HomeMy WebLinkAboutbocc.con.234.21 - BOCC RECEPTION#: 682520, R: $0.00, D: $0.00, 12/02/2021 at 05:8 :28 AM, Pgs 1 of 6, Janice K. Vos Caudill, Pitkin County, CO
Contract No. 234.2021
Attached
._ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING AN AMENDMENT TO RESOLUTION NO. 016-2021 FOR
°' CHAPARRAL ASPEN HOMESTEAD 7 LLC AND CHAPARRAL HOMESTEAD 8 LLC
0
U
Resolution No. 074-2021
-H
RECITALS
1. Pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter ("HRC"), all matters not
required to be acted upon by ordinance or formal resolution may be acted upon by informal
resolution.
0
2. Chaparral Homestead 7 LLC and Chaparral Homestead 8 LLC ("Applicant") have applied to the
o Pitkin County Board of County Commissioners (`BOCC") to request an amendment to Resolution No.
?' 016-2021, pursuant to Land Use Code Sec. 2-20-150, as it relates to the optional transfer of
c development rights between Chaparral Homesteads 7 and 8. The Applicant proposes to sterilize
Homestead 8 and develop a residence of 10,000 square feet of gross floor area on Homestead 7,
utilizing two transferable development rights ("TDRs"), each valued at 5,000 square feet.
3. Chaparral Homesteads 7 and 8 are zoned RS-20. Chaparral Aspen Homestead 7 contains 36.04
acres, and Chaparral Aspen Homestead 8 contains 35.65 acres.
4. BOCC approved the Braun Ranch Settlement Agreement pursuant to Resolution No. 158-2000,
following denial of a development application, litigation and the resulting District Court Order.
Resolution No. 158-2000 contains the terms and conditions for development of the Homestead Parcels
(10 residential parcels and a common parcel —Homestead 11A). Based on these approvals,
Homesteads 7 and 8 were each allowed to build up to 9,750 square feet — 5,000 square feet above grade,
4,000 square feet below grade and 750 square feet of garage space —with the surrender of one TDR (for
the initial 5,000 square feet; and no TDRs required for the below grade and garage space).
5. BOCC granted an extension of vested rights for all of the Chaparral Homesteads, pursuant to Resolution
No. 016-2021. Condition #5H and #5I specify the Growth Management exemptions provided for
Homesteads 7 and 8, as follows:
The aggregate floor area of dwelling units on the Homesteads shall not exceed 80,875 square feet,
with, on a per unit basis, up to 2,500 square feet of below grade space and 750 square feet of garage
space. Garages may exceed 750 square feet, but any garage space in excess of 750 square feet shall
count as floor area. The gross floor area for each Homestead is exempt from Growth Management
and limited as specified below. For the Homesteads requiring TDRs, the first TDR is valued at 5,000
square feet of floor area, and TDRs for additional floor area in excess of 5,000 square feet are valued
at 2,500 square feet offloor area. A GMQS allotment may not be applied for to replace the use of
TDRs.
H. Homestead 7: 8,000 square feet of gross floor area exempt from Growth Management
through the use of TDRs, including 4, 750 square feet of floor area; 2,500 square feet of
below grade space and 750 square feet of garage space. OR 12, 750 square feet of gross
floor area (9,500 square feet of floor area; 2,500 square feet of below grade space; and 750
RECEPTION#: 683120, 12/02/2021 at 11 :34:28 AM, Pgs 2 of 9, Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 074-2021
Page 2
square feet of garage space) if Homestead 8 is sterilized by Covenant from any future
development.
I. Homestead 8: 8,000 square feet of gross floor area exempt from Growth Management
through the use of TDRs, including 4, 750 square feet of floor area; 2,500 square feet of
below grade space and 750 square feet of garage space.
6. The BOCC heard this application at a regular meeting on November 3, 2021, at which time evidence
and testimony were presented with respect to this application.
7. The BOCC finds that Resolution No. 016-2021, as written, only contemplated transfer of 4,750 square
feet of floor area to Homestead 7 to develop a larger residence, if Homestead 8 was sterilized, and did
not provide for the initial TDR value of 5,000 square feet from Lot 8 to transfer to Lot 7. The
approval states that only the first TDR used on any Homestead is valued at 5,000 square feet.
