HomeMy WebLinkAboutbocc.ord.004.1998AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO APPROVING THE PURCHASE OF LOTS 1, 2, 3,
AND FATHERING PARCEL (FP) 2 OF THE ASPEN MASS SUBDIVISION
ORDINANCE #98-4
RECITALS
1. William Landman and Robert Giacinto are the owners of Lot 1, Aspen Mass
Subdivision. Gundaker Real Estate Co., Inc. is the owner of Lots 2 and 3 of this Subdivision.
Aspen Mass Partners owns and controls Fathering Parcel 2 in this Subdivision. All of these
parties, as current owners of these properties, desire to sell and convey their interests to Pitkin
County.
2. The Board of County Commissioners has determined that the acquisition of these
properties is beneficial for affordable housing purposes. Additionally, the properties have the
potential to be exchanged with the United States Forest Service for the Seventh Street, City of
Aspen, Forest Service property.
3. The Board of County Commissioners has negotiated the terms for the acquisition
of these four properties from the current owners and is prepared to enter into contracts for the
purchase and sale of these four properties.
4. The Board of County Commissioners has also discussed the acquisition of these
properties with the City of Aspen. The City of Aspen agrees with Pitkin County that these
properties are beneficial for affordable housing purposes. It is the intention of the Board of
County Commissioners to hold title to these properties with the City of Aspen as joint tenants.
5. The consideration for the acquisition of these four properties is $1,650,000, along
with the release of Aspen Mass Partners from all obligations contained in the Subdivision
Improvement Agreement running between Aspen Mass Partners and Pitkin County Board of
County Commissioners.
6. The Board of County Commissioners will contribute $600,000 towards the total
purchase price to acquire these four properties.
NOW, THEREFORE, BE IT ORDAINED that the Board of County Commissioners of
Pitkin County, Colorado hereby approves the purchase of Lots 1, 2, 3 and Fathering Parcel (FP) 2
of the Aspen Mass Subdivision for a consideration of $1,650,000 and the release of the Aspen
Mass Limited Partnership from all allegations pertaining to the previously executed Subdivision
Improvement Agreement. The Board authorizes the Chair to execute any such contracts or
agreements that are necessary to effect this acquisition subject to approval by the County
Attorney and to close on these purchases on the date of February 4, 1998
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INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE
14TH DAY OF JANUARY, 1998.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON 17TH DAY OF JANUARY, 1998.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE
28TH DAY OF JANUARY, 1998.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 7TH DAY OF FEBRUARY, 1998.
ATTEST:
Deputy Clerk
APPROVED AS TO FORM:
John M. Ely
County Attor
Uord/aspenmas.ord
BOARD OF COUNTY
COMMISSIONERS
OF PITKIN COUNTY, COLORADO
,0a�oc r7Gi'�
Dorothea Farris
Chair
Date: -3' S y 8'
anne onchan
County Manager
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C967
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APPROVED BY
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The printed portions of this form. except (italicised)
(differentiated) addition; have been approved by
the Colorado Real Estate Commission. (BC17-9.95)
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL
BEFORE SIGNING. Compensation charged by real estate broken is not set by law. Such charges are established by each real estate broker.
DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE BUYERAGENCY, SELLERAGENCY, SUBAGENCY,
OR TRANSACTION -BROKER
ASimn
EXCLUSIVE RIGHT -TO -BUY CONTRACT
(BUYER AGENCY)
Colorado, September 19 19 97
Suzanne Ronchan and/or anaiana ('Buyer)appoints
Name(s) of Buyer(s)
Coates. Reid & Waldron, 720 Eas Hyman Avenue, Aspen CQ 81611 (Broker) as Buyers.
Broker's Name and Address
exclusive agent for the purpose of repo seating Buyer to acquire interests in real property as indicated in Section 3 ('Property') and under the terms specified
herein.
1. $ffeet of Exclusive Binsi.Aeenev Contract Broker u the limited agent of Buyer and will represent only Buyer.
By engaging Broker as Buyers exclusive agent. Buyer epees to conduct all negotiations for Property through Broker and to refer to Broker all inquires
received from real estate brokers. salespersons. prospectwe seam, or any other source during the time this contract is in effect.. Buyer agrees that any
compensation to Broker which is conditioned upon the acquisition by Buyer of interests in real property, whether by lease or purchase (collectively
'Purchase), will be earned by Broker whenever such interests am acquired by Buyer directly or indirectly, without any discount or allowance for any
efforts made by Buyer or any other person in connection with the acquisition of such interests by Buyer.
2. ). 'Purchase of the Property' or 'Purchase' means the voluntary acquisition of any interest in the Property or the voluntary creation of the
right to acquire any interest in the Property (including a contract or lease).
3. property. The Property shall substantially meet the following requirements or be otherwise acceptable to Buyer.
Lots 1. 2. 3 Aspen —Mass Ranch Subdivision. Aspen Colorado
4. Duration of Atenev. Brokers authority as Buyers exclusive agent shall begin April 18 19 97 and
shall continue until the earlier of April 18 19 9 8 or completion of the acquisition of the Property.
5. ,rokers Service(. Broker will exercise reasonable skill and are for Buyer. and make reasonable efforts to locate property.
(a) Broker will promote the interests of Buyer with the utmost good faith. loyalty, and fidelity, including but not limited to:
(1) seeking a price and terms which are acceptable to Buyer. except that Broker shall not be obligated to seek other properties while Buyer is a
party to a contract to purchase Properly;
(2) procuring acceptance of any offer to purchase property and to assist in the completion of the transaction:
(3) presenting all offers to and from Buyer in a timely manner, regardless of whether Buyer is already a party to a contract to purchase
Proper);
(4) disclosing to Buyer adverse material facts actually known to Broker,
(5) counseling Buyer as to any material benefits or risks of the transaction which are actually known to Broker.
