HomeMy WebLinkAboutbocc.con.283-19 - BOCC CONTRACT
COVENANT AGREEMENT #
FOR THE PRESERVATION OF HISTORIC RESOURCES
THIS COVENANT AGREEMENT FOR THE PRESERVATION AND
MAINTg\IANCE OF HISTORIC RESOURCES (the "Agreement") is made and entered into
this Z 7-k-clay of A--1A3-1A-54/ , 2019, by Sara Stagg Living Trust (hereinafter referred to as
"Grantor"), and the Board of County Commissioners of Pitkin County, Colorado (the "County"
or"Grantee"). This Agreement shall run with the land described herein and be binding upon the
successors and assigns of the parties hereto, subject to the terms and conditions set forth herein.
RECITALS:
1. Grantor owns the real property specifically described in Exhibit A; and
2. Grantor is the owner of an historic structure on the parcel described in Exhibit A
and as shown in the photo in Exhibit B ("Historic Structures") which was designated and placed
on the Pitkin County Historic Register pursuant to Board of County Commissioners ("BOCC")
Resolution Number 026-2013 (the "Resolution"). Said Resolution was approved on April 10,
2013; and
3. If the Historic Structure is to be restored, rehabilitated, or otherwise modified,
then such work shall be done in accordance with the August 27, 2008, Pitkin County
Preservation Handbook for Historic Properties ("Handbook") to the satisfaction of the County's
Historic Preservation Officer; and
4. This Covenant Agreement is intended by the parties to satisfy the Resolution
condition which requires this Covenant to be entered into prior to the submission of any future
building or other development permit applications.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and in further consideration of the terms, conditions, covenants and
mutual promises contained herein, Grantor and Grantee agree as follows:
1. Restoration, Rehabilitation and Maintenance. Grantor shall be responsible for the
continued maintenance, repair, and administration of the Historic Structure, in a manner that
complies with the Handbook so as to preserve the architectural, historical, archaeological,
cultural, and/or engineering integrity of its features, materials, appearance, and workmanship in
order to protect and enhance those significant characteristics that qualify it for historic
preservation treatment.
2. Exclusion. Grantor agrees that the County in no way assumes any obligation
whatsoever for restoring, maintaining, repairing, or administering the Historic Structure covered
by this Covenant Agreement. However, the County shall be entitled to enforce this Covenant
Agreement.
1111111111111111111111111111111111111111110111111111111111101
RECEPTION#: 658993, R: $0.00, D: $0.00
DOC CODE: COVENANTS
Pg 1 of 12,0912512019 at 10:04:08 AM
Janice K.Vos Caudill, Pitkin County, CO
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3. Inspection and Compliance. Grantor agrees that the County shall have the right to
request inspection of the exterior of the Historic Structure to assure compliance with this
Covenant Agreement, which request Grantor shall not unreasonably deny. Notice of any
inspection of the Historic Structure by the County shall be pursuant to Paragraph 11 of this
Covenant Agreement at such times and upon such notice to Grantor as Grantor may reasonably
require.
Any inspection carried out pursuant to this Paragraph 3 shall be conducted in the
presence of Grantor, if Grantor wishes to be present. The purpose of such inspection shall be to
ascertain whether the terms of this Covenant Agreement have been and are being met and to
insure compliance with the terms of this Covenant Agreement. The Grantor or its representative
shall have the right to be present at any inspection conducted by the County pursuant to this
Paragraph.
4. Alterations. Grantor agrees that the Historic Structure shall be maintained in
accordance with the Resolution, and no significant alterations that were not contemplated in the
Resolution shall be made to the exterior or location of the Historic Structure without the approval
of the Pitkin County Historic Preservation Officer.
5. Standards for Review. Review and approval of any proposed construction,
alteration, rehabilitation or relocation of the Historic Structure shall be evaluated by the Pitkin
County Historic Preservation Officer through use of the Handbook. Grantor agrees to abide by
the Handbook in performing any restoration, construction, alteration, rehabilitation, or relocation
of the Historic Structure.
6. Public Purpose. Grantor agrees that all alterations to the Historic Structure shall
be in the spirit of contributing to the public purpose of protecting and preserving the Historic
Structure in conformance with the Handbook.
7. Continuation. In the event that any component part or parts of the Historic
Structure are destroyed or substantially damaged through no willful action or negligence of the
Grantor, and only if it is jointly determined by Grantor and the County that the affected Historic
Structure are to be preserved and not removed, all obligations contained in this Covenant
Agreement shall continue unabated. In the event that the Historic Structure or any part thereof is
damaged or destroyed through the willful action or negligence of Grantor, the County may
initiate such administrative or judicial actions as it deems to be legally available and appropriate.
8. Reserved Rights of Grantor/Addition. Grantor shall have all rights to utilize the
Historic Structure not specifically limited or restricted by this Covenant Agreement. However,
Grantor shall take no action which is materially detrimental to the purposes of this Covenant
Agreement. Grantor has reserved the right, pursuant to the Resolution and this Covenant
Agreement, to future development on the site, up to the maximum of 5,750 square feet of floor
area (of which the floor area of the Historic Structure shall count towards the maximum). The
additional floor area may be in the form of an additional residence on the site, additions to the
Historic Structure, and development of associated accessory structures such as a garage. Such
construction shall be undertaken consistent with the terms of this Covenant Agreement.
2
9. Binding on Successors to Grantor; Enforcement; Attorneys' Fees. This Covenant
Agreement shall be a binding servitude, and shall run with the land and be binding upon Grantor,
its successors, transferees, and assigns, in perpetuity, unless terminated by the terms of this
Covenant Agreement or by voluntary relinquishment by the County. The County has the ability
to fix and repair the Historic Structure consistent with the standards of this Covenant Agreement
and collect costs from the Grantor for such repairs.
It is explicitly agreed by the parties hereto that this Covenant Agreement shall be
enforceable in the courts of the State of Colorado; and that in the event an action to enforce this
Covenant Agreement is brought, the party or parties which substantially prevail in any such
enforcement action shall be entitled to recover from the non-prevailing party (ies) the full cost of
such action (including reasonable attorneys' fees and costs). The County may enforce the terms
of this Covenant Agreement through actions for damages or injunctive relief for both.
10. Exercise of Rights and Remedies. Failure of the County to exercise any right or
remedy granted under this Covenant Agreement shall not be a waiver of any breach of the
agreement or rights or remedies to enforce the agreement; provided, however, after notice of a
violation pursuant to Paragraph 11, if the County fails to knowingly enforce a provision of this
Covenant Agreement for five (5) years, it waives its right to do so.
11. Notices. Any inspection carried out pursuant to Paragraph 3 of this Agreement
shall be at such times and upon such notice to Grantor as Grantor may reasonably require. Any
notice allowed or required by this Paragraph shall be served on Grantor.
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:
Sara Stagg Living Trust
PO Box 2292
Malibu, CA 90265
Sara81611@gmail.com
To County:
Pitkin County Manager
530 E. Main Street, Suite 302
Aspen, CO 81611
Jon.Peacock@pitkincounty.com
With Copies To:
Pitkin County Attorney
530 E. Main Street, Suite 301
3
•
Aspen, CO 81611
attorney(&pitkincounty.com
12. Severability. Whenever possible, each provision of this Covenant Agreement and
any other related document shall be interpreted in such a manner as to be valid under applicable
law; but if any provision of any of the foregoing shall be invalid or prohibited under said
applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition
without invaliding the remaining provisions of such document.
13. Choice of Law and Venue. This Covenant Agreement and each and every related
document are to be governed and construed in accordance with the laws of the State of Colorado.
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
14. Successors. Except as otherwise provided herein, the provisions and covenants
contained herein shall inure to, and be binding upon, the heirs, successors, and assigns of the
parties.
15. Section Headings. Paragraph or section headings within this Covenant
Agreement 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.
16. Waiver. No claim of waiver, consent or acquiescence with respect to any
provision of this Covenant Agreement shall be valid against any party hereto except on the basis
of a written instrument executed by the parties to this Covenant Agreement. However, the party
for whose benefit a condition is inserted herein shall have the unilateral right to waive such
condition.
17. Gender and Number. Whenever the context so requires herein, the neuter gender
shall include any or all genders and vice versa and the use of the singular shall include the plural
and vice versa.
18. Further Actions. The parties to this Covenant Agreement 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 Covenant Agreement or any agreement or document relating hereto
or entered into in connection herewith.
19. 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 and/or that Grantor has caused any such interest in the
Property to be subordinate to this Restrictive Covenant.
20. Modifications. The parties to this Covenant Agreement agree that any
modifications of this Covenant Agreement shall be effective only when made by writings signed
by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado.
4
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day
and year first above-written.
