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HomeMy WebLinkAboutbocc.con.147.2008~'ONTRACT# /Y7 ~S~ (~~-rr~-c.~t~~~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIIV COUNTY, COLORADO, ACCEPTING THE CONVEYANCE BY ROBERT MORROW TO PITI{IN COUNTY OF PARCELS B AND E OF THE MORROW PROPERTY ORDINANCE #08d~G' 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 developing 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; and, 2. Robert Morrow owns land in Wingo Junction south of Highway 82, known as Parcels B and E of the Morrow Property (the "Property"); and, 3. The Property possesses scenic values enjoyed from the Highway 82 and Rio Grande Trail corridors, ecological values including elk winter range and mule deer winter range and winter concentration area, and quarter mile stretch of the south bank of the Roaring Fork River; and, 4. BOCC Resolution 144-2005 Robert Morrow was awazded three TDR certificates for the Morrow Property, conditioned on the conveyance of fee interest or a conservation easement on Parcels B and E; and, 5. The Open Space and Tails Board recommend that Pitkin County accept the fee interest in the Property; and, 6. The County Commissioners of Pitkin County wish to accept the conveyance of the Property, and designate it as an Open Space and Trails Asset to be maintained by the Open Space Department NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado, that: The BOCC hereby accepts the conveyance of Parcels B and E by Robert Morrow. 2. Upon final approval by the County Attorney and County Open Space Director, the Chairman of the Boazd is hereby authorized and directed to execute and/or accept any and all documents necessary to complete the transaction which may be necessary to effect said conveyance. RECEPTION#: 548319, 04115/2005 at 09:41:37 AM, 1 OF 4, R $0.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING AT THE REGULAR MEETING on the 27th Day of February, 2008 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKEND EDITION on f~ p~ 3__, 2008. APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING on thel2th day of Mazch, 2008 PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKEND EDITION on the ~k r ~ l< 13 , 2008 TTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ' ~1 By: ~,.~ ~ ~ ,l, ~ 4 Jones Jack ~ eld, Chain an Clerk & corder Date: i / = ~~ `' APPROVED AS TO FORM: MANAGER APPROVAL: ~ `~ .~ ` (~./2 / ~ John Ely, County orney Hilary FI her, County Manager r, j'~ ~ /~~~ ale Will, Director Open Space and Trails RE^p~n\MMENDED FOIE ADOPTION: t ~~ 'j EXHIBIT ~ A Tl9'LE PRO PARCEL B.• A grassed of land situated sn a portion of Trxcct 64, Township B South, Range B6 West of the 6th P.Af., more particularly described as joldaws: Commencing at Angle Point No. 5 of said Tract 64, the TRUE PYJINT OF BECINNING;• thence X.00°03'11"A: along the Westerly Line aj said 7Yact 64 106.19 feet; thence [earristg said Westerly lisee X.39°12'11"E. (siecord N.4f'05'W.J 1226.75 feet to the Southwest cor~ter of Heat property described in Bock 219 at Page 524 of the Pitkin County Clerk and Recorder's Office; thence 5.75°58'04"E: along dlee Southerly Line of said properly 174.75 ,het; thence continuing along said Southerly Line 5.60'13'24"E. 294.34 fbet,• thence continuing along relit Southerly line S.45.4B'04"a£ 193.66 feet,• thence oontinuing along said Southerly Line 5.48°30'54"E. 413.62 feet to the Southeast corner of sasd property, also being the Northau¢st corner of that property described in Book 188 at Asgo 237 of the Pitkin County Clerk aril Recorder's Ofjce,• theno¢ 5.28.88'26"E, along the Westerly Line of said property 248.40 feet; thence continuing along said Westerly line 5.34'44'53"E. 352.17 feet to a point on the Southerly Line of said Tenet ff4,• thence X.88.85'41"lY. along said Tract dine 169.90 feet to the Southeast corner of that property described in Book 218 at ftrge 524 of the Pitkin County Clerk and Recorder's Office; (hence X.43.06'91"lY. along the Easterly line aj said property 181.50 feet; thence continuing along said Easterly line X.27'42'41"W. 257.00 jest to the Northeast corner of said property,• thence S.62•f7'f9"7P. along the Northerly lire¢ of said groperly 100.00 feet to the Northwest corner of said propertg~• thence S.27°42'41"6: along the Westerly dine of said property 270.52 feet; thence eorctinuing along said Westerly line S.48.06'9f"!t'. 76.68 feet to a point an the Southerly line of said Tmct B4,• thence X.88.86'41"A', along seat Southerly line 1658.88 feet to the TRUE PfIINT OF Bh?GINNtNC: EXCEPT that portion of the Fisherrrzan Lode Mining LZaim. U.S.df.S. No. 6304. PARCEL h:• Fisherman Lode Mining Claim in Sectwn 20, Township 8 South Range 86 West of the 6th P.M. in the Roaring Fork Mining Dzstsict being U.S..if.S. No. 6304. . exf+ierr ~~ SCHEDULE B SECTION 2 EXCEPTIONS The policy or polides to be Issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not stwwn by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepandes, conFlicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, ar rrght to a lien, for services, labor, or material heretofore or hereafter furnished, imposed bylaw and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patents recorded January 30,1902 in Book 55 at Page 104 and Patent recorded November 2,1903 in Book 736 at Page 30H. 8. An undivided one-half interest of all kinds and classes of minerals whatsoever in the subjeU lands, together with the right to prospect for, develop and remove the same and alt rights of ingress and egress necessary theretor, as set iorth in instrument recorded March 25, 1960 in Book 190 at Page 207, and any and all assignments thereof. 