(6) advising Buyer to obtain expert advice as to material matters about which Broker knows but the specifics of which are beyond the expenise
of Broker.
(7) accounting in a timely manner for all money and property received: and
(8) informing Buyer that Buyer may be vicariously liable for the acts of Broker when Broker is acting within the scope of the agency
relationship.
(b) Broker shall not disclose to the seller or any other third party, without the informed consent of Buyer.
(1) that Buyer is willing to pay mom than the purchase price for Property:
(2) what Buyers motivating factor(s) are:
(3) that Buyer will agree to financing terms other than those offered:
(4) any material information about Buyer unless disclosure is required by law or failure to disclose such information would constitute fraud or
dishonest dealing: and
(S) any facts or suspicions regarding circumstances which would psychologically impact or stigmatize Property.
(c) Broker shall disclose to any prospective seller all adverse material facts actually known by Broker, including but not limited to adverse material
facts concerning Buyers financial ability to perform the terms of the transaction and whether Buyer intends to occupy Propery as a principal
residence.
(d) Broker shall make submissions to Buyer describing and identifying properties appearing to substantially meet the criteria set fonh in Section 3.
6. Costs of Services or Products Obtained from Outside Sources. Broker will not obtain or order products or services from outside sources unless Buyer
has agreed to pay for them promptlywhen due. (Examples: surveys. soil tests. radon teats. title reports. property inspections.)
7. Compensation to Broker. In consideration r •he services to be performed by Broker. Buyer shall pay Broker as follows
(Instruction: U any of the forma of compensation a :+'tnh in subsections (b), (c), or (d) will 1141 be used. write "N/A* in the blank(s) of eechsubseetion(s).)
(a) Success Pee. Broker shall be paid a fe.. equal to the greater of S or 96 of the purchase price. 'floe tuners lee
is conditioned upon the Purchase of the Property or the acquisition by Buyer of property not in compliance with the requirements specified in Section
3 but within the purview of this contract. This fee is payable upon closing of the transaction(s), subject to the provisions of Section 8. This fee aka
apply to Property contracted for during the original term of this contract or any extension(s) and shall ako apply to Property contracted for within
No. BC 17-9-95 BUYER AGENCY Page
ISG-McAllister Publishing (800)336.1027 Prepared at Coates Reid & Waldron 720 E Hyman Ave. Aspen CO (303)92S-1400
[The punted portions of this form. except (italicized) (differentiated) additions. have been approved by the Colorado Real Estate Commission (BC17-9-95)I
9 0 days after this contract expires or is terminated (Holdover Period) if the Property was shown or specifically presented in writing to
Buyer by Broker during the original term or any extension(s) of the term of this contract: provided. however, that Buyer shall owe no commission to
Broker under this subsection if a commission is earned by another licensed real estate broker acting pursuant to an exclusive right -to -buy contract or an
exclusive agency listing contract entered into during the Holdover Period.
Buyer is obligated to pay Broker's fee. However. Broker is authorized and instructed to request payment of Broker's fee in any of the following
indicated methods:
® BY LISTING BROKER.
® BY SELLER FROM THE TRANSACTION.
0 OTHER
(b) Hourly Fee. Buyer shall pay to Broker at the rate of S per hour for time spent by Broker pursuant to this contract, to be paid to
Broker when billed to Buyer.
(c) Retainer Pee. Buyer shall pay Broker a nonrefundable -retainer fee of S due and payable upon signing of this contract. This
amount ['shall 0 shall not be credited against fees payable to Broker in this Section 7.
(d) Other.
8. Failure to Close. If a seller fails to close with no fault on the part of Buyer. the success fee provided in Section 7(a) shall be waived. If Buyer is at
fault, such success fee will not be waived, but will be due and payable immediately. Broker shall not be obligated to advance funds for Buyer.
9. Disclosure of Broker's Role. At the earliest reasonable opportunity, Broker shall inform any prospective sellers or their brokers with whom Broker
negotiates pursuant to this contract that Broker is acting on behalf of a Buyer-pnncipal.
10. Disclosure of Buyer's Identity. Broker ❑ does ® does not have Buyer's permission to disclose Buyer's identity to third parties without prior
written consent of Buyer.
11. Dual Atencv/Transaction-Broker. If a written Dual Agency or Transaction -Broker Addendum is signed by Buyer, Broker may show Buyer properties
listed by Broker.
12. Other Buyers. Broker may show properties in which Buyer is interested to other prospective buyers without breaching any duty or obligation to Buyer.
13. Assisnment by Buyer. No assignment of Buyer's rights or obligations under this contract and no assignment of rights or obligations in property
obtained for Buyer under this contract shall operate to defeat any of Broker's rights.
14. Nondiscrimination. The parties agree not to discriminate unlawfully against any prospective seller because of the race, creed, color, sex, marital
status. national origin, familial status, physical or mental handicap, religion or ancestry of such person.
15. Recommendation of Leta) Counsel. By signing this document. Buyer acknowledges that the Broker has advised that this document has important
legal consequences and has recommended consultation with legal and tax or other counsel. before signing this contract.
16. Alternative Dispute Resolution: Mediation. If a dispute arises relating to this contract, and is not resolved. the parties involved in such dispute
(Disputants) shall first proceed in good faith to submit the matter to mediation. The Disputants will jointly appoint an acceptable mediator and will share
equally in the cost of such mediation. In the event the entire dispute is not resolved within thirty (30) calendar days from the date written notice requesting
mediation is sent by one Disputants to the other(s), the mediation. unless otherwise agreed, shall terminate. This section shall not alter any date in
this contract. unless otherwise agreed.