DECLARANT:
Sara Stagg Living Trust
By: qI?ti, /-7tti
,
Sara Stagg 7
ACCEPTED by the Community Development Director this -Aay of kr--$ ‘--- , 2019,
pursuant to Board of County Commissioners Ordinance No. 0 7 - 7,--8411 :
IA pt,,, 04-
Suzat Wolff, Assistant rector
APPROVE AS TO FORM
I, ,,
Rich. ri . Neiley, Assistant County Attorney
List of Exhibits:
A. Parcel Legal Description
B. Photos of Historic Structure
5
Exhibit A
A PARCEL OF LAND SITUATED IN TRACT 74,SECTION 27,TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE 6TH P.M. LYING
NORTHERLY OF THE NORTHERLY RIGHT OF WAY LINE, STATE HIGHWAY NO.82 AND SOUTHERLY OF THE NORTHERLY
LINED
OF TRACT 74,SAID PARCEL BEING DESCRIBED AS FOLLOWS:
OR
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID TRACT 74,WHENCE AN IRON POST WITH A BRASS CAP
FOUND IN PLACE AND PROPERLY MARKED FOR ANGLE POINT 2 OF SAID TRACT 74 BEARS SOUTH 88°45'44"WEST,2.00
FEET;
THENCE NORTH 88°45'44" EAST,414.35 FEET TO A POINT IN THE CENTER OF THE ROARING FORK RIVER;
THENCE SOUTH 21°59'00"WEST, 136.75 FEET ALONG THE CENTER OF SNOWMASS CREEK TO A POINT ON THE
NORTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY;
THENCE NORTH 69°19'00"WEST,446.52 FEET ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY TO THE
POINT OF BEGINNING.
COUNTY OF PITKIN,
STATE OF COLORADO.
Form 1040 closing/deeds/wd_2019.html 62010312 (456847)
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RECEPTION#:656504, R:$23.00, D:$72.50,06/10/2019 at 03:58:46 PM, Pgs 1 of 3,Janice K.Vos Caudill, Pitkin County,CO
State Documentary Fee
re Date:June 10,2019
.*S.ice,crm.4.1r $72.50
Warranty Deed -(Pursuant to 38-30-113 C.R.S.)
THIS DEED,made on June 10th,2019 by GERALD S.STEIN,M.D.,REVOCABLE TRUST,DATED JANUARY 3,2011,
GERALD S.STEIN M.D.,SETTLOR AND TRUSTEE Grantor(s),of the County of Carroll and State of Arkansas for the
consideration of($725,000.00)""Seven Hundred Twenty Five Thousand and 001100' dollars in hand paid, hereby sells and
conveys to THE SARA STAGG LIVING TRUST Grantee(s),whose street address is 5445 Latigo Canyon Road,Malibu,CA
90265,County of Los Angeles,and State of California,the following real property in the County of Pitkin, and State of Colorado,to
wit:
See attached"Exhibit A"
also known by street and number as:26625 HIGHWAY 82,SNOWMASS,CO 81654
with all its appurtenances and warrants the title to the same,subject to the matters shown in the attached Exhibit B,which, by
reference,is incorporated herein.
Gerald S.Stein,M.D.R vocable Trust,Dated January 3,
2011,Geral S.Stein .D., ettlor an s. e
By: �!i' /�? (1(z. e,
Gerald S.Stein,M.D.,Trustee
State of Arkansas )
)ss.
County of CLflh1iL / ,�/1 n
The foregoing instrument was acknowledged before me on this day of� tint) LI 1 by Gerald S.Stein,M.D.
as Trustee for Gerald S.Stein,M.D.Revocable Trust, Dated January 3, 1,Gerald S.Stein M.D.,Settlor and Trustee
Witness my hand and official seal
My Commission expires: / 0 1 ( IfjJ 3•
5116#1144011.
