HomeMy WebLinkAboutbocc.ord.020.2009- CONTRACT# ~77~~O0y
ORDINANCE ~~~a~~
OF PITKIN COUNTY, COLORADO, AUTHORIZAYG ACQUTSTTION OF THE
VII2GINIA PET LODE MINING CLAIM IN THE II[JNTER CREEK VALLEY.
ORDINANCE Ii~G , SERIES OF 2009
RECITALS
I. The Vo[ers of Pitkin County and the Pitkin County Commissioners established-an
Open Space and Trails Fund~for [he putposes of preserving and providing open space
and trails resources in Pitkin County, and established an Open Spaca and Trails Board
ofTrustees to guide the expenditure of those funds.
2. The Open Space and Trails Program is charged with protecting open space, habitat,
scenic view planes, and recreational routes on public lands.
3. The Virginia Pet Lode is a Rural and Remote property with [he upper Hunter Creek
Valley; which possesses important natural, scenic, recreational, and cultural values.
4. Development of the Virginia Pet Lode would compromise the sereniry of the Hunter
Creek Valley through increased motorized access.
5. Pitkin County Open Space and Trails sewred an agreement on lune 15 2009 with the
owners ofthe Virginia Pet.
6. On June l6, 2009, [he Open Space and Trails Board passed a unanimous motion
recommending BOCC approval of this acquisition, with a purchase price of $900,000
and allowing the sellers to retain a Transferable Development Right at closing.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Pitkin County, Colorado, that:
The Board approves an expenditure of $900,000 for the acquisition of the
Virginia Pet Lode in the Hunter Creek Valley, and up to $35,000 in related
transaction and property restoration expenses.
2. Upon approval of the form by the Open Space Director and County Attorney, the
Chair is authorized to execute a contract for purchase of the V irginia Pet Lode for
$900,000, and providing the Sellers may retain a TDR, and the Chair is further
authorized to execute such documents as a necessary to consummate this
transaction upon approval of [he form thereof by the Open Space Director and
Counry Attorney.
RECEPTIONA~ 567575. 07/31/2009 at
1024:19 AM,
, t oF 3, R$0.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
3
4. That adjusnnents be mude tu the year 2009 budge[ es follows:
OPENSPACEASDTRAILIFU\D
Previous Revised
Bud¢et This Chanec Prni 6udeet
Vireinia Pet IAidc Acquisition
Expenditurc.
$935,000 $93~AUU
~I~he 130CC finds that adoptinn nf this ordinmicc is necessary Ibr thc immcdiatc
preservation nf the public health, eafeTy and welfsre of the oitizcns of Pitkin County and
tlrerzfore declares [his ordinance anJ legislation [o be effective immedia[clv.
The Buard hereby deulares its offlcial intent ro reimburse curcent cxpendi[ures ftom a
futurc issuance of Pitkin C'ounly gencral oMipation bonds.
INTRODUCF,D, FIRST READ, AND APPROVED ON THE 24th DAY OF
.iUNE, 2009.
NOTICE OF PUBLIC HEARI G PURLISHEU W TI~E ASPEN TIMF.S
W EEKLY ON THE ~ DAY OR ~~_ 2009.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE Sth llAY OF JIILY 2009.
PUBLISHF.D AFTER ADOPTION 1N rTHF. WEEREND EDITION OF THE
ASPF.N TIMES ON THE /l1 ~' DAY OF d~ _~, 21109.
A~TEST:
( n
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~~
J ~ nc[teJones
I puty Clerk
ROARD UF COUNTY COMMISSIONERS
OF PITKIN COUNTV, COLORAllO
~~l/ l~, /„'! A~~~'; ~ /, i ~
Patti Kuy-C19pper
Chair
Date: 7- ~/' D
APPROVED AS TO FORM:
0 =~_
Jnhn Ely
Cou t~Aft mcy
~ ;~ r
Hil. F eMher
County Manager
i ~ !~
~~
a~ii'~'ill, Uirec r
Open Space and Trails Program
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RECEPTION#: 561536, 07/31/2009 a[
~o:za:zn nM, CONTRACT # D27. aoZ~~
7 OF 5, R$0.00 Doc Code COVENANTS
Janice K. Vos Caudill, Pitkin County, CO
ICTIVE COVENANT
HI RESTRICTNE COVENANT ("CovenanP') is made and entered this ~d y
of ~_ 2009, by WILLIAM G. MOHRMAN JR. and JANET D. MOHRMAN,
formerly JANET DREESE ("Grantor") for the benefit of the Pitkin Cou~ty Boazd of County
Commissioners.
WITNESSETH
WHEREAS, Pitkin County, Colorado, a political subdivision of the State of Colorado
("Grantee"), has established a t~ansferable developme~t right ("TDR") system, Title 8 2006
Pitkin County Land Use Code, as may be ame~ded from time to time (the "Land Use Codz°);
WHEREAS, Grantor is the fee simple owner of that certain real Property in Pitkin
Q County, Colorado that is more par[icularly described below (the "Property");
~ THE VIRGINIA PET LODE, U.S. MINERAL SURVF.Y N0. 4933, according to the
~ United States Patent recorded in Book 175 at Pa@e 255.
~
(~ WHEREAS, contemporaneously with the execution oT this Restrietive Covena~t,
Grantee is exeeuting and delivering to Grantor 1 irrevocable TDR ceRificate bearing CertiFicate
~ No(s1.IR.'IS-~-I-S~ ;
~ WHEREAS, the G~antor has rep~esented that the p~eviously habitable structure and
associated improvements have been deco~structed, such that only remnants remain on the
Proper[y as of the date of this Covenant.
WHEREAS, in esehange for the issua~ce oY'said certifieate(s) by G~antee and consistent
with the intent and stated purposes of the TDR system, Granto~ is p~epared to restrict and
covenant the Property against any future developme~y as ihat term is currently deHned in thz
Land Use Code, in perpetuity.
WHEREAS,. following Ihe executiou of this Restrictive Covenant and issuanco of thc
irrevocable TDR certificate to Gcantor, the Counry will aequiw the remainder fee inte~est in the
V irginia Pet Lode to become part of the Yitkin County Open Space and Trails system and the
Counry will the~eby succeed to the rights and obligations of ihe Gcantor as set fortl~ below, and
NOW, THEREFORE, for and in co~sideration of the issuance to Grantor of CertiFcate
No. PZ--15-09 - S~aJ , ar~d in consideration of the covznants, terms,
conditio~s, and restric[ions hereinafter set forth and for other good and valuable consideration,
the receipt and sufficiency are hereby acknowledged, Grantor does hereby grant and convey to
Grantee, foreve~ and in perpztuity, an interest i~ the Property, for and in co~sideration of the
~ecitals and mutual covenants, terms, conditions a~d ~estrictio~s contained he~ein:
1. Restrictive Covenant pertaiuing to the Property. Grantor heceby ~estricts the
Property in perpetuity against any and all future development, as defined in the Land Use Code,
~~11
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comme~cing on the date of this restrictive covenant. Such restcic[io~s shall i~clude, but are not
limited to, the fumre development of any single family o~ other residential, commercial or
industrial structures, as well as any change in the current existing use of the unimproved
Property. Grantor acknowledges that any future development right in the Property has been
seve~ed from the Pcoperty by operation oT this restrietive covenant.
2. Covenant running with the land: binding effecL The provisions of this deed
restriction shall consYitute a covenant that ~uns with the title to the Properfy for the banefit of the
Grantee, its suecessors and assigns and shall be deemed an appurtenance to the title to such land.
Grantor a~d its successors, hei~s, assigns and tcansferees acknowledge that the TDR certificate(s)
issued in consideration for this restricAVe covenant is/are severed from the Property and that any
sale, lease oc other transfer of title to tha Property shall not constitute a tra~sfer of the TDR
certificate(s) and any rights the~ein.
3. Permitted uses and activities. As owners of the Properiy, the Gra~mr retains the
~ight to perform any aet consistent with the La~d Use Code to the extent such act is not
prohibitzd or limited by the requieements of this eestrictive covenant Thesz ownership rights
include, but aze not limited to, the right to ezclude any member of the public trespassing on tlie
Property and the right to sell, laase, or otherwise transfer the Propeny to anyone Grantor
chooses. Nothing herein shall be construed to be an appmval by.Grantee under the Land Use
Code for any purpose. Once [he property is tcansferred to the Counry, public n;creation is
permitted consistent with public uses allowed u~der Title 12 of the Pitkin County Code as may
be further restricted by any duly adopted Managzment Plan.
4. Euforeemeut and monitoring. This cestrictive covena~t and its terms a~d
repcesentations shall be fully enfo~ceable by Grantee, its successors, assigns and agents in any
aetio~ at law o~ equiry or both, to secu~e compliaoce, including but not limited tq seeki~g
injunetive relief and/or speeific pedormanee reyniring the Grantoc, its successors or assigos to
cease and desist all activiry i~ vioLation of the terms of this restrictive covena~t and to retum the
Property to its condition prior to any violation. Violation of any of the terms o~ represe~tations
of this restricfive covenant may also result in the administrarive cancellation of the 7DR
ceRificate(s) by the Crantee. Moceover, Grantee and its successors, assigns a~d sgeuts shall be
pertnitted access lo, and to ente~ upuq the Property at reaso~able times solely for Iha purpose of
monitoring, inspection, a~d if nacessary, ~emediation in o~dzr to enforoe and assure complia~ce
with the terms end conditions oF [his restrictive covenant.
5. Costs aod liabilities. Grantoc reffiins all cesponsibilities and shall bea~ all custs
artd liabilities of any kind related to ownership, operatioq upkeep, ta~ces arid maintena~ce of the
Property, includi~g but not limitzd tq costs associated with comptiarice with this resirictive
covenant Grantee's acceptance of this restrictive covenant shall in no way be construed as an
assumption of any duties o~ liabilities associa[zd with the Property and Grantor acknowledges
that by this restrictive coveoant, Grantor contioues to retain responsibiliry fo~ any a~d all duties
and IiabiLities associated with the Proper[y.
6. Subordination. At the time of the co~veyance of this restrictivz covenant, the
Grantor represents tha[ the Proper[y is not subject to any mor[gage, deed of trust, or judgment
,/~~
~
lien, or any other instrument that might cesult in a fo~eclosuce action that could affect the
viability of this resh~ictive covenant.
7. Incorporation of the Land Use Code. ~Phe La~d Use Code, as may be amended
from time to time, and any terms or definitions contained thecein, are heceby incorporated by this
refcre~ce in their entirery.
8. Prohibition against future TDR. Unless otherwise provided by the Land Use
Code and agreed upon by Cnautee, G~antor shall ~ot be entitled to any~ future, additional TUR
arising from ownership of the Property following ihe execution of this resirictive cove~ant.
9. Modificatioa The terms of this restrictive covenant can only be modified by an
amended covenant executed by bo~h Grantor and Grantee and recorded in the records of the
Cle~k and Recorder for Pitkin Cou~ty, Colo~ndo.
] 0. Venue aud jurisdiction. Grantor a~d G~antee consent to venue and ju~isdiction
in the District Court for Pitki~ County, Colorado fo~ all matters conceming the interpreta[ion and
enfocceme~t of this reshiclive cuvenant.
I 1. Attomeys fees and custs. In the evznt of any action or suit between the parties
hcreto or their successors a~d assigns to enforce any of the agreeme~ts, covenants or restrictio~s
contained hereiq the prevailing party in :u~y such action or suit, whether by final judgment or out
of court settlement, shall recover from the other party all costs and expenses of such action or
suit including reasonable attomzys fees.
IN WITNESS WHEREOF. Grantor has executzd this restrictive covcnant us of the date
and yeaz first writlen above.
Gr t r: , i
'~~lo ~~ ~~llv~
By: WILLIAM G. MOHRMAN JR
State of Colorado )
) ss.
County oT Pitkin )
r
` The foregoing Restrictive Covenant was acknowledged before me this~~~day ot
J~ 20a°iby WILLIAM G. MOHRMAN JR.
W itness my hand and official seal
My commission expires on:
gs...._..:{n
~yj y.,<
o: o a
JOY S. HIGENS ~ ~- ~~ p: ,
NOTARY PUBUC Notary P lic 4+_ ~ m
STAT6 OF COLORADO ~9q~^•~~"`2
nr~ co~.wm ~r.. osio-zrzoi o
~ ~ ltr . 1 `G'LZGi~G `-
By~ ANET D. OHRMAN, Yormerly JANET D.REF,SE
State of Colorado )
) ss.
County of Pitkin ) ~
~
t The foregoing Restrictive Covenant was acknowledged before me this ~~ day of
o~i.~-Q 20Dq by JANET D. MOHRMAN, formerly JANET D.REESE.
W itness m and and official seal
My commission expires on:
JOY S. HIGENS
NOTARY PUBLIC
STA7'E OF COL6RAD0
MyCanmiasion Expires 05IP2I2070
ACCEPTED BY
Pitkin County Board of County Commissioners
U-u/.. /~ ' (~(l~1'~
By: Patti Kay-Clap er, Chair
State of Colorado )
) ss.
County of Pitkin )
C ~ I . y ,..... ,~py
~~~ . ~"'~• y~ '~
J ~k' ~; ~~~ ~.:_
Notary iblic 4~q~ _,:5
ATTEST:
I
~
Je ette Jones, epu Counry Cleck
The foregoing Rest~ictive Covenant was acknowledged before me this~ day ot
~ ~009 by Patti Kay-Clappzr, as Chair of the Pithin County Board of CounTy
om issioners.
Witness my harid and official seal
My commission expires on: 7- / 5 `~~ /~
~K x ~ ~
;G
.~
+~ r,ommiz~ian E ~ ~ . ~~ ofNs~im2
.LINUr .. ~~ _l /~
USTAFSOn. ~ , ~.i NotazyPublic
;
State of Colo~ado )
) ss.
CounTy of Pitkin )
The foregoing Restrictive Covenaut was acknowledged before me this~ day of
- ?009 by Jeanette 7ones, as Deputy County Cleck.
