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FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY 1 4v-i -6144) / * i, d= P- (Section III or Section IV must be completed) Every petition for abatement or refund filed pursuant to § 39-10 -114, C.R.S. shall be acted upon pursuant to the provisions of this section by the 3 it O G 4, Board of County Commissioners or the Assessor, as appropriate, within six months of the date of filing such petition, § 39-1-113(1.7), C.R.S. 3'I 87 Section 111: Written Mutual Agreement of Assessor and Petitioner (Only for abatements up to $10,000) The Commissioners of County authorize the Assessor by Resolution No. to review petitions for abatement or refund and to settle by written mutual agreement any such petition for abatement or refund in an amount of $10,000 or less per tract, parcel, or lot of land or per schedule of personal property, in accordance with § 39- 1- 113(1.5), C.R.S. The Assessor and Petitioner mutually agree to the values and tax abatement/refund of: APP /ED BY Tax Year RESOLUTION Actual Assessed Tax /�'/ Original # O€! S ao) Z Corrected Abate /Refund Note: The total tax amount does not include accrued interest, penalties, and fees associated with late and /or delinquent tax payments, if applicable. Please contact the County Treasurer for full payment information. Petitioner's Signature Date Assessor's or Deputy Assessor's Signature Date Section IV: Decision of the County Commissioners (Must be completed if Section 111 does not apply) f� • WHEREAS, the County Commissioners of / rn&i, J County, State of Colorado, at a duly and lawfully called regular meeting held on 3 / It / /oZ , at which meeting there were present the following members: Month Day Year / / / ' with noticer)f suc eeting and � an o to be pre "'wit having been given to the Toner oner and the Assessor / of said County and Assessor .fit tieing presen not present) and I / Name 1 Petitioner 114 µ I/RhM2 - (being present of present and WHEREAS, the said Name County Commissioners have careful) co the within petition, and are fully advised in relation thereto, NOW BE IT RESOLVED • e Boa d ' oes not agree) with the recommendation of the Assessor, and that the petition be proved- : pproved in part-- denied) with an abatement/re - ; as follows: Ao)O it'a 4T•rPrMPO 1 nantif 1--y Year Assessed Value Taxes Abate /Refund 4 (9011 bee A-T7ACHe) 6Uatota I II 11 I/ ' bi �� y 4 S Ses Q Seb � Vr}tue 7AYE5 A Fur a rperson of the :o • 0 Cou W. ommissioners' - gnature 1, N - A .:D County Clerk and Ex- Officio Clerk of the Board of County Cpntrrti5rxipners in n for the aforementioned county, do hereby certify that the above and foregoing order is truly;'spigef(prt]siq, record of the proceedings of the Board of County Commissioners. 47 • '•1J' %; IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County , r ( ' A t, : i f% this .-2 D day of M 4A-2.0 . , ,.QI9 I Z . i a ' : . Month Year 1 Coszi • Deputy County Clerk's Siii`eture Note: Abatements greater than $10,000 per schedule, per year, must be submitted in duplicate to the Properly Tax Administrator for review. Section V: Action of the Property Tax Administrator (For all abatements greater than $10,000) The action of the Board of County Commissioners, relative to this petition, is hereby ❑ Approved ❑ Approved in part $ ❑ Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature Date 15- DPT -AR No. 920 -66/11 • • PETITION FOR ABATEMENT OR REFUND OF TAXES County: Pitkin Date Received - (Use Assessor's or Commissioners' Date Stamp) Section I: Petitioner, please complete Section ( only. RECEIVED Date: February 16, 2012 FEB 1 6 20t2 Month Day Year PITRIN COUNTY Petitioner's Name: Moore P. Huffman, et. al. APAPSSI1R Petitioner's Mailing Address: P.O. Box 42, Woody Creek, CO 81656 City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY R003486 484 Little Woody Creek Road 1003487 484 Little Woody Creek Road Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the above property for property tax year(s) 2010 and 2011 are incorrect for the following reasons: (Briefly describe why the taxes have been levied erroneously or illegally, whether due to erroneous valuation, irregularity in levying, clerical error or overvaluation. Attach additional sheets if necessary.) Properties should have been treated as a single parcel for tax purposes, and the entire parcel should be classified as residential improved. See attached Abatement Valuation Summary. Petitioner's estimate of value: g 915, 600.00 (2010 )and $ 366, 300 ( 2011 ) Value Year Value Year I declare, under penalty of perjury in the second degree, that this petition, together with any accompanying exhibits or statements, has been prepared or examined by me, and to the best of my knowledge, information and belief, is true, correct, and complete. Daytime Phone Number f es Signature By Daytime Phone Number f 970 ) 925 -3476 Art r C. Darlrs Signature` y, of Holland & Hart, LLP `Letter of agency must be attached when petition is submitted by an agent. 11 the Board of County Commissioners, pursuant to § 39- 10- 114(1), C.R.S.. or the Property Tax Administrator, pursuant to § 39-2-116, C.R.S., denies the petition for refund or abatement of taxes in whole or in pad, the Petitioner may appeal to the Board of Assessment Appeals pursuant to the provisions of § 39 -2 -125, C.R.S., within thirty days of the entry of any such decision, § 39- 10- 114.5(1), C.R.S. Section 11: Assessor's Recommendation (For Assessor's Use Only) Tax Year Tax Year dual Assessed Tax dual Assessed Tax Original Corrected Abate/Refund 1 jAssessor recommends approval as outlined above. If the request for abatement is based upon the grounds of overvaluation, no abatement or refund of taxes shall be made if an objection or protest to such valuation has been filed and a Notice of Determination has been mailed to the taxpayer, § 39- 10- 114(1)(a)(Q(D), C.R.S. Tax year. D O Protest? No ❑ Yes (If a protest was filed, please attach a copy of the NOD.) Tax year 2r31 t Protest? (. No 0 Yes (If a protest was filed, please attach a copy of the NOD.) Q Assessor recommends denial for the following reason(s): As -: ".1: or Deputy. • , =Iona ll"' 15-OPT-AR No. 920.66/11 March 19, 2012 Abatement summary Abatements with Approval Recommendations where Refund is Greater than $10,000 requiring approval by County Commissioners: Sch# 3486 and 3487, Moore P. Huffman, et al., Metes and Bounds, 484 Little Woody Creek Road This abatement is a bit complicated since