HomeMy WebLinkAboutbocc.ord.026.2008RECEPTION#: 553945, 10/31/2008 at
12:17:39 PM,
1 OF 3, R $0.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
AN ORDINANCE OF THE
BOARD OF COUNTY COMMISSIONERS
OF PITI{IN COUNTY, COLORADO, AUTHORIZING
PURCHASE OF THE TWO ARGEROS PARCELS COMPRISING
APPROXIMATELY TWENTY ACRES
ORDINANCE # 4~, SERIES OF 2008
RECITALS
1. The Voters of Pitkin County and the Pitkin County Commissioners established an
Open Space and Trails Fund for the purposes of preserving and providing open space
and trails resources in Pitkin County, and established an Open Space and Trails
Board of Trustees to guide the expenditure of those funds.
2. The Open Space and Trails Program is chazged with protecting public access to
waterways, scenic view planes, and habitat.
3. William Argeros owns two pazcels comprising approximately twenty acres which
include a trail connection to adjacent public lands, lazge boulders populaz with
climbers, and over 2000 feet of the east bank of the Crystal River.
4. The Argeros Parcels aze contiguous to national forest lands.
5. The Open Space and Trails Boazd passed a unanimous motion recommending this
acquisition to the Board of Count Commissioners on September 2, 2008.
NOW THEREFORE BE IT ORDAINED by the Boazd of County
Commissioners of Pitkin County, Colorado, that:
1. The Board approves an expenditure of $350,000 for the Property, and further
authorizes the Open Space Department to expend up to $5,000 on related
transaction costs.
2. Upon approval of the form by the Open Space Director and County Attorney,
the Chair is authorized to execute a contract for purchase of the Property,
which is contingent on the seller also securing two transferable development
rights prior to closing. The Chair is further authorized to execute other
documents as may be necessary to finalize this transaction.
3. The Board of County Commissioners hereby declares its official intent to
reimburse current expenditures from a future issuance of Pitkin County
a
general obligation bonds. The current expenditures to be reimbursed
include the purchase price and other acquisition costs for the Argeros
Property, and the maximum amount of bonds expected to be issued for this
project is $355,000.
4. That adjustments be made to the year 2008 budget as follows:
OPEN SPACE AND TRAILS FUND
Previous Revised
Budget This Chance Proi Budget
$ $ $
ArQeros Property Acquisition
Acquisition costs for the Argeros Property will
be reimbursed from a future issuance of
county general obligation bonds:
Bond proceeds(revenue) 0 355,000 355,000
Argeros property expenditure 0 355,000 355,000
4. Pursuant to the Pitkin County Home Rule Charter, section 13.5.3, as amended
11 /7/06, Pitkin County hereby declazes its intent to later convey a strip of land twenty feet
in width on the southwest boundary of the property, running from Redstone Boulevazd to
the Crystal River, to allow a lot line adjustment to conform to pre-existing land use.
INTRODUCED, FIRST READ, AND APPROVED ON THE 8th DAY OF
SEPTEMBER, 2008.
NOTICE OF PUB IC HEA~ LISHED IN THE ASPEN TIMES
WEEKLY ON THE DAY OF ~p r2008.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE 24`" DAY OF SEPTEMBER 2008.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE I9th~AY OF
~v
THIS ORDINANCE BECOMES EFFECTIVE ON !/ , 2008.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Ja atfield
Chairman
Date: ~~a~~08
-~
APPROVED AS TO FORM:
o
John JFly~
County A otf" rney
~r-;1
Hilary Fl
County b
vV
Da ill, Director
Open Space and Trails Program
3
RECEPTION#: 553947, 10131!2008 at
12:17:41 PM,
t of 5, R $0.00 Doc Code COVENANTS CONTRACT #-Op'
Janice K. Vos Caudill, Pitkin County, CO
RESTRICTIVE COVENANT
v
V.