8. The BOCC finds that the proposed amendment complies with Sec. 2-20-150, based on the following:
A. Lot 8 will be sterilized against future development, which eliminates 8,000 square feet of gross
floor area, and the disturbance and scenic impacts associated with developing on the lot.
B. The gross floor area on Homestead 7 will be limited to a maximum of 10,000 square feet — 9,500
square feet of floor area and 500 square feet for a garage.
C. The "transfer" of the initial development right from Homestead 8 to Homestead 7 shall
allow for the use of two TDRs on Homestead 7, each valued at 5,000 square feet, to
develop the 10,000 square foot gross floor area.
D. The amendment benefits the public by sterilizing one lot, further reducing the gross floor area,
and reducing environmental and scenic impacts.
9. The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this
Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby approve an amendment to BOCC Resolution No. 16-2021 for
Chaparral Aspen Homesteads 7 and 8, subject to the following conditions, which shall run with the land and
be binding on all successors in interest:
1. The Applicant shall adhere to all material representations made in the current or prior applications or in
public meetings or hearings and shall consider those representations to be conditions of approval, unless
amended by other conditions.
2. The conditions of BOCC Resolution No. 16-2021 shall remain in full force and effect, except as
amended herein.
3. Condition No. 5 of BOCC Resolution No. 16-2021 is replaced with the following:
4. The aggregate floor area of dwelling units on the Homesteads shall not exceed 80,875 square feet,
with, on a per unit basis, up to 2,500 square feet of below grade space and 750 square feet of garage
space (except as specified below). Garages may exceed 750 square feet (or 500 square feet on
Homestead 7), but any garage space in excess of 750 square feet (or 500 square feet on Homestead 7)
shall count as floor area. The gross floor area for each Homestead is exempt from Growth
Management and limited as specified below. For the Homesteads requiring TDRs, the first TDR is
RECEPTION#: 683120, 12/02/2021 at 11 :34:28 AM, Pgs 3 of 9, Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 074-2021
Page 3
valued at 5,000 square feet of floor area, and TDRs for additional floor area in excess of 5,000 square
feet are valued at 2,500 square feet of floor area; except on Homestead 7, where the first and second
TDRs are valued at 5,000 square feet of floor area. A GMQS allotment may not be applied for to
replace the use of TDRs.
A. Homestead 1A: 2,500 square feet of floor area exempt from Growth Management for
Preservation of Historic Structure for an addition to the existing residence.
B. Homestead 1B: 12,750 square feet of gross floor area exempt from Growth Management for
Preservation of Historic Structure, including no more than 9,500 square feet of floor area; 2,500
square feet of below grade space and 750 square feet of garage space.
C. Homestead 2: 10,375 square feet of gross floor area exempt from Growth Management through
the use of TDRs, including 7,125 square feet of floor area; 2,500 square feet of below grade
space and 750 square feet of garage space. [These limits apply if the building permit submitted
2/2/21 expires]
D. Homestead 3: 12,750 square feet of gross floor area exempt from Growth Management for
Preservation of Historic Structure, including no more than 9,500 square feet of floor area; 2,500
square feet of below grade space and 750 square feet of garage space. [These limits apply if the
building permit submitted 2/26/20 expires]
E. Homestead 4: 10,375 square feet of gross floor area exempt from Growth Management through
the use of TDRs, including 7,125 square feet of floor area; 2,500 square feet of below grade
space and 750 square feet of garage space.
F. Homestead 5: 12,750 square feet of gross floor area exempt from Growth Management for
Preservation of Historic Structure, including no more than 9,500 square feet of floor area; 2,500
square feet of below grade space and 750 square feet of garage space.
G. Homestead 6: 12,750 square feet of gross floor area exempt from Growth Management through
the use of TDRs, including 9,500 square feet of floor area; 2,500 square feet of below grade
space and 750 square feet of garage space.
H. Homestead 7: 10,000 square feet of gross floor area exempt from Growth Management through
the use of TDRs, including 9,500 square feet of floor area and 500 square feet of garage space.
I. Homestead 8: Sterilized - no development.
J. Homestead 9: 12,750 square feet of gross floor area exempt from Growth Management for
Preservation of Historic Structure, including no more than 9,500 square feet of floor area; 2,500
square feet of below grade space and 750 square feet of garage space.