it involves two parcels owned by the same family that are physically adjacent to one another. Historically owned by Grace Huffman, these two parcels have been valued and assessed separately with sch# 3486 being classified as residential and Sch# 3487 being classified as vacant land. As such, one was assessed at the 9.74% residential rate ( #3486) and the other was assessed at the vacant land rate of 29% ( #3487). As it turns out, BOCC resolution 74 -39 from 1974 required these two parcels to be combined as a single parcel. In essence, the parcels have been mis- classified since 1974 but since there was never an appeal and since taxes were always paid, it was not discovered until recently. However, abatement laws only allow a refund for the two years prior to the current year. The primary issues are 1) there was an overvaluation since each parcel had received its own separate value and 2) the property in its entirety should have been classified as residential rather than a combination of residential and vacant land. The correction involves some confusing math since there are different assessment rates involved in addition to the valuation correction. In short, since taxes are determined by the "assessed value" vs. the "actual or market value ", the corrections were made with the "assessed value" being the primary focus. To do this I used the following steps: A) Determine the total assessed value of the erroneously valued parcels for tax years 2010 and 2011. B) Determine the correct assessed value of the single combined parcel for 2010/2011. C) Calculate the difference between the assessed values from A) and B) in order to determine the amount of the refund. D) Since the account representing the vacant parcel will be deactivated going forward, all of the valuation adiustment will be made on this account alone for 2010/2011 E) Knowing what the change in assessed value should be (see step C) I worked backwards using the 29% assessment rate to determine what the change in "actual Value" needed to be. F) The final total refund will be $40,659.84 for 2010 and $28,345.00 for 2011, all attributed to sch# 3487 and 0$ attributed to sch# 3486. As I said earlier, the math is confusing but I believe that it is the most straight forward way that I could think of to determine the correct amount an adjustment/refund required. Huffman Abatement Valuation Summary This abatement involves two adjacent parcels owned by the family that should have been combined into a single parcel as far back as 1974. The two parcels include one (sch# R003486) which has been classified and valued as residential with a second parcel (R003487) which has been classified as vacant land and assessed at the higher 29% assessment rate. The abatement seeks to combine the two into a single parcel with the total value assessed at the lower 7.96 %. The Assessor's office agrees to this change. As separate parcels, the total actual value as well as the assessed value are higher than that of a single combined parcel. Since the two separate parcels were assessed at different rates (7.96% vs. 29 %) the abatement refund will be based on the total reduction in Assessed Value. Once officially combined in 2012, the vacant parcel (R003487) will be deactivated. In addition, since this parcel had been erroneously assessed at the higher 29% rate, it seemed reasonable that the refund for 2009 and 2010 will be taken fully from this account with no change in value or assessment applied to Sch # 3486 Values as Separate Parcels 2010 2011 Sch# Actual Value Assessed Value Sch# Actual Value Assessed Value R003486 55,309,700 $422,650 7.96% R003486 54,140,900 5329,620 7.96% R003487 $7,085,500 $2,054,800 29% R003487 54,084,500 51,184,510 29% total $12,395,200 52,477,450 total 58,225,400 51,514,130 Value as combined parcel 2010 2011 Sch# Actual Value Assessed Value Sch# Actual Value Assessed Value R003486 58,645,200. 7.96% R003486 55,475,400- 7.96% Reduction in Total Assessed Value Resulting from Combining Parcels 2010 2011 as separate parcels $2,477,450 as separate parcels $1,514,130 as combined parcel as combined parcel total reduction total reduction Abatement 2010/2011 Abatement will reflect the total reduction in "assessed" value as a result of combining the separate parcels (one vacant (29 %) and one residential (7.96 %) into a single residential parcel (7.96 %). The total reduction in overall assessed value will be applied to Schedule# 3487 which is the vacant parcel to be deactivated going forward. UM R003487 2010 Double Check Actual Assessed Tax 2010 Assessed original 57,085,500 $2,054,800 $46,693.28 no change R003486 $422,650 corrected $915,600 56,033.44 reduced R003487 abate /refund $6,169,900 Sp total assessed value of combined parcel 2011 Actual Assessed Tax 2011 Assessed original 54,084,500 51,184,510 $31,137.20 no change R003486 5329,620 corrected $366,300 $2,7 - reduced ed7 abate refund 53,718,200 total assessed value lue of combined parcel 4 Pitkin County Assessor 506 East Mai Street Suite 202 • Aspen, CO • 81611 7 t \WAA ) 1;15o t oo. ‘4.A5 _ \,3qO t goo it 4 i 4o 00 • -511% grs,ae4 •o■l \axe5 (0.65c Q - 1Al14) 34`61 - tacutia w /Le _ ` ( O.e5e,A Q -roh ot y 0\Lle \n „, v — L‘,0(0,600 VI Se0 4 \Ho goo �' — 4 y lin SOO I A i 093 4 500 ' i t 0 6 1 4 5 zoI \ MCC S '3\ \3l• Ali \ Ai IS - 3 \C \ 1 \ :I:\ 4 , 11 : : : 'S - - V E , l f 101 ON Office Hours: 8:00 - 5:00 Mon -Thu Telephone Number: (970) 920 -5160 8:00 - 4:00 Fri Fax Number: (970) 920 -5174 9 � 4tG 1 T8 Pitkin County Assessor 506 East Main Street Suite 202 • Aspen, CO • 81611 2.01t • e, a g, v.S`e , w., i &t k rt-cc( — " CA- * 34%L 1M• io v t\ \lk e , 4 ess4 a5 Yc5; aar,,4;cS • \o-ml - coo too r, - 1,4 5- ,4iS i t- tot L occs, wok \oe 4 N1,456. _Tr A V i Office 1- lours: 8:00 - 5:00 Mon -Thu Telephone Number: (970) 920 -5160 4 0 0 r lioln 8:00 - 4:00 Fri Fax Number: (970) 920 -5174 4 C ,01 1 IN ' I ' 8 PITKIN COUNTY ASSESSOR 506 E MAIN ST STE 202 ASPEN CO 81611 PHONE: (970) 920 -5160 FAX: (970) 920 -5174 , PETITIONER: Ikkboy C P. S( tiff 0 ,.,, A. 4 . SCHEDULE #: 3 The Pitkin County Assessor and the above mentioned petitioner, stipulate to the terms and values listed below: ABATEMENT STIPULATION AGREEMENT For the tax year of 0 t8 : The Assessor and petitioner mutually agree to an actual value of $ ‘I5, (,Oa , fora total tax amount of $ 1 r t . yi1 , resulting in an abatement/refund of $ 4,0 , 464.0 . For the tax year of 1.01 The Assessor and petitioner mutually agree to an actual value of $ 