Loading...
HomeMy WebLinkAboutbocc.con.176.2019 - BOCC I 11111 11111 11111 11111 11111 1111111111111111111111111 11111 11111 Huh 1111 III ilii CONTRACT RECEPTION#:653197, R: $0.00, D: $0.00 DOC CODE: RESTRICTION c Pg 1 of 5,01/07/2019 at 03:47:03 PM 0 Janice K.Vos Caudill, Pitkin County, CO # /76 - °C�l -�1,c3ee- �. RESTRICTIVE COVENANT v FOR THE USE OF AND AGREEMENT FOR 4 AN AGRICULTURAL BUILDING .5 a THIS RESTRICTIVE COVENANT ("Restrictive Covenant") is made and entered into this )5 day of c-119 lv+c 2018, by John P McBride Jr. ("Grantor" or "Owner"), concerning the property located at 5463 East Sopris Creek Road, Snowmass, CO 81654 (State Parcel ID# 3 264506400002), also known as Lost Marbles Ranch – Unplatted Lot 6A, and more specifically described in Exhibit "A" attached hereto, located in Pitkin County, for the benefit of the Pitkin County Board of County Commissioners ("County"). '3 WITNESSETH o O Ng WHEREAS,Grantor owns the real property described in Exhibit"A" ("Property"), -0 0 which Property will contain an agricultural building as allowed pursuant to Sec. 5-20-70 of the o a. c 8 Pitkin County Land Use Code. Said agricultural building will be located as shown on the —- o c U attached site plan(Exhibit"B") and shall contain 2,520 square feet as permitted in Building — o , e -wZN Permit btql. ?btSs. PIs�-1� ii o o a I �= This floor area shall be exempt from Floor Area and Growth Management calculations as $ 2 E, allowed pursuant to Ordinance 11-2011. For the purposes of this Restrictive Covenant, the to to w v approved agricultural buildings and all appurtenances and fixtures associated therewith shall 4i re...0 hereinafter be referred to as the "Agricultural Building"; and o c e � ' -Ha o — V 5 e WHEREAS, this Restrictive Covenant imposes certain covenants upon the Property, -v v .-c which restrict the use of the Agricultural Building, as more particularly set forth herein. o a-, 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: 1. Restrictive Covenant pertaining to use of the Property. The Use of the Agricultural Building shall henceforth be limited to a Barn 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 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 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 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. 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. 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 service of any notice in the manner prescribed for personal service of a summons or other legal process. To Grantor: John P McBride Jr 5463 E Sopris Creek Rd Snowmass, CO 81654 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@pitkincounty.com IN WITNESS WHEREOF, Grantor has executed this Restrictive Covenant as of the date and year first written above. Grantor: �; ' illy: John P McBride Jr State of Colorado ) ) ss. County of Pitkin ) The foregoing Restrictive Covenant was acknowledged before me this kS ay of dC�2018 by �cAf v\ 3-kcZ,CiCkei fit-.