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Home My WebLink Aboutbocc.con.330.19 - BOCCC fva� yt6,, 3 30 -� s- �vr AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ACCEPTING A RESTRICTIVE COVENANT AND RECREATIONAL TRAIL EASEMENT FROM THE ASPEN CHAPEL ORDINANCE NO.0 - 2019 RECITALS 1. Pursuant to C.R.S. § 30-35-301, the Board of County Commissioners (the "BOCC") of Home Rule Counties is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary; and 2. Pursuant to Section 2.8.1 of the Pitkin County Home Rule Charter, the Board of County Commissioners of the County of Pitkin, Colorado (the `BOCC") is authorized to take official action by Ordinance for certain matters as set forth in the Home Rule Charter as well as the Colorado Revised Statues as amended; and 3. Section 2.8.1.1 of the Pitkin County Home Rule Charter provides that official action by ordinance shall be required for the "granting of easements in public lands, acquisition, vacation, sale, or purchase of any real property asset, lease in excess of one year of public lands, and authorization of proceedings in eminent domain;" and 4. Aspen Chapel is a church and Colorado not-for-profit entity that owns certain real property in Pitkin County, Colorado described in Restrictive Covenant appended hereto as Exhibit A (the "Property") and the Recreational Trail Easement appended hereto as Exhibit B; 5. Aspen Chapel desires to convey the Property to Pitkin County, and Pitkin County desires to accept such conveyance; and 6. As partial consideration for the Chapel granting the Restrictive Covenant and Recreational Trial Easement to Pitkin County, Pitkin County, through the BOCC, intends to convey certain property it owns adjacent to the Aspen Chapel to the Aspen Chapel; and 7. The BOCC finds that adoption of this Ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this Ordinance to be effective immediately upon adoption. NOW THEREFORE, BE IT ORDAINED that the Board of County Commissioners of the County of Pitkin, Colorado, hereby adopts this Ordinance of the Board of County Commissioners of Pitkin County, Colorado Accepting a Restrictive Covenant and Recreational Trail Easement from the Aspen Chapel. The Chair of the Board of County Commissioners of the County of Pitkin, Colorado is further authorized to execute such documents as necessary to consummate this transaction subject to the recommendation for approval as to form by the County Attorney. I IIIIII VIII VIII VIII VIII VIII VIII IIII II I III VIII VIII VIII IIII VIII IIII RECEPTION#: 662015, R: $0.00, D: $0.00 1 DOC CODE: ORDINANCE Pg 1 of 12, 01/16/2020 at 12:58:52 PM Janice K. Vos Caudill, Pitkin County, CO INTRODUCED AND FIRST READ ON THE 13 t�- DAY OF 0{'L Ct tL 20-( AND SET FOR SECOND READING AND PUBLIC HEARING ON THE7q7L DAY OF CXAf 20 -Li NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF V(• L 20Lq NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED OST THE OFFICIAL PITKIN COUNTY WEBSITE (www.r)itkincountv.com ) ON THE �— DAY OF l W0 A -,0S,., 20 -LCL ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE `I QDAY OF u �,. _ 204 PUBLISHED BY TITLE AND SHORT SUM�ARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE h(� DAY OF � �nr 1 20-4. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.Ditkincounty.com) ON THE QDAY OF B to �,L 20Lc(. ATTEST: BOARD OF COUNTY COMMISSIONERS i By: ) By: 5 Jean t e Jones Greg Poschman, Chair Dep t County Clerk Date: 71 2-6L q APPROV A�S TO FORM: MANAGER APPROVAL B B --�. f �? Ric �r -- Jon lock, County NNnager Ass . unty Attorney SGM www.sgm-inc.com PROPERTY DESCRIPTION A parcel of land situated within a portion of the `Exception Parcel' as described on the plat of Meadowood Subdivision, Filing 2 and recorded in Plat Book 4 at Page 335 and within a portion of a parcel of land as described in that Resolution of the Pitkin County Planning and Zoning Commission recorded in Book 571 at Page 737, all in Sectionsl l and 12, Township 10 South, Range 85 West of the 60' Principal Meridian, County of Pitkin, State of Colorado, said parcel being more fully described as follows: Beginning at a point from whence the Southwest Corner* of Section 12 bears S01°03'41"E a distance of 2021.30 feet, with all bearings being relative to NOVI1'43"W the line between said Southwest Corner Section 12 and Northwest Corner Section 12 both being properly stamped 3.25" BLM Brass caps, said point also being an angle point along the westerly line of the Executor's Parcel as described in Book 300 on Page 34; thence S 02°53'00" E along the easterly line of said Exception Parcel also being a westerly line of said Executor's Parcel a distance of 67.65 feet; thence N 89°48'37" W a distance of 83.61 feet to the easterly line of Tract A of said Meadowood Subdivision; thence N 25°05'58" E along said easterly line Tract A, a distance of 71.53 feet to an angle point on the northerly line of said Exception Parcel also being a point on a southerly line of said Executor's Parcel; thence N 87°07'00" E along the coincidental line between said Exception Parcel and said Executor's Parcel a distance of 49.93 feet; to the point of beginning, said parcel containing 0.10 acres (4403 square feet), more or less. *Note: From the accepted Southwest Corner of Section 12 a 3.25" brass cap special purpose monument stamped 1978 1954 1881 Kimberly S12 bears N22°05'51"E a distance of 52.00 feet. o F �0�.. 0�4 A. Mac*�, yft� ,v F;O yj34)l1i82 Z s LANA 12/19/2018 Sheet 1 of 2 GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004 FA - Exhibit - Parcel 1 i W -t J. N89448'37'W X3.61' 4512 I� *i N13'S0'OO'W 109.60' t S80'30'43'E 98.32' I i N87'07'00*E — 149.10/ POW �mP'* msa s L r.a orAAr wmw A � 30 eII� Am An /73JM7 Not to Scale �a�yuUq<ttA��.H�ck'��ycl�� `82: a ZN 12/19/2018 1 m 6VV._■ a Na 201&119.008 Pagano. � 5 Aspen Chapel Area °`°""� "S Parcel 1 L 118 Wast 5ixih Sneer, Sure 200 Oea' 12/13/2018 ga Sp*..P COB/bol Pitkin County, Colorado Ae,,,,a_ Church to Pitkin County 970.945.1004—sgminc.com NM ..e.{.ww+-r. OI 2 / GSGM www.sgm-inc.com ROW DESCRIPTION A parcel for a Right of Way (ROW) situated within a portion of the `Exception Parcel' as described on the plat of Meadowood Subdivision, Filing 2 and recorded in Plat Book 4 at Page 335 and within a portion of that parcel of land as described in the Resolution of the Pitkin County Planning and Zoning Commission (P&Z Parcel) recorded in Book 571 at Page 737, all in Sections I 1 and 12, Township 10 South, Range 85 West of the 6h Principal Meridian, County of Pitkin, State of Colorado, said parcel being more fully described as follows: Beginning on the East Line of said P&Z Parcel also being the West Line of the Executor's Parcel as recorded in Book 300 at Page 348 from whence the Southwest Corner* of Section 12 bears S00°41'00"W a distance of 1674.11 feet, with all bearings being relative to N0091'43"W the line between said Southwest Corner Section 12 and Northwest Corner Section 12 both being properly stamped 3.25" BLM Brass caps, thence S 02°53'00" E along the coincidental line between said P&Z Parcel and said Executor's Parcel a distance of 60.00 feet to the south line of said P&Z Parcel also being the north tine of Parcel C Aspen Valley Hospital as recorded in Book 106 at Page 27; thence S 87°07'00" W along the coincidental line between said P&Z Parcel and said Parcel C a distance of 49.10 feet to the northerly line of Tract A of said Meadowood Subdivision, Filing 2; thence the following two (2) courses along the northerly and easterly lines of said Tract A, N 80°30'43" W a distance of 98.32 feet; thence N 13°50'00" W a distance of 4.32 feet; thence N 48°55'44" E a distance of 9.24 feet; thence 73.82 feet along a non -tangent curve to the right, having a radius of 125.83 feet, a central angle of 33°36'52", the chord of which bears N 65°09'34" E a distance of 72.77 feet; thence N 81°5229" E a distance of 19.44 feet; thence N 87°07'00" E a distance of 51.85 feet; to the point of beginning, said parcel containing 0.15 acres (6702 square feet), more or less. *Note: From the accepted Southwest Corner of Section 12 a 3.25" brass cap special purpose monument stamped 1978 1954 1881 Kimberly S12 bears N22°05'51"E a distance of 