17. Attorney Pees. In case of arbitration or litigation between Buyer and Broker in their respective capacities. the parties agree that costs and reasonable
attorney fees shall be awarded to the prevailing party.
18. Additional Provisions. (The language of these additional provisions has not been approved by the Colorado Real Estate Commission).
19. Modification of this Contract. No subsequent modification of any of the terms of this contract shall be valid. binding upon the parties. or enforceable
unless in writing and signed by the parties.
20. Entire Aereement. This contract constitutes the entire agreement between the parties and any prior agreements, whether oral or written, have been
merged and integrated into this contract.
21. Counterparts. If more than one person is named as a Buyer herein. this contract may be executed by each Buyer, individually, and when so executed,
such copies taken together shall be deemed to be a full and complete contract between the parties.
22. Coov of Contract. Buyer acknowledges receipt of a copy of this contract signed by Broker.
Accepted:
Broker. COATES, REID & WALDRON REAL. ESTATE Buyer.
S a e- Konbhan an /or 1.s� signs
By: ',.1(OZ. S�_ Buyer.
Brian L. Hazen
Address: 720 East Hyman Avenue, Aspen, CO 81611 Address:
Phone: (970) 925-1400 Lo)
(970) 925-2895 (f)
(970) 925-5585 (h)
hha,Pn2rnf ne
No. BC17-9-95 BUti :2t AGENCY
ISG-McAllister Pool's ..rig (8i,t;7! c
Phone:
Page -2-
1.
CONTRACT TO BUY AND SELL VACANT LAND/REAL PROPERTY
AND WATER SYSTEM IMPROVEMENTS
1. PARTIES AND PROPERTY
THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY ("Purchaser"),
and/or assigns, agrees to buy and ASPEN MASS PARTNERS ("Seller"), agrees to sell, on the terms
and conditions set forth below, the following described real estate located in Pitkin County,
Colorado, to wit:
Lot FP-2, Aspen Mass Ranch Subdivision as set forth on the Second Amended Final
Plat recorded in Plat Book 35 at Page 62, Pitkin County records.
The real estate shall be conveyed together with all of Seller's interest in all easements and
rights -of -way appurtenant thereto, all physical improvements thereon and associated with the
property including, but not limited to, all domestic water supply facilities and improvements
constructed throughout Aspen Mass Ranch Subdivision, all growing crops, grass, hay, and trees and
all and mineral rights owned by the Seller appurtenant thereto, collectively referred to herein as the
"Property."
2. PURCHASE PRICE AND TERMS
The purchase price for the Property shall be $10.00 together with the additional consideration
described below:
a. Earnest Money Deposit. There shall be no earnest money deposit required from
Purchaser under this contract.
b.
Assumption of Subdivision Improvement Agreement Obligations. As additional
consideration for the purchase of the Property, Purchaser agrees to accept as
adequate, all existing improvements constructed by Seller within the Aspen -Mass
Ranch Subdivision, including, but not limited to, roads, electric power lines,
telephone lines, TV cable, wells, pumps, storage tanks and other water facilities
located on Subdivision property. Further, the Purchaser agrees to assume, cancel,
forever waive and discharge any and all of Seller's remaining obligations under that
certain Subdivision Improvements Agreement dated May 9, 1989, by and between
Aspen Mass Partners and the Board of County Commissioners of Pitkin County, and
recorded at Book 592, Page 104, Pitkin County records and any other subdivision
approval document or regulation, it being the intent of the parties to fully and finally
release the Seller from all obligations and liabilities associated with its development
of the platted subdivision known as Aspen Mass Ranch upon the conveyance of Lot
FP-2 to the Purchaser. This subparagraph (b) shall survive the closing.
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3. EVIDENCE OF TITLE
Seller shall furnish to Purchaser at Seller's sole cost and expense, a current ALTA
commitment for title insurance on the Property from Stewart Title Company in an amount equal to
the purchase price, together with copies of all instruments listed in the Schedule of Exceptions of
said title insurance commitment, as requested by Purchaser, within twenty (20) days following the
date of this contract. The title insurance commitment, together with any copies of all instruments
furnished pursuant to this paragraph shall constitute the title documents.
4. MERCHANTABLE TITLE AND CURE OF DEFECTS
If title is not merchantable, in Purchaser's sole discretion, and written notice of any defect(s)
is given by Purchaser to Seller on or before the twentieth (20th) day following delivery of the title
documents referred to in the previous paragraph, Seller shall undertake reasonable efforts to correct
said defect(s). If the title is not rendered merchantable, to Purchaser's satisfaction, on or before the
end of the due diligence and inspection, as described in paragraph 5 below, then at Purchaser's
option, Purchaser may accept the title as Seller is able to deliver or the Purchaser may declare this
contract to be null and void and of no effect, whereupon each party shall be released from all
obligations hereunder. In the event that no notice is given to the Seller within the time frame set
forth herein, title to the Property shall be deemed merchantable.
5. MATTERS NOT SHOWN BY THE PUBLIC RECORDS
Seller shall deliver to Purchaser, within ten (10) days following the date of the this contract
copies of all leases and surveys in Seller's possession pertaining to the Property and shall disclose
to Purchaser all easements, liens or other title matters not shown by the public records or the title
documents of which Seller had, or in the exercise of reasonable care should have had, actual
knowledge. All such matters shall be subject to Purchaser's approval and right to object as provided
in the preceding paragraph. Purchaser shall have the right to inspect the Property to determine if any
third party has any right in the Property not shown by the public records (such as, an unrecorded
easement, unrecorded lease, or boundary line discrepancy); but such inspection shall not alleviate
Seller's obligations hereunder to deliver the Property free and clear of all parties in possession.