364 306 , for a total tax amount of $ :lea • to , resulting in an abatement/refund of $ 2% 34K _Ob . PLEASE NOTE: THE TOTAL TAX AMOUNT DOES NOT INCLUDE ACCRUED INTEREST, PENALTIES, AND /OR FEES, IF APPLICABLE, AS THESE ITEMS CAN NOT BE ABATED /REFUNDED. PLEASE /9 ONTACT YO7/ /UR COUNTY TREASURER FOR FULL PAYMENT INFORMATION. /i2 :k/' I/ / z "-ebb to �i:�'� /�- t' r ^� / , � / .;,:, ; �, , �. ,- - rte -_ - _ 31 1It A Q- o es 0 ce Date 1 1 PITKIN COUNTY ASSESSOR 506 E MAIN ST STE 202 ASPEN CO 81611 PHONE: (970) 920 -5160 ,,ij �1 FAX: (970)•920 -5174 PETITIONER: t&bOY H 2 `. u,cCs WtClan et. at. SCHEDULE #: R% 6 The Pitkin County Assessor and the above mentioned petitioner, stipulate to the terms and values listed below: ABATEMENT STIPULATION AGREEMENT For the tax year of ZO%O . The Assessor and petitioner mutually agree to an actual value of $ S 1 3Q 1(1() fora total tax amount of $ 1 1 LO tl.'S$ , resulting in an abatement/refund of $ O : hb For the tax year of 7 n 1\ . The Assessor and petitioner mutually agree to an actual value of $ l 14O 900 , for a total tax amount of $ 1 (M, "1,_ : resulting in an abatement/refund of $ 0 - h0 - L Of PLEASE NOTE: THE TOTAL TAX AMOUNT DOES NOT INCLUDE ACCRUED INTEREST, PENALTIES, AND /OR FEES, IF APPLICABLE, AS THESE ITEMS CAN NOT BE ABATED/REFUNDED. PLEASE CONTACT YOUR COUNTY TREASURER FOR FULL PAYMENT INFORMATION. ?Ya 4=- �. c . : cam / fir - ` Z (IL . » », : C P yj er t✓, ,9,- / u .„2,-;,c.-_. Date _ �f�1,z C/ ssor's Office Date I HOLLAND &HART Arthur Daily Phone 970 0- - 925 -3476 THE LAW OUT NEST Fax 970 - 925 -9367 adai ly ©hol landhart.com January 5, 2012 Pitkin County Assessor RECEIVED Attn: Larry Fite JAN 0 5 2011 506 East Main Street Aspen, Colorado 81611 PRIM cow ASSESsoR Re: Approx. 28.7 Acres of Improved Real Property (484 Little Woody Creek Road) Dear Larry: We represent the eight heirs of Grace Huffman, who are the current record owners of the subject property by virtue of a Quitclaim Deed from Grace's Trust recorded September 12, 2011 at Reception No. 582681 (copy attached). The property was originally comprised of a 2.0 acre parcel developed with a single family home, which was conveyed by Jean C. Ingham to Grace Huffman by Warranty Deed recorded May 3, 1973 in Book 275 at Page 350 (copy enclosed), and an adjoining 26.7 acre parcel of unimproved land which was conveyed by Marguerite Reinhart to Grace Ewing Huffman recorded July 19, 1974 at Reception No. 168873 (copy enclosed). I'm also enclosing copies of (i) a June 5, 1974 Pitkin County Planning and Zoning Commission Resolution which recommended approval of the Marguerite Reinhart Subdivision Exemption subject to certain conditions, including that "the exempted property shall be used for a pasture and a hayfield and is not intended for development purposes," as recorded in Book 283 at Page 510, and (ii) BOCC Resolution No. 74 -39 adopted on June 10, 1974 and recorded in Book 290 at Page 65 (together with the unrecorded minutes of that meeting), whereby the BOCC determined that the proposed transfer by Marguerite Reinhart to Grace Huffman of the 26.7 acre parcel was exempt from the definition of a subdivision as contained in the Pitkin County Subdivision Regulations, conditioned upon there being no change in use of or development of the exempted parcel without compliance with or waiver of application of any applicable Pitkin County land use regulations. The Resolution goes on to recite that "Grace Huffman, prospective purchaser, agrees that the real property proposed for transfer is intended for use as a pasture and not intended for any development purposes." I'm also enclosing a copy of the Reinhart and Huffman Exemption Survey of the entire composite 28.7 acre tract prepared by Jim Reser of Tri -Co Management, Inc. in 1974. Pursuant to the terms of the P &Z Resolution and the BOCC Resolution, a survey map of the two parcels was to have been recorded with the old property lines removed and "showing the new property lines to that it will be understood that it is one parcel of land," but the Tri -Co Exemption Survey does not appear to have actually been recorded. Holland & Hart ur Attorneys at Law Phone (9707925 -3476 Fax (970) 925 -9367 www.hollandharLcom 600 East Main Street, Suite 104 Aspen, CO 81611 -1991 Aspen Billings Boise Boulder Carson City Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. L HOLLAND &HART p THE LAW CUT WEST January 05, 2012 Page 2 I'm also enclosing a copy of a Warranty Deed from Grace Ewing Huffman a/k/a Grace Huffman to William Ewing, Jr. and Huston Huffman, Trustees for Grace Ewing Huffman under Trust Indenture dated August 4, 1926, conveying both of the above - described parcels via a single metes and bounds description recorded December 27, 1976 in Book 322 at Page 17. Finally, I'm enclosing copy of a Proforma Title Commitment covering both parcels issued by Pitkin County Title, Inc. under effective date of October 12, 2011, which reflects record ownership of the entire 28.7 acre tract in the eight Huffman heirs as tenants in common. Clearly, the two parcels have been held in common ownership since 1976, and have been considered merged into a single tract by virtue of the 1974 P &Z and BOCC Resolutions. However, the County Assessor records have since 1974 treated the property as two distinct parcels, to wit: Account No. R003487 (covering 28.7 acres) and Account No. R003486 (covering 2.0 acres). The first Account No. appears to cover the entire property acreage (28.7 acres), although only the 2.0 acre assessment appears to include the residential improvement. We would appreciate your revising the Assessor's records to provide for a single tax assessment on the subject property. I appreciate your making time to discuss this matter in person with me later this morning. Very tr uly yo , // Arthur Daily of Holland & Hart LLP cc: Maria Huffman (via email) Kami Pomerantz (via email) 5360605_I DOCX Recorded et 11;40 o Act ZWte 19, 1974 Reception Na. 163303 juLte Mane r.ocotjet, JUNE, 1974 !?8• r \ FACE PITKIN COUNTY PLANNING AND ZONING COMMISSION RESOLUTION EXEMPTING MARGUERITE REINHART • FROM SUBDIVISION DEFINITION • WHEREAS, Merreerite Reinhart received from the Planning and Zoning Commission on June 5, 1974, a recommendation for exemption from the definition of subdivision for 26.76941 acres. a portion of her existing 39.967 acre parcel. NOW TREREFOU BE IT RESOL7m, 1.Lei thi= Pitkin county . - Planning and ZOoing “pprovv.1 of 7.he Marguerite Reinhart exemption frock subd1vision definition subject to the following conditium condition 1. The exempted property 'Apa for a. pasture and a hayfieIth ' 2. The exempted property is ;.at 16r - drivelopmeht ptrPoses. 