K. Homestead 10: 10,375 square feet of gross floor area exempt from Growth Management through
the use of TDRs, including 7,125 square feet of floor area; 2,500 square feet of below grade
space and 750 square feet of garage space.
5. Within 90 days of the date of this approval, the Applicant shall submit for recordation a Restrictive
Covenant sterilizing Chaparral Homestead 8 against future development, as that term is currently
defined in the Land Use Code, in perpetuity. The Covenant shall be reviewed as to form and content
by the County Attorney and Community Development Director, prior to recordation.
RECEPTION#: 683120, 12/02/2021 at 11 :34:28 AM, Pgs 4 of 9, Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 074-2021
Page 4
APPROVED AND ADOPTED on the 3rd day of November, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Attibt eati havdatits 6tibi
Julia Ely, Kelly McN cholas Kury, Chair
Deputy Clerk and Recorder
Date: Nov-11-2021
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, Cindy Houben,
County Attorney Community Development Director
Case # PLAN. 1570.2021
PID #s 2643-091-01-007 & 2643-091-01-008
RECEPTION#: 683120, 12/02/2021 at 11 :34:28 AM, Pgs 5 of 9, Janice K. Vos Caudill, Pitkin County, CO
RESTRICTIVE COVENANT AND TRANSFER OF DEVELOPMENT RIGHTS
This Restrictive Covenant and Transfer of Development Rights is made and entered into
this 1st day ofDecember 2021, by Chaparral Homestead 8 LLC, a Colorado limited liability
company ("Grantor" or "Owner"), whose address is P.O. Box 456, Woody Creek, Colorado 81656
for the benefit of the Board of County Commissioners of Pitkin County, Colorado, whose address
is 530 East Main St., Suite 302, Aspen, Colorado, 81611 ("Grantee" or "BOCC").
RECITALS
A. Grantor is the owner of Homestead 8 ("Homestead 8"), Chaparral Aspen, according
to the Subdivision Exemption Plat and 1041 Hazard Review Site Plan Chaparral Aspen recorded
August 15, 2001 in Plat Book 58 at Page 41 and First Amendment recorded October 15, 2002 in
Plat Book 62 at Page 99, all in the records of the Clerk and Recorder for Pitkin County, Colorado.
B. On February 24, 2021 , the BOCC approved an application for an extension of
Vested Real Property Rights for Chaparral Aspen Homesteads 1-11 A and Chaparral Remote
Parcels 1-10 as set forth in BOCC Resolution No. 16-2021.
C. Among other matters, BOCC Resolution No. 16-2021 provided that the owner of
Homestead 8 may transfer development rights associated with Homestead 8 to the adjacent lot,
Homestead 7, Chaparral Aspen ("Homestead 7"). In such instance, BOCC Resolution No 16-2020
requires that Homestead 8 be sterilized from any future development.
D. On November 3, 2021, the BOCC approved Resolution No. 074-2021, which
amended and clarified Resolution No. 16-2021 with regard to what development rights associated
with Homestead 8 could be used for development of Homestead 7. In clarifying the prior
Resolution, BOCC Resolution No. 074-2021 continued to require Homestead 8 be sterilized from
any future development as part of the transfer of development rights to Homestead 7.
E. Grantor wishes to transfer certain development rights, as set forth below, from
Homestead 8 to Homestead 7 and sterilize Homestead 8 from any future development in
accordance with Resolution Nos. 16-2021 and 074-2021 .
NOW, THEREFORE, in consideration of the mutual promises and obligations contained
herein, the Grantor hereby covenants and agrees as follows:
1 . Grantor hereby transfers, conveys and assigns the development rights associated
with Homestead 8 to Homestead 7, which may be used to develop Homestead 7, as follows:
a. 10,000 square feet of gross floor area exempt from Growth Management
through the use of two (2) TDRs, including 9,500 square feet of floor area,
and 500 square feet of garage space.
2. Grantor hereby covenants that Homestead 8 shall not be used for any further
development, as that term is defined in the Pitkin County Land Use Code, and shall remain in a
vacant, undeveloped condition, except that the existing hay storage structure and fenced area
RECEPTION#: 683120, 12/02/2021 at 11 :34:28 AM, Pgs 6 of 9, Janice K. Vos Caudill, Pitkin County, CO
located in the western portion of the Homestead 8 may remain in its current location and may be
repaired and maintained in its current condition.