6. CONDITIONS PRECEDENT TO C OSING
Purchaser's obligation to purchase the Property pursuant to the terms of this contract is
expressly contingent upon and subject to the following conditions precedent:
a. Due Diligence Review. Purchaser shall have until January 21, 1998, to inspect the
Property for its suitability for Purchaser's purposes. If Purchaser notifies Seller in
writing on or before that date that the Property .will not be suitable for its desired
purposes this contract shall terminate. If Purchaser fails to notify Seller in writing on
or before that date, this contingency shall be deemed waived.
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b. Joint Purchase of Other Aspen -Mass Ranch Properties. Purchaser intends to
purchase the subject Property in conjunction with its acquisition of Lots 1, 2 and 3
of Aspen Mass Ranch Subdivision. If Purchaser elects to not purchase these Lots,
Purchaser may notify Seller in writing on or before January 21, 1998, of its intention
to not purchase these Lots and this contract shall terminate. If Purchaser fails to
notify Seller in writing on or before that date, this contingency shall be deemed
waived.
7. DATE OF CLOSING
The date of closing shall be February 4, 1998.
8. DELIVERY OF TITLE
Subject to compliance with the other terms and provisions of this contract, Seller shall
execute and deliver a good and sufficient warranty deed conveying the fee simple title to the Property
to Purchaser at closing, free and clear of taxes except general property taxes for the year of closing;
free and clear of all liens for special improvements installed as of the date of this contract, whether
assessed or not; free and clear of all other liens and of other encumbrances except those disclosed
by the title commitment and excepted by Purchaser. At closing Seller agrees to deliver to Purchaser
a fully executed title insurance policy consistent with the title insurance commitment.
9. PAYMENT OF ALL ENCUMBRANCES
Any encumbrance upon the Property not permitted under the terms of this contract shall be
paid at the time of settlement from the proceeds of this transaction and any and all releases of deeds
of trust or other encumbrances shall be made by the title company at closing.
10. PRORATIONS
General property taxes and assessments for special improvements for the year of closing shall
be prorated to the date of closing based on the most recent tax bill and shall be deemed final between
the parties.
11. CLOSING COSTS. DOCUMENTS AND SERVICES
Purchaser and Seller shall pay their respective closing costs at closing and shall sign and
complete all customary or reasonably required documents by the title company at or before closing.
12. CONDITION OF AND DAMAGE TO PROPERTY
The Property shall be conveyed at closing in its present condition. In the event the Property
or any inclusions shall be damaged by fire or other casualty prior to closing, such that its value is
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reduced by more than 10%, this contract may be terminated at the option of Purchaser. Should the
Purchaser elect to carry out this contract despite such damage, Purchaser shall be entitled to credit
for all the insurance proceeds resulting from such damage to the Property, not exceeding, however,
the total purchase price.
13. POSSESSION
Possession of the Property shall be delivered to Purchaser on the date of closing free and
clear of all parties in possession.
14. TIME OF ESSENCE
Time is of the essence hereof.
15. REMEDIES
a. If Purchaser fails to perform its obligations at closing and acquire the Property, for
anyreason other than its exercise of an expressed right of termination contained
herein, Seller may elect:
1. To retain all eamest money payments and things of value received hereunder,
it being agreed that such payments or things of value are liquidated damages;
or,
r..,4-- Te4 eat -tom contra ��
b. If Seller is in default hereunder Purchaser may elect any or all of the following
remedies:
1. To treat this contract as terminated in which case all earnest money payments
and things of value hereunder shall be returned to Purchaser.
2. Purchaser may recover such damages as may be proper.
3. Purchaser may elect to treat this contract as being in full force in effect
whereupon Purchaser shall have the right to an action for a specific
performance or damages or both.
c. In the event of any litigation arising out of this contract, the Court may award to the
prevailing party its reasonable costs and expenses including attorneys fees.
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16. ENTIRE AGREEMENT
This contract constitutes the entire agreement between the parties hereto and supersedes all
prior and contemporaneous agreements, representation and understandings of the parties regarding
the subject matter of this contract. No supplement, modification or amendment of the contract shall
be binding unless executed in writing by the parties hereto.
17. COUNTERPARTS/FACSIMILE
This contract may be executed in one or more counterparts, each of which shall be deemed
an original but all of which together shall constitute one and the same instrument. A facsimile
signature shall have the same effect as an original signature, nevertheless, the executed document
with the original signature shall be delivered to the non -signing party within three (3) days after
execution.
18. BINDING EFFECT/ASSIGNMENT
This contract shall be binding upon and shall inure to the benefit to the parties hereto and
their respective heirs, successors and assigns.
19. RECOMMENDATION OF LEGAL COUNSEL
By signing this document, Purchaser and Seller acknowledge the advisability of obtaining
the advice of independent legal counsel regarding examination of title documents in the terms of this
contract.
20. GOVERNING LAW
This contract shall be governed by and construed in accordance with the laws of the State of
Colorado and the parties hereby consent to the exclusive jurisdiction of the Colorado State Courts
in the event of any controversy or suit arising hereunder. Venue shall be in Pitkin County, Colorado.
21. SEVERABILITY
If any provision of this contract is held by a Court of competent jurisdiction to be invalid,
void or unenforceable, the remainder of this contract shall remain in full force and effect and shall
in no way be impaired.
22. NOTICES
All notices and other communication tendered in connection with this contract shall be in
writing and shall be deemed to have been duly given when delivered in person or by telefax or on
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the third day after mailing, if mailed registered or certified mail, postage pre -paid and properly
addressed as follows:
TO SELLER AT:
Harvey D. Palmer
10734 Belmar Ave.
Northridge, CA 91326
WITH COPY TO:
Brian L. Stowell, Esq.
Patrick & Stowell, P.C.
