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Home My WebLink Aboutbocc.ord.012.1998I11111111111IlIlI iiiilI 11I1111111111III11111II1I111I 418937 07/02/1998 02:15P ORDINANC DAVIS SILVI 1 of 2 R 0.00 D 0.00 N 0 00 PITKIN COUNTY CO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ACCEPTING THE DONATION BY RONALD F. AND JANICE L. KOCH TO PITKIN COUNTY OF PARCEL "D" OF ASPEN VILLAGE RIVER HOMES FOR PUBLIC OPEN SPACE, TRAILS, AND RIVER ACCESS ORDINANCE gy RECITALS 1. The voters of Pitkin County and the Pitkin County Commissioners established an Open Space and Trails Fund for the purposes of preserving and developing open space and trails resources in Pitkin County, and established an Open Space and Trails Board of Trustees to guide the expenditure of those funds; and 2. Ronald and Janice Koch are record owners in fee of a parcel of land known as Parcel "D" of Aspen Village River Homes, comprising approximately 5.28 acres located downriver from Lower Woody Creek Bridge, in unincorporated Pitkin County, Colorado. The Kochs wish to donate approximately 4.28 acres of the parcel to the Pitkin County Open Space and Trails Program to hold for public open space, trails and river access in perpetuity, to manage in accordance with the Open Space and Trails Program's objectives, and to be subject to the restrictions on disposal of Open Space and Trails Program properties. 3. The subject property is directly adjacent to Parcels "E" and "F" which were previously donated by the Kochs to Pitkin County Open Space and Trails (via ' K Y Special Warranty Deeds, recorded at Book 803, Page 478) for public open space, (i �1. trails and river access. C 4. The County Commissioners of Pitkin County and the Pitkin County Open Space and Trails Board of Trustees recognize the significance of this property as public open space and public river access area, and; 5. The County Commissioners of Pitkin County wish to acknowledge and accept said a\ donation for the purposes described and wish to add this property to the Open Space and Trails Program's inventory; NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado, that: 1. The BOCC hereby accepts the offer by Ronald F. and Janice L. Koch for the donation of 4.28 acres of Parcel "D" of Aspen Village River Homes, subject to the furnishing of a legal description and payment of back property taxes. 111111111111111111111111111110111111111111111111111111 414806 03/24/1998 01:53P ORDINRNC DAVIS SILVI 1 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO w Le MNed 0 NM 02 ea Cm eviz ;13 aim amc DNS N B �ma so - Nat 0 I IIIIII 11111 IIIIII IIIIII III Milli IIIII III 11111 1111 1111 421of37 2 RT0 001998 02 D 0.00 N8P 0.00DINANC DAVIS I LVI PITKIN COUNTY CO 2. The Chairman of the Board is hereby authorized and directed to execute and/or accept any and all documents necessary to complete the transaction which may be necessary to effect said conveyance. By:d Jeane Dept INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING AT THE REGULAR MEETING on the 3rd Day of December, 1997 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKEND EDITION on the 6th Day of December, 1997 APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING on the 14141 day of &seekber, f99T' / f ! f Or 4114PINti PUBLISHED Arly ADOPTIONIN THE ASPEN TIMES WEEKEND EDITION on the th day of / (,es 1997 ST: e Jones, y Clerk and Recorder APPROVED AS TO FORM: Assistant County Attorney RECOMMENDED FOR ADOPTION: e Ellen Hamilton, CEO pen Space and Trails 2 BOARD OF COUNTY _-J a COMMISSIONERS — V' OF PITKIN 0 OLORADO PI c aIN go z ( By: Bill Tu to Chairman Date MANAGER APPROVAL: momNd ge ea a m MN rn z =gym Imo =gym �N • LNG .mC S . ; Konc an X'" Coun ' Manager aN o N Vd4,x771EZ William E. L. Fales, Chairman Open Space and Trails 11110111011111111011111111111111111111110111111111 414806 03/24/1996 01:83P ORDINANC DAVIS SILVI 2 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO CONTRACT tititigr r fb 1 c Actual consideration $106,700.00 SPECIAL WARRANTY DEED d vlm4< 19 aq THIS DEED, made this day of etas ,44407 between RONALD F. ROCH and JANICE L. KO of 30886 County Road 17, P. 0. Box 1809, Elizabeth, Colorado 80107, Grantors, and PITKIN COUNTY, COLORADO, with an address of 530 East Main Street, Aspen, Colorado 81611, Grantee. WITNESSETH, that the Grantors, as a charitable donation and gift have granted, bargained and conveyed, and by these presents do grant, bargain, convey and confirm, unto the Grantee, its successors, 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 "D," ASPEN VILLAGE RIVER HOMES, According to the Plat thereof recorded July 19, 1984, in Plat Book 16 at Page 34 and the Amended Final Plat and 1041 Hazard Review Plat, Lots 1, 2, 3, 4, 5 and 6 and Parcels "A," "B," "C" and "D," recorded August 10, 1995 in Plat Book 37 at Pages 98, 99 and 100, EXCEPTING those portions previously conveyed to the Denver & Rio Grande Western Railroad, that portion conveyed to the Colorado Department of Transportation described in Special Warranty Deed recorded on April 27, 1998 as Reception No. 416089 and EXCEPTING the portion of said Parcel "D" described as follows: BEGINNING at the Northeast corner of said Parcel D; thence S 00°04'1l" W 225.48 feet to the Southeast corner of said Parcel D; thence N 61°11'26" W 304.42 feet along the Southerly line of said Parcel D; thence N 00°04'11" E 82.88 feet to a point on the North line of said Parcel D; thence S 89°07'12" E 266.95 feet to the point of beginning, containing 0.945 acres, more or less, County of Pitkin, State of Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title interest, claims and demands whatsoever of the Grantors, either in law or in equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; i 111111111111111111 I1111111111111111111 III 1111111111111 428836 01/21/19U 11 20A SPEC ND DAVIS SILYI 1 of 3 R 0.00 0 0 00 N 0.00 PITKIN COUNTY CO TO HAVE AND TO HOLD the same promises above bargained and described with the appurtenances, unto the Grantee, its successors, heirs and assigns forever. The Grantors for themselves, their heirs and personal representatives or successors, do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors, heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantors, SUBJECT TO: 1 s as fish' -et; 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 March 13, 1923, in Book 55 at Page 267 as Reception No. 62055; undivided one-half interest in all oil, gas and other mineral rights, as reserved by H.F. Gerbaz a/k/a Harvey F. Gerbaz and Eva Gerbaz a/k/a Eva F. Gerbaz in Deed to Aspen Village, Inc. recorded June 1, 1979 in Book 369 at Page 911 as Reception No. 214999 and any and all assignments thereof or interests therein; undivided one-half interest in all oil and other mineral rights, as reserved by Auzel H. Gerbaz a/k/a Auzel Gerbaz, Orest A. Gerbaz, Helen H. Gerbaz, Cherie Oates f/k/a Cherie Gerbaz and James Gerbaz in Deed to Aspen Village, Inc. recorded June 1, 1979 in Book 369 at Page 905 as Reception No. 214998 and any and all assignments �; c thereof or interests therein; terms, conditions, obligations and _ic+ provisions of Resolution No. 84-55 issued by the Board of County Ei �FCommissioners recorded July 19, 1984, in Book 470 at Page 144 asO =Reception No. 261139; terms, conditions, obligations and provisions c of Aspen Village River Homes Subdivision Improvements Agreement =0 z recorded July 19, 1984 in Book 470 at Page 163 as Reception No. c►.. 261140; restrictions, which do not contain a forfeiture or reverter moo clause, but omitting restrictions, if any, based on race, color, o d religion or national origin, as contained in instrument recorded = w e July 19, 1984 in Book 470 at Page 216 as Reception No. 261144; . terms, conditions, obligations, provisions and reservations of = C 0 Escrow Agreement recorded July 19, 1984 in Book 470 at Page 316 as awl = Reception No. 261187, Amendment recorded July 21, 1988 in Book 569 = :m at Page 158 as Reception No. 302244; easements and rights -of -way as �n of shown and described on Aspen Village River Homes recorded July 19,c 1984 in Plat Book 16 at Page 34 at Reception No. 261142; Findings au.,) 0 and Order concerning the inclusion of lands in the Basalt Water �N m • Conservancy District, by the District Court of Garfield County, = N CD recorded August 20, 1992, in Book 686 at Page 676 as Reception No. ammme: 347928; terms, conditions, provisions, obligations and all matters n n as set forth in Resolution of the Board of County Commissioners m recorded July 5, 1994 in Book 754 at Page 800 as Resolution No. 94- a ilt 111; terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded November 15, 1994 in Book 767 at Page 183 as Resolution No. 94-203; and terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 97-12, Series of 1998 by Board of County Commissioners recorded March 24, 1998 as Reception 2 1 IIIIII IIIII IIIIII IIII IIIIIII IIII IIIIII III IIIII IIII IIII 420030 01/21/1000 11:20R SPEC ND DRVIS SILVI 2 of 3 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO 1 No. 414806 and as re -recorded as Ordinance No. 98-12, Series of 1998, July 2, 1998 as Reception No. 418937. IN WITNESS WHEREOF, the Grantors have executed this Deed on the date set forth above. RONALD F. KOCH ANI' CE L. KOCH STATE OF COLORADO ) ''�� ) ss . COUNTY OF I A 0't4 ) The foregoinqq_�Special Warranty Deed w s acknowledged and signed before me this- - day of December, 199L by RONALD F. KOCH and JANICE L. KOCH. J••,y' rCr •�'r. antWIR �1- WITNESS my hand and official seal.(J My commission expires: ., `g/a.eof ACCEPTANCE OF PITKIN COUNTY Pitkin County, the Grantee identified in this Special Warranty Deed, hereby consents to the conveyance of the real property described herein pursuant to the authorization contained in Ordinance No. 98-12 recorded March 24, 1998 as Reception No. 414806 and re -recorded July 2, 1998 as Reception No. 418937. PITKIN COUNTY Chairperson, kti kin County Board of County Commissioners AMINTIPRIMITI 1011111 iiiiii i1i IIIII IIII i01 20A SPEC ND DAMS STEM N 0.00 PITNIN COUNTY c0 3 • -.. I0 1.1 MEM0F =g0 0 0.+ O. S moo Sam IS • Z NMI :41 a • mom �N� � ma w on _rn