3. Grantor understands and affirms it is Grantor's desire that the development rights
conveyed herein shall be used for the development of Homestead 7 and no future development
may be located on Homestead 8.
4. In the event that Homestead 7 and Homestead 8 are ever merged or become one lot
or parcel, this Covenant shall continue to burden Homestead 8 and the land area making up the
same.
5. The covenants contained in this Covenant and Transfer of Development Rights
shall run with the land and shall be binding upon Grantor and its respective grantees, successors,
and assigns.
6. This Agreement shall be recorded in the real property records maintained by the
Pitkin County, Colorado Clerk and Recorder.
REMEDIES
7. There is hereby reserved to the parties hereto any and all remedies provided by law
for breach of this Agreement or any of its terms.
8. Each and every conveyance of the Property, for all purposes, shall be deemed to
include and incorporate by this reference, the covenants herein contained, even without reference
therein to this Agreement.
9. In the event that the Owner fails to cure any breach, the County may resort to any
and all available legal action, including, but not limited to, specific performance of this Agreement.
GENERAL PROVISIONS
10. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be hand-delivered or sent by registered or certified regular mail, postage pre-paid to the
addresses of the parties as follows. Each party by notice sent under this paragraph may change the
address to which future notices should be sent. Electronic delivery of notices shall also be deemed
sufficient and considered delivered upon receipt of confirmation of delivery on the part of the sender.
To County: Pitkin County Manager
530 East Main, Suite 301
Aspen, Colorado 81611
jon.peacock@pitkincounty.com
With copies to: Pitkin County Attorney's Office
530 East Main, Suite 302
Basalt, Colorado 81621
attorney@pitkincounty.com
RECEPTION#: 683120, 12/02/2021 at 11 :34:28 AM, Pgs 7 of 9, Janice K. Vos Caudill, Pitkin County, CO
To Owner: Chaparral Homestead 8 LLC
P.O. Box 456
Woody Creek, Colorado 81656
With copies to: Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C.
533 E. Hopkins Ave., Third Floor
Aspen, CO 81611
9. Exhibits. Any exhibits attached hereto are incorporated herein and by this reference, made
a part hereof.
10. Severability. Whenever possible, each provision of this 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
invalidating the remaining provisions of such document.
11. Choice of Law. This Agreement and each and every related document are to be governed
and construed in accordance with the laws of the State of Colorado.
12. Successors. Except as otherwise provided herein, the provisions and covenant contained
herein shall inure to and be binding upon the heirs, successors and assigns of the parties.
13. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this
Agreement shall be valid against any party hereto except on the basis of a written instrument
executed by the parties to this Agreement. However, the party for whose benefit a condition
is inserted herein shall have the unilateral right to waive such condition, provided that such
waiver is in writing.
14. 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.
15. 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.
16. Further Actions. The parties to this Agreement agree to execute such tirther documents and
take such further actions as may be reasonably required to carry out the provisions and intent
of this Agreement or any agreement or document relating hereto or entered into in connection
herewith.
RECEPTION#: 683120, 12/02/2021 at 11 :34:28 AM, Pgs 8 of 9, Janice K. Vos Caudill, Pitkin County, CO
17. Modifications. The parties to this Agreement agree that any modifications of this Agreement
shall be effective only when made by writings signed by both parties and recorded with the
Clerk and Recorder of Pitkin County, Colorado.
18. Attorney Fees. In the event of any litigation arising hereunder, the prevailing parties shall
be entitled to the award of the costs thereof, together with reasonable attorney fees.
[Attestation page(s) follow]
RECEPTION#: 683120, 12/02/2021 at 11 :34:28 AM, Pgs 9 of 9, Janice K. Vos Caudill, Pitkin County, CO
IN WITNESS HEREOF, the Grantor has executed this instrument on the day and year
written above.
CHAPARRAL HOMESTEAD 8 LLC,
a Colorado li 'ted liability company
By:
Anne Marie McPhee, Authorized Agent
STATE OF QOO1O¼dO }
COUNTY OF (AU�2
}
SUBSCRIBED AND SWORN to before me this day of 2021 , by
Anne Marie McPhee, Authorized Agent of Chaparral Homestead 8 LLC, a Colorado limited
liability company.