52.00 feet 4 ' t f �� o�(A. NF��yyrf� 4L LAda 12/19/2018 Sheet 1 of 2 GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004 - Exhibit - Parcel 4 4 'Church,Property Excepted from Meodowood Sub.Fling 2 o m Book 4, age 335 eo 4 N� A K�ta3� JI I 1 Parcel 4 y Church to R.O.W. 0.15 acres, 6,702.11 sq.ft y more or less b=33'3652" t c R=12583' i t L=73.82' N8152'29"E Ch Brg=N6S09'34"E 19.44' N8 Ch Dist=72.77' N48'55'44"E i 9.24' r 1 .32' 1 I I Not to Scale � Aspen Chapel Area11*b N*, 1111111,1111 °i°wn°' "S .4 118 Wed 5iA shat, SO, 200 Pitkin County, Colorado �: 12/1372018 Glenwood Springs, CO 8'60MPS^-dSX 970.945.1D04 www,sgminc.mm rr4: . Pitkin County Parcel ID 273512300854 Executors Deed Book 300, Page 348 Rea. No. 175967 0 w 49.10' I This line est by Jj Parcel C Aspen Valley Hospltd Book 106, Page 27 Rec. No. 608883 0 L/CF �COD0 o s $2 tc�. L NIA 12/19/2018 Page No. Parcel 42 Church to R.O.W, of 2 � N87'07'00"E J 49.93' Meadowood Subdivision 1 h 1 n 4 'Church,Property Excepted from Meodowood Sub.Fling 2 o m Book 4, age 335 eo 4 N� A K�ta3� JI I 1 Parcel 4 y Church to R.O.W. 0.15 acres, 6,702.11 sq.ft y more or less b=33'3652" t c R=12583' i t L=73.82' N8152'29"E Ch Brg=N6S09'34"E 19.44' N8 Ch Dist=72.77' N48'55'44"E i 9.24' r 1 .32' 1 I I Not to Scale � Aspen Chapel Area11*b N*, 1111111,1111 °i°wn°' "S .4 118 Wed 5iA shat, SO, 200 Pitkin County, Colorado �: 12/1372018 Glenwood Springs, CO 8'60MPS^-dSX 970.945.1D04 www,sgminc.mm rr4: . Pitkin County Parcel ID 273512300854 Executors Deed Book 300, Page 348 Rea. No. 175967 0 w 49.10' I This line est by Jj Parcel C Aspen Valley Hospltd Book 106, Page 27 Rec. No. 608883 0 L/CF �COD0 o s $2 tc�. L NIA 12/19/2018 Page No. Parcel 42 Church to R.O.W, of 2 � ASPEN CHAPEL PROPERTY RESTRICTIVE COVENANT By this decd, Aspen Chapel of the Prince of Peace ("Aspen Chapel") grants the following restrictive covenant ( "Covenant") to and for the benefit of the Board of County Commissioners of Pitkin County, Colorado ("Pitkin County"), this 5th day of April 2019. WITNESSETH WHEREAS, Aspen Chapel is a Colorado not for profit corporation and chapel that owns approximately .5 acres of real property in unincorporated Pitkin County, with a street address of 77 Meadowood Drive, Aspen, Colorado, which is more particularly described in Exhibit "A" attached hereto (the "Property"); WHEREAS, the Property i4 developed with an existing chapel building ("Chapel") which has been used by Aspen Chapel for religious services, a gathering space and other related activities since 1967; WHEREAS, Aspen Chapel is proposing to build additional improvements on the Property which fall under the definition of "religious exercise" pursuant to the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA; 42 U.S.C.A. §§ 2000cc til sect.) (..Rt.,UIPA"), including detached Chapel employee housing and an enlarged meeting area; WHEREAS, in the early 1980s, Pitkin County relocated the entrance road ("Meadowood Road") into the Meadowood Subdivision on to the Property, and at the time the parties agreed a land swap ("Land Swap") would take place to compensate Aspen Chapel for the County's use of a portion of the Property for Meadowood Road; WHEREAS, the parties have never completed the Land Swap and the parties desire to do so prior to Aspen Chapel's additional development on the Property by finalizing a Lot Line Adjustment in the form of a Lot Line Adjustment Plat and associated deeds conveying the lands in question, said documents will be recorded the records of the Pitkin County Clerk and Recorder, WHEREAS, Pitkin County has identified the community goals of preserving the on-site parking on the Property protecting the scenic view area surrounding the Property in its discussions with Aspen Chapel regarding the development of the Property and, more particularly, the Lot Line Adjustment to finalize the Land Swap that has been contemplated by the parties; WHEREAS, as an element of the Land SNvap, Aspen Chapel has agreed to convey this restrictive covenant to and for the benefit of Pitkin County limiting the development and use of the Property in