HomeMy WebLinkAboutbocc.ord.008.2019efva� 0, 3 3G -1 s- '&at e
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 III II 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 tt- DAY OF tk- 20-6 AND
SET FOR SECOND READING AND PUBLIC HEARING ON THE jj!�-DAY OF
nj a FL- 20 Iq
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY
OF t<L 20 —Iqt
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON
THE OFFICIAL PITKIN COUNTY WEBSITE (www.t)itkincountv.com ) ON THE
DAY OF 201-0
=DAYADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE OF
201 Q
PUBLISHED BY TITLE AND SHORT SUMAJARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE /11 +"A,, DAY OF P, 1) N I 20-4
1
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.j)itkincountv.com) ON THE WDAY OFAtu201C(.
ATTEST:
By:
Jean tie Jones
Dep t County Clerk
TO FORM:
Asstv (bounty Attorney
BOARD OF COUNTY COMMISSIONERS
By:
ti&6, E. a, -),d
7
Greg Poschman, Chair '06sc&4'A.,
Date:
MANAGER APPROVAL
By:
Jon lock, County Nfabager
2
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 Sections 11 and 12, Township 10 South, Range 85 West of the 6a' 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 N009 1'43"W the line between said Southwest Corner
Section 12 and Northwest Comer 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.
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GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004
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Aspen Chapel Area D. -6Y H8 Parcel 1 n
Pickin County,Colorado 0eL 12/13/2018 L
Appmwd. SH Church to Pitkin County
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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 11 and 12, Township 10 South, Range 85
West of the 6th 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 N00'1 1'43"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 line of Parcel C
Aspen Valley Hospital as recorded in Book 106 at Page 27; thence S 87007'00" 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°3652", the chord of which bears N 65°09'34" E
a distance of 72.77 feet; thence N 81°52'29" E a distance of 19.44 feet; thence N 8707'00" 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 N22105'51"E a distance of 52.00 feet
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12/19/2018
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GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004
-Exhibit -
Parcel 4 �
N87'01OVE
49.93'
Meadowood Subdivision
=ry
/ $ 4 'Church I Property'
Excepted from
Meadowoodl b.Filing 2
/ o m Book 4, Page 335
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Parcel 4
Church to R.O.W.
0.15 acres, 6,702.11 sq.ft
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1 1 0 8 R=125.83'
L=73.82' N81'52'29'E
Ch Brg=N65'09'34'E 19'44 N87Oi
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Pitkin County
Parcel ID 273512300854
Executors Deed
Book 300, Page 348
Rec. No. 175967
This line est, by
Parcel C Aspen Valley Ht
Book 106, Page 27
Rec. No. 608883
Not to Scale o�PDo l /cF
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12/19/2018
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Page No.
Aspen Chapel Area
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118 Wed SiA Sheol, Suite 200 Cms. 12/13/2018"2 Parcel 4
Glenwood Springs, CO 81601 Pitkin County, Colorado A L
+ 970.9451004 www.agm-inccom R6. Church to R.O.W.
of 2 �
ASPEN CHAPEL PROPERTY
RESTRICTIVE COVENANT
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 Coin missioners 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. §§ 2000cc 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 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 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.
Development of the Prooertv. As part of its religious exercise pursuant to RLUIPA,
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 Swag 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
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. Development Restrictions of tile Asoen Chapel Prooerty.
A) Maintain Existiria- 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 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 dunipster and recycling.
13) Height Restriction. The development plans for Aspen Chapel include an
expansion of the Chapel itself to create a larger meeting space oil the Property. The parties agree that the
L� -
height of the expansion shall be limited to tile 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 seq.).
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 all 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 perfbnnance requiring both pat -ties, 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 o-,vnership, operation, upkeep,
taxes and maintenance of the Property.
7. Attomev'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 judgi-nent 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 office.
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 frill force and effect.
Aspen Chapel of the Prince of Peace has caused this instrument to be executed this 46 day of
_-A�, 20 [q
ASPEN CHAPEL OF THE PRINCE OF PEACE
By:
Title: C
L\rThe foregoing Restrictiv ovenant wad acknowledged befor�,me tip day of
, 20 by � � (� � �) �� c % tt P on
belAlf of the v Aspen Chapel of the Prince of Peace.
P p �✓� S�s
My Commission Expires:
Notary Public
ALLISON ANDERSON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 0200540228e1
MY Ca Mftion Eom June 20, 2021
ACCEPTED and AGREED to by Pitkin County this day of kri � 2019
THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF PITKIN, a body corporate and politic and
subdivision of oac�State of Colorado
Name/
Its: C r
STATE OF COLORADO
ss.
COUNTY OF PITKIN )
This foregoing instrument was acknowledged before me this h--eL day of Art 2019,
14-21 �C - as r of THE BOARD OF COUNTY COMMISSIONERS OF
U
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:
t 14JTtY
STK
�5 � ♦ v, 1 1v J JJlri.t��vr'.
`Y3
Notary �ublic
1
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
E
EXHIBIT B
Lot Line Adjustment Plat
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1111111111111111111111111INIII111111IIIIIIIIIIIIIIII111111111 &M,�r6i.G�- �a• 33b. 2oj-*ote-
RECEPTION#: 662017, R: $0.00, D: $0.00
DOC CODE: COVENANTS
Pg 1 of 6, 01/16/2020 at 12:58:54 PM
Janice K. Vos Caudill, Pitkin County, CO ASPEN CHAPEL PROPERTY
RESTRICTIVE COVENANT
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. §§ 2000cc 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 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 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.
Development of the Provei-ty. As part of its religious exercise pursuant to RLU IPA,
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 Swat) and Lot Line Adiustment. As a result of the Land Swap between the patties,
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. Development Restrictions of the Aspen Chapel 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 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.
13) 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 seq.).
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 shalt 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 terns 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 office.
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. SavinQs 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 --� �+fi12 &5 Qt:7kJe kAVcR,
� he foregoing Restrictive -Covenant w acknowledged befor ,me t, i day of i
Y,�/1� , 20� by I �.+�hP L acrdon
beh9lf of the Aspen Chapel of the Prince of Peace. 11L4 Si
My Commission Expires. A,
641��04/-
Notary Public _
ALLISON ANDERSON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #20064022861
MY Comfr "Etw June 20, 2021
ACCEPTED and AGREED to by Pitkin County this day of 2019.
v
THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF PITKIN, a body corporate and politic and
subdivision of 'State of Colorado
Name/)
Its: �
STATE OF COLORADO
ss.
COUNTY OF PITKIN )
This foregoing instrument was acknowledged before me this g � day of grt 2019,
bye/ �c� iJ �✓ L�c Yui (� as r of THE BOARD OF COUNTY COMMISSIONERS OF
U _
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:
JE:`4aa V 4 d�
NOTARY PUBLCAdy°
A,fi vi
Notary ublic
J
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
EXHIBIT B
Lot Line Adjustment Plat
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