• Witness my hand and official seal My commission expires on: V\ . ALISON MARSHALL Notary Public Notary Public State of Colorado Notary ID 20104049666 My Commission Expires Nov 15,2018 ACCEPTED by the Community Development Director this 5 day of pursuant to Board of County Commissioners Ordinance No. 032-2017: (4t71-1.0 Suza e Wolff, Assistant erector APPROVED AS TO FORM 11'' 4—W)_ Richa . ciley,Assistant County Attorney EXHIBIT A encemasszamemuasaufwata A PMMI. OF LAIC LOCATED M ONOONDIrr LOTS 4 T. SO. 11„ 17. AID 1$OF OIC1Io11 6, 1C111f11F P t ICUT , RATI E R MST Of TIE X111 F'A1,1 Me LOCATED M .CAV I?1.015 1,2 mO 7 Or IIt+C'1I II 5. TOW0110 Il SOII141. RAMOE 55 , Q la Woo P.M., hTM1w OOLMTY. OOLLRADOO w311E PAR11G1EAHHLY MIMEO AS FCILiOMIE �AT TM 1 T 1IOR11E1tY MST come OF 1A LOT I Or me ii1C11oN 4 MICE 11,54'14'E AL000 UK OF SAD LOT 1 AND ALONG 14E NMI LME OF 511) LOT 5 OF >iEJC7ICN 4 A GIRTAIICE OF 21)2.13 FEET; 115710E MS1''113'Yrr NAM lug+foRlH Li1E OF SAID LOTS • 1110 • MVO, I A STANCE of 77181 FEET TO TtE EAV TE.Y IJE OF 111A4r I 111 lO:s 312 AT RAR 34 01 TIE A111Q1w COLMIT1f um PAID REICOEOEII'8 OFFICE. MOM ALCM WAD EASMITLY OF 11E PROPERTY WOWED II SAID SICK 352 Ar PAN 54 AOI Atom THE EASIVILY UNE OF NES F111Ml11TY=OM IN 0001E !IO AT FAQ' 041 711-716, IN 1R 14111541 OOLPITr NEO% THE MAIM 7 COME 1.Urine* A MAW OF MN FEET; 3.1*'*IVW A pETAMC E OP 3.15.55 F1E i; 3 51S' 433"►r A OISTAII©E OF 455.05 MLA 4 S411141311 A MANCE OF 111.54 FEET; 5.14794E57 W A GINT11MCE OF 401.54 FEET; O 15V$74111 A OaVMICE OF ISM FEET; T.9911012N1 A MAKE OF 03.31 FEET TO A PONT ON DE N151TNENN MOaRT LIME OF TIE COLt.103-410ESCC OOI11011 POI00AOT LME=OM At RECEPTICN 41JRS 114 THE PIIKIN GOIU4TY SEOOIIOE fiaw1 otos TIE WANK 0 CANON linUNDAITT LJIE YEARS $111,134WE A DISTANCE OF 133.112 FEET MORE On LL I E1IM MING SAC COM* OO M0AIIY Log THE FOIAO1rND 4 COMM S. 154774'15.1!A DOTAlica DF 110 11111 s. S'l'!#'4S'W A OW NCE Cr 10.14 FELT, 10. Mann/ A ORTANCE OF 114555 F1FT; 11. SAWInI 1r A YI'STANOE CF 23.15 F1ZE1; TIEPKZ MOPP WE A 55TANCE of 207090 FEET TO AM 11NCIL POW OF SAS LOT 1; VENCE NO012725"E ALONG A DESIVILY UK OF DM LOT I A S5TAMCE Of 1500 FEET TO 11E egialunima SAD P . OO TTA/0IC 130.030 AC3ES 1105E OR LEM 1 j SEP!EMBER 16,2005 111111 1 oft LOST MARBLES RANCH PARCEL 6A: A PARCEL OF LAND LOCATED IN GOVERNMENT LOTS 6,7,8,9,16, 17, AND 18 OF SECTION 5, TOWNSHIP 9 SOUTH,RANGE 86 WEST OF THE SIXTH P.M.;AND LOCATED IN GOVERNMENT LOTS 1,2,AND 7 OF SECTION 6,TOWNSHIP 9 SOUTH,RANGE 86 WEST OF THE SIXTH P.M„ PITKIN COUNTY,COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID LOT 1 OF SAID SECTION 6,THENCE SOUTH 89°49'00" EAST ALONG THE NORTH LINE OF SAID LOT I AND ALONG THE NORTH LINE OF SAID LOT 6 OF SECTION 5 A DISTANCE OF 2432.13 FEET; THENCE NORTH 89°45'41"EAST ALONG THE NORTH LINE OF SAID LOTS 8 AND 9 OF SECTION 5 A DISTANCE OF 773.81 FEET TO THE EASTERLY LINE OF TRACT I RECORDED IN BOOK 392 AT PAGE 54 IN THE PITKIN COUNTY RECORDS,THENCE ALONG SAID EASTERLY LINE OF THE PROPERTY RECORDED IN SAID BOOK 392 AT PAGE 54 AND ALONG THE EASTERLY LINE OF THE PROPERTY RECORDED IN BOOK 610 AT PAGES 711-715,IN THE PITKIN COUNTY RECORDS,THE FOLLOWING 7 COURSES: 1. SOUTH 38°19'40"WEST A DISTANCE OF 539.93 FEET; 2. SOUTH 38°41'29"WEST A DISTANCE OF 336.89 FEET; 3. SOUTH 38°51'46"WEST A DISTANCE OF 466.88 FEET; 4. SOUTH 47°55'37"WEST A DISTANCE OF 583.64 FEET; 5. SOUTH 47°51'11"WEST A DISTANCE OF 481.94 FEET; 6. SOUTH 54°39'55"WEST A DISTANCE OF 180.58 FEET; 7. SOUTH 36°22'26"WEST A DISTANCE OF 1093.31 FEET TO A POINT ON THE NORTHERN MOST LINE OF THE COLLINS-MCBRIDE COMMON BOUNDARY LINE RECORDED AT RECEPTION NO.415965 IN THE PITKIN COUNTY RECORDS,FROM WHICH THE TERMINUS OF SAID COMMON BOUNDARY LINE BEARS SOUTH 87°32'02"EAST A DISTANCE OF 133.82 FEET MORE OR LESS; THENCE ALONG SAID COMMON BOUNDARY LINE THE FOLLOWING 4 COURSES: 1. NORTH 87°32'02"WEST A DISTANCE OF 276.99 FEET; 2. SOUTH 39°14'02"WEST A DISTANCE OF 210.16 FEET; 3. SOUTH 39°31'10"WEST A DISTANCE OF 603.65 FEET; 4. SOUTH 40°22'13"WEST A DISTANCE OF 25.89 FEET; THENCE NORTH 00°29'42"EAST A DISTANCE OF 2070.20 FEET TO AN ANGLE POINT OF SAID LOT 1;THENCE NORTH 00°29'42"EAST ALONG A WESTERLY LINE OF SAID LOT 1 A DISTANCE OF 1320.00 FEET TO THE POINT OF BEGINNING,CONTAINING AND ARE OF 130 ACRES MORE OR LESS. THE BASIS OF BEARING FOR THIS DISCRIPTION IS NOTRTH 00°03'58"WEST A DISTANCE OF 5,269.56 FEET FROM A FOUND G.L.O.BRASS CAP AT THE SOUTHWEST CORNER OF TRACT 76(AP 3)TOWNSHIP 8 SOUTH,RANGE 86 WEST OF THE 6TH P.M.TO A FOUND G.L.O.BRASS CAP AT THE NORTHWEST CORNER OF SAID TRACT 76(AP 2). if 184:71P • OEAST TLINE P. .B. TRACI BOOK 392, R. 86 w PAGE 54 6 _ a, ra cal, f.,1,11. 01,1. kt 4S S 2 S89°49.00"E ,'_J,,, • }.0, 2432.13' S38°19'40"W N89°45.41"E 773.81' al L :I& * 0 1 0 A. PARCEL 6A 4 336.89' TRACT 4<,,, ±130 ACRES S38°51'46W 4 466.88' S54°39'55"W S47°55'37"W 01' 180.58 583.64' N c' aL S47°5111 W N t..4-1 481.94' — C's1 a, TRA•,1 3 aL , • GIL :/ '-761ACT a i 0 ;7) S36°22'26"W . i• z 1093.31' EAST LINE N87*3 '02"W - FL 276.99' BOOK 610, I ,z S39*14'02"W 210.16' S39°31110"W 603.65' • PAGES 711-715 {nf], 1 I COLLINS/MCBRIDE IL' COMMON BOUNDARY LINE RECEPTION NO. 415965 S40°22'13"W 25.89' *•**P4i,-.7'437:1;'us 44S)i :kt,"4:,041.