consideration of the completion of the Lot Line Actiustment between the parties. NOW THEREFORE, for and in consideration of the land conveyed by and to Pitkin County to Aspen Chapel and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Aspen Chapel hereby grants this Covenant and interest in the Property to and for the benefit of Pitkin County. Development of the Proverty. As part of its religious exercise pursuant to RLUIPA, 1 Aspen Chapel shall build a detached Chapel residence building, which may house a Chapel employee or official, and enlarge the lower level meeting space in the existing Chapel by adding onto the footprint as shown on Exhibit "B." Aspen Chapel shall be required to obtain a building pen -nit from Pitkin County and will share its development plans with Pitkin County prior to the commencement of any development on the Property. 2. Land Swap and Lot Line Adiustment. As a result of the Land Swap between the parties, Pitkin County will acquire the land underneath Meadowood Road as well as the "point" on the northeast side of Property as shown on Exhibit "B", which is 11,105.98 square feet in size. Aspen Chapel will acquire the second "tier" parking; area which has been leased to Aspen Chapel by Pitkin County for many years ("Second "bier Parking Area") and land on the north side of the Property as shown on Exhibit B which is 15,789.46 square feet in size. 3. Development Restrictions of the Aspen Chapel Property. A) Maintain Existing; Parkinv. The parties agree that Aspen Chapel will maintain the existing parking spaces on the Property in the amount of 64 spaces. The parking space count includes the spaces that exist on the Property itself (e.g. prior to the Lot Line Adjustment) and the parking spaces located in the Second Tier Parking Area which shall be conveyed to Aspen Chapel as part of the Lot Line Adjustment. Aspen Chapel shall be permitted, at is sole discretion, to convert 2 or 3 of the 24 parking spaces located to the north of the Chapel building to an area for a dumpster and recycling. B) Height Restriction. The development plans for Aspen Chapel include an expansion of the Chapel itself to create a larger meeting space on the Property. The parties agree that the height of the expansion shall be limited to the height of the lower edge of the existing Chapel roof. 4. RLUIPA. The provisions of this Covenant shall not deprive Aspen Chapel or it's successors or assigns from engaging in religious exercise pursuant to the Religious Land Use and Institutionalized Persons Act of 200 (RLUIPA; 42 U.S.C.A. § 2000cc et sect.). S. Enforcement. The provisions of this restrictive covenant shall constitute covenants that nun with the title to the Property for the benefit of Pitkin County Board of County Commissioners and shall be deemed to be an appurtenance to the title of such property. This restrictive covenant shall be fully enforceable by all parties hereto in an action at law or equity or both to secure compliance, including but not limited to, seeking; injunctive relief and/or specific performance requiring both parties, or its successors 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(s). The parties agree that this Covenant shall be interpreted in accord with Colorado and federal law and that the venue for any action to enforce or interpret the terms of this agreement shall be in the District Court, Pitkin County, Colorado, and/or the appropriate United States District Court. District of Colorado. 6. Costs and Liabilities. Aspen Chapel, its successors or assigns, retain all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation, upkeep, taxes and maintenance of the Property. 7. Attornev's Fees and Costs. In the event of any action or suit between the parties to enforce any of the agreements, covenants, or restrictions contained herein, the prevailing party in such action or suit, whether by final judgment or out-of-court settlement, shall recover from the other party all costs and 2 expenses of such action or suit including reasonable attorney's fees. 8. Mediation. The parties agree any dispute related to or involving this Restrictive Covenant shall be subject to mediation in Pitkin County Colorado as a precondition to the filing of an action to enforce its terms. Once mediation is requested, the parties will participate in a mediation session within sixty (60) days after the requesting party provides a written demand to mediate to the other party. Such mediation shall be conducted by a mediator, who shall be a person licensed to practice law and knowledgeable in the area of dispute, jointly selected by the parties or, if no such agreement can be had, selected from the ,-- list of mediators maintained by Judicial Arbitration Mediation Services in the Denver, Colorado o f f i c c. 9. Modification. The terms of this restrictive covenant can only be modified by an amended restriction executed by both Aspen Chapel and Pitkin County or their Successors and assigns and recorded in the records of the Clerk and Recorder for Pitkin County, Colorado. 1 10. Savine-s Clause. The parties agree that any provision of this restrictive covenant is held to be invalid, nevertheless, the balance shall continue in full force and effect. Aspen Chapel of the Prince of Peace has caused this instrument to be executed this �day of ,20 tq ASPEN CHAPEL OF THE PRINCE OF PEACE Title: CO --<--qkQ he foregoing Restrictiv ovenant was acknowledged beforg me tjiiRk�� day of C J �tA pd on 1 20_ft by bel�k of the Aspen Chapel of the Prince of Peace. Notary Public My Commission Expires:--'t%,--F'.._ ALLISON ANDERSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID #200540228e1 MY CofnmkWm En*es June 20, 2024 ACCEPTED and AGREED to by Pitkin County this day of krl I V STATE OF COLORADO 2019 THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, a body corporate and politic and subdivision of ,,OieState of Colorado By: Name Its: r ss. COUNTY OF PITKIN This foregoing instrument was acknowledged before me this '5 eL day of Art 2019, as r, of THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, a body corporate and politic and subdivision of the State of Colorado. WITNESS my hand and official seal. My commission expires: r Notary ublic jaA.N . ..... E N'OTARV pL;BL,J, STKx*E 3,-. COL�,�o E EXHIBIT A Legal Description of Aspen Chapel Property (Pre -Lot Line Adjustment) A part of Lots 15 and 16 in Section 11, Township 10 South, Range 85 West of the 6'h P.M., described as follows: Beginning at a point from which the Southeast comer of said Section 11 bears South 3'12' East, 1566.7 feet; thence North 80*33' West, 95.7 feet; thence North 13'50' West, 109.6 feet; thence North 18'03' East, 230.8 feet; thence North 25'03' East, 71.5 feet; thence North 87'07', East 50 feet; thence South 2'53' East, 407.4 feet; thence South 87*07' West, 50 feet to the point of beginning 5 EXHIBIT B Lot Line Adjustment Plat QCCQOp Oyi u uzo! u on RECEPTIONM 662017, R: $0.00, D: $0.00 DOC CODE: COVENANTS Pg 1 of 6, 01/16/2020 at 12:68:64 PM Janice K. Vos Caudill, Pitkin County, CO ASPEN CHAPEL PROPERTY RESTRICTIVE COVENANT 604ru,& - oto. 3,,- l o/a- l3ote- By this deed, Aspen Chapel of the Prince of Peace ("Aspen Chapel") grants the following restrictive covenant ("Covenant") to and for the benefit of the Board of County Commissioners of Pitkin County, Colorado ("Pitkin County"), this 8th day of April 2019. WITNESSETH WHEREAS, Aspen Chapel is a Colorado not for profit corporation and chapel that owns approximately .5 acres of real property in unincorporated Pitkin County, with a street address of 77 Meadowood Drive, Aspen, Colorado, which is more particularly described in Exhibit "A" attached hereto (the "Property"); WHEREAS, the Property is developed with an existing chapel building ("Chapel") which has been used by Aspen Chapel for religious services, a gathering space and other related activities since 1967; WHEREAS, Aspen Chapel is proposing to build additional improvements on the Property which fall under the definition of "religious exercise" pursuant to the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA; 42 U.S.C.A. §§ 2000ec et seq.) ("RLUIPA"), including detached Chapel employee housing and an