THIS RESTRICTIVE COVENANT ("Covenant") is made and entered this ~ day
of ~C..~. 20~ by 1,c.7111~a~.G. ~~~te.ros ("Grantor") for the benefit of the
Pitkin County Boazd of County Commissioners.
WITNESSETH
WHEREAS, Pitkin County, Colorado, a political subdivision of the State of Colorado
("Grantee"), has established a transferable development right ("TDR") 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 r irrevocable TDR certificate(s) bearing
CertificateNo(s). BIZ-0`7-~8-L`-S1N ;
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 TDR system, Grantor is prepazed 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). ! Y1 ~ 7-"O $-C - 8 W ,and in consideration of the covenants, terms,
conditions, and restrictions hereinafter set forth and for other good and valuable consideration,
the receipt and sufficiency aze hereby acknowledged, Grantor does hereby grant and convey to
Grantee, 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 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
future development right in the Property has been severed from the Property by operation of this
restrictive covenant.
2. Covenant running with the land: binding effect. The provisions of this deed
restriction 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/aze 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 be 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 beaz 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 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. 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.
s
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. 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 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 attorneys fees.
IN WITNESS WHEREOF, Grantor has executed this restrictive covenant as of the date
and yeaz first written above.
Grantor
By: ame] [T e] o
State of Colorado )
ss.
County of Pitkin )
The foregoing Restrictive Covenant was acknowledged before me this day of
7c~Ob ~ 200 by ~ )tt,Ll FEN.LG . ,Ll-lPl-ZEROS
Witness my hand and official seal
on: TLc.L l/ .3~~ ~/(~
(l/
ACCEPTED BY
Pitlcin County Board of County Commissioners
y: ame] [Ti ]
State of Colorado )
ss.
County of Pitkin )
The foregoing Restrictive Covenant was acknowledged before me this 3 ~ ay of
~r-DBe~ 20D~ by TAC~c -~-~Lkr-r~l elo2. l~ocC r h a~~„~.~~
Witness my hand and official seal
My commission expires on: ~o~ -D / - Zya 9
~pTARyA
`_ •• 6
• CYN '.~
Q °E~-,Y .
9~' ~q/~
~'.,
~'~~o~oc~°~
otary Public
~-d eeszt:ss ors =mar ~~o dss~zt so sz ~~o
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land situated in the NE1/4 SE1/4, SE1/4 SE1/4 and SE1/4 NE1/4 of Section 17, Township 10 South, Range 88
West of the Sixth Principal Meridian lying Easterly of the Easterly bank of the Crystal River, Southerly of the Northerly line
of said SE1/4 NE1/4 and Westerly of the Easterly line of said Section 17, said parcel of land is described as follows:
Beginning at the East Quarter Corner of said Section 17 being an iron pipe with a brass cap and properly marked;
thence S 00°02'29" E 1639.52 feet along the Easterly line of said Section 17;
thence N 89°28'22" W 245.89 feet;
thence S 85°03'34" W 112.29 feet;
thence S 77°13'17" W 93.93 feet;
thence S 84°01'22" W 69.32 feet;
thence N 57°15'24" W 56.58 feet;
thence N 61°54'01" W 296.61 feet to a point on the Easterly bank of said Crystal River;
thence N 24°32'49" E 240.79 feet along the Easterly bank of said River;
thence N 39°29'17" E 315.04 feet along the Easterly bank of said River;
thence N 26°48'23" E 239.33 feet along the Easterly bank of said River;
thence N 01'18'34" E 303.27 feet along the Easterly bank of said River;
thence N 07°42'21" E 726.22 feet along the Easterly bank of said River;
thence N 18°54'57" E 864.69 feet along the Easterly bank of said River;
thence N 66°32'25" W 76.67 feet along the Easterly bank of said River;
thence N 05°43'52" W 276.22 feet along the Easterly bank of said River
to its intersection with the Northerly line of said SE114 NE1/4 of said Section;
thence N 88°03'00" E 135.42 feet more or less along the Northerly line of said SE1/4 NE1/4 to the Northeast corner of said
SE1/4 NE1/4;
thence S 00°10'00" W 1321.98 feet along the Easterly line of said Section 17 to the East Quarter Corner of said Section,
the point of beginning.