/ Notary Public
„pip\ _____
..,„.„.„ my_sARALHoues _ i
rM+ OcloberX3
#12705887 I
110,01 y L�1afd1 �� ��
When recorded return to: THE SARA STAGG LIVING TRUST
5445 Latigo Canyon Road,Malibu,CA 90265
Form 1040 closing/deeds/wd_2019.html 62010312 (456847) III 11111111111 1111111 1111 III
RECEPTION#656504,06/1012019 at 03:58:46 PM, Pgs 2 of 3,Janice K.Vos Caudill, Pitkin County,CO
Exhibit A
A PARCEL OF LAND SITUATED IN TRACT 74,SECTION 27,TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE 6TH P.M. LYING
NORTHERLY OF THE NORTHERLY RIGHT OF WAY LINE,STATE HIGHWAY NO.82 AND SOUTHERLY OF THE NORTHERLY
LINE OF TRACT 74,SAID PARCEL BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID TRACT 74,WHENCE AN IRON POST WITH A BRASS CAP
FOUND IN PLACE AND PROPERLY MARKED FOR ANGLE POINT 2 OF SAID TRACT 74 BEARS SOUTH 88°45'44"WEST,2.00
FEET;
THENCE NORTH 88°45'44"EAST,414.35 FEET TO A POINT IN 1 HE CENTER OF THE ROARING FORK RIVER;
THENCE SOUTH 21°59'00"WEST, 136.75 FEET ALONG THE CENTER OF SNOWMASS CREEK TO A POINT ON THE
NORTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY;
THENCE NORTH 69°19'00"WEST,446.52 FEET ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY TO THE
POINT OF BEGINNING.
COUNTY OF PITKIN,
STATE OF COLORADO.
Form 1040 closing/deods/wd_2019.html 62010312 (456847)
RECEPTION#:656504,06/10/2019 at 03:58:46 PM, Pgs 3 of 3,Janice K.Vos Caudill, Pitkin County,CO
Exhibit B
1. GENERAL TAXES FOR THE YEAR OF CLOSING.
2. DISTRIBUTION UTILITY EASEMENTS(INCLUDING CABLE TV).
3. THOSE SPECIFICALLY DESCRIBED RIGHTS OF THIRD PARTIES NOT SHOWN BY THE PUBLIC RECORDS OF
WHICH GRANTEE HAS ACTUAL KNOWLEDGE AND WHICH WERE ACCEPTED BY GRANTEE IN
ACCORDANCE WITH§8.3(OFF-RECORD TITLE)AND§9(NEW ILC OR NEW SURVEY)OF THE CONTRACT
TO BUY AND SELL REAL ESTATE RELATING TO THE REAL PROPERTY CONVEYED BY THIS DEED.
4. INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL TAXING DISTRICT.
5. ANY SPECIAL ASSESSMENT IF THE IMPROVEMENTS WERE NOT INSTALLED AS OF THE DATE OF
GRANTEE'S SIGNATURE TO THE CONTRACT TO BUY AND SELL REAL ESTATE RELATING TO THE REAL
PROPERTY CONVEYED BY THIS DEED,WHETHER ASSESSED PRIOR TO OR AFTER CLOSING.
6. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED,AND A
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES,
AS RESERVED IN UNITED STATES PATENT RECORDED MAY 17, 1902 IN BOOK 55 AT PAGE 105.
7. AN UNDIVIDED 1/32 INTEREST IN ALL OIL,GAS AND OTHER MINERALS THAT MAY BE PRODUCED,SAVED
AND MARKETED AS RESERVED IN WARRANTY DEED RECORDED SEPTEMBER 29, 1955 IN BOOK 172 AT
PAGE 388.
8. TERMS,CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE PITKIN COUNTY BOARD
OF COUNTY COMMISSIONERS, NO.46,SERIES OF 1997 RECORDED JANUARY 14, 1997 AS RECEPTION NO.
400880 AND RERECORDED APRIL 4, 1997 AS RECEPTION NO.403126.
9. TERMS,CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE PITKIN COUNTY BOARD
OF COUNTY COMMISSIONERS, NO.77,SERIES OF 2000 RECORDED JUNE 6,2000 AS RECEPTION NO.
443938.
10. TERMS,CONDITIONS, PROVISIONS AND OBLIGATIONS OF ADMINISTRATIVE DECISION FROM PITKIN
COUNTY COMMUNITY DEVELOPMENT,NO. 55,SERIES OF 2012 RECORDED AUGUST 7,2012 AS
RECEPTION NO.591188.
11. TERMS,CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE PITKIN COUNTY BOARD
OF COUNTY COMMISSIONERS, NO.083,SERIES OF 2012 RECORDED MARCH 28,2013 AS RECEPTION NO.
598084.
12. TERMS,CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE PITKIN COUNTY BOARD
OF COUNTY COMMISSIONERS,NO.026, SERIES OF 2013 RECORDED MAY 9,2013 AS RECEPTION NO.
599378.
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Form 1040 closing/deedsiwd_2019.html 62010312 (456847)