enlarged meeting area; WHEREAS, in the early 1980s, Pitkin County relocated the entrance road ("Meadowood Road") into the Meadowood Subdivision on to the Property, and at the time the parties agreed a land swap ("Land Swap") would take place to compensate Aspen Chapel for the County's use of a portion of the Property for Meadowood Road; WHEREAS, the parties have never completed the Land Swap and the parties desire to do so prior to Aspen Chapel's additional development on the Property by finalizing a Lot Line Adjustment in the tone of a Lot Line Adjustment Plat and associated deeds conveying the lands in question, said documents will be recorded the records of the Pitkin County Clerk and Recorder; WHEREAS, Pitkin County has identified the community goals of preserving the on-site parking on the Property protecting the scenic view area surrounding the Property in its discussions with Aspen Chapel regarding the development of the Property and, more particularly, the Lot Line Adjustment to finalize the Land Swap that has been contemplated by the parties; WHEREAS, as an element of the Land Swap, Aspen Chapel has agreed to convey this restrictive covenant to and for the benefit of Pitkin County limiting the development and use of the Property in consideration of the completion of the Lot Line Adjustment between the parties. NOW THEREFORE, for and in consideration of the land conveyed by and to Pitkin County to Aspen Chapel and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Aspen Chapel hereby grants this Covenant and interest in the Property to and for the benefit of Pitkin County. 1. Development of the Property. As part of its religious exercise pursuant to RLU IPA, 1 Aspen Chapel shall build a detached Chapel residence building, which may house a Chapel employee or official, and enlarge the lower level meeting space in the existing Chapel by adding onto the footprint as shown on Exhibit "B." Aspen Chapel shall be required to obtain a building permit from Pitkin County and will share its development plans with Pitkin County prior to the commencement of any development on the Property. 2. Land Swan and Lot Line Adiustment. As a result of the band Swap between the parties, Pitkin County will acquire the land underneath Meadowood Road as well as the "point" on the northeast side of Property as shown on Exhibit "B", which is 11,105.98 square feet in size. Aspen Chapel will acquire the second "tier" parking area which has been leased to Aspen Chapel by Pitkin County for many years ("Second Tier Parking Area") and land on the north side of the Property as shown on Exhibit B which is 15,789.46 square feet in size. 3. Develonment Restrictions of the Ashen Chanel Property. A) Maintain Existing Parking. The parties agree that Aspen Chapel will maintain the existing parking spaces on the Property in the amount of 64 spaces. The parking space count includes the spaces that exist on the Property itself (e.g. prior to the Lot Linc Adjustment) and the parking spaces located in the Second Tier Parking Area which shall be conveyed to Aspen Chapel as part of the Lot Line Adjustment. Aspen Chapel shall be pent-iitted, at is sole discretion, to convert 2 or 3 of the 24 parking spaces located to the north of the Chapel building to an area for a dumpster and recycling. B) Height Restriction. The development plans for Aspen Chapel include an expansion of the Chapel itself to create a larger mceting space on the Property. The parties agree that the height of the expansion shall be limited to the height of the lower edge of the existing Chapel roof. 4. RLUIPA. The provisions of this Covenant shall not deprive Aspen Chapel or it's successors or assigns from engaging in religious exercise pursuant to the Religious Land Use and Institutionalized Persons Act of 200 (RLUIPA; 42 U.S.C.A. § 2000ec et sett.). 