EXCEPTING therefrom those portions described in instruments recorded in Book 186 at Page 417, Book 188 at Page
492, Book 190 at Page 598, Book 192 at Page 89, Book 192 at Page 211, Book 199 at Page 6, Book 252 at Page 749 and
Book 286 at Page 273.
RECEPTION#: 553946, 10/31/2008 at
12:17:40 PM, ~~j~~
1 OF 5, R $0.00 Doc Code COVENANTS FyQNT~1CiT #~-=-~_
Janice K. Vos Caudill, Pitkin County, CO
RESTRICTIVE COVENANT
THIS RESTRICTIVE COVENANT ("Covenant") is made and entered this ~y day
of Ockahw~ 20ox, by „U 110. G +4'aaros ("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 ("TDR") 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
~ G
,.d CertificateNo(s). //Z -oB-D~- -~tnl ;
rt5 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 TDR 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). J ~ -L'S -0 ~ ~ C - ~"W ,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
Grantee, 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 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
future development right in the Property has been severed from the Property by operation of this
restrictive covenant.
2. Covenant running with the land: binding effect. The provisions of this deed
restriction shall constitute a covenant that runs with the title to the Property for the benefit of the
C
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 aze 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 be 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 beaz 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 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. 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.
l~
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. 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 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 attorneys fees.
IN WITNESS WHEREOF, Grantor has executed this restrictive covenant as of the date
and year first written above.
Grantor
~~~ ,ry~i~ U ~ ~~~ LGC
By: [Name] [T e]
State of Colorado )
ss.
County of Pitkin )
The foregoing Restrictive Covenant was acknowledged before me this Z7 ~ay of
OC.~elx~ 20o~by Wtt, Ik AC.A2C,E2aS
Witness my hand and official seal
'res on: ~I,~.L if ~ ~ ZOI C7
...•
4Q. pSAIIY `•~
• ~~
='•• +: otary Publ'
-~A,! • ... • •a,GSr
/l
ACCEPTED BY
Pitlun County Board of County Commissioners
V ~ ~ ~~ ~ ~v~MtiJ
By ame] [Title]
State of Colorado )
ss.
County ofPitkin )
The foregoing Restrictive Covenant was acknowledged before me this.~~ day of
G~taeE2 20Dgby ~AcK ~-~q-r+~ielcL. BocG G~+arRmg-iJ
Witness my hand and official seal
My commission expires on: ~~ ~ Q /~ ZITj> 9
AR
~ O OF`` P ~:
~ FAN
~COLOF~~
of b is
/~
g•d EE9ZE96 OL6 ouI uu0 d9S~Zi 80 6Z ~°0
EXHIBIT "A"
LEGAL DESCRIPTION
A tract of land situated in the SE1/4 NE1/4, Section 17, Township 10 South, Range 88 West of the 6th P.M., described as
follows:
Beginning at a point on the East line of said SE1/4 NE1/4 whence the East 1/4 corner of said Section 17 bears N 0°53' W
575.30 feet;
thence S 0°53' E 110 feet along the East line of said SE1/4 NE1/4;
thence S 89°10' W 100 feet;
thence North 0°53' W 110 feet;
thence N 89°10' E 100 feet to the paint of beginning.
AND
A tract of land situated in the NE'/. SEY., Section 17, Township 10 South, Range 88 West of the 6th P.M., described as
follows:
Beginning at a point on the East line of said NE'/. SEYe, whence the E'/. corner of said Section 17 bears N 0°53' W, 458.20
feet; thence S 0°53" E, 117.10 feet along East line of said NE'/. SE'/:, thence S 89°10' W 98.90 feet; thence N 1 °28" W
117.10 feet; thence N 89°10' E 100.10 feet to the point of beginning.
