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Home My WebLink Aboutbocc.ord.026.1998111111 11111 111111 111 11(111 111111 1 11111 111 1111111111111 424078 11/02/1998 03:49P ORDINANC DAVIS SILVI 1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING THE CHAIR TO EXECUTE A QUIT CLAIM DEED, GRANTING A PORTION OF THE MOLLIE GIBSON PARCEL TO THE CITY OF ASPEN ORDINANCE #98-26 RECITALS 1. Pitkin County currently owns real property known as the Mollie Gibson parcel as more particularly described on Exhibit A attached hereto and incorporated by this reference, which is a parcel of 7.921 acres, currently located outside the boundaries the City of Aspen, (hereinafter the "Property"). 2. In connection with previous development approvals for the Smuggler Mine and for Williams Ranch, Williams Ranch Joint Venture agreed to make improvements on the County Property and to provide maintenance for such improvements, such improvements now known as the Mollie Gibson Park. 3. Williams Ranch Joint Venture has requested that the City of Aspen assume maintenance of the Mollie Gibson Park. 4. Only a portion of the Property is improved with the park and related roadways, trails and parking. 5. The City of Aspen will assume maintenance of Park, and will accept ownership of the Mollie Gibson Park and the additional land adjoining the Park after the County resolves outstanding title issues with Wilk Wilkinson. 6. The County prepared a Subdivision Exemption Plat which shows the portion of the Property to be conveyed to the City of Aspen and the portion of the Property which will continue to be owned by the County. 7. The Board of County Commissioners finds that the conveyance of a portion of the Property to the City of Aspen for open space, park and parking purposes is not a subdivision within the purpose of C.R.S. §30-28-101, et seq. 8. The Board of County Commissioners has the power pursuant to C.R.S. §30-28-101 (10) (d) to exempt this division of land from the definition of the terms subdivision and subdivided land. NOW THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Pitkin County, Colorado as follows: 111111111111111111111111111111111111111111111111111111 427996 02/22/1999 11:52A ORDINANC DAVIS SILVI 1 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Ordinance # 98 -26 Page 2 111111 IIIII IIIIII III IIIIII IIIIII IIIIII III IIIII IIII IIII 424078 11/02/1998 03:49P ORDINANC DAVIS SILVI 2 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 1. The division of the Property described in Exhibit A, the Mollie Gibson parcel, into two lots, is exempt from the definition of subdivision. 2. The Subdivision Exemption Plat shall be recorded prior to conveyance of Lot 2 to the City. 3. Following recordation of the subdivision exemption plat, showing Lot 1 as the parcel to be retained by the County and Lot 2 as the parcel to be conveyed to the City, the County shall convey Lot 2 to the City of Aspen, with the restriction that the property be used only for open space, park, and related parking purposes, subject to the existing roads, trails and easements on the parcel. 4. The Chair is authorized to execute the deed for Parcel 2 to the City and a subdivision exemption plat following approval of the form of those documents by the County Attorney's office, and is authorized to execute such other documents as may be necessary to finalize this transaction. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 8th DAY OF JULY, 1998. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 11TH DAY OF JULY, 1998. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 14TH DAY OF OCTOBER, 1998. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 24TH DAY OF OCTOBER, 1998. This Ordinance shall become effective thirty (30) days after publication following final adoption by the Board. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Je •,' ette Jones / Dorothea Farris De uty Clerk Chair Date: 11111111111011111111111111111111111111111111111111111 427996 02/22/1999 11:62A ORDINANC DAVIS SILVI 2 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Ordinance # 98 -26 Page 3 11011111111111111111111111111111111111111111111111111 424078 PITD VIS SILVI 3of4 R0.00 D0.00NKIN COUNTY CO APPROVED AS TO FORM: Deborah Quinn Assistant County Attorney Ic/ords/MOLLIORD.DOC Suza Konchan Cou . anager IIIIIII Hill 111111 11111111 11111111 011 III 1111111i1 im 427996 02/22/1999 11:52A ORDINANC DAVIS SILVI 3 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO SCHEDULE A Order Number: 00024399 LEGAL DESCRIPTION The Mollie .Gibson Park Parcel is located in the SE1/4 of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, and more particularly described as follows: Beginning at the Northeasterly reentrant corner of the Mollie Gibson Park Parcel identical wicn the Southwesterly corner of the Smuggler Mine Subdivision and identical with Corner No. 2 of Smuggler, M.S. 1656 marked on the ground with a 5/8 inch diameter rebar with a 1 I/4 inch diameter yellow cap mounted thereon found in place whence Corner No. 1 of Mollie Gibson, M.S. 4281 AM an original marked stone found in place bears South 34°13'56" East 10.00 feet and whence the Center 1/4 corner of said Section 7 bears North 40°54'30" West 2184.68 feet; thence North 56°36'26" East 48.16 feet; thence South 45°30'00 Mast 147.18 feet; thence South 45°30'00" West 485.65 feet; thence North 67°27'17" west 186.82 feet; thence North 41°54'58" Nest 200.60 feet; thence North 38°00'00" East 135.56 feet; thence North 43°34'35" West 188.89 feet; thence North 46°05'25" East 65.00 feet: thence North 05°58'23" East 224.13 feet; thence North 40°28'10" West 59.52 feet; thence North 47°37'25" West 48.47 feet; thence North 55°41'35" East 241.73 feet; thence South 34°13'57" East 639.78 feet to the Point of Beginning. COUNTY OF PITICIN, STATE OF COLORADO. 111111111111111111 I N� OAVIS S=,.�= 110001141#1101Ealtlf NTKIN COUNTY CO m00 0.00 N 0.00 PI 4of4R 11111111111111111111111111 iiimiuuu 111 aiii u1i nii 427996 02/22/1999 11:52A ORDINANC DAVIS SILVI 4 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO CONTRACT # QUIT CLAIM DEED APPROVED BY OR INAN E THIS DEED, made this J. day of j)ou,4 , 1998, between the Board of County Commissioners of Pitkin County, State of Colorado, Grantor (or "County") and the City of Aspen, Colorado, whose legal address is 130 South Galena Street, Aspen, Colorado, Grantee (or "City"). WITNESSETH that the Grantor, for and in consideration of the sum of THREE HUNDRED SEVENTY THOUSAND TWO HUNDRED NINE DOLLARS AND THIRTEEN CENTS ($370,209.13), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey, and QUIT CLAIM unto the Grantee, its heirs, successors, and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Pitkin, State of Colorado, described as follows: See Exhibit A attached hereto and incorporated by this reference (the "Property") and subject to a restriction that the Property shall be used perpetually by the City for public park, recreation, trails, roads, and parking purposes only, except as such uses may be expanded as set forth below, which restrictions shall run with the land hereby conveyed; And subject to the reservation by the Grantor of the right to locate an access easement on and through the Property to the Ardmore Property currently owned by the United States Forest Service no greater than 20 feet in width, within ten years from the date of this conveyance of the Property and that the right shall expire if not exercised within that time; provided that Grantor shall first use all reasonable efforts including condemnation (but the County in its sole discretion shall determine what constitutes reasonable efforts) to locate access to the Ardmore property other than through the Property and provided that if the Grantor does locate the access easement on the Property, that the use restriction on the Property shall be expanded to allow affordable housing on the Property; In the event that Grantor locates the access easement as provided above, and if Grantee, as determined by Grantee in its sole discretion, is then unable to use the Property as open space, park, or affordable housing, Grantee shall have the right to sell the Property as a free market lot without the restrictions provided herein. Should Grantee sell the Property as a free market lot, one-half the profit on the sale (111111 11111111111 III 111111111111111111111 I1111 I1111111 425059 12/02/1996 12;24P OCD DAVIS SILVI 1 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO 1I1 �IIII1II"I'1'11111'i 1��III "1111111111111111 t:52P ORDINANC DAVIS SILVI 427f7 R.0.6 1D 0 s of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO shall be given to Grantor. Profit shall be determined by deducting from the free market sale price a) the price paid by Grantee for the Property; and b) any expenses paid by Grantee for, or in connection with, the marketing and sale of the Property, including, but not limited to, closing costs. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belong or in anywise thereunto apperraining, and all the estate, right, title interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behalf of the Grantee, it heirs and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ) ss. COUNTY OF PITKIN BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: Dorothea Farris Chair The foregoing was acknowledged before me this 9.M1 day of //t%L&nib</V , 1998 by 41.49009.1 FCevt_i.o Witness my hand and official seal. My commission expires: t.A/ P' // e2c,O U 4.(1„t J. Notary Public c:/Ic and g:cl/d/miscwork/mass99.gcd 1111111111111111111111111111111111111111111111111111111 426059 12/92/1998 12:24P OCD DAVIS SILVI 2 of 3 R 18.00 D 0.00 N 0.00 PITKIN COUNTY CO 11111111111111111111111111111111111111111111111111 427996 02/22/1999 11:52A ORDINANC DAVIS SILVI 6 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO LI ' J. C• . EXHIBIT A LEGAL DESCRIPTION FOR MASCOTTE 99 A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, BEING PART OF THE "MASCOTTE" LODE MINING CLAIM U.S.M.S. 5867 & PART OF THE "99" LODE MINING CLAIM U.S.M.S. 6899; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF THE SAID "MASCOTTE" LODE WHICH POINT IS ALSO THE MOST EASTERLY CORNER OF.SAIDLOT 3, THENCE THE FOLLOWING COURSES & DISTANCES: N45 ° 24'29"E 663.11 FT.; S45°30'00"E 152.40 FT.; N56°32'00"E 15.37 FT.; S44°48'03"E 140.74 FT.; S45° 10'48"W 331.32 FT.; S89°38'31"E 16.33 FT.; S66° 15'00"E 144.22 FT.; S15° 12'39"W 241.33 FT.; S44°39'40"W 230.97 FT.; N34°40'20"W 65.80 FT.; N72 ° 33'40"W 245.40 FT.; N55 ° 58'40"W 180.21 FT.; N21 ° 02'00"W 119.25 FT.; & N45 °24'29"E 116.62 FT. TO THE POINT OF BEGINNING; LESS ASPEN_ELECTRIC SUBDIVISION, ACCORDING TO THE PLAT RECORDED FEBRUARY 19, 1993 IN PLAT BOOK 30 AT PAGE 85, RECORDS OF PITKIN COUNTY, COLORADO. immmm11m� m�xiu�111wu1x�1111 111111111111111111111111 1111111111111111111111111111 427995 02/22/1999 11:52A ORDINANC DAVIS SILVI 7 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO