HomeMy WebLinkAboutbocc.con.083.22 - BOCC RECEPTION#: 684422, R: $0.00, D: $0.00, 01/19/2022 at 11:15:48 AM, Pgs 1 of 7,Janice K.Vos Caudill, Pitkin County, CO
Contract No. 083.2022 Parcel #247113300011
RESTRICTIVE COVENANT
COVENANT G�,ovenant" is made and entered this `- --day
THIS RESTRICTIVE � ('` }
of i;ter:::=a a °�+� 20 =k. by t ='.w,�- i;' c.`- = t 4 T-414-Grantor") for the benefit of the
Pitkin County Board of County Commissioners.
WITNESSETH
WHEREAS, Pitkin County. Colorado. a political subdivision of the State of Colorado
("Grantee"), has established a transferable development right ('`TER") system. Title 8 2006
Pitkin County Land Use Code. as may be amended from time to time (the "Land Use Code");
WHEREAS, Grantor is the fee simple owner of that certain real Property in Pitkin
County. Colorado that is more particularly described on Exhibit A attached hereto and made a
part hereof by this reference (the"Property");
WHEREAS. contemporaneously with the execution of this Restrictive Covenant.
Grantee is executing and delivering to Grantor irrevocable TDR certificate(s) bearing
Certificate No(s). i-Z-Z-
WHEREAS.the Grantor has represented that no development or improvements currently
exist on the Property; and
WHEREAS. in exchange for the issuance of said certificate(s) by Grantee and consistent
with the intent and stated purposes of the'1'DR system. Grantor is prepared to restrict and
covenant the Property against any future development, as that term is currently defined in the
Land Use Code. in perpetuity.
NOW. THEREFORE. for and in consideration of the issuance to Grantor of Certificate
No(s). jl�'•-O i-2:Z—5 Lk) and in consideration of the covenants, terms.
conditions, and restrictions hereinafter set forth and for other good and valuable consideration,
the receipt and sufficiency arc hereby acknowledged. Grantor does hereby grant and convey to
Grantee. forever and in perpetuity. an interest in the Property as set forth herein, for and in
consideration of the recitals and mutual covenants. terms. conditions and restrictions contained
herein:
]. Restrictive Covenant pertaining to the Property. Grantor hereby restricts the
Property in perpetuity against any and all future development, as defined in the Land Use Code.
commencing on the date of this Restrictive Covenant. Such restrictions shall include, but are not
limited to, the future development of any single family or other residential. commercial or
industrial structures. as well as the future development of any recreational uses. as well as any
change in the current existing use of the unimproved Property. Grantor acknowledges that any
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RECEPTION#: 684422, 01/19/2022 at 11:15:48 AM, Pgs 2 of 7,Janice K.Vos Caudill, Pitkin County, CO
Parcel#247113300011
future development right in the Property has been severed from the Property by operation of this
Restrictive Covenant.
3. Covenant running with the land: binding effect. The provisions of this
Restrictive Covenant shall constitute a covenant that runs with the title to the Property for the
benefit of the Grantee. its successors and assigns and shall be deemed an appurtenance to the title
to such land. Grantor and its successors, heirs, assigns and transferees acknowledge that the
TDR certificate(s) issued in consideration for this Restrictive Covenant is/are severed from the
Property and that any sale. lease or other transfer of title to the Property shall not constitute a
transfer of the TDR certificate(s)and any rights therein.
3. Permitted uses and activities. As owners of the Property. the Grantor retains the
right to perform any act consistent with the Land Use Code to the extent such act is not
prohibited or limited by the requirements of this Restrictive Covenant. These ownership rights
include, but are not limited to. the right to exclude any member of the public trespassing on the
Property and the right to sell, lease. or otherwise transfer the Property to anyone Grantor
chooses. Nothing herein shall be construed to be an approval by Grantee under the Land Use
Code for any purpose.
4. Enforcement and monitoring. This Restrictive Covenant and its terms and
representations shall he fully enforceable by Grantee. its successors. assigns and agents in any
action at law or equity or both. to secure compliance, including but not limited to. seeking
injunctive relief and/or specific performance requiring the Grantor, its successors or assigns to
cease and desist all activity in violation of the terms of this Restrictive Covenant and to return
the Property to its condition prior to any violation. Violation of any of the terms or
representations of this Restrictive Covenant may also result in the administrative cancellation of
the TDR certificate(s) by the Grantee. Moreover. Grantee and its successors, assigns and agents
shall be permitted access to. and to enter upon.the Property at reasonable times solely for the
purpose of monitoring, inspection, and if necessary. remediation in order to enforce and assure
compliance with the terms and conditions of this Restrictive Covenant.
