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HomeMy WebLinkAboutbocc.ord.025.1999AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ACCEPTING THE TRAIL EASEMENT FROM JOHN P . MCBRIDE AND BIDGLE LLC TO THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Ordinance No. 99- as Recitals 1. John P. McBride ("McBride") is the owner of certain real property situated in Pitkin County known as Lot 11, Block 5 of the Amended and Restated Aspen Airport Business Center Filing 1 ( "Lot 11") and John P. McBride as manager of Bidgle LLC, a Colorado Limited Liability Company ("Bidgle") is the owner of certain real property situated in Pitkin County known as Parcel 4 of Pacific Subdivision ( "Parcel 4"). 2. As a condition of approval in connection with Pitkin County Resolution No. 99- 59, McBride and Bidgle is required to grant and convey to Pitkin County, a non-exclusive perpetual trail easement. 3. The Board of County Commissioners agree to the terms and conditions set forth in the Trail Easement attached hereto as Exhibit A. 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 Trail Easement from John P. McBride and Bidgle LLC to Pitkin County more fully described in Exhibit A attached hereto. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 14th DAY OF JULY, 1999. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 24th DAY OF JULY, 1999. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 11th DAY OF AUGUST, 1999. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 21s` DAY OF AUGUST, 1999. 1 111111 11111 111111 1111 11111 1111111 11111 III 11111 1111 1111 434487 08/17/1998 10 28R ORDINRNC DRVIS SILVI 1 eF 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Ordinance No. 99- d Page 2 ATTEST: 1 APPROVED AS TO FORM: John M. Ely County.Adfmey 1/ords/n40trailease.doc BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Date: "/ / ,a 1111111IR�II111�I1II I MII llllA lll9111III DINANC 1111Iltt �111 434487 2 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO gi SEP TRAIL EASEMENT THIS TRAIL EASEMENT made and entered into this 5 day of 1999 by and between John P. McBride, individually, as owner of Lot 11, B ck 5 of the Amended and Restated Aspen Airport Business Center, Filing 1, recorded in PIA Book 7 at Page 79 (hereinafter referred to as "Lot 11") and as manager of Bidgle, LLC, the uwner of Parcel 4 of Pacific Subdivision, found in Plat Book 19 at Page 24, (hereinafter referred to as "Parcel 4"), whose address is 303 E AABC, Aspen, CO 81611 ("Grantor") and Pitkin County, located at 530 E. Main Street, 3rd level, Aspen, CO 81611 ('Grantee") WITNESSETH That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by.Grantee, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby grant and convey to Grantee, its successors and assigns, a non-exclusive perpetual trail easement, ten (10') feet in width, five (5') fret extending from the south east boundary line of "Lot 11" and five (5') feet from the north west boundary line of "Parcel No. 4". The easement runs 183.14 feet South 06°14'22" E as depicted on both the Amended and Restated Plat of Aspen Airport Business Center, Filing No. 1 (Exhibit A) and Parcel No. 4 of the Pacific Subdivision (Exhibit B) as a sewer/utility easement, as shown in Exhibit C, all of which are attached and incorporated by reference herein. i> o it 1A T. a 1— t� w = a 10 _o -IL- im..�d mom y 51. it r Jo n P. McBride, ' .'vidually Jo n P. McBride, ager Grantor warrants that the Grantor has the lawful right to grant such an easement and that Grantor and any successors and assigns, will, at no time, permit any building or other permanent improvement to be constructed over said easement. This trail easement shall be deemed to run with the land. IN WITNESS WHEREOF, Grantor executes this Trail Easement as above described. ice m State of Colorado ) m o ) ss m Pitkin County arm alum aoim - r- 10 at O v 10 TOR' BIDGLE, LLC The foregoing "Trail Easement" was acknowledged before me this day of`' 0 0'.: t, , 1999 by John P. McBride, individually and as Manager of Bidgle, LI;L !. t+, Witness my hand and official Seal. //P .'`i Sri' L My Commission expires: I \ IM 432257 0S/17/1099 10 52A EASEMENT DAVIS SILVI 1 at 4 R 0.00 n 0.00 N 0.00 PTTKTN'COUNTY CO 111101 1111 |� |� @ � � � 11111 aaa,e 9 10 28A ORDINANC DAVIS SI4 #of■■a■oa■P1■■PIr■COUNTY CO • • • ƒ / 01. 0 IQ X� ea 4.4 GI 40 19 j," 3 lc:") U Z,J13J 1 In 1, .11 t 0• PHI! { IIIi i on ■1 11 9 dill II l I'll 11 I rill "I 4322 7 06/17/1999 10 62A EASEME ILVI 3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO IIIIII IIIII IIII 434487 08/17/1999 10 28A ORDINANC DAVIS SILVI 6 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO g a •s" J m 4) 1 1,tohl H H W AMENDED AND RESTATED PLATrOF ASPEN AIRPORT BUSINESS CENTER FILING NO. 1 EXHIBIT C ll I 111111 11111 111111 1111 11111 1111111 11111 III 11111 1111 1111 434487 08/17/1999 10 28A ORDINANC DAVIS SILVI 6 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO II 2257 06/17/1999 10 52A EASEMENT DAVIS SILVI 4 of 4 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO CONTRACT #_ 9940- TRAIL EASEMENT APPROVED BY ORDINANCE THIS TRAIL EASEMENT made and entered into this CS day of 1999 by and between John P. McBride, individually, as owner of Lot 11, B ck 5 of the Amended and Restated Aspen Airport Business Center, Filing 1, recorded in Plat Book 7 at Page 79 (hereinafter referred to as "Lot 11") and as manager of Bidgle, LLC, the owner of Parcel 4 of Pacific Subdivision, found in Plat Book 19 at Page 24, (hereinafter referred to as "Parcel 4"), whose address is 303 E AABC, Aspen, CO 81611 ("Grantor") and Pitkin County, located at 530 E. Main Street, 3rd level, Aspen, CO 81611 ("Grantee") WITNESSETH That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby grant and convey to Grantee, its successors and assigns, a non-exclusive perpetual trail easement, ten (10') feet in width, five (5') feet extending from the south east boundary line of "Lot 11" and five (5') feet from the north west boundary line of "Parcel No. 4". The easement runs 183.14 feet South 66°14'22" E as depicted on both the Amended and Restated Plat of Aspen Airport Business Center, Filing No. 1 (Exhibit A) and Parcel No. 4 of the Pacific Subdivision (Exhibit B) as a sewer/utility easement, as shown in Exhibit C, all of which are attached and incorporated by reference herein. Grantor warrants that the Grantor has the lawful right to grant such an easement and that Grantor and any successors and assigns, will, at no time, permit any building or other permanent improvement to be constructed over said easement. This trail easement shall be deemed to run with the land. IN WITNESS WHEREOF, Grantor executes this Trail Easement as above described. TOR.BIDGLE, LLC Jo n P. McBride, vidually Jo r n P. McBride, '' ager State of Colorado ) ) ss Pitkin County ) APPROVED BY BOCC The foregoing "Trail Easement" was acknowledged before me this '' day • , 1999 by John P. McBride, individually and as Manager of Bidgle, List •••• o 4 Jv a z, Vet'...a,.. SYp'4-.. Witness my hand and official Seal. My Commission expires: 41,II 1111111 11111 111111III1 11111 111111111111III 111111111 1111 432257 0S/17/1999 10:52A EASEMENT DAVIS SILVI 1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO k 11 111111 11 $| 111111111§11111 §1111 432257e ■■9 10 52A EASEMENT DAVIS ■ILI ■of■■e■oa#Ne■PIrNCOUNTY CO SUBDIVISION EXEMPTION PLAT OF (§ C 11 0 • sem \ : § AMENDED AND RESTATED ...,AT OF ASPEN AIRPORT BUSINESS CENTER FILING NO. 1 EXHIBIT C St3 5.E 1ZIi IIINI IE IIIIII IIII flllf IIII{ 11111111 III IIIII1111111 432257 08/17/1099 10 32A EASEMENT DAVIS SILVI 4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO