HomeMy WebLinkAboutbocc.ord.035.1996 , , t�.±..
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AN ORDINANGE OF THE BOARD OF COUN'CY COMMISSIONEfiS ; - .
OF PITKIN COUNTY,COLORADO APPROVING THE TItANSFER ; .<
OF LOT 5,SUIV[�IY PAFK SUBDIVISION TO TH£ �i.
ASPEN/PITKiN COUNTI'HOUSING AUTHOAITY , ."
AND AITCHORIZING THE CHAIR TO E�ECUTE ';_
THE NECESSARY DOCUMENTS
Series 1996,,� ,r" �`
Ocdinance N�unL�er "Ih 71 %�`%
Recita(s � "r
WHEREAS,thc Board of County Commissioners of Pitkin County is the owner of , -
a parcel of c�eal�L�oyerty described as Lot 5,Sunny Park Sulxiivision,Ciry of Aspen, . .
County of Pitkin aitd conunonty known as the Snuiggler Moantain AparEments;and
WHEKEAS,the Smuggler Mountain Apartments at�e classified as Category 1, .
£mployee Housing,pursuant to tlie Aspen/Pitkin County Hocising Authority guidelines;
and
WHEREAS,the Aspen/Pitkin Cocmty Housing Authority assuines responsibility u
for all costs of operafion and�naintenance of the Smuggler Mountain Aparrinents,as
, wel!as managemettt of the property;and
WHEREAS,Pitkin County took title to the property on behalf of the Aspen/Pitkin
County Hottsing Authority lxcause the property was located in the Sntttggler Superfund
Site and Pitkin County was already involved in the litigation concerning Ehe siEe,and
the As{�en/Pitkin County Housing Autiiority dici not wish to risk exposu��e to the
litigatiar and *'�
WHEREAS,the litigation has Ueen settied aild there is uo longer any risk to the
Aspen/Pitl:in Counry HoLUing Authority icl taking titie to the property.
WHEREAS,notices►�equired Uy the Co�isent Decree]odged in the United States
District Court case,United States of America v.Smus�.¢ler-Duraut Mining Cocp.,et al,No.
89 C 1802,i�ecorded in Book 777 at Page 910 of the��eal properry recoiYls of Pitkin
County,in connecfion with conveyance of property within tlie Site have been sent.
NOW,THEREFOAE,BE IT ORi7AiNED,that the Board of County Connnissioners
apptroves the transfer of titte to tat 5,Sunny Park Su(xtivision to the Aspen/Pitkin
County Housing Authority and authorizes the Chaicman to execute the attached deed.
INTRODUCED,FIRST READ AND SET FOR PUBLIC HEARING ON THE I OTH
DAY OF JULY,1996. .
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF
THE ASPEN T[MES pN THE F 2TH DAY OF JULY,1996.
APPROVED UPON SECOND HEAD►NG AND PUBLIC HEARING ON THE 2$TH
DAY OF AUGUSf,1996.
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PUBLISHED AFfER ADOPT[ON T E W,EKEND EDITIONS OF THE ASPEN �' '"`�'
TIMES ON THE�DAY OF _,I996. •
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ATTEST: BOARD OF COUNTY COMMISSIONERS �-
OF PITKIN COUNTY,COLORADO
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J nette Jones �mes R.True
eputy Clerk �Chairman
Date: 7�7' '
COUNTY MANAGE •
� nne Konchan
APPKOVED AS TO FORM:
___' .:_.__.---"
John M.E1�
Coun rney
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GERVERAL WARRANTI'DEED
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77i1S DEED,utade fhis_day of , 1996,between THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUN7'Y, COLORADO, Grantor, and TH£ , '.