/3
RECEPTION#: 553949, 10/31/2008 at 12:17:43 PM, 1 OF 4, R $0.00
DF $0.00 Janice K. Vos Caudill, Pitkin County, CO
Documentary Fee $ EXEMPT
SPECIAL WARRANTY DEED
THIS DEED, Made October 30, 2008
between KOUKLA LLC, A COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL I
AND POULAKI LLC, A COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL II
of the County of PITKIN and State of ,COLORADO
of the first part, GRANTOR and PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
whose legal address is: ,530 E. MAIN STREET, 3RD FL., ASPEN, CO 81611
of the County of PITKIN State of COLORADO,
of the second part, GRANTEE
WITNESSETH, That the said parties of the first part, for and in consideration of the sum of THREE HUNDRED
FIFTY THOUSAND ($350,000.00) , to the said parties of the first part, in hand paid by the said parties of the
second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and
conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second
part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being
in the County of PITKIN and State of COLORADO, to wit:
See Attached Exhibit "A"
Together with all and singular the hereditaments and appurtenances there-unto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND
TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the
second part, its successors and assigns forever. And the said parties of the first part for themselves, their heirs
and assigns do covenant, grant, bargain and agree to and with the said parties of the second part, their
successors and assigns, to WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and
peaceable possession of said parties of the second part, its successors and assigns, against all and every person
or persons lawfully claiming or to claim the whole or any part thereof, by through or under the said parties of the
first part. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to
all genders.
IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s).
SIGNATURES ON PAGE 2
1
_
a.,....,~,,..
RECEPTION#: 553949, 10/31/2008 at 12:17:43 PM, 2 OF 4,
Janice K. Vos Caudill, Pitkin County, CO
SIGNATURE PAGE TO SPECIAL WARRANTY DEED
PAGE 2
KOUKLA LLC, A COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL I
POULAKI LLC, A COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL II
BY: ILLI G. GEROS, MANAGER
STATE OF Lu Yu
ss
COUNTY OF 7~ )
The foregoing instrument was acknowledged before me this day of
iJ~~~ • , 2008 By: WILLIAM G. ARGEROS, MANAGER OF KOUKLA LLC, A
COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL I and POULAKI LLC, A
COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL II
WITNESS my hand and official seal ~
Notary Public
my commission expires:
:~,yRISTlNA DAVIS/NOTARY WJ81.1C
`~`i ,viY COMMl~10N OPKINS 11J07f2011
4y~ ' ' ~ ~ ' ' • . ~ _ ASPEN, CO 81811
PCT22265L .
RECEPTION#: 553949, 10/31/2008 at 12:17:43 PM, 3 OF 4,
Janice K. Vos Caudill, Pitkin County, CO
EXHIBIT "A"
LEGAL DESCRIPTION
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL I:
A parcel of land located within the SE1/4 of the NE1/4 and within the E1/2 of the SE1/4 of Section 17, Township 10 South,
Range 88 West of the 6th P.M., having a description based upon a bearing of S.00°47'49"E. from the 1/4 Corner common
to Sections 16 and 17 (monumented by a 2-1/2" USGLO Brass cap) to the Section Corner common to Sections 16, 17, 20
and 21 (monumented by a witness corner bearing S.89°44'43"W. 110.22 feet from true corner position and being a 3"
USGLO Brass cap on sandstone cliff face), with all other bearings relative thereto and being more particularly described
as follows:
Beginning at said 1/4 Corner common to Sections 16 and 17; thence along the section line common to said Sections 16
and 17 S.00°47'49"E. 458.23 feet (monumented by a 1" plastic cap LS16842); thence leaving said section line
S.89°13'52"W. 100.10 feet (monumented by a 1" plastic cap LS16842}; thence S.01 °24'44"E. 117.17 feet (monumented by
a 1"plastic cap LS16842); thence S.00°14'47"E. 111.23 feet (monumented by a 1" plastic cap LS14111); thence
N.88°32'14"E. 99.92 feet to said section line (monumented by a 1" plastic cap LS14111); thence along said section line
S.00°47'49"E. 954.05 feet (monumented by a 7.12 foot witness corner bearing S.89°12'11"W. 2.99 feet from section line
and being a 1" illegible plastic cap); thence leaving said section line N.89°46'40"W. 245.78 feet (monumented by a witness
corner bearing S.83°53'58"W. 12.80 feet from true corner position and being a 1"plastic cap LS10386); thence
S.83°53'58"W. 115.44 feet (monumented by a 1" plastic cap LS10386); thence S.76°37'30"W. 93.85 feet (monumented by
a 1" plastic cap LS10386); thence S.82°53'32"W. 69.21 feet (monumented by a 1" plastic cap LS10386); thence
N.58°04'54"W. 56.60 feet (monumented by a 1"plastic cap LS10386); thence N.82°08'37"W. 32.90 feet (monumented by
a 2" aluminum cap PLS25972); thence N.59°18'55"W. 280.25 feet to the east bank of the Crystal River (monumented by a
witness corner bearing S.59°18'55"E. 18.34 feet from true corner position and being a 1" plastic cap LS14111); thence
along said east bank the following six (6) courses: (1) N.24°17'43"E. 236.36 feet; (2) thence N.39°17'46"E. 315.04 feet; (3)
thence N.26°36'52"E. 239.33 feet; (4) thence N.01°07'03"E. 303.27 feet; (5) thence N.07°30'50"E. 726.22 feet; (6) thence
N.18°43'26"E. 255.25 feet; thence leaving said east bank S.76°31'31"E. 104.46 feet (monumented by a 2" aluminum cap
PLS25972)); thence N.41 °08'29"E. 199.09 feet to the section line common to said Sections 16 and 17 (monumented by a
2"aluminum cap PLS25972); thence along said section line S.00°00'10"E. 91.19 feet (monumented by a 2"aluminum cap
PLS25972); thence S.41 °08'29"W. 223.27 feet (monumented by a 2" aluminum cap PLS25972); thence S.21 °21'09"W.
126.44 feet (monumented by a 2" aluminum cap PLS25972); thence S.14°39'22"W. 239.74 feet (monumented by a 1"
plastic cap LS14111); thence S.75°16'31"E. 125.01 feet (monumented by a 1" plastic cap LS14111); thence N.14°40'27"E.
199.84 feet (monumented by a 1"plastic cap LS14111); thence S.75°18'18"E. 84.85 feet to said section line (monumented
by a 1"plastic cap LS14111 bearing N.75°18'18"W. 0.97 feet from true corner position); thence along said section line
S.00°00'10"E. 91.27 feet to the Point of Beginning.
EXCEPTING THEREFROM
A parcel of land located within the NE1/4 of the SE1/4 of Section 17, Township 10 South, Range 88 West of the 6th P.M.,
having a description based upon a bearing of S.00°47'49"E. from the 1/4 Corner common to Sections 16 and 17
(monumented by a 2-1/2" USGLO Brass cap) to the Section Corner common to Sections 16, 17, 20 and 21 (monumented
by a witness corner bearing S.89°44'43"W. 110.22 feet from true corner position and being a 3" USGLO Brass cap on
sandstone cliff face), with all other bearings relative thereto and being more particularly described as follows:
Beginning at a point from whence said 1/4 Corner common to Sections 16 and 17 bears N.10°37'02"E. 1016.47 feet;
thence S.07°36'01"W. 39.16 feet; thence S.00°18'37"W. 401.13 feet; thence N.89°59'14"W. 214.96 feet; thence
N.06°44'49"E. 43.54 feet; thence N.02°23'35"E. 200.51 feet; thence N.09°07'39"E. 63.05 feet; thence N.12°53'38"E.