1. A map be recorded with ille±or.;flty Clerk ant) Recorder's offic.7 shou:ng ;1e- propertT lines so tha; it win that is one parcel of land. • • • / Chat PITKIN COUNTY 'PLANNING COMMISSION Dated this day 01• , 1974 ; ' • • ZSD PITKIN BOARD OF COMMISSIONERS RESOLUTION #74 -39 1). Exemption from the Definition of a Subdivision Marguerite Reinhart • • WHEREAS, on June 5, 1974, Marguerite Reinhart made appliation for exemption from the definition of a subdivision . as contained under the Pitkin County Subdivision Regulations for the transfer of approximately 26.769+ acres, herein des- cribed as A tract of land situated in Lots 4,•5 and 6, Section 10, Township 9 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, being bounded on the Northwesterly side by the Southeasterly line of a road known as the Scott Brother's Road and on part of the Northeasterly side by the Northeasterly side of an access road, both roads as are now constructed and in place, said tract is more fully described as follows: Beginning at a point on the Southeasterly line of said Scott Brother's Road whence the Northwest corner of said Section 10 bears North 05 ° 03' {Vest 4206.80 feet; thence North 27 ° 18' East 279.17 feet along the Southeaterly line of said Scott Brother's Road; thence North 39 ° 12' East 295.88 feet along the Southeasterly line of said Scott Brother''s Road; thence North 42 ° 19 East 293.59 feet along the • Southeasterly line of said Scott Brother's Road; thence North 49 ° 10' East 262.19 feet along the Southeasterly line of said Scott Brother's Road; thence North 45 ° 46 East 303.94 feet along the Southeasterly line of said Scott Brother's Road; thence North 40 ° 43 East 168.50 feet along the Southeasterly line of said Scott Brother's Road; thence North 36 ° 08'19" East 32.30 feet along the Southeasterly line of said Scott Brother's Road to its intersection with the Northeasterly line of said access road; thence South 50 ° 22'49" East 270.30 feet along the Northeasterly side of said access road; thence South 41 ° 46'41" East 209.28 feet along the Northeasterly side of said access road; thence South 14 ° 32'04" East 326.99 feet along the Northeasterly side of said access road; thence South 78 ° 13'05" East 264.92 feet; thence South 45 ° 35' West 268:15 feet; thence South 81'53'21" West 313.99 feet; thence South 41 ° 04'56" West 191.36 feet; thence South 29 ° 13'11" West 104.63 feet; thence South 05 ° 46' 41" West 178.83 feet: Reinhart Exemption Resolution Page 2 thence North 79 ° 41'00" East 77.36 feet; thence South 40 ° 23'31" West 128.99 feet; thence South 58 ° 52'27" West 366.62 feet; thence North 46 ° GE' West 161.49 feet; thence North 13 " ;'20" East 94.23 feet; thence North 59 West 278.92 feet; thence South 78 ° 20' West 160.80 feet; thence North 72 ° 41' West 247.84 feet to the point of beginning, EXCEPTING THEREFROM, that portion described in deed recorded April 30, 1973, in Book 275 at Page 220, asserting that the proposed transfer of the property to the applicant is not within the spirit, intent and purposes of the Pitkin County Subdivision Regulations, and WHEREAS, Grace Huffman, prospective purchaser, agrees that the real property proposed for transfer is intended for use as a pasture and not intended for any development purposes, and • WHEREAS, Grace Huffman agrees that this resolution and a new survey, wlth old lot lines removed, be recorded with the Pitkin County Clerk and Recorder's office before said transfer of real property will be executed, and WHEREAS, this Board may, by resolution passed under Section 1.4B of the Pitkin County Subdivision Regulations, exempt the division of parcels of property therefrom upon a finding that the proposed division is not within the purposes of the Regulations and would. not adversely affect the uniform and objective application of sound Land use regulations and land use planning in Pitkin County Colorado, and WHEREAS, based upon the facts presented by the applicant, this Board has determined that the proposed division is the proper subject for an exemption, there being no useful purposes to be served. Reinhart Exemption Resolution Page 3 NOW, THEREFORE, BE IT FURTIIER RESOLVED, that an exemption be and it hereby is granted to the applicant to permit the trans- fer of the property, without full application of the Pitkin County Subdivision Regulations, conditioned upon there being no change in use of or development of the exempted parcel without compliance with or waiver of application of any applicable Pitkin County land use regulations. - Dated: U n e I() 14 `S BOARD OF PITRIN COUNTY COMMISSIONERS By r% Y; S' �,/y J seep h E: - Edwa rdt 'Jr". , Ch8 \ rman n Itlsh r a' . ' G■, «ISTOn qu (Lai, C �y �d f occoc I A Ei ;a li i I 1 1 , % , kihiq 1 ilk! t6 -,, a 3 1 0( a 3 li 0 ts i 'J it g., *-cctkt 0 t s . \ .9, 1 v c ii de r ; i 11; V r ,%,.., 1 t ct aC 1 e i I it '2'6 C, %tb 01 ' Ili 1 : ta kV ' 11.01 , ;t1/4 • .. N,5, . e \ 4 4.9..: • 1 ft2, .> li A \ 1 h -t i ;-<, I 4 ' cr Ar r 0 '4‘ % o 1 3 zil lq e P l a ck 'Ne CL N i PROFORMA TITLE REPORT SCHEDULE A 1. Effective Date: October 12, 2011 at 8:00 AM Case No. PCT23300P 2. Policy or Policies to be issued: Proposed Insured: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: MARIA EWING HUFFMAN, JANE EWING HUFFMAN, BETSEY HUFFMAN, JESSIE HUFFMAN, MOORE P. HUFFMAN, GRACE E. HUFFMAN, ISABEL V. HUFFMAN AND FELICITY HUFFMAN 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970 -925 -1766 Phone / 970 -925 -6527 Fax 877- 217 -3158 Toll Free AUTHORIZED AGENT Countersigned: y 1 EXHIBIT "A" L � LEGAL DESCRIPTION f eA ract of land situated in Lots 4, 5 and 6, Section 10, Township 9 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, being bounded on the Northwesterly side by the Southeasterly line of a road known as the Scott Brother's Road and on part of the Northeasterly side by the Northeasterly side of an access road, both roads as now constructed and in place, said Tract is more fully described as follows: Beginning at a point on the Southeasterly line of said Scott Brother's Road whence the Northwest corner of said Section 10 bears North 05 degrees 03 minutes West 4206.80 feet; thence North 27 degrees 18 minutes East 279.17 feet along the Southeasterly line of said Scott Brother's Road; thence North 39 degrees 