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HomeMy WebLinkAboutbocc.ord.054.1998AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ACCEPTING THE CONVEYANCE OF REAL PROPERTY FROM THE IRVING BIERS TRUST TO THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Ordinance No. 98- Recitals 1. The Irving Biers Trust is the owner of real property situated in the Snowmass Creek Subdivision as more fully described below: AN ADDITIONAL RIGHT-OF-WAY ALONG THE SOUTHWESTERLY SIDE OF SNOWMASS CREEK SUBDIVISION AS SAID SUBDIVISION IS SHOWN IN PLAT BOOK 11 AT PAGE 9, PITKIN COUNTY RECORDS, SAID RIGHT-OF-WAY BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE N 55°03'47" W 522.37 FEET ALONG SAID SOUTHWESTERLY LINE; THENCE N 59°35'48" W 511.83 FEET ALONG SAID SOUTHWESTERLY LINE; THENCE N 68°39'05" W 595.56 FEET ALONG SAID SOUTHWESTERLY LINE TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE N 11 °06' 08" E 15.24 FEET ALONG THE WESTERLY LINE OF SAID SUBDIVISION; THENCE S 68°39'05" E 599.46 FEET; THENCE S 59°35'48" E 513.61 FEET; THENCE S 55°03'47" E 512.40 FEET TO A POINT ON THE EAST LINE OF SAID SUBDIVISION; THENCE S 00°12'23" E 18.34 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING, CONTAINING 0.56 ACRES, MORE OR LESS. 2. As a condition of the subdivision, an exaction was secured for the dedication of an easement for a county road. Upon examination of various documents, it was discovered that the road dedication was secured through a note on the Plat recorded in Book 11, Page 9 of the records of the Pitkin County Clerk and Recorder's Office. The dedication was not done by the grant of an easement. The Board wishes to acknowledge the dedication through a grant of easement. 111111111111111111111111111111111111111111111111111111 428479 03/05/1999 11:43A ORDINANC DAVIS SILVI 1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Ordinance # 98 - 5 Page 2 3. The Quit Claim Deed satisfying this condition is attached as Exhibit A, and incorporated by this reference. NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado that the Board of County Commissioners does hereby accept the Quit Claim Deed of real property from The Irving Biers Trust to the Board of County Commissioners of Pitkin County, Colorado more fully described in Exhibit A attached hereto. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 2ND DAY OF DECEMBER, 1998. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 5th DAY OF DECEMBER, 1998. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 16TH DAY OF DECEMBER, 1998. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 25TH DAY OF DECEMBER, 1998. ATTEST: COMMISSIONERS abette Jones Deiuty Clerk APPROVED AS TO FORM: John Ely /a/2 County Attorney G:/ords/Bierseas.doc BOARD OF COUNTY OF PITKIN COUNTY, COLORADO Dorothea Farris Chair Date: /- /-59 Suz • a Ko chan Cou Man • ger 111111111111111111111111111111111111111111111111111111 428479 03/05/1999 11:43A ORDINANC DAVIS SILVI 2 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO This Ordinance shall become effective 30 days after publication, following final adoption by the Board of County Commissioners 2 QUIT CLAIM DEED THIS DEED, Made this day of June , 1998 , between THE IRVING BIERS TRUST DATED FEBRUARY 23, 199(1, AS AMENDED of the County of Marin and State of California, grantor, and THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO whose legal address is 506 East Main Street, Aspen, CO 81611 of the County of Pitkin and State of Colorado, grantcc: WITNESSETII, That the grantor for and in consideration of the sum of Ten Dollars (S10.00) and other good and valuable consideration, 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 grantcc, its 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, Tying and being in the County of Pitkin and Slate of Colorado described as follows: Legal description set forth on Exhibit "A" attached hereto and made a part hereof; as known by street and number as: N/A. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thcrcunlo belonging or in anywise thcrcunto appertaining, 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 bchoof of the grantee, its successors and assigns fore% cr. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. STATE OF CALIFORNIA ) / ) ss. County of HAR/vY ) THE IRVING BIERS TRUST DATED FEBRUARY 23, 1990, AS AMENDED BY 9tAillaJ -G rp (,(/ Q /1:4. erti.ti Mine Biers, Trustee iN J /L% The foregoing instrument was acknowledged before me this /sf day of rne, 1998, by Jurine Biers, as Trustee of THE IRVING BIERS TRUST DATED FEBRUARY 23, 1990. AS AMENDED, on behalf of said trust. My commission expires: OEC, / 1, (19 No. 933. Rcv,3.85 QUIT CLAIM DEED Wi my hand and official seal. Nwervl'ublia EXHIBIT A TO ORDINANCE Alpine Surveys, Inc. Post Office Box 1(30 Aspen, Colorado 81612 970 925 2688 April 6, 1998 DESCRIPTION FOR BIERS EXHIBIT "A" 80-20 SNOWMASS CREEK ROAD RIGHT-OF-WAY ABUTTING SNOWMASS CREEK SUBDIVISION AN ADDITIONAL RIGHT-OF-WAY ALONG THE SOUTHWESTERLY SIDE OF SNOWMASS CREEK SUBDIVISION AS SAID SUBDIVISION 13 SHOWN IN PLAT BOOK 11 AT PAGE 9, PITKIN COUNTY RECORDS, SAID RIGHT-OF-WAY BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE N 55°03'47" W 522.37 FEET ALONG SAID SOUTHWESTERLY LINE; THENCE N 59°35'48" W 511.83 FEET ALONG SAID SOUTHWESTERLY LINE; THENCE N 68°39'05" W 595.56 FEET ALONG SAID SOUTHWESTERLY LINE TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE N 11°06'08" E 15.24 FEET ALONG THE WESTERLY LINE OF SAID SUBDIVISION; THENCE S 68°39'05" E 599.46 FEET; THENCE S 59°35'48" E 513.61 FEET; THENCE S 55°03'47" E 512.40 FEET TO A POINT ON THE EAST LINE OF SAID SUBDIVISION; THENCE S 00°12'23" E 18.34 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING, CONTAINING 0.56 ACRES, MORE OR LESS. I 111111 11111 111111 1111 111111 Ill 11111111 III 11111 1111 1111 428479 03/05/1999 11:43A ORDINANC DAVIS SILVI 4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO QUIT CLAIM DEED THIS DEED, Made this 14th day of July , 1998 , between THE IRVING BIERS TRUST DATED FEBRUARY 23, 1990, AS AMENDED of the County of Marin and State of CONTRACT # r - / ' California, grantor, and THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO whose legal address is 506 East Main Street, Aspen, CO 81611 of the County of Pitkin and State of Colorado, grantee: WITNESSETH, That the grantor for and in consideration of the sum of Ten Dollars ($ 10.00) and other good and valuable consideration, 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 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 and State of Colorado described as follows: Legal description set forth on Exhibit "A" attached hereto and made a part hereof; APPROVtL) b� ORDINANCE as known by street and number as: N/A. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, 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 behoof of the grantee, its successors and assigns forever. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. STATE OF CALIFORNIA ) r� / ) ss. County of / �A /e / ry ) THE IRVING BIERS TRUST DATED FEBRUARY 23, 1990, AS AMENDED By J rine Biers, Trustee N svL% The foregoing instrument was acknowledged before me this /T day ofiaoe, 1998, by Jurine Biers, as Trustee of THE IRVING BIERS TRUST DATED FEBRUARY 23, 1990. AS AMENDED, on behalf of said trust. My commission expires: DEC, 114, /'5 I W my hard are offc,aI seal. JOHN C. REYNOW8 COMM..1046795 Notary Public — California>> MARIN COUNTY My Comm. Expires DEC 14.1996 No. 933. Rev3-95 QUrr CLAIM DEED 1111111 IIIII 1111111111111111 IIII 1111111 III IIIII IIII IIII 428480 03/06/1999 1143P OCD DRVIS SILVI 1 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ACCEPTANCE OF PITKIN COUNTY The Board of County Commissioners of Pitkin County, Colorado, the Grantee identified in the Quit Claim Deed, hereby accepts the conveyance of the real property described herein pursuant to the authorization contained in Ordinance No. 98-54. PITKIN COUNTY Chairperson, Pitkin County Board of County Commissioners Jette Jones ounty Clerk Idd/miscwork/BierAcce.doc III ICI 111111 Illl 11111 1111 1111111 III 11111 1111 1111 428480 03/05/1999 11:43A OCD DAVIS SILVI 3 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Alpine Surveys, Inc. Post Office Box 1730 Aspen. Colorado 81612 970 925 2688 April 6, 1998 DESCRIPTION FOR BIERS EXHIBIT "A" 80-20 SNOWMASS CREEK ROAD RIGHT-OF-WAY ABUTTING SNOWMASS CREEK SUBDIVISION AN ADDITIONAL RIGHT-OF-WAY ALONG THE SOUTHWESTERLY SIDE OF SNOWMASS CREEK SUBDIVISION AS SAID SUBDIVISION IS SHOWN IN PLAT BOOK 11 AT PAGE 9, PITKIN COUNTY RECORDS, SAID RIGHT--OF-WAY BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE N 55°03'47" W 522.37 FEET ALONG SAID SOUTHWESTERLY LINE; THENCE N 59°35'48" W 511.83 FEET ALONG SAID SOUTHWESTERLY LINE; THENCE N 68°39'05" W 595.56 FEET ALONG SAID SOUTHWESTERLY LINE TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE N 11°06'08" E 15.24 FEET ALONG THE WESTERLY LINE OF SAID SUBDIVISION; THENCE S 68°39'05" E 599.46 FEET; THENCE S 59°35'48" E 513.61 FEET; THENCE S 55°03'47" E 512.40 FEET TO A POINT ON THE EAST LINE OF SAID SUBDIVISION; THENCE S 00°12'23" E 18.34 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING, CONTAINING 0.56 ACRES, MORE OR LESS. 11111111111 111111 1111 111111 1111 11111111111111111111111 428480 03/05/1999 11:43A OCD DAVIS SILVI 2 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO