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Home My WebLink Aboutbocc.con.332.2008 RECEPTION#: 551342, 07/24/2008 at p 10:31:23 AM, CONTRACT # ?il ' 0~ 1 OF 4, R $0.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PTTKIN COUNTY, COLORADO APPROVING THE PURCHASE OF BLOCK 3, LOTS 1-6, KISTLER'S SUBDIVISION, REDSTONE, COLORADO AND AUTHORIZING THE CHAII2MAN TO EXECUTE THE NECESSARY DOCUMENTS ORDINANCE # 4N -2008 Recitals 1. The Boazd of County Commissioners of Pitkin County ("County") is in a position to acquire Lots 1, 2, 3, 4, 5 and 6 of Block 3, Kistler's Subdivision of Redstone, more specifically described in the Plat thereof recorded on May 5, 1958 in Plat Book 2A at Page 243, Reception No. 106295, also known as 0331 Redstone Blvd., Redstone, Colorado ("Property"); 2. The Property is adjacent to Redstone Pazk; ,~Qt D ATTr1tHCD 3. Larry K. Meredith and Linda L. Byers are the owners of the Property and approached the County as willing sellers in their desire to see the Property become an open space expansion of Redstone Pazk and the County desired to purchase the Property for that purpose; 4. The terms and provisions of the purchase are fully set forth in the Contract to Buy and Sell Real Estate; 5. The County and Meredith and Byers have negotiated a purchase agreement whereby Meredith and Byers will sell the Property to the County for $50,000 plus one Pitkin County Transferable Development Right Certificate, and it is in the interest of all parties to proceed immediately with the transaction; 6. The terms of the agreement aze set forth, and the Chairman (or Chairman's designee) shall be authorized to sign a Contract to Buy and Sell Real Estate in substantially the form approved by the County Attorney. 7. The BOCC finds that adoption of this ordinance is in the best interest of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance to be effective immediately pursuant to Pitkin County Home Rule Charter Section 2.8.2. NOW, THEREFORE, BE IT ORDAINED, that the Board of County Commissioners approves the purchase of said Property and authorizes the Chairman or Chairman's designee to execute all documents necessary to complete the transaction. r oiaviu,co #d'1/ -zoos r~ z INTRODUCED AND FIRST READ ON THE 25a' DAY OF JUNE 2008 AND SET FOR PUBLIC HEARING AND SECOND READING ON THE 9~ DAY OF JULY 2008 . NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIlVIES WEEKLY ON THE 29~ DAY OF JUNE 2008. ADOPTED AT PUBLIC HEARING AND SECOND READING ON THE 9~ DAY OF JULY 2008. PUBLISHED AFTER PUBLIC HEARING IN THE ASPEN TIMES WEEKLY ON THE 1° 9 DAY OF v / 2008. THIS ORDINANCE SHALL BECOME EFFECTIVE ON JULY 9, 2008 ATTEST: BOARD OF COUNTY COMMISSIONERS ~ OF PITHIN COUNTY, COLORADO "CC. Je tte Jones, Deput~ ~ a Hatfield, Ch~~man County Manager: Approved as to Form: Hilary Flet r John M. Ely County Attorney 1 RECEPTION*: 551270, 07/21/2008 at 04:22:44 Pt4, 1 OF 2, R $0.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO SPECIAL WARRANTY DEED TH[S DEED, made thin 18th day of July, 2008, between Larry Kyle Meredith and Linda Lee Byers of the aid Comty otPitkin and State of Colorado, Grantor, sad Board of County Commissioner of Pitkia County whose legal address is: 530 & Main St, 3rd Floor, Aapeq CO 81611 F ~ of the rid Comty of Pitkin and State of Colorado, gmnta: D ~ Ex~n WffNESB, that the grantor, for and in consideration of the sum of (550,000.00) Filly Thouand dolbn and Zero caab and One Pitkin Cowt Trmaferabie Development Right Certificate, the receipt and autHcietuy of wblch is hereby acknowledgtd, has grated, bargained, sold and eonveyed.aad by thex preaenb don grant, bugeiq ee8, Wavey and confirm, unto the gmrtea, their Loin and assigner forever, not in teumcY in common but in joint temncy, all