205 S. Mill St., Suite 300
Aspen, CO 81611
fax: (970) 925-6847
TO PURCHASER AT:
John M. Ely, Esq.
Pitkin County Attorneys. Office
530 E. Main St., Suite 302
Aspen, CO 81611
fax: (970) 920-5198
23. COLORADO DISCLOSURE
Seller and Purchaser agree and acknowledge that C.R.S. §39-22-604.5 provides that in the
case of any conveyance of any Colorado Real Property interest, the person or party providing closing
and settlement services shall be required to withhold an amount equal to 2% of the sales price or the
net proceeds resulting from such conveyance, whichever is less, when the transferor is a non-resident
of the State of Colorado. Seller shall be obligated to comply with the withholding requirement of
C.R.S. §39-22-604.5 or provide an affidavit in the form and content satisfactory to the title company
providing closing and settlement services which certifies that Seller is not subject to the withholding
requirements.
24. SPECIAL TAXING DISTRICTS
Special taxing districts may be subject to general obligation indebtedness that is paid by
revenues produced from annual tax levies on the taxable property within such districts. Property
owners in such districts may be placed at risk for increased mill.levies and excessive tax burdens to
support the servicing of such debt if circumstances arise resulting in the inability of such a district
to discharge such indebtedness without such an increase in mill levies. Purchaser shall investigate
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the debt financing requirements of the general obligation indebtedness of such districts, existing mill
levies of such districts serving such indebtedness, and the potential for an increase in such mill
levies.
25. RECORDING
The parties shall agree that this contract shall not be recorded in the public records.
26. AGENCY DISCLOSURE
The parties acknowledge that the Property is not listed for sale with any real estate brokerage,
and that neither Purchaser nor Seller shall be obligated to pay any real estate commission in
connection with the sale of the Property contemplated herein. Purchaser and Seller shall each
indemnify and defend each other from and against any and all claims for liability for the payment
of any real estate commission in connection herewith.
27. BINDING CONTRACT
Upon execution of this contract by both Purchaser and Seller, this instrument shall become
and be deemed a binding contract between Purchaser and Seller. The effective date of the contract
shall be the latest date of execution by either Purchaser or Seller. In no event shall any time periods
under this contract begin to run until this contract has been fully executed by both Seller and
Purchaser and Seller has delivered to Purchaser a fully executed original counterpart of the same.
28. ASSIGNMENT
This contract is assignable and shall be binding on all successors and assigns of the parties
hereto.
PURCHASER:
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY
e one , ounty Manager
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APPROVED BY I IIIIII IIIII IIIIII IIIII IIIHI IIII IIIIII III IIIII IIII IIII
ORDINANCE 413487 02/11/1008 02:20P WD DAVIS SILVI
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GENERAL WARRANTY DEED
WILLIAM L. LANDMAN and ROBERT J. GIACINTO, as tenants -in -
common, whose address is 0027 Light Hill Road, Snowmass, Colorado
81654, for Ten Dollars ($10.00) and other good and valuable
consideration, in hand paid, hereby sell and convey to THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO and CITY OF ASPEN,
COLORADO, whose address is c/o Pitkin County Attorney, 530 East
Main Street, Aspen, Colorado 81611, the following real property in
the County of Pitkin and State of Colorado, to -wit:
Lot 1,
ASPEN -MASS RANCH SUBDIVISION,
According to the Plat thereof recorded May 10,
1989 in Plat Book 22 at Page 53, Final Plat
Amendment Recorded July 28, 1992 in Plat Book
29 at Page 46, and Second Amended Final Plat
recorded October 14, 1994 in Plat Book 35 at
Page 62,
County of Pitkin,
State of Colorado,
with all its appurtenances and WARRANTS the title to the same,
SUBJECT TO: taxes not yet due and payable for the year of closing;
any tax, special assessment, charge or lien imposed for water or
sewer service, or for any other special taxing district; water
rights or claims to water rights; right of the proprietor of a vein
or lode to extract and remove his ore therefrom should the same be
found to penetrate or intersect the premises as reserved in United
States Patent recorded December 10, 1901, in Book 55 at Page 501 as
recorded April 1, 1925 in Book 55 at Page 282; one-half interest in
and to any and all minerals of whatsoever kind and nature in and
under subject property as reserved by Robert W. Burlingame,in the
Deed recorded August 26, 1959 in Book 188 at Page 390, as modified
by Deed recorded December 10, 1965 in Book 217 at Page 352, any and
all assignments thereof or interests therein; one -eighth of all oil
royalty on the subject property as reserved by Robert W. Sanders
and Zella J. Sanders in the Deed recorded April 15, 1949, in Book
166 at Page 576, any and all assignments thereof or interests
therein; terms, conditions, provisions, easements and rights of way
as set forth in Access Easement Agreement recorded December 16,
1976 in Book 321 at Page 439.and recorded November 1, 1978 in Book
357 at Page 407; terms, conditions, provisions and obligations as
contained in Resolution No. 88-8 recorded March 15, 1988 in Book
558 at Page 960, Resolution No. 88-80 recorded May 10, 1989 in Book
592 at Page 83, Resolution No. PZ-92-03 recorded February 3, 1992
in Book 668 at Page 388, and Resolution No. 92-7 recorded October
20, 1992 in Book 691 at Page 902; Restrictive Covenants, which do
not contain a forfeiture or reverter clause, as contained in
instrument recorded May 10, 1989, in Book 592 at Page 86; terms,
conditions and provisions of Subdividers Agreement as contained in
instrument recorded May 10, 1989, in Book 592 at Page 104; terms,
conditions and provisions of Agreement recorded January 21, 1992 in
.Q'kurw
5 3 0 6a sf ,'/4; J •!
