet,thence Noe22oc W a'Cs:m':e cf.47' fc tri^ne Sao".824'W a dl.;ac. :r228.2
feel,thence 500'2200"E a Sentence o1385mo feet.thanrr.S8,338 no W .dirt dine ut 402 u0l ret to tnc Poem
of Beninrl:oe.
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ete:ne rat:Se.rwes 22 21: braa`::it:041 r :ni a...-f4:4•.,t me::' C,i41.3„,a D
dr:tunce' 158 40 feet,thence Noe'36 un"Vr'n dwa nu,of 42 36 feet,thorn.-Net"2u'un"W a dlntance it Si mt
feces then-c SjH,^deo°shed:- ,ui :tu n, n rekft.t h.:. 4x8°;1 t1'.. ..... - .ti q_ ..fat.L.-
N55"1q'oo'W a dwrane, uf(o.v3 let titin'-,u•ClW
am 10 or,' r',r Hier„A �i n`j„.4 re~Ht, ,S,,o' (1
distance of387.84 feet' Lin cv Bun'o, uu'1• :3/4 des nut . ;' t, t,.3a , too u r 444.34
Alto excepting bleb Eno thelo:lconine paned,non'p.vhru:at t :b.,1 whet] stgnnatte at a rant then Whoh
the&tad 'a corner it Setll»^s 42 and bd.i,•.,, s8iy,5 ^:C4 a-:,:;",.., :, °- y; fee:,•I n r:"Ni u'. "s ,t
distance of2-4.nt fee:;thence N81"34 nottl a distant eof3n :6fro t.theme ti4utq H'an Is e dist.,u,a of .3
feet:thence N9u"oo'o0"3.a dtstm lee of 52.83 feet.thence 3nn°prin rl"P ,Sante r e.1f 29" ^0 neer:thence
SR9-31.41"Wadistance of 19,18'set;thence S1 '3300'W a dist no,F'ct 'o C,fret rnente 5&2'n,05W
d:stance of 64 3.4 feet thence 118928^8.10"W a dnt:nu''if 4a 41 feet to do Pu a it-J 3egmmin3, Iltkn:( Har ty,
Ceb'—adc.
The alms.dest,rirtat Wes erretre I by?424 4:2 n\.Yei be.P t i rotor-.Huta f:-c shore^"" t:', tt„-. : .18
Basalt,Cniraadn Atha 1,d cin Nit 1oo511st - - l