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Home My WebLink Aboutbocc.con.261.23 - BOCCCOVENANT IN ASSOCIATION WITH THE PITKIN COUNTY 2019 RURAL AREA RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM ALLOTMENT FOR A NEW PARCEL TO VALLEY VIEW AJAX, LLC THIS COVENANT is made this 14th day of November, 20023, by VALLEY VIEW AJAX, LLC, a Colorado limited liability company (the "Owner"), whose address is Post Office Box 3123, Aspen, Colorado 81612, for the benefit of Pitkin County Board of County Commissioners (the "BOCC"), whose address is 530 East Main Street, Aspen, Colorado 81611. RECITALS: WHEREAS, the Owner owns certain real property located at TBD Loushin Road ("the Property"), legally described as Parcel 1, Valley View Ajax, LLC Subdivision Exemption Plat, a Portion of Iron Silver Placer M.S. No. 5963, Sections 30 and 31, Township 10 South, Range 84 West, Pitkin County, Colorado according to the Plat recorded in the office of the Clerk and Recorder of Pitkin County on August 22, 2019 in Plat Book 125 at Page 94 as Reception Number 658174 (hereinafter referred to as "the Plat"); and WHEREAS, the Property is zoned Rural -Remote ("RR") per the Pitkin County Land Use Code (the "Code"); and WHEREAS, on September 3, 2019, an application ("the Application") was submitted requesting a Growth Management Quota System (GMQS) allotment of 1,160 square feet of floor area for a future 1,000 square foot single-family residence and 160 square feet for an accessory structure located on the Property in the 2019 Rural Area Residential GMQS competition for new lots and parcels; and WHEREAS, via adoption of Resolution No. PZ-3-2020 (recorded at Reception No. 662972 of the Pitkin County real property records), the Planning and Zoning Commission of Pitkin County ("the Commission") awarded to the Property a score of 26 points to the application, which exceeded the minimum threshold score of 22 required in order to receive a GMQS allotment, and the minimum threshold score for each scoring category; and WHEREAS, the BOCC accepted the recommended scoring of the Commission at its meeting held on February 26, 2020, and awarded to the Property an allotment of 1,160 square feet of floor area (Resolution No. 011-2020, which was recorded at Reception No. 663357 of the Pitkin County real property records — the "BOCC Resolution"). NOW, THEREFORE, in consideration of the GMQS allocation granted by the BOCC, the Owner, the 1,160 square foot residential floor area allocation for the Property is conditioned upon, and no building permit to utilize the awarded square footage shall be IIN111III111IIIWIImIIIIIII111IIIII11111YN111111111 RECEPTION#: 699468, R: $48.00, D: $0.00 DOC CODE: COVENANTS Pg 1 of 8, 12/20/2023 at 02:19:06 PM Ingrid K. Grueter, Pitkin County, CO issued until this Covenant detailing the representations made in the Application and recognized by the Commission through the award of points has been recorded in the Pitkin County records and the conditions of Section 2.0, below, have been satisfied. 1.0 General The 1,160 square feet of floor area allotted to the Property in perpetuity may be allocated as up to 1,000 square feet for a free-market singlefamily cabin and up to 160 square feet for accessory structures, as specified in the BOCC Resolution. 2.0 Impacts on Public and Private Facilities and Services - Transit and Trails Systems; and, Achievement of Community Goals - Open Space Preservation 2.1 No wells shall be drilled on the Property. Domestic potable water shall be provided from existing springs. 2.2 Owner shall provide a dry hydrant and associated improvements from Loushin Reservoir for fire -fighting purposes. This shall be completed prior to, or concurrent with construction of a residential cabin on the Property; a Certificate of Occupancy shall not be issued until the dry hydrant and associated infrastructure has been completed. 2.3 Owner shall make a contribution of $8,000 to the Aspen Fire Protection District (AFPD). These funds shall be used at the discretion of the AFPD. 2.4 Owner shall make a contribution of $5,000 to the Pitkin County Public Works Department. These funds shall be used at the discretion of the Pitkin County Public Works Department for the County and Forest Service Rangers' enforcement of the prohibition of off -highway vehicles (OHVs) on certain roads and trails in the Richmond Ridge and Aspen Mountain area. 2.5 Owner shall make a contribution of $7,000 to the City of Aspen Parks Department. These dedicated funds shall be used at the discretion of the City of Aspen Parks Department for maintenance and improvements to the Ute Trail and facilities specifically associated with the Ute Trail. 3.0 Recordation Once fully executed, this Covenant shall be recorded in the office of the Pitkin County Clerk and Recorder. At any time after the satisfaction of all of the requirements of Section 2.0, Owner may prepare and provide to the County for its signature a document acknowledging the satisfaction of all requirements of Section 2.0, and releasing Owner from any further obligations under this Agreement and declaring this 2 Agreement of no further force and effect, and the County shall sign and deliver such document for recording. 