5. Costs and liabilities. Grantor retains all responsibilities and shall bear all costs
and liabilities of any kind related to ownership.operation. upkeep. taxes and maintenance of the
Property, including but not limited to, costs associated with compliance with this Restrictive
Covenant. Grantee's acceptance of this Restrictive Covenant shall in no way be construed as an
assumption of any duties or liabilities associated with the Property and Grantor acknowledges
that by this Restrictive Covenant. Grantor continues to retain responsibility for any and all duties
and liabilities associated with the Property.
6. Subordination. At the time of the conveyance of this Restrictive Covenant. the
Grantor represents that the Property is not subject to any mortgage, deed o.{ trust, or judgment
lien, or any other instrument that might result in a foreclosure action that could affect the
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RECEPTION#: 684422, 01/19/2022 at 11:15:48 AM, Pgs 3 of 7,Janice K.Vos Caudill, Pitkin County, CO
Parcel#2471 1 330001 1
viability of this Restrictive Covenant and/or that Grantor has caused any such interest to be
subordinate to this Restrictive Covenant.
7. Incorporation of the Land Use Code. The Land Use Code, as may be amended
from time to time, and any terms or definitions contained therein, are hereby incorporated by this
reference in their entirety.
8. Prohibition against future TDR. Unless otherwise provided by the Land Use
Code and agreed upon by Grantee. Grantor shall not be entitled to any future. additional TDR
arising from ownership of the Property following the execution of this Restrictive Covenant.
9. Modification. The terms of this Restrictive Covenant can only be modified by an
amended covenant executed by both Grantor and Grantee and recorded in the records of the
Clerk and Recorder for Pitkin County. Colorado.
10. Venue and jurisdiction. Grantor and Grantee 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.
11. Attorney fees and costs. In the event of any action or suit between the parties
hereto or their successors and assigns to enforce any of the agreements, covenants or restrictions
contained herein,the prevailing party in any such action or suit, whether by final judgment or out
of court settlement, shall recover from the other party all costs and expenses of such action or
suit including reasonable attorney fees.
IN WITNESS WHEREOF, Grantor has executed this Restrictive Covenant as of the
date and year first written above.
Grantor
By: Dan G McNamara. Owner
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Parcel #247113300011
STATE OF TEXAS
COUNTY OF Tro,iLg
This instrument was acknowledged before me on bezei4es 9o4 (date) by
•Ne,Ant;(e _ (name of person or acknowledging).
Notary Public ""r
I 'tY�G'E- 014)Pi7Printed Name: �-
My Commission Expires:
ACCEPTED BY the Community Development Director this /6' day of -44--4A-b' . 202z,-
pursuant to Board of County Commissioners Ordinance No. 032-2017.
By: tizanne Wolff, Assi_taant Director
APPROVED AS TO FORM
RA41\1
I `
Richard Y. Neiley, Assistant County Attorney
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RECEPTION#: 684422, 01/19/2022 at 11:15:48 AM, Pgs 5 of 7,Janice K.Vos Caudill, Pitkin County, CO -`G` Zt(7/( 33 wo L 1
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h.tivie.t...
III TITLE. C:0MPANY
110 W Beaver Crick Blvd.,Suite 221,PO Brix 980
Avon,CO 8 1 6 20-119 8I1
]'home:;971i)949-94'97 Irax:
www.iitlecon)ekies.com
OWNERSHIP & ENCUMBRANCE REPORT
& INVOICE
Prepared Date: November 12,2021
for:
Order: 7 001243-0E
Ref:
PROPERTY IDENTIFICATION AND OWNERSHIP
Legal Description: A parcel of land situated in Sections 12 and 13 Township 8 South,Range 84 West of the 6th
Principal Meridian and Section 18.Township 8 South,Range 83 West of the 6th Principal
Meridian.County of Pitkin,State of Colorado.(With all bearings contained herein being
relative to a bearing of N 00°06'59"E.between the West 114 Corner of said Section 13 and
the Northwest Corner of said Section 13,both being Dept.of the Interior-B.L.M.Brass Caps
found in place).Said parcel of land being more particularly described as follows.
Beginning at the North 1/4 of said Section 13.a found Dept of the interior Brass Cap.thence
along the North-South centerline of said Section 13 S 00°11'12"E a distance of 1,303.88
feet to the N 1/16-Center Corner of Said Section 13:thence along the north line of the SE 1/4
NE 1/4 N 88°05'46"W.a distance of 1.316 55 feet to the NW 1/16 Corner of said Section 13;
thence along the west line of said SE 1/4 NE 1/4 S 00°02'07"E a distance of 1,301.98 feet
to the W 1/16-Center of said Section 13:thence along the west line of the NE'A SW 1/4 S
00'37'42"E.a distance of 1,326 56 feet to the SW 1/16 Corner of said Section 13,thence
along the south line of said NE 1/4 SW'A,S 88°13'48"E.a distance of 1.309 64 feet to the S
1/16-Center Corner;thence along the east line of said NE'A SW'A,N 00°11'12"W,a
distance of 1,321.31 feet to the Center?Corner of said Section 13:thence along the
East-West Centerline of said Section 13 S 88°01'08"E,a distance of 1,311.76 feet to the E
1116-Center Corner;thence along the east line of the NE 1/4 SE' S 00'11'34"E,a distance
of 1,316.11 feet to the SE 1/16 Comer of said Section 13;thence along the South line of said .'
NE'A SE'A S 88°14'45"E,a distance of 1,084.06 feet to Line 2-3 the Rockey mining claim
M S #5230,thence along tine 2-3 of said Rockey mining claim N 45°05'55"E.a distance of
73.11 feet to an existing barbed wire fence;thence along said existing barbed wire fence the
following four(4)courses'
1). S 87°27'41"E.a distance of 102 43 feet,thence
2). S 75°06'22"E.a distance of 71.98 feet;thence
3). S 36'22'10"E.a distance of 36.32 feet,thence
4). N 86°53'16"E.a distance of 189.72 feet to Line 1-4 of said Rockey mining claim,
thence along Line 1-4 of said Rockey mining claim N 45°05'55"E.a distance o1551 19 feet
to Corner No.4 of said Rocket'mining claim.also being Corner No.5 of the Mary N.mining
claim M.S.#5230:thence along Line 5-8 of said Mary N mining claim S 38°32'55"W,a
distance of 1,500.00 feet to Corner No.8 of said Mary N.mining claim;thence along Line 8-1
of said Mary N mining claim S 51°27'05'E,a distance of 285.59 feet to the intersection with
Line 10-11 of the Ella Lee mining claim M S #5230,thence along Line 10-11 of said Ella Lee
mining claim N 44°42'55"E.a distance of 134.13 feet to the intersection with Line 1-6 of said
Mary N mining claim:thence along Line 1-6 of said Mary N mining claim N 38°32'55"E.a
distance of 1.089 32 feet to the south line of Lot 27 also being described as the NW 1/4 SW
1/4 of Section 18 of said Township and Range,thence along the southerly line of said Lot 27
N 89°50'30"E,a distance of 645.39 feet to the Southwest corner of Lot 26 also being
described as the NE'A SW'A of said Section 18:thence along the southerly line of said Lot
26 N 89°50'30"E.a distance of 1,320 00 feet to the southeast corner of said Lot 26;thence
along the east line of said Lot 26 N 00°00'22"E.a distance of 954.18 feet to the intersection
of the Line 1-2 of the Gulch mining claim M S.#5241,thence along Line 2-3 of said Gulch
mining claim S 30'19'20"E,a distance of 263.71 feet to Corner No.2 of said Gulch mining
claim:thence along Line 2-3 of said Gulch mining claim N 59'40'40"E,a distance of
1,368.35 feet to Corner No 3 of said Gulch mining claim.thence along Line 3-4 N 30°19'20"
W.a distance of 252.21 feet to the intersection with Line 25-24 of the Last Chance No.1
mining claim M.S.#5231;thence along Line 25-24 of said Last Chance No 1 mining claim
and Line 21-22 of the Last Chance No.2 mining claim M.S #5231 N 19'56'59"W.a
distance of 459 40 feet to Corner 22 of said Last Chance No.2 mining claim also being
Corner No.4 of the Jo Peach mining claim M.S.#7241;thence along Line 4-3 of said Jo
Peach mining claim N 28'01'19"E.a distance of 53.40 feet to the intersection of Line 3-2 of
the Maud S.mining claim M.S.#5465;thence along Line 3-2 of said Maud S mining claim N l
28°40'41"W,a distance of 98.09 feet to Corner No.2 of said Maud S mining claim;thence
along Line 2.1 of said Maud S mining claim N 61'19'19"E.a distance of 149 33 feet to the
intersection with Line 4-3 of said Jo Peach mining claim;thence along Line 4-3 of said Jo
Peach mining claim N 28°01'19"E.a distance of 187 60 feet to Corner No
3 of said Jo Peach mining claim:thence along Line 3-2 of said Jo Peach mining claim S
72°47'40"W,a distance of 924.96 feet to the intersection of Line 3-2 of the Beehive mining
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RECEPTION#: 684422, 01/19/2022 at 11:15:48 AM, Pgs 6 of 7,Janice K.Vos Caudill, Pitkin County, CO r�� #ZY (i 33 000 l
claim M.S.#5231;thence along Line 3-2 of said Beehive mining claim N 54°06'42"E,a
distance of 1,129.08 feet to a point being 350.00 feet southwesterly of Corner No.2 of said
Beehive mining claim;thence N 10'45'12"W.a distance of 330.79 feet to Corner No. 1 of
said Beehive mining claim.thence along Line 1-4 of said Beehive mining claim S 54°06'42"
W.a distance of 1,487.70 feet to Corner No 4 of said Beehive mining claim;thence along a
line between Corner No
4 of said Beehive mining claim and Corner No 5 of the General Jackson mining claim M S.
