HomeMy WebLinkAboutbocc.ord.042.1998111111 11111 111111 1111 1111 11111 11111111 III 11111 1111 1111
427998 02/22/1999 11:56A 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
THE NECESSARY DOCUMENTS TO ACCEPT THE CONVEYANCE OF R&R
TRADING, INC.'S INTEREST IN THE SCOTTISH CHIEF MINING CLAIM
AND TO SELL PITKIN COUNTY'S INTEREST IN THE TRANSFERABLE
DEVELOPMENT RIGHT ASSOCIATED WITH THE SCOTTISH CHIEF
MINING CLAIM TO R&R TRADING, INC.
ORDINANCE NO. 98-42
1. Pitkin County (the "County") shares ownership of the Scottish Chief
mining claim, U.S.M.S. 2834, in the South Independence Mining District with R&R
Trading, Inc. (the "R&R"). Specifically, the County owns an undivided 4/11th interest
and R&R owns an undivided 7/11th interest.
2. The Scottish Chief mining claim is zoned Rural and Remote under the
Pitkin County Land Use Code and is therefore eligible for the issuance of one (1)
Transferable Development Right (the "TDR").
3. R&R has approached the County with a proposal to acquire the TDR for
the mining claim. R&R's proposes to convey its undivided 7/l lth interest in the mining
claim to the County by Special Warranty Deed. The County would then immediatelly
sever the TDR from the real property and for a payment of $40,000, sell it to R&R.
4. It is in the County's best interest to sell the TDR associated with the
Scottish Chief mining claim and retain ownership of the real property.
NOW THEREFORE, be it ordained by the Board of County Commissioners of
Pitkin County, Colorado that the Board of County Commissioners authorizes the Chair to
execute the necessary documents to accept the conveyance of R&R Trading, Inc.'s
interest in the Scottish Chief mining claim by Special Warranty Deed and sell Pitkin
County's interest in the transferable development right associated with the Scottish Chief
mining claim to R&R Trading, Inc.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON
THE 9TH DAY OF SEPTEMBER, 1998.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND
EDITION OF THE ASPEN TIMES ON 12th DAY OF SEPTEMBER, 1998.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE 23rd DAY OF SEPTEMBER, 1998.
I I11III 11III 111111111111111111111111111 III 111111)11111I
423371 10/16/1998 04:20P ORDINANC DAVIS SILVI
1 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Ordinance No. 98-42
Page 2
IIIIIIIIIIII11111111111111111111111111111111111111111111
427998 02/22/1999 11:56A ORDINANC DAVIS SILVI
2 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 3RD DAY OF OCTOBER, 1998.
ATTEST:
, Deputy Clerk
4YN ee A JG.,d
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
_ .
By:4 2.rc0_1____
Dorothea Farris, Chair
Date: /o - i4 - 9r
John M. Ely, ttorney uzanne chap, County Manager
16ords\scottish.doc
I 111111 11111 111111 111111 1111 11111 111111 111 11111 1111 1111
423371 10/16/1998 04:20P ORDINANC DAVIS SILVI
2 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
.00
C?S- /57
11111111111111111111111111 11111111111111111111111111
427998 02/22/18lS 11:PMR ORDIIRI4C DAVIS SILVI
3 of 4 R 0.00 0 8.00 N 0.08 PITKIN•COUNTY CO
SPECIAL WARRANTY DEED
THIS DEED, Made this 14 day of October,1998, between
R&R TRADING, INC., a Colorado corporation,
of the County of Pitlds. and State of Colorado, GRANTOR(S), and
APPROVED BY
E
ORDINANC
#
whosea cif Co 5T j�5 �n C 0 ��6 �'
whose address is —J 6 - 0. �+ Ii
of the Comity of Pllltfn. and State of Colorado; GR�A1 E(S))
WITNESS, that the grantor(s). for and in consideration of the sum of Ten dollars and
no/100tha-----_—_--_($10.00),and all 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(s), their heirs and assigns forever, all the real property, together with
improvements, if any, situate. lying and being in the County of Pitkin and State of Colorado, described as follows:
An undivided 7/11 interest In and to the Scottish Chief Lode Mining Claim (U.S. Mineral Survey No. 2834),
located in the South Independence Mining District, and embracing portions of Sections 1 and 2, Township 12
South, Range *3 West of the 6th P.M. and as Patented and described in U.S. Patent recorded June 1, 1998,
at Reception No. 417550.
commonly brown as:
TOGETHER with all and singular the hereditaments and appurtenances Ibereunto belonging, or in anywise
appurtaining and the reversion and all reversions, remainder and remainders. rents, issues and profits thereof, and
all the estate, right, title, interest, claim and demand whatsoever of the grantor®. tither in law or in 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 desrtbed, with the appurtenances. unto the
grantees, their heirs and asigns forever. The Grantor(s). for themselves, their heirs and personal representatives, do
covenant and agree that shall and will WARRANT AND FOREVER DEFEND the above —bargained premises in
the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persona
claiming the whole or any part thereof, by through or under the Graitor(s), free and dear from all forrner and other
grants, bargains, sales, liens, taxes. assessments, encumbrances and restrictions of whatever kind of nature soever,
except taxes and assessments for 1997 and subsequent years; except those reservations, restrictions, easements and
other matters set forth on the Exhibit "A".