Witness my hand and official seal
My commission expires on: '~ ~7 ~~~~
=O,~P,µY P(~e~'~ ~.
LINDA ~ ot ry Public -_
;GUSTAFSON~
'~q~~~ ~~?"1
'.,n ~nmmi;eim FMine6 07115I2012 /~~
~~~~~
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RECEPTION#: 561537, 07/31/2009 a[
10:29:04 qM
1 oF 2, R$0.04 DF $0.00 Doc Cotle WD
Janice K. Vos Cautlill, pitkin County, CO
WARRANI'Y DEED
THIS DEED is dated July ~~ 2009, and is granted and made
beriveen WILLIAM G. MOHRMAN, JR and JANET D. REESE
now knowa as JANET D. MOHRMAN (the "Grantors"), and
THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COLiN1'Y, whose maffing address is: 53o East Main Street, Aspen,
Colorado 8i6n (the"Grantee").
WI'I'NESS, that the Grantors, for and in consideration of the sum of Nine HundredThousand and
oo/ioo U.S. Dollars ($900,000.00) and other good or valuable consideration, the receipt and
sufficieney of which is hereby acknowledged, hereby grant, bargain, sell, convey and confirm unto
the Grantee and the Grantee's successors and assigns forever, all the rea] property, together with
~ any improvements thereon, located in Pitkin County, Colorado, described as follows:
The Virginia Pet Lode, U.S. Mineral Survey No. 4533~ according to
~ the United States Patent recorded in Book i~s at Page z85.
~ TOGETHERwithallandsingularthehereditamentsandappurtenancesthereuntobelonging,or
i U in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the
l,~ estate, rights, title, interests, claims and dema~ds whatsoever of the Grantors, either in law or
_~) equity, of, in and to the above bargained premises, with the hereditaments and appurtenances;
\-
'V TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, u~to the Grantee and the Grantee's successors and assig~s forever.
The Grantors, for themselves and for their successors and assigns, do covenant, grant, bargain, and
agree to and w~th the Grantee, and the Grantee's successors and assigns that at the time of the
ensealing and delivery of these presents, the Grantors are well seized of the premises above
conveyed; have good, sure, perfect, absolute and indefeasible estate of inheritance, in ]aw and in
fee simple; and have good right, full power and ]awful authoriry to grant, bargain, sell and convey
the same in manner and form as aforesaid; and that the same are free and clear from all former and
other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever
kind or nature soever, except:
Taxes for zooq, including all taxes now or heretofore assessed, due, or payable.
2. Reservations and exceptions as set forth in the United States Patent recorded in Book iys
at Page z85.
3. Terms,wnditions,provisionsandobligationsassetforthinSettlementAgreementrecorded
October 8, i993 in Book yz6 at Page i9o and recorded November i9, i993 in Book y3i at Page ~So.
4. Terms, conditions, provisions, obligations and al] matters as set forth in Resolution of the
Board of CounTy Commissioners recorded May z3,1qq6 as Reception No. 392951 as Resolution No.
96-i3i.
g. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the
Board of CounTy Commissioners recorded June io, iq96 as Reception No. 393538 as Resolution
No. 96-i44 and recorded June 4, i996 as Reception No. 393345~
~/
~
WARRAN'I'Y DEED
Virginia Pet Lode, U.S.M.S. No. 4533
6. Terms, conditions, provisions, obligations as set forth in Notice to All Men recorded
September z~, i99q as Reception No. 435940~
~. Terms,condirions,]imitationsandrestrictionsassetforthontheRestrictiveCoveaantgiven
by the Grantors for the use and benefit of the PitMn Counry Board of CounTy Commissioners dated
~ July zoo9, and recorded as Reception No. J~C I 53 ~C
And the Grantors shall and will WARRANT AND FOREVER DEFEND the above described
premises, in the quiet and peaceable possession of the Grantee and its successors and assigns ofthe
Grantee, against all and every person or persons claiming the whole or any part thereof.
IN WI'PNESS WFIEREOF, the Grantors have executed this deed on the date set forth above.
~~1%CA,/~'i P, /~ f~~~/~ ~~Vl\Q~"~!/~(~~~ll'~Gt'i~-
William G. Mohrman, Jr. Jay t D. Mohrman, formerly Janet D. Reese
State of Colorado )
) ss
CounTy of Pitkin )
S`
The foregoing Warranty Deed was executed and acknowledged before me this ~~ day of July
zoo9, by William G. Mohrman, Jr., and Janet D. Mohrman, formerly Janet D. Reese.
Witness my hand and official seal.
My commission expires:
JOY S. HIGENS
NOTARY PUBWC
STATE OF COLORADU
My ~,,,,,,;~,;,,, ~w, os~ovza+o
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