12 minutes East 295.88 feet along the Southeasterly line of said Scott Brother's Road; thence North 42 degrees 19 minutes East 293.59 feet long the Southeasterly line of said Scott Brother's Road; thence North 49 degrees 10 minutes East 262.19 feet along the Southeasterly line of said Scott Brother's Road; thence North 45 degrees 46 minutes East 303.94 feet along the Southeasterly line of said Scott Brother's Road; thence North 40 degrees 43 minutes East 168.50 feet along the Southeasterly line of said Scott Brother's Road; thence North 36 degrees 08 minutes 19 seconds East 32.30 feet along the Southeasterly line of said Scott Brother's Road to its intersection with the Northeasterly line of said access road; thence South 50 degrees 22 minutes 49 seconds East 270.30 feet along the Northeasterly side of said access road; thence South 41 degrees 46 minutes 41 seconds East 209.28 feet along the Northeasterly side of said access road; thence South 14 degrees 32 minutes 04 seconds East 326.99 feet along the Northeasterly side of said access road; thence South 78 degrees 13 minutes 05 seconds East 264.92 feet; thence South 45 degrees 35 minutes West 266.15 feet; thence South 81 degrees 53 minutes 21 seconds West 313.99 feet; thence South 41 degrees 04 minutes 56 seconds West 191.36 feet; thence South 29 degrees 13 minutes 11 seconds West 104.63 feet; thence South 05 degrees 46 minutes 41 seconds West 178.83 feet; thence North 79 degrees 41 minutes 00 seconds East 77.36 feet; thence South 40 degrees 23 minutes 31 seconds West 128.99 feet; thence South 58 degrees 52 minutes 27 seconds West 366.62 feet; thence North 46 degrees 38 minutes West 161.49 feet; thence North 13 degrees 24 minutes 20 seconds East 94.23 feet; thence North 59 degrees Bf> s 05 minutes West 278.92 feet; thence South 78 degrees 20 minutes West 160.80 feet; thence North 72 degrees 41 minutes West 247.84 feet to the Point of Beginning. HISTORICALLY DESCRIBED AS: Parcel 1 A tract of land situated in Lots 4 and 6, Sec. 10, T 9 S, R 85 W, of the 6th P.M., being bounded on the Northwesterly side by the Southeasterly line of a road knpwn as Scott Brother's Road. Said tract is more fully described as follows: Beginning at a point on the Southeasterly line of said Scott Brother's Road whence the Northwest corner of said Sec. 10 bears N 21 ° 32'39" W 3386.31 feet; thence S 45 ° 32'45" E 182.84 feet; thence S 26 ° 10'11" W 32.86 feet; thence S 42 °32'44" W 97.07 feet; thence S 48 °16'02" W 309.63 feet; thence N 49 °4720" W 199.72 feet to the point on the Southeasterly line of said Scott Brother's Road; thence N 49 °10'00" E 219.48 feet along the Southeasterly line of said Scott Brother's Road; thence N 45 °46'00" E 233.26 feet along the Southeasterly line of said Scott Brother's Road to the Point of Beginning. Parcel 2 A Tract of land situated in Lots 4, 5 and 6, Section 10, Township 9 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, being bounded on the Northwesterly side by the Southeasterly line of a road known as the Scott Brother's Road and on part of the Northeasterly side by the Northeasterly side of an access road, both roads as now constructed and in place, said Tract is more fully described as follows: Beginning at a point on the Southeasterly line of said Scott Brother's Road whence the Northwest corner of said Section 10 bears North 05 degrees 03 minutes West 4206.80 feet; thence North 27 degrees 18 minutes East 279.17 feet along the Southeasterly line of said Scott Brother's Road; thence North 39 degrees 12 minutes East 295.88 feet along the Southeasterly line of said Scott Brother's Road; thence North 42 degrees 19 minutes East 293.59 feet long the Southeasterly line of said Scott Brother's Road; thence North 49 degrees 10 minutes East 262.19 feet along the Southeasterly line of said Scott Brother's Road; thence North 45 degrees 46 minutes East 303.94 feet along the Southeasterly line of said Scott Brother's Road; thence North 40 degrees 43 minutes East 168.50 feet along the Southeasterly line of said Scott Brother's Road; thence North 36 degrees 08 minutes 19 seconds East 32.30 feet along the Southeasterly line of said Scott Brother's Road to its intersection with the Northeasterly line of said access road; thence South 50 degrees 22 minutes 49 seconds East 270.30 feet along the Northeasterly side of said access road; thence South 41 degrees 46 minutes 41 seconds East 209.28 feet along the Northeasterly side of said access road; thence South 14 degrees 32 minutes 04 seconds East 326.99 feet along the Northeasterly side of said access road; thence South 78 degrees 13 minutes 05 seconds East 264.92 feet; thence South 45 degrees 35 minutes West 268.15 feet; thence South 81 degrees 53 minutes 21 seconds West 313.99 feet; thence South 41 degrees 04 minutes 56 seconds West 191.36 feet; thence South 29 degrees 13 minutes 11 seconds West 104.63 feet; thence South 05 degrees 46 minutes 41 seconds West 178.83 feet; thence North 79 degrees 41 minutes 00 seconds East 77.36 feet; thence South 40 degrees 23 minutes 31 seconds West 128.99 feet; thence South 58 degrees 52 minutes 27 seconds West 366.62 feet; thence North 46 degrees 38 minutes West 161.49 feet; thence North 13 degrees 24 minutes 20 seconds East 94.23 feet; thence North 59 degrees 05 degrees 05 minutes West 278.92 feet; thence South 78 degrees 20 minutes West 160.80 feet; thence North 72 degrees 41 minutes West 247.84 feet to the Point of Beginning. XXCEPTING THEREFROM that portion described in deed recorded April 30, 1973 in Book 275 at Page 220. i SCHEDULE 13 - SECTION 1 REQUIREMENTS THIS REPORT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND /OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE SCHEDULE 13 SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer • / service or for any other special taxing district. ✓!. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patents recorded in ;/Book 55 at Page 63 and in•gook 55 at Page 99. v8. 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 and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded in Book 55 at Page 478. v4. Easements and right of way as set forth in instrument recorded January 4, 1949 in Book 170 at Page 534. 1 0. Terms, conditions, provisions and obligations as set forth in Easement and License recorded May 6, 1965 in Book 212 at Page 540. 1 / . Terms, conditions, provisions and obligations as set forth in instrument recorded June 9, 1966 in Book 221 at Page 31. Terms, conditions, provisions and obligations as set forth in Grant of Easements recorded August 6, 1970 in Book 249 at Page 853. ; ,ira. Easements and rights of way as reserved in deed recorded July 19, 1974 in Book 289 at Page 334. 14. Terms, conditions, provisions and obligations as set forth in Resolution recorded June 10, 1974 in Book 4 288 at Page 510. A5. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Pitkin County Board of Commissioners recorded August 12, 1974 in Book 290 at Page 65 as Resolution No. 74 -39. • Regular Meeting • • PStkin County Commissioners 41111. 10, 1974 -3 Sparovic- Kingdom Charlie Worth then took up the discussion from Kingdom Hall's Hall, cont. point of view. Donna Baer responded to Mazza's remarks about each point, emphasizing that P & Z has the responsibility to make judgments and recommendations. She also noted that a report requested from the Corps of Engineers stated that the proposed building is in the Flood Plain; also that it was impossible to conceal all cars which would have to be parked in the area. Dave Hasty, the presiding overseer of Jehovah's Witnesses in Aspen, expressed his belief that the community is demanding that Jehovah's Witnesses expand. He feels that all the problems could be engineered out. Edwards stated that the existing regulations prohibit building in the Flood Plain and limits the uses to agriculture and forestry - thus the commissioners have no authority to grant approval without amending the regulations. Shellman felt the same way and explaining that it was unfortunate it was a church making the request, moved approval of the P & Z resolution and action. Baxter agreeing with the reason for the motion, but not the strictness of the regulation, seconded the motion. Unanimous. Exemption from def. George Ochs of the Building Office presented the request of subdivision - Reinhart of Marguerite Reinhart of Little Woody Creek for exemption from the definition of a subdivision regarding the prospective sale of a 27 -acre portion of her 40 -acre parcel. P a Z had approved ]1,. the exemption upon three conditions. Shellman moved approval -m- subject to the presentation of a plat that states the objectives and sets forth the conditions of the recommendation by P & Z; 2nd by Baxter. Unanimous. l • Stop Orders Patsy Newberry noted to the commissioners atop orders that had been issued recently by the Building Department: Gisella Ffou, Joe Fiou and Wayne Jadwin - digging out the aide of the mountain on the south side of the Highway just past Basalt. • __-. RECEPTION #; 582581, 09/12/2011 at 03:49:19 PM, 1 OF 5, R $31.00 DF $0.00 Doc Code QCD Janice K. Vos Caudill, Pitkin County, CO QUITCLAIM DEED THIS QUITCLAIM DEED, made this day of Gt0e.mbee, 6 by WILLIAM EWING III and THOMAS C. EWING, as trustees under that certain TRUST AGREEMENT dated August 4, 1926, made by Maria Taylor Ewing for the benefit of Grace Ewing Huffman, as grantor, in consideration of Ten ($10.00) Dollars, lawful money of the United States and other valuable consideration in hand paid, hereby sells and quitclaims to the following individuals, as tenants in common, collectively, as grantee: (i) Maria Ewing Huffman, whose street address is 2 Fifth Avenue, Apt. 20F, New York, New York 10011, (ii) Jane Ewing Huffman, whose street address is Box 5242, Snowmass Village, Colorado 81615, (iii) Betsey Huffman, whose street address is 52 Toad Road, RR #1, Windham, Vermont 05359, (iv) Jessie Huffman, whose street address is HC 42, Box 640, Busby, Montana 59016, (v) Moore P. Huffman, whose street address is Box 42, Woody Creek, Colorado 81656, (vi) Grace E. Huffman, whose street address is Box 452, Little Woody Creek, Colorado 81656, (vii) Isabel V. Belden, whose street address is 655 East River Road, Thermopolis, Wyoming 82443, and (viii) Felicity Huffman, whose street address is 7095 Hollywood Boulevard, # 652, Los Angeles, California 90028. ALL of the following real property located on Little Woody Creek Road, County of Pitkin, State of Colorado, to wit, as more particularly described in Schedule A attached hereto and made a part hereof, TOGETHER with the appurtenances and all the estate and rights of grantor in and to said premises. [signatures on following page] • Trust created under an Agreement dated August 4, 1926, made by Maria Taylor Ewing for the benefit of Grace Ewing Huffman BY: Art/ ... . 4 William E. _ w & f , By: 4- -VI-6 iL Thomas' . Ewing, Trustee State of `koc ) County of PV1 C�t,'v1 ,a4vz, (.� ) ss. The foregoing instrument was acknowledged before me on (Al.tt,ll ?h ,2011, by William Ewing III, Witness my hand and official seal. My commission expires: t 1 (67\1( (300: /7-,fly �\\ P I R q /NSF otary Public / e k ta,y Pubt �o =_ 1' �1yy �- /" Co mmissl on a pl es State of kia4V`ILRn kt• ) 11/24/2 ss. O County of ikAfi te. 9 ) ,, /pIH A t \�`\\ The foregoing instrument was acknowledged before me onir,� .. , 2011, by Thomas C. Ewing. Witness my hand and official seal. My commission expires: It(21-((o2/� `/ l / 4 \` o utim1Up, 1 Awi - ` 4 Pi ` \\` J Jy b.: 0 J. RAr � B i'i 1 � N. tary Public O S y N otary P u b lic % M e cklenbu r MY Commiss O r. c y 11 /24 /201 RECORD AND RETURN TO: O Sullivan & Worcester LLP ii ) 1290 Avenue of the Americas New York, New York 10104 Attention: Constantine P. Ralli, Esq. Schedule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mi.s'<svk f. Po S , .-' 7 ---,, T .__k ' %i t. 3 °F.>.0 : r . t• S, Y � s • - v4 stTr.R"4�fi 'R � \ � . dGT } 41c� 5 w ,r . e �� f.;;- , t t > "�C ..}^cam r q to e f k- z. %- • .d3t - '-_, t • ±±. 'x t 1+ ti t•.- i ti°s � a ". -:,. ,.-+ ' r ? r b y rr - -r ,_,,;� ; - a •s... -- �> --- i.r,._tS 'r _a-- t _r . .-rte s �; s:at 'O r t ,a• t4 _ -r- - •-- r _ ` .. _ Es � IC B rd d a t. . k to k_ P u. D_c L.7. _A97G. . ._- + - q (ft. c �p Hane �teronlor. ; e 1 ; xA Reeephon T'o__ . .__._.. ._._ r y . g ?' t • - - a •v r 1 t°rla ) 4 r t t 4 3 Tilts DEED, Made this j;' - day of , t i . 1 B30K 322 +t,CE d / € c , - n a$ r' betwecnGRACE EWING HUFFIIAN, a /k /a GRACE HUFItAN '� . lifI ,Y.fr 1.; ly t1? a single woman a •'.. j • '. sun 1. ,t1 TM t k. , -. t g4 it 2D • a`•-r' ktai9' DEC 2 . PAID ,,� ; + . ti g k k of the Count of P1 Fkin and State of Colorado. D 1' 5 i3x irstpart, and WILLIAM EWING, JR. and HUSTON HUFFHAN, "_ ", -- � j u Z - ' *Wow Trustees for Grace Ewing Huffman under that certain Trust ', orthcf r? 5; , 1 4''i y cd.I d Indenture dated August 4, 1926, whose address is c/o The . ' r � er no} ; roT x E wing Trusts, 140. Broadway, New York City, Hew York 10005 " - ` d 51il y i 2 .? o fag second par t y ° -eL .ancLat3te _(Lelaelda_flhesecnnd_Part e Z i ll r t ,. r k. _ W i a xs :iii.i'aiTinFiVi .. om+ r-- .: aA4 \i, WITNESSE t1. That the said part y of the first part, for and In consideration of the sum of t - Y5 y 5 y, i I d s S s e a 1 . Ten Dollars (510.00) and other good and valuable considerations yd3.Q1.k%AS, '-"'r - ,rt { e'" 5 � AJ a 3 I, ,, £ 2 1 , s a! to the said part y of the first part In b +'.d paid by the said part i e s of the second part, the receipt whereof is f I or � , " •s h ereby confessed and acknowledged, ha 5 granted. bssy^.lned. sold snd conveyed. and by these preens does I, f - y . ¢ • C 7 ] 3 -,am confirm, sell, convey and con • uc:o the said part ies of the s coed pat, their successors * `? �I Fn s ° {I -Lskiya-and •si,ns forever, J ;be following dcc.ibed lot or parcel of land, situate_ lying one being in t e ` -� t y v yi ff ( it 4'S . County of Firkin and S:a:e of Colorado, to- -it: i! I 2e etc - Ao a E n 4 tract of land situated in Lots 4, 5 and 6, Section 10, Township 9 Sour., Range t e ' +.. 1 4 55 West of th 6th P rincipal aeridian, Pitkin County, Colorado, being bounded on e, 44' 7 ' x .0 the Northwesterly side by the Southeasterly line of a road known as the Scott k 3 ? :tether's Road and on part of the Northeasterly side by the Northeasterly side of s; sY a, . s} b i „ 4 n access road, bath roads as are now constructed and in place. Said tract is 1 ;4.4t11 y ore fully described as follows: I I °� ` _'� r P-', - 141 t l egi ra ni rag at a point on [hc Southuas[e rly line of said S cott B mthcr's :.wad wbenca f .-- 4 4 4 r r t he Northwest corner of said Section 10 bears North 05 ° 03' West 4206.80 feet; thench 5 t 4 , iarth 27 ° 15' East 279.17 feet along the Southeasterly line of said Scott Brother's h ;Ji-l1 u' Il' u 'oad; thence North 39 ° 12' East 295.88 feet along the Southeasterl line of said ' , 7 � y f + t, .cott Brother's Road; thence North 42 ° 19' East 293.59 feet along the Southeasterly `4 u n s ; : r5-7- r - Inc of said Scott Brother's Road; thence North 49 ° 10' East 262.19 feet along the I "�= t+ dau E .: " . outheasterly line of said Scott Brother's Road; thence North 45 ° 46' East 303.94 " r " s'` ' r m itt - ' eve along the Southeasterly line of said Scott Brother's Road; thence "arch 40 °43'I } r y � a y 1' °: P I ast 168.50 feet along the Southeasterly line of said Scott Brother's Road; thence - S L L -'" ' Ji orth 36 ° 08'19" East 32.30 feet along the Southeasterly line of said Scott Brother dy , '' r era k y s •oad [o its intersection v1 [h the Northeasterly line of said a road; thence I 11 ,+ 5 't • � 1 , 4 t' � : { {{ *Guth 50 ° 22'49' East 270.30 feet along the Northeasterly side of said access road; '' d •' ' >° I , f7t4* ; } hence South 41 ° 46'41" East 209.28 feet along the Northeasterly side of said I i .,, rat 7 i tl, ;;;; ;e { .ccess road; thence South 14 ° 32'04" East 326.99 feet alorg the ::ortheasccl side s- 1 ,.' „ - •a".t - .f said access road; thence South 78 ° 13'05" East 264.92 feet; thence Sot 4y 35 1 x y t °" 'est 268.15 feet; thence South a'1 ° 53'21" hest 31 South 9 feet: thence South -1°04'5r - - ';' � 's !! fest 191.36 feet; thence South 29'13'11" West 104.63 feet; thence South 6 41 4 S -trc� l est 178.33 feet; thence South 7' .i'00" East 77.36 feet; thence South f -2 3 31 ii >=•g + w, . d r , est 161.49 feet; thence North 13 ° 24'20" East 9423 feet y I• 6 2 ; thence North 5 • thence : :' ° 05' West iI • a 4 - � {F £'r rct z IS ,. y %i 78.92 feet: thence South 78 ° 20' Wes[ 160.80 feet; thence North 72 ° 41' Hest 1 • ' ,< ;r a '�' I 1 a l 47.84 feet to the point of beginning. I N t tA 4 11 I Y< S, S 5 � za,» i airs ii '� ' I s :.d i Id t -5S� S5+ ki T • d 95 9 7��, 3'r�,t r k } Iii i.1°Y'a' P Jr gl ,_ " ,'t ' y ajg' I x ' ^, my y .g,3.Y• ▪ s' a x 'ft 0 4A t -4;r7 --•tx` 3 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging. or in anywise T °T�l' " } }} , gin.. o �3; +� x k ,..n.b E 1 f e y ' nppnn and the revers on and reversions, rcmai. 'er and remainders. rents, issues and profits thereof; end 11 I . the estate, right, title, C (" ^SSY �y, l y mterett, claim and demand whatsoever of e said part 7 of the first part, th n at . v's�h t a h,. • _of or ctWt>, of. in and to the above bargained premises with the hcrediramenta and appurtenance w 1i f° AeSi i ' - 1 • 41,L No. k03_ a:A r.,PF•r,.aH= Lou:- r n Pt .v ier co. :fsrc SVI tD.a.r•. ea.wl -11 -.a [Sit Ji A Y om. �.ou e 5 ' l 'MTV .., 43 r41cl: p J -F F'4 sr - -. wwIst '+F.t* ?_ 3tl4 '. >_ -:51 'y,,... t � �, £ ''.. L' Tv"!t ��r r 2w .p++ x 1 • a � +•s a •c- ' 4 x4 ,4 9 , , �. ° d F sass --. l v �*, -l( t aL.. -45, °"_Y "" , ' � • -- t --' -r • r . a � a" ._ wc1. ^� ..'i:.�Fi'L�= �'�°"w�� — F 1 X 1i'ir ..5 i 6 n3�Z ;: f 18 . r 1 + 'I TO DAVE AND O DOLL) the salt) premises above bargained and described with the appurtenances, unto the 6.>z:.Irs TO s!'d said p:mt ies of the second part, theidiery ncu and 5 W Ir ma forever. And the said part y of the first part. ; 4 � "4' - y Y ? for hci set f,he 9lc rs, executors, and adman ugges t does covenant. Scoot, bargain and agree to and with E 2l} f`i7 who said parties of the second mlrttheirdW U - + +r .e Ignt that at thr time of the unsealing and delivery of 64 � . S air i these presents She 15 well shred of the premises above conveyed, as of good, sure. perfect, absolute and l} H Vsm h _ indrfca- hle estate of inheritance, in law, in fee simple, and ha s good right, full power and lawful authority to I` n `y y s _ y grant bargain. sell and convey the same in manner and form as aforesaid, and that the same are free and xs :, 1 clear from all former and other grants, bargains, sales lions, tares, assessments and encumbrances of whatever ` kind or nture so except and subject to general caves and assessments for 1976 and there 4 cec 1 of ter, .U. "a. Patent reservations and exceptions, water rights and pipeline easement des , • , cribed in Book 212 at page 540 or the Pitkin County records, easements described in Book "" ; 170 at page 534, covenant described in Book 221 at page 31, easements set forth in Boon i"1_ n t w 249 at page 853, terms and conditions of Resolution recorded in Zoog 288 at page 510, + ` `•awl easement reserved in deed recorded in Book 269 at page 334, Deed of Trust recorded in y' Book 260 at page 592 as security for a Note dated 12/28/71 in the original principal r amount of 565,000 payable to The Mutual Savings and Loan Association, and Deed of Trust : t_ recorded in Book 289 at page 377 as security for a Note dated n in the on F.f al t; > v ., g : i principal amount of $330,000 payable to Robert 0. Alexander, the he obligations of which two T �� "*i r . t•'t (2) Notes and Deeds of Trust parties of the second part hereby assume and agree to par and the above F g d premises re. the quiet d peaceable pa -__ Diu of - • .cs of n . e second nark � c_ ir SVC CCSSOTS#nwn end dcsigns :mains: all and re Frititt cr persons law =illy eiciming or Cu claim the andc or anw r �+�s ° "e r "cs e v3' IN WITNESS WHEREOF, l] a said part y of the first part ME hereunto nether hunt) f . �.! t and seal th day and year first above written _ I � 1 /I ' � ,� f • ' � /. TI =L 4 tsE:cL) 4„. GRACE EWING HUFFMAN r S scaled and U¢IirereJ In the Presence of 0 r; W r s sU' FM N a/ k +- PF.YA a / /a' F -r :I GRACE HUFFAN `,..' - h7' "E .sue: - :iL. ._. ..._._. _..__sees. _ _ .._._._(SE ILI _ [SEAL) w ^ • r t .; S . County of Pi thin rfn STATE OF COLOCOLORADO, )) ti Go t. n ! F sa, o- i y T he f oregoing I nstrvment was ac a (edged herore Inn. this �` F h day of Lb...-U ' 4'1, t }5 a .10'76 by GRACE EWING HUFF'-AI a /k /a GRACE I ■ CE HUFAN. 4 y 1 y ! Ny commission expires eily,v."\-d 1.., , DTP. Witness m9hand and°Moial sent. o gl ,�,r : a .+- 2 t in 1 , R-�.C.1:n a 1: 1 I - - ri ....cn.L) rite v Retain v411n ;v 4 r, � : mow rV^ Te t , \ Rt P R A� a 11 + • 3 4 .. 1 J hl f 4 "`/ i . - f Y' V i f • I v.1 1nt ll • v 1 a fi A r k +".01it's f i / r 1 . - r ' :. I3 \ '� tin r • r -C sJ l i I g 7 ., u I 1 , +. �Fc -u3.s1 C 4 t , 1 ■ R a h i 3 7;t71 ~ e c 3 IS } 2 �e I A J � 4 1 t 1 i I I I ' 1 �" "- t aI '. 11 6 I .; t f l Q II 1 O 2 '� 2 -6L- vi 1 I,1 14 ! I o c f CSP t I Z II 0 - - I c 1 -e - l � . it _I _ a _ 1 k' '. 1' z ru . - 2 t I rl, /' II I ii •n I — 0 1 I I ( l 7 - iv' + , S N 1 11 ' r�_3 L ? i . �`-ta 11 "4 Eenorta a. 9;46 d tab P M. July 19, _1974 qR��-� r.• t 168873 Julie V _.__ 'O "" x" h • a Y Reception No._.._____ _ __ __._ V t ,.'P148 DkEU, Made two /9 day of July , f ' I bptvme.. l r% MARGUERITE REZNHART, a married woman rr STAR BDCU0ITh&L 1-14, : d the County of Pitkin and State of Colorado, JUL 1 9 PAID • ftm, t' atthefhateanosul S 3, 015 4 �• GRACE EWING HUFFMAN • _ r - 3.3 v ' of the Co ®to ot Pitkin and state oz Coloreds of the exona part: Wr1NEg8ETH, That the said partY of the List part, for end in consideration of the eon of Ten Dollars ($10.00) and other good and valuable considerations itcebenX to the mid part Y of the fiat part In hand paid by the said part y 4f the second part, the receipt whereof is • hereby confessed W achnowldged, baS granted, bargained, sold end conveyed, and by these presents do grant, bangs, Bell, convey and confirm, unto the said pert y of the second part, her ° ' heirs and assigns forever, all the following described lot or pawl of land, situate, lying and being in the Comrty of Pitkin and State of Colorado, to-wit: A tract of land situated in Lots 4, 5 and 6, Section 10, Township 9 SoutIA, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, being bounded on the Northwesterly side by the Southeasterl, line of a road known as the Scott Brother's Road and on part of the Northeasterly side by the Northeasterly side of an access road, both roelda-as are now constructed and in place. Said tract is more fully d'escrifogd, as follows: : . ' Beginning at a point on the Southeasterly line of said Scott Broth'er'- . Road whence the Northwest corner of said Section 10 bears North 05 °03' West 4206.80 feet; thence North 27 °18' East 279.17 feet along the Southeasterly line of said Scott Brother's Road; 'thence North 39 °12' .Rest 2988 feet along the Southeasterly line of said Scott Brother's Rnad;'thence North 42 °19' East 293.59 feet along the Southeasterly li e of said Scott Brother's Road; thence North 49 °10' East 262.19 feet along the Southeasterly line of said Scott Brothers Road; thence North 45 °4•' -East 303.94 feet along the Southeasterly line of said Scott Brother's Road; thence North 40 ° 43' East 168.50 feet along the Southeasterly li e of said Scott Brother's Road; thence North 36 ° 08'19" East 32.30 feet :long the Southeasterly line of said Scott Brother's Road to its intersection with the Northeasterly line of said access road; thence South 50 ° 22'4:" East 270.30 feet along the Northeasterly side of said access road ;, tk -nce South -41 °46'41" East 209.28 feet along. the Northeasterly side of said access road; thence South 14 °32'04" East 326.99 feet along the Northe sterly side of said access road; thence South 78 °13'05" East 264.92 feet; thence South 45 °35' West 268.15 feet; thence South 81 °53'21" West ' 313.99 feet; thence South 41 °04'56" West 191.36 feet; thence South 29 °13'11" West 104.63 feet; thence South 05 ° 46'41" West 178.83 feet; thence North 79 °41'00" East 77.36 feet; thence South 40 °23'31" West 128.99 feet; thence South 58 °52'27" West 366.62 feet; thence North 46 °38' West 161.49 feet; thence North 13 °24'20" East 94.23 feet; thence North 59 °05' West 278.92 feet; thence South 78 °20' West 160.80 feet; thence North 72 °41' West 247.84 feet to the point of beginning. EXCEPTING,THEREPROM, that portion described in deed recorded April 30, 1973, in Book 275 at Page 220. Reserving, however, to party of the first part, her heirs and assigns forever, a perpetual non - exclusive easement and right -of -way fifteen 15') feet in width over and across the portion of that certain road as now con - structed -and in use, commencing at the point of intersection of such ad with the Scott. Brother's Road, from which point the NW Corner of sad. Sectio • ' 10 bears N.25 °46'45" W. a distance of 327j.29' feet, and thence conti ing slung "said existing road to a point from which the NW Corner of said ection 10 bears N.27 °16'49 4 14. a distance of 4054.7.0 feet, for purposes of , a ess * TOGETHER with all and a rt singular the hereditament. and appurtenances thereto beIo ing', or in enywee apportalalne, sod the reunion .od ravenlon, remainder end renWnden, rents, isuee .red Waffle thereof; .red all the estate, right, title, interact, claim and demead whatsoever of the said pert y of the first part, either in law or equity, of,10 and to the above bargained premises, with the hereditament, and appurtenances. and underground utility service to the adjoining land being retained by party of the first part. NM1 463. WMMMY DD—F.. FYM1rneW gwLDrWrme yuuil"e G., r.2ue Stoat amt Da.n, abn4 — - j r -.-