The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable
to all genders.
IN WITNESS WHEREOF, the grantor(s) have executed thls deed on the date sat forth above.
R&R TRADING, INC., a Colorado co oration
By:
State of
County of
William H. Veitnner, Presldgpt /
j- ill L.
}�
}
STAIC
i✓Ql-of- Ova
o�tT{ S•�
The foregoing instrument was acknowledged, subscribed and swan to before me this / V day of
Z! 998 by R&R TRADING, INC., a Colorado corporation.
My Commission aspires:
Expires 07-15-2001
ASPEN 7711.15 !AT surd ev3a use, asset CO sat Pk m vro.rn-4osa tEetven 3o3-0s-sera
Special wartsaty Deed 405441 Nit
Witness my Hand and. fiicial Seal
11Hill1111111111111lilt 11111111111111111111111111
423287 1SI1$/iW8 081484 VIC WO DAVIS SILVI
1 of 2 R 11.20 0 8.88 N 8.88 PITKIN COUNTY CO
E7QMIT "A" ATTACHED ¶IO AND MADE A PART or THE WAPRANTY DEED
1. Right of the Proprietor of a Vein or Lode to extract and remove his ore
therefrom, should the sane be found to penetrate or intersect the
premises hereby granted, as reserved ill united Stage Patent reocrtied
June 1, 1998, at Peoelrtiar1 No. 417550.
2. Ariy rights, interests or easements in favor of the State of Colorado, the
[ ite3`States of America, or the general public, witirh exist or are
claimed to exist in, over, under and/or aortas the waters and present
and past bed and banks of the Lincoln Creek.
3. Look of a right of access frcxn the tared to any apes public road, street
or highway.
24:71E: This enooepticx is necessary because it does rot appear from the
ine1x ments in the office of the Clerk and Awarder for Pit kin C runty,
Colorado that any right of access exists to an open rathl i n roadway.
7 10t10/3�01111II1IIIiIIII111IIIIM
DAVIS11
= SILVI
2 of 2 R 11.25 D 0.09 N 0.00 PITKIN COUNTY CO
HIIB INN IIUIIII IlmAIIII W BW 11IIII
4 of 4 R 0.00 D 0.00 N 0.00 KITKIN COUNTY CO
il'
CONTRACT # P-4sy
DEED OF DEVELOPMENT RIGHTS AND ASSIGNMENT OF
IRREVOCABLE CERTIFICATE OF TRANSFERABLE DEVELOPMENT
RIGHTS
THIS DEED is made this j y of , 1998, by and between Board of County
Commissioners of Pitkin County, olorado, (hereinafter "Grantor") and Remote Group, Inc.
(hereinafter "Grantee").
IN CONSIDERATION OF Ten Dollars ($10.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, Grantor does grant and convey to
Grantee, its successors and assigns, one (1) Transferable Development Right (the "TDR") and
the Irrevocable Certificate of Transferable Development Rights No•'+8•31-V7 ("Certificate")
representing same, arising from the "Preservation Site" legally described as:
The SCOTTISH CHIEF MINING CLAIM, U.S.M. 2834 in the South
Independence Mining District, County of Pitkin, State of Colorado; EXCEPT that
the Owner reserves and retains all fee simple ownership and other rights in and to
the Real Property, not expressly conveyed and assigned hereby.
Grantor warrants to Grantee that it has good title in and to the TDR hereby conveyed,
and that it has the right to convey the TDR and to assign the Certificate to Grantee.
IN WITNESS WHEREOF, Grantor has executed this Deed of Transferable Development
Rights and Assignment of Irrevocable Certificate of Transferable Development Rights as of the
date first above written.
GRANTOR:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By: p _.t)
Dorothea Farris, Chair
- NOTARIAL ACKNOWLEDGMENT ON FOLLOWING PAGE -
1111111 11111 111111 IIIIII 1111111111 11111 111 11111 11111111
423200 10/16/1998 08:52A DEED DEV DAVIS SILVI
1 of 2 R 11.25 D 0.00 N 0.00 PITKIN COUNTY CO
\-1v5k-\
T
STATE OF COLORADO )
) ss.
COUNTY OF RITKIN )
The foregoing instrument was acknowledged before me this {(d day of
1998, by Dorothea Farris, in her capacity as Chair of the Board of County Commissioners of
Pitkin County, Colorado.
Witness my hand and official e
My commission expires: �'c,
Not v u c\
I Iplll 11111 11111 111111 IIII III EIII III 1111 011 101
423290 10/10/1008 08 52A DEED DEV DAVIS SILVI
2 0f 2 R 11.25 D 0.00 N 0.00 PITKIN COUNTY CO
2
T