#5231 N 70°57'11"W.a distance of 109.96 feet;thence along Line 5-6 of said General
Jackson mining claim N 54°06'42"E.a distance of 1,492.30 feet to Corner No.6 of said
General Jackson mining claim,thence along Line 6-7 of said General Jackson mining claim
N 68°56'41"W,a distance of 341 32 feet to Corner No.7 also being Corner No.10 of the
Goldsmith Maid mining claim M.S.#5231,thence along Line 10-11 of said Goldsmith Maid
mining claim N 70'5 P51"W.a distance of 364.50 feet to Corner No. 11 also being a point
on Line 33-32 of the Calcium mining claim M.S.#6300;thence along said Line 33-32 of said
Calcium mining claim N 54°06'42"E.a distance of 22.85 feet to Corner No.32 of said
Calcium mining claim;thence along Line 32-31 of said Calcium mining claim N 70°59'46"W,
a distance of 477 35 feet to Corner No.31:thence along Line 31-34 of said Calcium mining
claim S 19°00'14"W.a distance of 100 60 feet to Corner No.35 of the Idalia mining claim
M.S.#6300:thence along Line 35-39 of said Idalia mining claim N 70°50'21"W a distance
of 502 46 feet to the northeasterly corner of the Crowley Colorado Subdivision as recorded in
Plat Book 12 at Page 77 and 78 of the Pitkin County records;thence along the easterly.
southerly and westerly boundaries of said Crowley Colorado Subdivision boundary the
following Sixteen(16)courses:
1). S 04°57'34"W.a distance of 200.84 feet;thence
2). S 13°28'45"E.a distance of 119.30 feet•thence
3). S 13°15'14"E,a distance of 75.19 feet;thence
4). S 09°57'47"E.a distance of 255.75 feet;thence
5). S 11'25'28"W a distance of 260.66 feet;thence
6). S 42°44'S1"W,a distance of 31.54 feel;thence
7) N 71°48'07'W.a distance of 1,211.52 feet;thence
8) N 68°43'39"W.a distance of 211.32 feet;thence
9). N 72°21'57"W,a distance of 421.90 feet;thence
10). N 88°0110"W,a distance of 370 49 feet.thence
11). N 39°37'57"E.a distance of 419.40 feet;thence
12) N 39°12'11"E.a distance of 331.86 feet.thence
13). N 51°1658"E,a distance of 196.11 feet;thence
14). S 81°52'40"E,a distance of 235.32 feet.thence
15). S 89°59'22"E.a distance of 210.55 feet thence
16). S 83°21'00"E,a distance of 61.90 feet to the north line of the Pacific mining
claim M.S.#6300 also being on Line 40-43 of said Pacific mining claim;thence along said
Line 40-43 N 70'59'46"W:a distance of 455.17 feet to Corner No.43 of said Pacific mining
claim also being Corner No 44 of the Orpha mining claim M.S.#6300;thence along Line
44-47 of said Orpha mining claim N 88°17'46"W.a distance of 1,000.00 feet to Corner No
47 of said Orpha mining claim,thence along Line 47-46 of said Orpha mining claim S
19°04'14"W.a distance of 105.70 feet to the intersection with the easterly line of
Government Lot 2 of Section 12.Township S South,Range 84 West of the 6th Principal
Meridian as shown on the plat prepared by the U.S D.A Forest Service and accepted on
March 20,1989,thence along said easterly line of said Lot 2 N 00°12'06"W,a distance of
167.02 feet to the northeast corner of said Lot 2;thence along the northerly line of said Lot 2
N 88°10'39"W.a distance of 988 33 feet to the northwest corner of said Lot 2 also being the
Southwest comer of Lot 1 of said U.S.D.A Forest Service plat as accepted on March 20.