137.41 feet; thence N.89°57'36"E. 168.16 feet to the Point of Beginning, said parcel contains 1.994 acres, more or less.
Total acreage for subject property is 18.7 acres, more or less.
HISTORICALLY KNOWN AS:
A parcel of land situated in the NE1/4 SE1/4, SE1/4 SE1/4 and SE1/4 NE1/4 of Section 17, Township 10 South, Range 88
West of the Sixth Principal Meridian lying Easterly of the Easterly bank of the Crystal River, Southerly of the Northerly line
of said SE1/4 NE1/4 and Westerly of the Easterly line of said Section 17, said parcel of land is described as follows:
Beginning at the East Quarter Corner of said Section 17 being an iron pipe with a brass cap and properly marked;
RECEPTION#: 553949, 10/31/2008 at 12:17:43 PM, 4 OF 4,
Janice K. Vos Caudill, Pitkin County, CO
thence S 00°02'29" E 1639.52 feet along the Easterly line of said Section 17;
thence N 89°28'22" W 245.89 feet;
thence S 85°03'34" W 112.29 feet;
thence S 77°13'17" W 93.93 feet;
thence S 84°01'22" W 69.32 feet;
thence N 57°15'24" W 56.58 feet;
thence N 61°54'01" W 296.61 feet to a point on the Easterly bank of said Crystal River;
thence N 24°32'49" E 240.79 feet along the Easterly bank of said River;
thence N 39°29'17" E 315.04 feet along the Easterly bank of said River;
thence N 26°48'23" E 239.33 feet along the Easterly bank of said River;
thence N 01'18'34" E 303.27 feet along the Easterly bank of said River;
thence N 07°42'21" E 726.22 feet along the Easterly bank of said River;
thence N 18°54'57" E 864.69 feet along the Easterly bank of said River;
thence N 66°32'25" W 76.67 feet along the Easterly bank of said River;
thence N 05°43'52" W 276.22 feet along the Easterly bank of said River
to its intersection with the Northerly line of said SE1/4 NE1/4 of said Section;
thence N 88°03'00" E 135.42 feet more or less along the Northerly line of said SE1/4 NE1/4 to the Northeast corner of said
SE1/4 NE1/4;
thence S 00°10'00" W 1321.98 feet along the Easterly line of said Section 17 to the East Quarter Corner of said Section,
the point of beginning.
EXCEPTING therefrom those portions described in instruments recorded in Book 188 at Page 417, Book 188 at Page
492, Book 190 at Page 598, Book 192 at Page 89, Book 192 at Page 211, Book 199 at Page 6, Book 252 at Page 749 and
Book 286 at Page 273.
PARCEL li:
A tract of land situated in the SE1/4 NE1/4, Section 17, Township 10 South, Range $8 West of the 6th P.M., described as
follows:
Beginning at a point on the East line of said SE1/4 NE1/4 whence the East 1/4 corner of said Section 17 bears N 0°53' W
575.30 feet;
thence S 0°53' E 110 feet along the East line of said SE1/4 NE1/4;
thence S 89°10' W 100 feet;
thence North 0°53' W 110 feet;
thence N 89°10' E 100 feet to the point of beginning.
AND
A tract of land situated in the NE'/, SE'/,, Section 17, Township 10 South, Range 88 West of the 6th P.M., described as
follows:
Beginning at a point on the East line of said NE%, SE%,, whence the E%, corner of said Section 17 bears N 0°53' W, 458.20
feet; thence S 0°53" E, 117.10 feet along East line of said NE%. SE'/,; thence S 89°10' W 98.90 feet; thence N 1°28" W
117.10 feet; thence N 89°10' E 100.10 feet to the point of beginning.