9. Terms, conditions, provisions antl obligations as set forth in Right of >=irst Refusal recorded April 27, 1989 in Book 591 at Page 180. t 0. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded June 22, 1990 in Book 623 at Page 614 as Resolution No. 90-54. 11. Terms, conditions, provisions, obligations and all matters as set forth in Resolution oT [he Planning & Zoning Commission recorded December 26, 1990 in Book 636 at Page 620 as Resolution No. PZ-90-10. 12. Terms, conditions, provisions and obligations as set forth in Permanent Easement recorded June 25, 1998 as RecepGan No. 418642. 13. Terms, wnditions, provisions, obligations and ail matters as set forth in Resolution of the Board of County Commissioners recorded October 25, 2005 as Reception No. 516614 as Resolution No. 05-144. CONTRACT # ~/7 ~~ SPECIAL WARRANTY DEED THIS DEED is made this /~ day of l / li{ C , 2008, between Robert T. Morrow, grantor, and Board of County Commissioners of Pitkin, Colorado, whose legal address is 530 East Main Street, 3`d Floor, Aspen, CO 81611 of the said County of Pitkin and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of described as follows: See "Exhibit A" attached hereto; TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND 'r0 HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its heirs and assigns forever. The grantor, for himself, his heirs, and personal representatives and successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor, except for those specific exceptions attached hereto on Exhibit B. The singular number shall include the plural, [he plural and the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. By: ,~/'~~~,, nn~ Rob rt T. Morrow STATE OF 1~OGFJ) 1 ) 55. COUNTY OF /IF-r~7 ) ~-^ p The foregoing instrument was acknowledged before me r-C . GCp/ J, 2008, by Robert T. Morrow. My commission expires ~~ ~2 2~~~. Witness my hand and official seal. "~ _ Notary tc ~' J morrowl2swdeed south parcel (2-27-08) ~Q,~pRY?Ue ~'~,•• •~ y~~ RECEPTION#: 548320, 0 411 512 0 0 8 at t NATALLIA F, 09:41:38 AM, : KHARKHAL; t of 3, R $0.00 DF $0.00 Doc Code SPEC •• W D ~aF Janice K. Vos Caudill, Pitkin County, CO My Connnistim E><pres 10.g1C1011 EXHIBIT _~ sc. PARCEL B. A pan=el of land situated in a porlicn of Tract 64, Township B South, Range B6 West of the 6th P.Af., more particularly described as follows: Commencing at Angle Point No. 5 of said Tract 64, dhe TRUE POINT OF 9ECINNING,• thence N.00°03'11"W. along the Westerly tine of said Tnzct 64 106.19 J&et; thence [eavdng said Westerly line N.3912'11"8' (mcord N.41'05'WJ 1226.75 feet to the Southwest corner of that property described in Book 213 at Page 524 of the Pitkin County Clerk and Recorder's Office; (hence 5.75'SB'04"L', along the Southerly Line of said property 174.75 ,/bet; thence continuing along said Southerly line S.60Y3'24"E. 294.34 feet; thence continuing along sasd Southerly line 5.45°48'04"L'. 193.66 feet; thence continuing along said Southerly line S.4B'30'S4"E. 413.62 feet to the Southeast corner of said property, also being the Northwest corner of that property described in Book 193 at Page 237 of the Pitkin County Clerk and Recorder's Office; thence S28'33'2S'E along the Westerly line of said property 248.40 feet; thence continuing along said Westerly lint 5.34'44'53"E 352.17 feet to a point on the Southerly line of said Tract 64; thence N.88'35'4>"W along said Tract line 169.90 jbet tc the Southeast corner of that property described in Book 213 at Azge 524 of the Pitkin County CLerk and Recorder's Office; thence N.43'06'41"W along the Easterly line of said property 161.50 JEet; thence continuing along said Easterly Cine N.27.42'4>"W. 257.00 feet to the Northeast corner of said property,• thence 5.62'17'19"W along the Northerly line of said property 100.00 feet to the Northu+est corner of said property,• thence 5.27'42'41"E. along the Westerly Line of said property 270.52 feet; thence continuing along said Westerly line 5.43'06'41"E. 76.63 feet to a point on the Southerly line of said Trtact 64,• thence N.BB'35'41"A? along said Southerly Line >65B.BB Jet to the TRUE POINT OF B~L^INNINC. EXCEPT That portion of the Fisherman Lode Mining Claim. U. S. M. S. No. 6304. PARCEL 6:' Fisherman Lode Mining Claire in Section 20, Township 8 South Range 86 West of the 6th P. M. in the Roaring Fork .Vining District being U. S. M. S. No. 6304. EXHIBIT SCHEDULE BSECTION 2 sxczirTtofvs The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed bylaw and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patents recorded January 30, 1902 in Book 55 at Page 104 and Patent recorded November 2, 1903 in Book 136 at Page 309. 8. An undivided one-half interest of all kinds and classes of minerals whatsoever in the subject lands, together with the right to prospect for, develop and remove the same and all rights of ingress and egress necessary therefor, as set forth In instrument recorded March 25, 1960 in Book 190 at Page 207, and any and all assignments thereof. 9. Terms, conditions, provisions and obligations as set forth in Right of First Refusal recorded April 27, 1989 in Book 591 at Page 180. 10. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded June 22, 1990 in Book 623 at Page 614 as Resolution No. 90-54. 11. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Planning & Zoning Commission recorded December 28, 1990 in Book 636 al Page 620 as Resolution No. PZ-90-10. 12. Terms, conditions, provisions and obligations as set forth in Permanent Easement recorded June 25, 1998 as Reception No. 418642. 13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded October 25, 2005 as Reception No. 516614 as Resolution No. OS-144.