1989;thence N 00°13'59"W.a distance of 288.74 feet along the westerly line of said Lot 1
to a point on the centerline of Pitkin County Road No 104,also known as the Frying Pan
Road:thence along said centerline of County Road No.104 the following four(4)courses
1). N 68°16'52"W a distance of 143.14 feet;thence
2) a distance of 301.61 feet along the arc of a non-tangent curve to the left having a
radius of 1,182.58 feet and a central angle of 14°36'46"(chord bears N 76°36'38"W 300.79
feet);thence
3). a distance of 223.48 feet along the arc of a non-tangent curve to the left having a
radius of 534.85 feet and a central angle of 23°56'17"(chord bears S 81°24'18°W 221.84
feet):thence
4) S 69°35'29"W.a distance of 716 05 feet to an intersection with the North-South
centerline of said Section 12;thence
leaving said County Road No 104 and along the North-South centerline of Section 13.
Township 8 South,Range 84 West of the 6th Pnncipal Meridian S 00°23'16"E.a distance of
411.00 feet to the POINT OF BEGINNING.
EXCEPTING'
The following parcel of land being described as follows.
Said parcel of land being situated in the NE'A NE'A of Section 13,Township 8 South:Range
84 West of the 6th Principal Meridian and also being situated in Lot 2 of Section 12,
Township 8 South,Range 84 West of the 6th Principal Meridian as shown on the Plat
prepared by the U.S.D A.Forest Service as accepted on March 20,1989.With all bearings
contained 9 herein being relative to a bearing of N 00°06'59"E.between the West'corner
of said Section 13 and the Northwest corner of said Section 13,both being Dept of the
Interior-B L M.Brass Caps found in place Said excepted parcel being more particularly
described as follows:
Beginning at a point whence the Northeast Comer of said Section 13,bears S 76"30'04"E,
658.71 feet;thence more or less along a barbed wired fence the following five(5)courses
1). S 01°15'45"E.435 45 feet;thence
2). N 78°33'54"W 318.24;thence
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L,Asii:br5ln .4:•u:a,,:,r::r.r:.k,r.::r i..,.i,:v:.r::Cr r,..r i.d..:n.....nrrr,..r.:.i.,,,,, s.•::.r.:.....,e....e d r• end r.inm.,•,,,i+i.,,,c•+
RECEPTION#: 684422, 0111912022 at 11:15:48 AM, Pgs 7 of 7,Janice K.Vos Caudill, Pitkin County, CO iai'c�-\ 11 xz/ /13?,-4c co (
3) N 06`07'06"E 480 20 feel,thence
4) S 81°25'54"E, 137 06 feet,thence
5) S 53°43'54"E, 143.3E feet to the point of beginning.
Property Address: USES 520 Meredith,CO 81642 County: Pitkin,Colorado
Schedule/Parcet It 247113300011 I R006633
Owner's Name(s): Daniel Goodrich McNamara,JR
TITLE ABSTRACT
Trustees'Deed from Kay Nicholas Callison and UMB Bank, n a as Co•Trutees of the Nicholas Family Trust U/A
Dated December 31, 1974,as amended to Daniel Goodrich McNamara. JR recorded March 30,2006 at Reception
No 52;385
Quit Claim Deed from Kay Nicholas Callison and UMB Bank, n a as Co-Trutees of the Nicholas Family Trust UTA
Dated December 31, 1974 as amended to Daniel Goodrich McNamara,JR recorded March 30, 2006 at Reception
No 522386
NOTE: Please be advised that our search did not disclose any open Deeds of Trust of record.If you should
have knowledge of any outstanding obligation,please contact the Title Department immediately for further
review prior to closing.
Nothing Further of Record
Note This report covers Pitkin County,Colorado Real Estate Records
Through October 29,2021.
CHARGES FOR THIS REPORT AND DOCUMENTS ATTACHED
Description Charge - —_ Amount 1 Oty Total
1 . WOOF
Please return one copy of this report with your remittance Total Due: MO
payable to Title Company of the Rockies _
Disclaimer' Th,s report rvrlads the resuks Of a search of the c ounly records posted to the above described roat es+a+e only,and
dohs not necessan+y ref/err ervoluntary Dens or other matters which might be disclosed by a search on the iridrvidtral owner's jr
other names Shown hereinabove.The Title Company of the Rockias makes no warranty regard+no the aCeuracy of the information
herein provided.and further, shall not be treble ipr arty toss incurred by reason of the information reported in this report
THE DOCUMENTS INCLUDED WITH THIS REPORT ARE THE BEST COPIES AVAILABLE