HomeMy WebLinkAboutbocc.con.349.2017 - BOCC i III!)I!I91!!1191VIIl19NUIIIVI IIIIIIlIIIIUIIIIII?IIIllIIII!91I
q `l4 .�Wn)� RECEPTION#' 643566, R- 50,00, 0: $0 00
Qh.1711P r-41 -- DOC CODE RESTRICTION
P9 1 of 6, 12/05/2017 at 02,0618 PM
Janice K Vos Caudill, Pitkin County, CO
RES I'RICTIVE COVENANT
FOR THE USE OF AND AGREEMENT FOR
AN AG RICULI URAL BUILDING
First Amendment
THIS RESTRICTIVE COVENANT ("Restrictive C'ovenant') is made and entered into
this tInI day of October 2017, by Snowiness Acres TLC ("Grantor' or '-Owner"), concerning
the 35.74 acre property known as 5809 East Sopris ('reek Road, Snowmass, CO (State Parcel
104264504200003), more specifically described in Exhibit"A"attached hereto. located in Pitkin
County. for the benefit of the Pitkin County Hoard of County Commissioners ("County").
WITNESSETII
WHEREAS, Grantor owns the real property described in Exhibit "A"("Property").
which Property contains Agricultural Buildings as allowed pursuant to Sec. 5-20-70 of the Pitkin
County Land Use Code.
WHEREAS, this Covenant is the First Amendment to the Agricultural Covenant recorded at
reception#603527. and rescinds the Agricultural Covenant Agreement recorded at reception
#622428, both recorded in the Pitkin County Clerk and Recorders Office. The purpose of this
First Amendment is to reflect increases in the Floor Area of the Barn,as permitted in Building
Permits #01 12.2015.prgr and 0 156.2017.pbld. This brings the Barn shown on Exhibit B. to a
total Floor Area to 2.881 sq ft, where a maximum Floor Area of 4,060 sq fi is allowed.
This Barn shall be exempt from Floor Area and Growth Management calculations as allowed
pursuant to Ordinance 11-2011, For the purposes of this Restrictive Covenant,the Barn 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 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 'ovenants, tents, conditions and restrictions contained herein'
I. Restrictive Covenant pertaining to use of the Property. The use of the
Agricultural Building shall henceforth be limited to shelter or to 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 ham.
"_. Covenant running with the land: binding effect. The provisions of this
Restrictive ('os enant 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 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 andior 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 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
C'os enam.
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, 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
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.
I I. 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 required or permitted under this Agreement shall be in writing and
shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the
following methods 1)hand-delivery or 2)registered or certified mail, postage pre-paid to the
mailing 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. Nothing contained
herein shall be construed to preclude personal sere ice of any notice in the manner prescribed for
personal service of a summons or other legal process.
To Grantor:
Snowmass Acres, LLC
do Glenn Russell
5809 East Sopris Creek Road
Snowmass.CO 81654
To County:
Pitkin County Manager
123 Emma Road, Suite 106
Basalt, CO 81621
Jon.Peacockepitkincounty corn
With Copies To:
Pitkin County Attorney
123 Emma Road. Suite 204
Basalt, CO 81621
attomeyp.pitkincounty.com
IN WITNESS WHEREOF,Grantor has executed this Restrictive Covenant as of the
date and year first written above.
Grantor
6y: Glenn Russell, Manager
Snowmass Acres LLC
State of Colorado 1
1 SS.
County of Pitkin
The foregoing Restrictive Covenant was acknowledged before me this ,Z- day of
October 2017 by 6 k
SHERRY M WILLIAMS
Witnessm} hand and official seal ROTA"(PUBLIC
iTATE OF COL0010.00
NOTARY ID 20054017221
My commission expires on: - Ze\ - to"2.\ MT COMMISSION EnPNES MRA N 2021
Notary Public
,I ACCEPTED BY( 1, � �tn [�; I 1�'�tA lC f � I'" ` ("-
7 Pitkin County Board of County Commissioners
C C
APPROVED AS TO FORM
, y Vey }., I) lu) - , itf ._I ,�__, _ •
at C'indHouben, 7 Date
4-4 County Attorney Community Development Director
EXHIBIT A
A TRACT OF LANDM C.AFEE)IN SECTIONS<421)5,TCih'NS^.P 3 SOLTN,RANGE 85 .t EST OF THE SIN PM,34318E
PARDCULARL} DESCRIMEM AS FOLLOWS
BEGINNING AT A)(INT WHENCE THE NORTHWEST MILNER ET SAID SECTION 4 HEARS N IB LFCREES 7211TW 6+4 63 FELT:
THENCE S 1fl DEGREES Inds 115_(5 FET;
HENCE.5 b9 DEGREES 3227t 71132 FEET,
THENCE 500 DEGREES)5'42'W 131432 FEET,
;DENTEN 87 DECREES 4339^W 335413 FEET;
THENCE 18 DECREES$EIDE 15.14 FUT.