4.0 Notices Notices to the parties shall forth below or to any other To the Owner: With Copy To: To Pitkin County: With Copy To: 5.0 Binding Effect be sent by United States certified mail to the address set address, which the parties may substitute in writing. VALLEY VIEW AJAX, LLC PO Box 3123 Aspen, CO 81612 Garfield & Hecht ATTN: Mary Elizabeth Geiger 901 Grand Avenue, Suite 201 Glenwood Springs, CO 81601 County Manager 530 East Main Street Aspen, Colorado 81611 Pitkin County Attorney 530 East Main Street Aspen, Colorado 81611 The provisions of this Covenant shall run with and constitute a burden on the Property and shall be binding on and inure to the benefit of the Owner and the County's successors, personal representatives, and assigns. 6.0 Amendment This Covenant may be altered or amended only by written instrument executed by the parties, upon approval by the Pitkin County Board of County Commissioners. 7.0 Severability If any of the provisions of this Covenant are determined to be invalid, it shall not affect the remaining provisions hereof. APPROVED AS TO FORM: 3 -1, 7 Suzan Wolff, Community velopment Director Pitkin County, Colorado APPROVED AS TO FORM: Pitkin County, Colorado ATTEST: 9 ►chard N c l , A s s.' S-tarrt~ Ccury P 1-c)?T`,`l BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO: CPT Jeariettnles-&tom cr- BOCC Cha Deputy Clerk and Recorder STATE OF C ORADO ) ) ss. COUNTY OF PIT ) The foregoing ins ment was ack !edged before me this day of 202_, by Jeanette Jones, - Deputy unty Clerk of Pitkin County, Coloardo. WITNESS my hand an . ial seal. My commission :# pires 4 Public VALLEY VIEW AJAX, LLC, a Colorado limi By: Jeffrey By: Brid ermith Manager Y g ,-,,Eio.)-, S' Shoaf, a liabili company STATE OF C lra 0 ) )ss. COUNTY OF Pi ) The foregoing instrument was acknowledged before me this ti + day of November , 202, by Jeffrey Shoaf as Manager of VALLEY VIEW AJAX, LLC, a Colorado limited liability company, Owner of the Property. Witness my hand and official seal. ray commission expires: I ( 1 i A Notary Public STATE OF ' 1 (O C) ) )ss. COUNTY OF P',4n ) ERIN EARLEY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 420164040104 My Commission Expires OctoOei 19, 2024 The foregoing instrument was acknowledged before me this 1 `i' day of jfii'(1° , 202 , by Bridger Smith as Manager of VALLEY VIEW AJAX, LLC, a Colorado limited liability company, Owner of the Property. Witness my hand and official se I. y commission expires: 4 0 j q Notary Public 5 , 20 Z'f ERIN EARLEY NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20164040104 My Common Expm October 19, 2024 VALLEY VIEW AJAX LLC GMQS Covenant EXHIBIT A ACKNOWLEDGEMENT (3 of 3) I hereby acknowledge receipt of funds in the amount of $7,000 from Valley View Ajax, LLC in satisfaction of the awarded new parcel allotment through the 2019 Rural Area Residential Growth Management Quota System (Case P072-19) commitment and the requirements of Pitkin County Planning and Zoning Commission Resolution No. PZ-1- 2020 (Reception No. 662742), condition number 5.D., which states that: "With a building permit application for a new residence, the Applicant shall: Submit the receipt for the cash payment of $7,000 to the City of Aspen Open Space and Trails Department to maintain and/or improve the nearby Ute Trail and associated parking facilities." Signatur e.,--:,2c,.e • Date: /( 2 ). r-Ev ,3iCg-2 By (Print Name and Title): �- EXHIBIT A ACKNOWLEDGEMENT (2 of 3) I hereby acknowledge receipt of funds in the amount of $8,000 from Valley View Ajax, LLC in satisfaction of the awarded new parcel allotment through the 2019 Rural Area Residential Growth Management Quota System (Case P072-19) commitment and the requirements of Pitkin County Planning and Zoning Commission Resolution No. PZ-1- 2020 (Reception No. 662742), condition number S.B., which states that: "With a building permit application for a new residence, the Applicant shall: Submit the receipt for the cash payment of $8,000 to the Aspen Fire Protection District to use at their discretion." Signature: By (Print Name and Title): ttl__ScitjaeA- nanC tiCih EXHIBIT A ACKNOWLEDGEMENT (1 of 3) I hereby acknowledge receipt of funds in the amount of $5,000 from Valley View Ajax, LLC in satisfaction of the awarded new parcel allotment through the 2019 Rural Area Residential Growth Management Quota System (Case P072-19) commitment and the requirements of Pitkin County Planning and Zoning Commission Resolution No. PZ-1- 2020 (Reception No. 662742), condition number 5.C., which states that: "With a building permit application for a new residence, the Applicant shall: Submit the receipt for the cash payment of $5,000 to the Pitkin County Public Works Department to assist with funding the USFS rangers' position to enforce the OHV ban on the backside of Aspen Mountain." Signature: Date: /!/z /z3 By (Print Name and Title): Ch7z, s' - .4.zoo oil