Ayeo 8.1d11
1
Book 667 at Page 289; terns, conditions and provisions of Articles
of Incorporation recorded February 7, 1992, in Book 668 at Page
907; terms, conditions and provisions of Ratification recorded
September 27, 1996 under Reception No. 397507; and easements,
rights of way and other matters as set forth on the Plats of
subject property recorded May 10, 1989, in Plat Book 22 at Page 53,
recorded July 28, 1992, in Plat Book 29 at Page 46, and recorded
October 14, 1994, in Plat Book 35 at Page 62.
SIGNED this 10 day of February, 1998.
N uz.
4
WILLIAM L. LANDMAN ROBERT J INTO
STATE OF COLORADO
COUNTY OF PITRIN
The foregoing,Ge eral Warranty Deed was acknowledged and
signed before me this to day of February, 1998, by WILLIAM L.
LANDMAN.
WITNESS my hand and offi ial, seal.
My commission expires: ,23 9(
STATE OF COLORADO
COUNTY OF PITRIN
)
)
s8.
Notary
The foregoing General Warranty Deed was acknowledged and
signed before me this 1411 day of February, 1998, by ROBERT J.
GIACINTO.
WITNESS my hand and offj�,cci 1 seal.
My commission expires:5f7k7O q
111111111111111111111111111111111111111 III 1111111111111
413407 02/11/1998 02:29P WO DAVIS SILV!
2 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
2
1
111111111111111111111111111111111111111111111111(111111
413244 02/04/100S O4:20P WD DAVIS SILVZ
1 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
THIS DEED , Made on this day of February 04, 1998
between
GORDON A. GUNDAKER REAL ESTATE CCMPANY, INC.
a corporation duly organized and existing under and by virtue of the laws of
the State of MISSOURI of the first part, and
BOARD OF COUNTY CICNMISSIONERS OF PITKIN
COUNTY, COLORADO AND CITY OF ASPEN, COLORADO
whose legal address is 7�t/EAST� J/ i // 530 East Main Street,
A5 FI�1 81611
of the County of PITKIN and State of COLORADO, of the second part:
WITNESSETH, That the said party of the first part, for and in consideration of the sun of (*1,050,000.00 )
ONE MILLION FIFTY THOUSAND DOLLARS AND 00/100THS
to the said party of the first part in hand paid by the said part(ies) of the second part, the receipt whereof is hereby
confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell,
convey and confirm unto the said part(ies) of the second part, their heirs and assigns forever, all of the following
described lot(s) or parcet(s) of land, situate, lying and being in the County of PITKIN and State
of Colorado, to wit:
LOTS 2 AND THE PLAT THEREOF
RECORDED 3, 10,ASPEN-MASS
PLAT BRANCH O
OK 22 A TP$E53�FINPING LPLAT AA T RECORDED
JULY 28, 1992 IN PLAT BOOK 29 AT PAGE 46, AND SECOND AMENDED FINAL PLAT RECORDED
OCIOBER 14, 1994 IN PLAIT BOOK 35 AT PAGE 62. CDtNW OF PITKIN, STATE OF COLORADO
413244
TRANSFER DECLARATION RECEIVED D2/04/1998
also known as street and numberVACANT LAND
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining,
and the reversion or reversions, remainders, rents, issues and profits thereof; and all the estate, right, title,
interest, claim and demand whatsoever of the said party 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 part(ies)
of the second part (their) heirs and assigns forever. And the said
GORDON A. GralDAMISR REAL ESTATE COMPANY, INC.
party of the first part, for itself, and its successors, does covenant, grant, bargain and agree to and with the said
part(ies) of the second part, (their) heirs and assigns, that at the time of the enseaLing and delivery of these presents
it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheri-
tance, in Law, in fee simple, and has good right, full power and tawfut authority to grant, bargain, sell and convey the
same in manner of form aforesaid, and that the same are free and clear from aLl former and other grants, bargains, sales,
liens taxes assessments and incurbrances of whatever kind or nature soever;
SUBJECT 'f0 THOSE MATTERS AS SET FORTH ON EXHIBIT "A" ATTACK HERETO
and the above bargained premises in the quiet and peaceable possession of the said part(ies) of the second part their
heirs and assigns, against all and every person or persons Lawfully claiming or to claim the whole or any part thereof,
the said party of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said party of the first part has caused its corporate name to be hereunto subscribed by its
President and its corporate seat to be hereunder affixed, attested by its
Secretary, the day and year first above written.
Attest:
State of Missouri
County County of St. Louis' ss.
GORDON A. GUNDAKER REAL ESTATE COMPANY,
INC.
jna, Vice President
The foregoing instrument was A(;knnwlndaed before me his day of 04
by Michael J. Hejna as Vice Press ent of - I n :1GM19diaker Real
Estate,o
c.
•r 1flT44e 111i.my notarial commission
F U t Witness my ha
s ►rOOr
any '» -
•
. =, . .
4 Pt
Form No. W�OOR�• _' CorPQr9'cion
JANA S P
NOTARY PUBLIC — NOTA
STATE OF MiSSOU
ST. LOUIS COUN
MY COMMISSION EXP. FEB. 10,1998
eprr'es"
and offic
seal.
Notary Public
( Tuii.N H74 et-Y
�trle rti P Atz-j
ir N
EXHIBIT �y
THE EFFECT OF INCDUSIONS IN ANY GENERAL OR SPECIFIC W T 2t CONSERVANCY, FIRE
PROTECTION, SOIL CONSERVATION OR CTHER DISTRICT OR INCLUSICO IN ANY WRYER
SERVICE OR STREET IMPROVEMENT AREA.
WATER RIGHTS OR CLAIMS TO WATER RIGHTS.
RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED December 10, 1901, IN BOOK 55
AT PAGE 501 AND RECORDED APRIL 1, 1925 IN BOOK 55 AT PAGE 282.
ONE-HALF INTEREST IN AND TO ANY AND ALL MINERALS OF WHATSOEVER KIND AND
NATURE IN AND UNDER SUBJECT PROPERTY AS RESERVED BY ROBERT W. BURLINGAME IN
THE DEED RECORDED AUGUST 26, 1959 IN BOOK 188 AT PAGE 390, AS MODIFIED BY
DEED RECORDED DECKER 10, 1965 IN BOOK 217 AT PAGE 352, ANY AND ALL
ASSIGNMENFI'S THEREOF OR INTERESTS THEREIN.
ONE -EIGHTH OF ALL OIL ROYALTY ON THE SUBJECT PROPERTY AS RESERVED BY ROBERT
W. SANDERS AND 7ELLA J. SANDERS IN THE DEED RECORDED APRIL 15, 1949 IN BOOK
166 AT PAGE 576, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN
ACCESS EASEMENT ACTT RECORDED DECEMBER 16, 1976 IN BOOK 321 AT PAGE
439 AND RECORDED NOVvIBER 1, 1978 IN BOOK 357 AT PAGE 407.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN RESOLUTION
NO. 88-8 RECORDEDIMARCH 15, 1988 IN BOOK 558 AT PAGE 960, RESOLUTION
NO. 88-80 RECORDED MAY 10, 1989 IN BOOK 592 AT PAGE 83, RESOLUTION
NO. PZ-92-03 RECORDED FEBRUARY 3, 1992 IN BOOK 668 AT PAGE 388, AND
RESOLUTION NO. 92-7 RECORDED OCZOBER 20, 1992 IN BOOK 691 AT PAGE 902.
RESTRICTIVE COVENANTS, WHICH CO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED May 10, 1989, IN BOOK 592 AT
PAGE 86.
TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT AS CONTAINED IN
INSTRUMENT RECORDED May 10, 1989, IN BOOK 592 AT PAGE 104.
TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED January 21, 1992 IN
BOOK 667 AT PAGE 289.
TERMS, CONDITIONS AND PROVISIONS OF ARTICLE, OF INCORPORATION RECORDED
February 07, 1992 IN BOOK 668 AT PAGE 907.
TERMS, CO DITICNS AND PROVISIONS OF RATIFICATION RECORDED September 27,
1996 UNDER RECEPTION NO. 397507.
EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLATS OF
SUBJECT PROPERTY RECORDED MAY 10, 1989 IN PLAT BOOK 22 AT PAGE 53, RECORDED
JULY 28, 1992 IN PLAT BOOK 29 AT PAGE 46, AND RECORDED OCTOBER 14, 1994 IN
PLAT BOOK 35 AT PAGE 62.
RIGHT OF WAY AS GRANTED TO STATE DEPARTMENT OF HIGHWAYS IN INSTRUMENT
RECORDED NOVEMIDER 8, 1984 IN BOOK 476 AT PAGE 518.
RIGHT OF WAY AS GRANTED TO THE BOARD OF COUNTY COMMISSIONERS IN INSTRUMENT
RECORDED APRIL 9, 1951 IN BOOK 177 AT PAGE 117.
TERMS, CONDITIONS AND PROVISIONS OF CONSTRUCTION N LICENSE RECORDED November
11, 1986 IN BOOK 522 AT PAGE 472. ___
1111111111111111111111111111111111111111111111111111
413244 02/04/1988 04:28P ND DAVIS SILVI.
2 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
i 1wi mii nim1u m mein 9i m mu iiw ini
1 of 4 R 0.80 D 8.88 N 8.00 PITKIN COUNTY CO
CONTRACT #
±�1I\S(.1
WARRANTY DEED #
THIS DEED, made this 24th day of January, 1998, between Aspen MN
joint venture , of the County of Pitkin, State of Colorado, grantor, and both the Pitkin County Board
of County Commissioners and the City of Aspen whose legal addresses respectively are 530 East
Main Street, Aspen Colorado, 81611, and 130 South Galena Street, Aspen, Colorado, 81611, of the
County of Pitkin, State of Colorado, grantees as tenants in common:
7
rO11BY ANCE
WITNESSETH, 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 grantees, their heirs and assigns forever, all the real property, together with
improvements, if any, situate, lying and being in the County of Pitkin, State of Colorado, described
as follows:
Parcel FP-2, Aspen -Mass Ranch Subdivision, according to the plats thereof recorded
May 10, 1989, in Plat Book 22 at Page 53 as Reception No. 311334, and recorded
July 28, 1992, in Plat Book 29 at Page 46 as Reception No. 347152, and Second
Amended Plat recorded October 14, 1994, in Plat Book 35 at Page 62 as Reception
No. 375307
TOGETHER with all appurtenances and warrants title to the same, subject to current year
property taxes and all subsequent property taxes, special assessments, covenants, restrictions,
-.0 reservations, easements, rights of way and encumbrances, existing or apparent, or of record,
including, but not limited to, those matters contained on Exhibit "A", attached hereto; and further
subject to any pending land use proceedings before Pitkin County, including but not limited to, a lot
line adjustment application of Sam and Noelle LeBlanc.
A(.. �,A( I C 0L)
3-
WARRANTY DEED
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
Aspen Mass Partners,
A Missouri Joint Venture
Harvey . Palmer, Managing Partner
STATE OF CALIFORNIA )
) SS.
COUNTY OF 1s
The foregoing instrument was acknowledged before me this 24 day of rl Nurvie-
1998, by Harvey D. Palmer.
Witness my hand and official seal.
My Commission expires: WIC .