the real property, ingather wiW improvements, if my, sitwte, lying a~ being is the County of Pitkin and State of Colorado described u follows: Lots 1, 2, 3, 4, 5 sad 6, Htock 3, KISTLER'S SUBDIVISION OF REDSTONE, according to the Plat drueof recorded May 5, 1958 in Plat Book 2A at Pege 243 u Reception No. 106295. Cowry of Pitkin, State of Colorado also known by street and atwber u: 331 Redstone Boulevard, Redstom, CO 61623 TOGETHER with all and singular the heredlbrrrmb a~ appurtenance thereto belonging, or in anywise appertaining, and the rversian and reV Vaioni, remainder and remeiMma, renb, issues sad profib thenrof, end a8 the estate, right, title, interest, claim and deroaad whatsoever of the gmninr, either in law or equity, of, in and to the above bargained premises, with the hereditamenb and appurtenances. TO HAVE AND TO HOLD the said Premises above bargained and deuribed. with the apptutenancea, into the grantee. his lair and arigns forver except, Tana for the year 2008 not yet due and payable and Chow exceptions a ahowo oa attached exhibit The grmor, for himself, his heir, and personal npreeatative or aucceeaon, do cowmmt, and a&ee that he shall and will WARRANT AND FOREVBR DEFBND the above-bargained premieres in the quiet sad ptutceeble poaswaion of the gnattx, his heir and eaigm, ageiost ell and every person or peraoas claiming the whole or any part Otereof, by, and through or under the grantor. The aurgulu number shall include the plural, the pluural the singular, and the use of my gender aha8 be appliablo in all gender. IN S OF, the for executed thu deed on the date set forth a ve. ®1 /i> ~ ttyt~ f« aye. STATE OF Colorado ) as. COUNTY OF Wield ) The forgoing instrument wa acknowledged befor me this 18th day of July, 2008, 6y Luny Kyle Meredith std Linde La Byers My commission expues: p~. W--1 Y hard and offici sal. Notary Public MARY L. SCHEUHICH i Nr1TARY P1A{11C 9.:_IAlistt 1::/1.UHA1]t`~ smaatl7tlrarcotondo,sx. rwn.sesr: tsau wa:aayor,ass,cw Pgetort RECEPTIONt: 551270, 07/21/2008 at 04:22:44 pM, 2 OF 2, Janice K. Voa Caudill, pitkin County, CO EXIIIBIT 1 EXCEPTIONS 1. Any and all unpaid taxes and asaessmenta end any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any wale service or street improvement area, 2. Right of the proprietor of a vain or lode to extinct and remove his oro therefrom, should the same be found to pwetrate or intersect the premises hereby grained, ea reserved in United States Patent recorded Manch 30, 1898 Book SS d Pege 39 as Reception No. S 1673. 3. Right of the proprietor of a v4in or lode to extrect and remove hie ore therefrom, should the same be found to pmetrete or intersect the premises hereby granted, as reserved in United States Patent recorded August Z5, 1898 in Book 55 at Page BS u Recepton No. 63889. 4. Atl Matters on-plat of the ICisfler Subdivision of Redstone recorded May S, 1956 in Plat Hook 2A at Page 243 es Reception No. 106295. S. Resolution No. 79-58, by the Board of Cotmty Commissioners Amending Zoning es set forth in insbvment rorwrded May 31, 1979 in Book 369 at Page 814 as Reception No. 214959. 6. Deaee Organizing the Redstone Water and Sanitation District as set forth in instrument recorded August 31, 1971 in Book 257 at Page 474 as Reception No. 147180. 7. This policy does not inauro tifle to lmd comprising the shores or bottoms of rivers and is subject to any build up or loss of property along the Crystal River, caused by the processes of accretion and roliction, ar caused by man made changes in the flow of water or in the course of the river beak or rive charnel; also subject to the frce and umbatructed flow of the water of said river, and recreational or other use thereof. arm8umeae rstrz-a Woneq Dina-bWbal a~upbu) PgeiMl iJ