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HomeMy WebLinkAboutbocc.con.346.2017 - BOCC 1111111111R1111111111111111111111111111111111111111111111111 111111 / �/4 RECEPTION# 643565, R $0 00, D $0.00 g�(C " DOC CODE: RESTRICTION C ' Pg 1 of 7, 12/05/2017 at 02 06:25 PM Janice K Vos Caudill, Pitkin County. CO RESTRICTIVE COVENANT 1012 THE- USE OI ANI) AGREEMMP.N 1' FOR AN AGRICULTURAL BUILDING THIS RESTRICTIVE COVENANT i' Restrict' C Covenant) is made and entered into this th day of September 2017. by J Thomas and Linda Jeanne Clark ("Grantor' or "Owner ,. concerning the property known as 501 Sopris Creek Road, Snowmass. CO (State Parcel ID4246513200019). mow specifically described in Exhibit "A- attached hereto, located in Pitkin Counts. for the benefit of the Pitkin l aunty Board of(bunt} Commissioners ("County-1 \\I'I'NESSETII WHEREAS, Grantor owns the real property described in Exhibit `A ' (' Property--1. w Inch Property will contain an agricultural building as allowed pursuant to Sec 5-20-70 of the Pitkin County Land Use Code Said agricultural building will he located as shown on the attached site plant Exhibit "B'1 and shall contain 1.440 sq ft as permitted in Building Permit 0165.2017 pbld This floor ai ca shall he exempt from 1 lour Area and Growth Management calculations as allowed pursuant to Ordinance 11-2011. Poi the purposes of this Restricts e Covenant. the appro'ed agricultural buildings turd all appurtenances and fixtures associated therewith shall hereinafter be refer ed to as the "Agricultural Buildings-: and WHEREAS. this Resti ictte Cotenant imposes certain cos enants upon the Property. which restrict the use of the Agricultural Buildings. as more particularly set forth herein NOW- THEREFORE- for and in consideration of the covenants. terns. conditions. and restrictions hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency ate hereby acknowledged, Grantor does hereby giant and con es to the County, fore'er and in perpetuity. an interest in the Property- for and in consideration of the recitals and mutual co'enants. terms, conditions and testi ictions contained herein 1. Restrictive Covenant pertaining to use of the Property the use of the Agricultural But shall henceforth be limited to an equipment storage building in support of an on-site agnc ultural operation An indoor riding arena shall not he considered a barn. _. Cu'enant running with the land: binding effect. I he provisions of this Restticis e Covenant shall constitute a co'enant that runs w ith the title to the Property as a burden thereon tai the benefit of the Counts its successors and assigns and shall he deemed an appurtenance to the title to such land - . Permitted uses and acti'hies. As ow net of the Property. the Grantor retains the right to perform urn act consistent NN ith the L and l Ice('ode to the extent such act is not prohibited or limited by the requirements of this Restncti'e Covenant. These ownership rights include- hut are not limited to, the right to exclude any member of the public trespassing on the Pi upert and the i fight to sell- lease. 01 otherwise II anter 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 haw 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 acts rtv in violation of the terms of this Restrictive Covenant and to return the Property to its condition prior to any v iolation. 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 ofany kind related to ownership.operation, upkeep, taxes and maintenance of the Property. including but not limited to, costs associated with compliance w ith 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 vv ith 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 N lability of this Restnctiv e Cot enant. 7 Incorporation of the Land Use Code. The Land Use Code, as may be amended from lime to time. and any terms or definitions contained therein, are hereby incorporated by this reference in their entirety K Modification. the terms of this Restrictive Covenant can only be modified by an emended 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 Ill. 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 I I. Section headings. Paragraph or section headings within this Restrictive Covenant are insetted ‘01e1.. for coin enienee of eferenee. and are not mended to.and shall not goy em. limit or aid in the construction of any terms or provisions contained herein 11. Further actions. The parties to this Restrictive CON enant 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 aro agreement or document relating hereto or entered into in connection herewith. 13 Notices. Any notice required or permitted under this Agreement shall be in writing and shall he prov ided by electronic dein en to the e-mail addresses set forth below and by one of the follow Lite methods I I hand-del ni er5 or '_) registered or certified mail. postage pm- paid to the mailing addresses set forth below. Fach party by notice sent under this paragraph may change the address to which future notices should he sent. Electronic deliveiv of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained het ein shall he construed to preclude personal sen ice of any notice in the manner prescribed for personal sen ice of a summons or other legal process. o Grantor J. Thomas and Linda Jeanne C lark 21 S South Monarch Street lit03 Aspen. CO 8161 I To County, Pekin C ount> Manager 121 Emma Road, Suite 106 Basalt. Ct) 81621 Lm I'eatnek d pukmcount) ynm With Copies To: Bakal County Attorne. 121 Emma Road, Suite 204 Basalt. CO 81621 attuiny\ a pitk neomit) coin I I. Section headings. Paragraph or section headings vv ithin this Restricti - Covenan - inserted solely for convenience of reference. and arc not intende . and shall nut govern. limit o . • in the construction of any terms or pros isions conta • • erein. 12. Further ac • • The parties to this Restri Covenant agree to execute such funher documents and take such • •'r actions as • e reasonahly required to carry out the provisions and intent of this Restrictive or any agreement or document relating hereto or entered into in connection herewith 13. Notices A otige which is required to ' _ sen under this covenant shall be given by mailing the e. certified mail. return receipt reques -• •roperly addressed and with postage fully pr'•. to any address pray ided herein or to any subscq ailing address of any additional • res. as long as prior written notice of the change of address or " tional parties has b- given to the other parties to this Restnetn e Covenant to Grantor' I homas and Linda Jeanne C 215 South Monarch Street . : 03 Aspen. CO 81611 To County Board o ty Commissioners of Pitkin Count} 530 E street, 3rd Floor Asp . CO 81 Wit °pies 1o: Pitkin County Attorney 510 I- Main Street, Suite 30_ Aspen, CO 81611 IN WITNESS WHEREOF, Grantor has executed this Restrictive Covenant as o f the date and year fust written above. Grantor: Grantor: 1 / / B'- 1 inda kaon Clark By. J. Thomas Clark State of Colorado 1 ss County of Pitkin 1 he foregoing Resti'GUN e Covenant\vas acknossledged before me this _a —day of September 2017 by T >••/lspu.ti i{af/ C JOHN TUCKER NOTARY PUBLIC.STATE OF COLOanp0 Witness my hand and official seal Notary'den /Julien/20104023190 M/CommFssxon Expires 8/28/2018 My commission cvpires on- k/9)4/'d(// ' 2 / )' ?Jotary. Public I' ACCEPTED BYLc*'4 hi k 1,p-c.E'L2reL,p . / Are clV� fi,,rr y"Ai k Pitkin County Board of County Commissioners ( Irl/1-CU. . 7* &/r-{ 2 I)i APPROVED AS TO FORM 4 , ',i>/ IVif/1/3-1( �" lzt'fl Ciny Houben, Date m1 Counts Attornes Community Development Director d ` r= kL , , L, ; .1- A-- Legal Description !ITraa 67 Soctiott 13 lowmhip- a Range- 87 A PARCEL OF LAND SII I\-1 1R 67 t3 h-H' IIGti\G Al ANGLE. 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