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Home My WebLink Aboutbocc.con.212.23 - BOCCLYtIJ\7.v I,J.V.,4vd0./ 111111 11111 IHIl 11111 11111 11111 11111 101 111111 hill 11111 11111 1111111111111 RECEPTION#: 696829, R: $0.00, D: $0 00 DOC CODE: RESTRICTION Pg 1 of 7, 08/17/2023 at 02:18:50 PM Ingrid K. Grueter, Pitkin County, CO RESTRICTIVE COVENANT FOR THE USE OF AND AGREEMENT FOR AGRICULTURAL BUILDINGS THIS RESTRICTIVE COVENANT ("Restrictive Covenant") is made and entered this 04 clay of mg.= 2023, by Mainland Ranch P4 LLC ("Grantor" or "Owner"), concerning the property known as Four Suns Ranch, State Parcel 1 D If 264323300007, located in Pitkin County, for the benefit of the Pitkin County Board of County Commissioners ("County"). WITNESSETH WHEREAS, Grantor owns the real property more fully described in Exhibit A, ("Property"), which Property will contain an agricultural building as allowed pursuant to Sec. 5-20-70 of the Pitkin County Land Use Code. Said agricultural buildings will be located as shown in Building Permit No. BLDG.0110.2023, and shall contain 9,238 square feet of agricultural buildings, which are exempt floor area. This floor area shall be exempt from Floor Area and Growth Management calculations as allowed pursuant to Ordinance 11-2011. For the proposes of this Restrictive Covenant, the approved agricultural buildings and all appurtenances and fixtures associated therewith shall hereinafter be referred to as the "Agricultural Buildings"; and WHEREAS, this Restrictive Covenant imposes certain covenants upon the Property that restrict the Use of the Agricultural Buildings, as more particularly set forth herein. NOW, THEREFORE, for and in consideration of the covenants, terms, conditions, and restrictions hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency are hereby acknowledged, Grantor does hereby grant and convey to the County, forever and in perpetuity, an interest in the Property, for and in consideration of the recitals and mutual covenants, terms, conditions and restrictions contained herein: 1. Restrictive Covenant pertaining to Use of the Property. The Use of the Agricultural Buildings shall henceforth be limited to a Barn, used only for the shelter or enclosure of livestock, feed, or field equipment, or otherwise used in support of an on -site agricultural operation. An indoor riding arena shall not be considered a barn. 2. 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 as a burden thereon for the benefit of the County, its successors and assigns and shall be deemed an appurtenance to the title to such land. 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 Pitkin County Received ui.vv.v I vr.eiLlirid chooses. Nothing herein shall be construed to be an approval by Grantee under the Land Use Code for any purpose. 4. Enforcement and Inspection. This Restrictive Covenant and its terms and representations shall be fully enforceable by the County, 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. Moreover, the County and its successors, assigns and agents shall be permitted access to, and to enter upon, the Property at reasonable times upon at least 48 boors advance notice to the Grantor or Grantor's representative, solely for the purpose of monitoring, inspection,. and if necessary, remediatlon of the Agricultural Buildings 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 anyldnd related to ownership, operation, upkeep, taxes and maintenance of the Property, including but not limited to, costs associated with compliance with this Restrictive Covenant. The County'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. b. Subordination. Ai 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. 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. Modification. The terms of this Restrictive Covenant can only be modified by an amended covenant executed by both Grantor and County and recorded in the records of the Clerk and Recorder for Pitkin County, Colorado. 9. Venue and jurisdiction. Grantor and the County consent to venue and jurisdiction in the District Court for Pitkin County, Colorado for all matters concerning the interpretation and enforcement of this Restrictive Covenant. l t). Attorneys 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 substantially 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's fees. L.i16,V1.7.V IU1t.LVLtI 11. Section headings. Paragraph or section headings within this Restrictive Covenant are inserted solely for convenience of reference, and arc not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained heroin. 12. Further actions. The parties to this Restrictive Covenant 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 Restrictive Covenant or any agreement or document relating hereto or entered into in connection herewith. 13. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand -delivery or 2) registered or certified mail, postage pre- paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent, Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender, Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process, To Grantor: Mainland Ranch P4 LLC 15 E 26th St New York, NY 10010 don®whitesidemgmt.com To County: Pitkin County Manager 530 Bast Main Street Third Floor Aspen, CO 81611 1on.Peacock@pitkincounty.com With Copies To: Pitkin County Attorney 530 East Main Street Third Floor Aspen, CO 81611 attorney r(�pitklncounty.com LiLV V.V 1 1.161.'LVLV IN WITNESS WHEREOF, Grantor has executed this Restrictive Covenant as of the date and year first written above. Grantor: By: Mainland Ranch P4 LLC Date State of Colorado County of Pitkin 6/131 202,3 See Attached Acknowledgement The foregoing Restrictive Covenant was acknowledged before me this day of May, 2023 by Witness my hand and official seal My commission expires on: Notary Public ACCEPTED by the Community Development Director this 04 day of maim 2023, pursuant to Board of County Commissioners Ordinance No. 032-2017: S+,t»$t&M t i ddif Suzanne Wolff, Director APPROVED AS TO FORM Richard Y. Neitey, Assistant County Attorney t'bt� Caaat� Recetred fI uaLvv. 0 vav ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Francisco On June 13, 2023 before me, Anna Katherine Peterson, notary public (Insert name and title of the officer) personally appeared Louis Thorne who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) JUL ,' +n ANNAKATIERVI(PfERSON °0 { Notary Public - California San/random- „� Commission J 24KN�6 Icy Comm. t pares tier 9, 2027 IPitkiu County Received I LPI,VV.V IV't./LVAY Exhibit A 11 MMnw MM.w1ww}.104.vM,..lrww I III•11 1W 111.14011 1 J r .. • 14041 LEGAL DESCRIPTION: Subdivision: Flying Dog Ranch Exemption Parcel 1. Parcel 1 as depicted on the Flying Dog Ranch Subdivision Exemption Plat recorded in the Office of the Clerk and Recorder, Pitkin County as Reception No. 544790 in Plat Book 85 on Page 92. Pitkin County Received Li1.L/V.v I VY.AVL,.I Cyr r44scl ,I., M{YV.V110wiudduww.•+wuyni N41.44444 ri+w.4M►1roli YFf YMvLri dh/N�d rigrAl Al14 Pitkin Coney Received