WITN;I my hand and official heal.
Notary Public
My commission expires: a` ( fa--1
_
ACCEPTED by the Community Development Director this lstday of December , 2021,
pursuant to Board of County Commissioners Ordinance No. 032-2017:
w� , bt
Suzanne Wolff, Assistant Director
APPROVED AS TO FORM
Richard Y. Neiley III, Assistant County Attorney
RECEPTION#: 683121, R: $0.00, D: $0.00, 12/02/2021 at 12:13:39 PM, Pgs 1 of 5, Janice K.Vos Caudill, Pitkin County, CO
Contract No. 234.2021
RESTRICTIVE COVENANT AND TRANSFER OF DEVELOPMENT RIGHTS
This Restrictive Covenant and Transfer of Development Rights is made and entered into
this 1st day ofDecember 2021, by Chaparral Homestead 8 LLC, a Colorado limited liability
company("Grantor"or"Owner"),whose address is P.O. Box 456,Woody Creek,Colorado 81656
for the benefit of the Board of County Commissioners of Pitkin County, Colorado, whose address
is 530 East Main St., Suite 302, Aspen, Colorado, 81611 ("Grantee" or`BOCC").
RECITALS
A. Grantor is the owner of Homestead 8 ("Homestead 8"),Chaparral Aspen,according
to the Subdivision Exemption Plat and 1041 Hazard Review Site Plan Chaparral Aspen recorded
August 15, 2001 in Plat Book 58 at Page 41 and First Amendment recorded October 15, 2002 in
Plat Book 62 at Page 99, all in the records of the Clerk and Recorder for Pitkin County, Colorado.
B. On February 24, 2021, the BOCC approved an application for an extension of
Vested Real Property Rights for Chaparral Aspen Homesteads 1-11A and Chaparral Remote
Parcels 1-10 as set forth in BOCC Resolution No. 16-2021.
C. Among other matters, BOCC Resolution No. 16-2021 provided that the owner of
Homestead 8 may transfer development rights associated with Homestead 8 to the adjacent lot,
Homestead 7, Chaparral Aspen("Homestead 7"). In such instance,BOCC Resolution No 16-2020
requires that Homestead 8 be sterilized from any future development.
D. On November 3, 2021, the BOCC approved Resolution No. 074-2021, which
amended and clarified Resolution No. 16-2021 with regard to what development rights associated
with Homestead 8 could be used for development of Homestead 7. In clarifying the prior
Resolution, BOCC Resolution No. 074-2021 continued to require Homestead 8 be sterilized from
any future development as part of the transfer of development rights to Homestead 7.
E. Grantor wishes to transfer certain development rights, as set forth below, from
Homestead 8 to Homestead 7 and sterilize Homestead 8 from any future development in
accordance with Resolution Nos. 16-2021 and 074-2021.
NOW,THEREFORE, in consideration of the mutual promises and obligations contained
herein, the Grantor hereby covenants and agrees as follows:
1. Grantor hereby transfers, conveys and assigns the development rights associated
with Homestead 8 to Homestead 7, which may be used to develop Homestead 7, as follows:
a. 10,000 square feet of gross floor area exempt from Growth Management
through the use of two (2) TDRs, including 9,500 square feet of floor area,
and 500 square feet of garage space.
2. Grantor hereby covenants that Homestead 8 shall not be used for any further
development, as that term is defined in the Pitkin County Land Use Code, and shall remain in a
vacant, undeveloped condition, except that the existing hay storage structure and fenced area
RECEPTION#: 683121, 12/02/2021 at 12:13:39 PM, Pgs 2 of 5, Janice K.Vos Caudill, Pitkin County, CO
located in the western portion of the Homestead 8 may remain in its current location and may be
repaired and maintained in its current condition.
3. Grantor understands and affirms it is Grantor's desire that the development rights
conveyed herein shall be used for the development of Homestead 7 and no future development
may be located on Homestead 8.
4. In the event that Homestead 7 and Homestead 8 are ever merged or become one lot
or parcel, this Covenant shall continue to burden Homestead 8 and the land area making up the
same.