THENCE N 21 OEGREFS 00'33"7,1073 02 FEET.
THENCE N 44 DEGREES 2215'W 494 EQ FEET,
NENC.E N 48 DEGREES 32:3-£2554}.LET;
DENTE 5 75 DEGREES 3912'£MB 55 FEEL TO THE POINT OF B1.4.1ANIN1),
TOGETHER WITH THAT PROPERTY DFSCRIBC)IN HOOK 511AT PAGE 034 AND RE-RECORDED IN BOOK SL)AT PAGE 5T0 MD
EX.:S?T THAL 3OIO1ON DESERMED IN ECM STI AT PACE ME NOW KNOWN AND 0261195,313 AS 201.1,0125
A TRACT OF LAND LOCATED IN SECTIONS 4AND 5,1T1WNHR I SOUTH,RANGE 85 WEST OF THE DTI PM,BF]NC MORE TULLE
DESCRIBED AS Fri COWS
SECIN'!ONG AT A PONT WHENCE 1131 ORTHWEST CORNER OF SECI1CIN 48 FAD,'S SM PEGP.EFS 4.652"WI_`S E FEE:,
THENCE 5 00 DEGREES 375`531®FEET:
THENCE$00 DEGREES 3942'W 1314.32 FEET;
}HENCE N Bl I0/15F2$43'36'513Y31 FEET.
THENCE N 1111”3333 513.5'£46.14 MT,
THENCE N21 DECREES 0033'E 1073.01 c-L51:
TiENCE N 44 DEGREES 2E35AW 494 GO MED
HENCE N 54 DEGREES WISW:SBD EER.
THENCE N 88 DEGREES 3"588:033 FUTT;
THENCE N 48 DEGREES 3213"£1103 FEET,
TFLNCE 5 NI DEGPEES 3472E 131:3 PEET
TFLENICE N 58 DEGREES 064719175 FEET.
THENCE N 75 DEGREES Ann/3 i4 FEET,
THENCES1LXeG A CURVE TO TEE RIGHT HAVDIG A RADIUS OF 58035 FLET;A CENTRAL ANGLE OF 4 OECR 2I:WANDA
CHORD BEARINGS 72 DEGREES 5747*W 4358 FEET THENCE S SG DEGREES 08471/1530FEET;THENCE N 73DEGREIS}11YW
5413 FEET,THENCE N 46 DECREES 3627'£4937 FEET;MENCE S 73 DEGREES I8'39£ Paz F t tE.NC2 ALCMA CURVE
TO THERIGHT HAVING,ARADNS OF 723 42 FFST,A CYMBAL ANGLE OF 08 DECRIES 17'20'AND A QCRD BEARING OF S 69
DEGREES 10:01F2 SS FEET.T E iCE$63 DEGREES 0331"E 15.09:'EET:THENCE ALONG A CURVE:OTT¢:EFF RAVING A
RADIUS OF 65,7:FEET,A CENTRAL AI LE OF IS DEGREES 377 AND A CHORD HEARING O $10 DEGREES MET 332.25
FEET;THFTCE N 04 DTf.RPES 2515'E 7: 4 FEET;MEAD MANG A CURVE TO TIE RICHT HAVING A RADIUS OF 106324 FLET,
A tY:RA:.A"G:L OF H DEC:FFi56r r AND A CHORD REARED OF 585 CECAEES 4331'£1:6,91 FEET:TH CE$13
DEGREES 52542`E 85 06 FEET;THENCE A.GNG A CURET.TO TETE IIFT HAVCVG A RaDNS OF 545,99 FEET.A CCFXl'RAL ANGLE
BEARING 17 DECREES'23^_i'AND A CHORD BEARING VF N r DEGREES 2E31'£IL' 07 FLET TO TEE POINT OT RFS DIMNG.
CADDY CT RENT:+,SF 9 I`_EH W1AAA1%)
•
Ll- kII
ii
N ---_, -
•
n y �' - -
I _ T
. ; )
N', ''
• r
ji";ii+.�l.'ii ivbe._r. 7', \ '�
S
,/ ✓� �.
L i �I it / Al
! �i...�' ` r,� F° r
Il
•
`, 11ii: •=.sj _ . r•
r
In kO.
' ' -- it 'll! ^ii'[I .1:�� �^ Iii ,i _'I : .t 9.pr, : ��,_�i_ * a. i .
� .ni W, 11 lid °.t4/Fs 3. •i r\ /
f, rApt §yp .
! x 11 i ' - r _
(7 iljyr 4. hie{F:t, :t
p • sL is iIjI�
11
..R_. , ; •.,2.0. . L
9:.
i 1F,',' f
s. h
4
•
0ley' li
;0'1'
,