5. Enforcement. The provisions of this restrictive covenant shall constitute covenants that run with the title to the Property for the benefit of Pitkin County Board of County Commissioners and shall be deemed to be an appurtenance to the title of such property. This restrictive covenant shall be fully enforceable by all parties hereto in an action at law or equity or both to secure compliance, including but not limited to, seeking; injunctive relief and/or specific performance requiring both parties, or its successors 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(s). The parties agree that this Covenant shall be interpreted in accord with Colorado and federal law and that the venue for any action to entbrce or interpret the terms of this agreement shall be in the District Court, Pitkin County, Colorado, and/or the appropriate United States District Court, District of Colorado. 6. Costs and Liabilities. Aspen Chapel, its successors or assigns, retain all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation, upkeep, taxes and maintenance of the Property. 7. Attornev's Fees and Costs. In the event of any action or suit between the parties to enforce any of the agreements, covenants, or restrictions contained herein, the prevailing party in such action or suit, whether by final judgment or out-of-court settlement, shall recover from the other party all costs and 2 expenses of such action or suit including reasonable attorney's fees. 8. Mediation. The parties agree any dispute related to or involving this Restrictive Covenant shall be subject to mediation in Pitkin County Colorado as a precondition to the filing of an action to enforce its terms. Once mediation is requested, the parties will participate in a mediation session within sixty (60) days after the requesting party provides a written demand to mediate to the other party. Such mediation shall be conducted by a mediator, who shall be a person licensed to practice law and knowledgeable in the area of dispute, jointly selected by the parties or, if no such agreement can be had, selected from the list of mediators maintained by Judicial Arbitration Mediation Services in the Denver, Colorado o f f i c e. 9. Modification. The terms of this restrictive covenant can only be modified by an amended restriction executed by both Aspen Chapel and Pitkin County or their successors and assigns and recorded in the records of the Clerk and Recorder for Pitkin County, Colorado. 10. Savings Clause. The parties agree that any provision of this restrictive covenant is held to be invalid, nevertheless, the balance shall continue in full force and effect. Aspen Chapel of the Prince of Peace has caused this instrument to be executed this '5day of ZG(Z, , 20 ASPEN CHAPEL OF THE PRINCE OF PEACE Title: C 0 —'C 4,1 -t 2 /k5 p /Gt\/feR, (� he foregoing Restrictiv�ovenant wj� acknowledged befor ,me tai day of i 4—Y�/1� , 20 _ by I . 1 (r��hP/ l-��et � �- c on belAlf of the Asnen Chanel of the Prince of Peace. (fu S s My Commission Expires (j� Notary Public ALLUM ANDERSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20064022861 Mr COmnwe" Et mi June 20, 2021 ACCEPTED and AGREED to by Pitkin County this day of 41 t 2019. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, a body corporate and politic and subdivision ofthe'State of Colorado Name/) Its: L-1 r STATE OF COLORADO ss. COUNTY OF PITKIN ) / This foregoing instrument was acknowledged before me this g� day of gr( 1 2019, as r of THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, a body corporate and politic and subdivision of the State of Colorado. WITNESS my hand and official seal. My commission expires: I Notary ublic J� 4 EXHIBIT A Legal Description of Aspen Chapel Property (Pre -Lot Line Adjustment) A part of Lots 15 and 16 in Section 11, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at a point from which the Southeast corner of said Section 11 bears South 3 ° 12' East, 1566.7 feet; thence North 80°33' West, 95.7 feet; thence North 13°50' West, 109.6 feet; thence North 18°03' East, 230.8 feet; thence North 25°03' East, 71.5 feet; thence North 87°07', East 50 feet; thence South 2°53' East, 407.4 feet; thence South 87°07' West, 50 feet to the point of beginning 5 EXHIBIT B Lot Line Adjustment Plat acOrdPcl 0-1 " 6o le l2-4 poy ► I - lZ A49Ce(3� �vYn .j 1919201 1p On J G,Y-1uG rv, I L.A I ZO ZO