5. The covenants contained in this Covenant and Transfer of Development Rights
shall run with the land and shall be binding upon Grantor and its respective grantees, successors,
and assigns.
6. This Agreement shall be recorded in the real property records maintained by the
Pitkin County, Colorado Clerk and Recorder.
REMEDIES
7. There is hereby reserved to the parties hereto any and all remedies provided by law
for breach of this Agreement or any of its terms.
8. Each and every conveyance of the Property, for all purposes, shall be deemed to
include and incorporate by this reference, the covenants herein contained, even without reference
therein to this Agreement.
9. In the event that the Owner fails to cure any breach, the County may resort to any
and all available legal action,including, but not limited to, specific performance of this Agreement.
GENERAL PROVISIONS
10. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be hand-delivered or sent by registered or certified regular mail, postage pre-paid to the
addresses of the parties as follows. Each party by notice sent under this paragraph may change the
address to which future notices should be sent. Electronic delivery of notices shall also be deemed
sufficient and considered delivered upon receipt of confirmation of delivery on the part of the sender.
To County: Pitkin County Manager
530 East Main, Suite 301
Aspen, Colorado 81611
j on.peacock@pitkincounty.com
With copies to: Pitkin County Attorney's Office
530 East Main, Suite 302
Basalt, Colorado 81621
attorney@pitkincounty.com
RECEPTION#: 683121, 12/02/2021 at 12:13:39 PM, Pgs 3 of 5, Janice K.Vos Caudill, Pitkin County, CO
To Owner: Chaparral Homestead 8 LLC
P.O. Box 456
Woody Creek, Colorado 81656
With copies to: Oates, Knezevich, Gardenswartz,Kelly &Morrow,P.C.
533 E. Hopkins Ave.,Third Floor
Aspen, CO 81611
9. Exhibits. Any exhibits attached hereto are incorporated herein and by this reference, made
a part hereof.
10. Severability. Whenever possible, each provision of this 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
invalidating the remaining provisions of such document.
11. Choice of Law. This Agreement and each and every related document are to be governed
and construed in accordance with the laws of the State of Colorado.
12. Successors. Except as otherwise provided herein, the provisions and covenant contained
herein shall inure to and be binding upon the heirs, successors and assigns of the parties.
13. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this
Agreement shall be valid against any party hereto except on the basis of a written instrument
executed by the parties to this Agreement. However,the party for whose benefit a condition
is inserted herein shall have the unilateral right to waive such condition, provided that such
waiver is in writing.
14. 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.
15. 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.
16. Further Actions. The parties to this 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 Agreement or any agreement or document relating hereto or entered into in connection
herewith.
RECEPTION#: 683121, 12/02/2021 at 12:13:39 PM, Pgs 4 of 5, Janice K.Vos Caudill, Pitkin County, CO
17. Modifications. The parties to this Agreement agree that any modifications of this Agreement
shall be effective only when made by writings signed by both parties and recorded with the
Clerk and Recorder of Pitkin County, Colorado.
18. Attorney Fees. In the event of any litigation arising hereunder, the prevailing parties shall
be entitled to the award of the costs thereof,together with reasonable attorney fees.
[Attestation page(s)follow]
RECEPTION#: 683121, 12/02/2021 at 12:13:39 PM, Pgs 5 of 5, Janice K.Vos Caudill, Pitkin County, CO
IN WITNESS HEREOF, the Grantor has executed this instrument on the day and year
written above.
CHAPARRAL HOMESTEAD 8 LLC,
a Colorado li 'ted liability company
By:
Anne Marie McPhee, Authorized Agent
STATE OF 0-o t 0r O )
COUNTY OF `(A 1t.(N .9 ))
SUBSCRIBED AND SWORN to before me this day of Ka 2021, by
Anne Marie McPhee, Authorized Agent of Chaparral Homestead 8 LLC, a Colorado limited
liability company.
WITNESS my hand a i official;seal.
t&C)'-<b
Notary Public
My commission expires: d`
ACCEPTED by the Community Development Director this lstday of December , 2021,
pursuant to Board of County Commissioners Ordinance No. 032-2017:
SIN3GLI JA). Okitqf
Suzanne Wolff, Assistant Director
APPROVED AS TO FORM
Richard Y. Neiley III,Assistant County Attorney