Notary Public
111.1111E1111,11j111111111,1111111111111111111111
2 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
2
ELLEN L. SPERLING
COMM.. 1130103
_ r NOTARY PUBuC.CAUFORNIA
1.06 ANGELES COUNTY
My Comm. Exp. Apr0 7, 2001
i iiuN Hill 111111 11111 III 11111111 iim ni nm 11111111
413580 02/17/10S O4:17P MO DAVIS SILVI
3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
WARRANTY DEED
EXHIBIT "A"
1. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the
same be found to penetrate or intersect the premises hereby granted, as reserved in United
States Patent recorded December 10, 1965, in Book 55 at Page 501 as Reception No. 66619.
2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the
same be found to penetrate or intersect the premises hereby granted, as reserved in United
States Patent recorded April 1, 1925, in Book 55 at Page 282 as Reception No. 32923.
3. An undivided one-half interest of any and all minerals of whatsoever kind and nature as
reserved in deed recorded August 26, 1959, in Book 188 at Page 390.
NOTE: Deed recorded December 10, 1965, in Book 217 at page 352 as Reception No.
122749, relinquishes the surface rights to subject property.
4. Right of way and easement granted unto Rocky Mountain Natural Gas Company as set forth
in instrument recorded October 19, 1961, in Book 195 at Page 426, as Reception No.
112276, and as shown on Plat recorded in Plat Book 2A at Page 273.
5. Easement and right of way to construct, operate, maintain and remove communication and
other facilities as granted to The Mountain States Telephone and Telegraph Company, as set
forth in instrument recorded March 13, 1970, in Book 247 at Page 302 as Reception No.
139673.
6. An easement for ingress and egress as set forth in instrument recorded August 31, 1962, in
Book 199 at Page 97.
7. Easements, rights of way, restrictions and limitations as shown and contained in Plats of
Aspen -Mass Subdivision recorded May 10, 1989, in Plat Book 22 at Page 53 as Reception
No, 311334, and recorded July 28, 1992, in Plat Book 29 at Page 46 as Reception No.
347152, and recorded October 14, 1994, in Plat Book 35 at Page 62 as Reception No.
375307.
8. Terms, conditions, obligations and provisions of Restriction Against Further Development
as set forth in Plats of Aspen -Mass Subdivision recorded May 10, 1989, in Plat Book 22 at
page 53 as Reception No. 311334, and recorded July 28, 1992, in Plat Book 29 at Page 46
as Reception No. 347152, and recorded October 14, 1994, in Plat Book 35 at Page 62 as
Reception No. 375307.
9. Teams, conditions, obligations and provisions of Subdivision Improvements Agreement as set
forth in instrument recorded May 10, 1989, in Book 104 as Reception No. 311336.
3
WARRANTY DEED
10. Terms, conditions obligations and provisions of Protective Covenants as set forth in
instrument recorded May 10, 1989, in Book 592 at Page 86 as Reception No. 311335.
11. Terms, conditions, obligations and provisions of Findings and Order Concerning the Inclusion
of Lands in the Basalt Water Conservancy District, as set forth in instrument recorded April
9, 1992, in Book 674 at Page 103 as Reception No. 343392.
12. Terms, conditions, obligations and provisions of Agreement by and between the Estate of
Morgan Merrill, Maurice L. Martin, et al., as set forth in instrument recorded January 21,
1992, in Book 667 at Page 289 as Reception No. 340784, and Confirmation Letter recorded
April 7, 1992, in Book 673 at page 802 as Reception No. 343299.
13. Access Easement Agreement as set forth in instrument recorded November 1, 1978, in Book
357 at Page 407 as Reception No. 208773.
14. Terms, conditions, obligations and provisions of' Resolution of the Board of County
Commissioners of Pitkin County, Colorado, granting Rezoning from RS-20 to AF-1, General
Submission Three Residential GMP Allotments, and 1041 hazard Review Approvals to the
Aspen -Mass Partner, Resolution No. 87-67 recorded August 26, 1987, in Book 544 at Page
538 as Reception No. 292274; Resolution of the Board of County Commissioners of Pitkin
County, Colorado, Approving the Aspen -Mass Ranch request to Amend the Growth
Management Quota System Scoring, Resolution No. 88-8, recorded March 15, 1988, in Book
558 at page 960 as Reception No. 2982778; Resolution of the Board of County Commission-
ers of Pitkin County, Colorado, Granting Rezoning from RS-20 to AF-1, 1041 Hazard
Review, Detailed Submission and final Plat Approval to the Aspen -Mass Partners, Resolution
No. 88-80 recorded May 10, 1989, in Book 592 at Page 83 as Reception No. 311333;
Resolution of the Pitkin County Planning and Zoning Commission Granting Approval of the
Aspen -Mass Ranch Subdivision Insubstantial Plat Amendment, Resolution No. PZ-92-03
recorded February 3, 1992, in Book 668 at Page 388 as Reception No. 341202; Resolution
of the Aspen/Pitkin County Housing Board Conditionally Endorsing the Concept of Deferring
or Changing the Cash -in -lieu Payment for the Aspen -Mass Ranch Subdivision, Resolution No.
92-7, recorded October 20, 1992, in Book 691 at page 902 as Reception No. 349860.
15. Terms, conditions, obligations and provisions of Articles of Incorporation of Aspen -Mass
Ranch Homeowners' Association, a Colorado Nonprofit Corporation as set forth in
instrument February 7, 1992, in Book 668 at page 906 as Reception No. 341428.
66JD WD.02.
1 IIINI 1111111111111111111 IlIIHII 11111 III IIIII 1111(III
413$Sg 02/1T/1U$ $4e1IP w0 DRvss SILVZ
4 ei 4 R 0.0m D ®.®8 N 8.80 P=TKXN COUNTY CO
4