ASPEN/PIT'KIN COUNI'Y HOUSiNG AUTHOAITY,whose legal adc�ress is 530 East Main 5treet,
Aspen,Colorado 8161 i,Counfy of Pitl:in,State of Colocado,Grantee:
W1TIVESSETH,Yhat the Grantor,has granted,bai�ained,sold and conveyed,and by these
presents does gi�nt, baigaiti,sell,convey and confirny unto tUe Grantee,its heirs and assigns
foi�ever,al(the fo[lowiiig described parcefs of land,sihiate, lying and l�eing in the Counry of
Pitkin,State of Coloraciq to wiG
Lot 5,Sunny Park Subdivision,City and Townsite of Aspen,known �
as Smuggler Mountain Apartments,414 Park Circle,Aspen,Colorado.
TOGETHER with al] and singular the liereditaments and appurtenances thereto
Uelonging, or in anywise appertaining, and the reveision and reversions, remainder and
t�emainders,rents, issaes and ptbfits thee�eof,and all the estate, right, title, interest, claiui and
demand whatsoever of the Grantor,eitiler in law or equity,of, in and to the above batgained
premises,with the l�ei�editaments and appurtenances.
TO HAVE AND TO HOLD the said �reivises aUove bargained and desceibed with tlie
appu��Eenances,unto the Grantee,its heiis and assigns forever. And the Grantoz�,for itself,its
- sueeessors, hei►s,executors,and adminishators,does wvenant,grant,bargain ancl agc�e W and
with the Grantee,its heiis and assigns,that at the time of tF�e ensealing and delivei�y of these
pc�esents,it is well seizeci of the premises above conveyed,l�as good,sure,perfect,absolute and
indefeasible estate of inheritance, iii law, in fee sie2�ple aiid has goai right, full powec and
authoLity ro g��ant,batgain,sell and convey tlle same in niaiiner and forcn as aforesaid,and tltat �
the same are f►�ee and clear from all former and other grauts, baigains, saies, liens, taxes,
assessments anc3 encumbrances of whatever kind of nature soever,except taxes for the current
� year and buidens of special assessment districts.
NOTICE: This property is subject to the Partiai Consent Decree in the United States
District Court, For the District of Coloradq United States of America v. Smuggler-Duranf �
Mining,Corn.,et al,No.89 C 1802,recorded in Book 777 at Page 910 of the real properry
records of Pitkin County.
The Grantor shall and will WAP.RANC AND FOC�EVER DEFEIVD ti�e above-baigained
pe�mises in the quiet and Exaceable possession of the Grantee,its successors,heics and assigns,
against all and eveLy person or persons lawfiilly claiming the whole or any pai�t thereof.
IN WITNESS WHEREOF,tEie Grantor l�ave liereunto set tileie hands and seals the day and
year first above written. .
BOARb OF COUNTY COMMISSIONERS OF PITKIN CpUNTY,COLORADO
James F.Tt1ae,Chairman `
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ACCEPCANCE: �;'��` '
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Aspen/Pitkin County Housing Authocity ,+'•' ';~
51'AT£OF COLOKt1D0 ) �,`<.
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COUN'CY OF PITKIN )
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The foregoing was acknowleclged befoi�e sue tl�is�day of ,1996 '�r_
by James R Trtce, as Chaicman of the Boud of County Commissioneis of Pitkin County, �,�� _
Cotorado. '•� '
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Wimess nry hand and official seaL �
My contutissian expie�s:
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS ,%` ' ".,-y
OF PITKIN COUNTY,COLORADO
AUTHORIZING CHAIRMAN TO EXECUTE j:�`
WATER RIGHT PURCHASE AND SALE AGRG�MENT
BETWEEN TH��STATE OF ELIZABETH FT.PA�PCKE,DECEAS�D, -
THE J-V.SPACHNCR-WARREN TRUST AND CAROL SEELEN AND
TH�BOARD OF COUNTY COMMISSIONERS `
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ORDINANCE#9G�� `
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The Estate of Elizabeth H.Paepcke,Deceased,The J.V.Spachner-Warren Trust
and Carol Seelen("Sellers")are the owners and holders of certain Water Rights described
in Article I of the Water Right and Sale Agreement The Board of County Commissioners �
of Pitkin County,Colorado("purchaser")desires to purchase these water rights as an asset
for the airport. 5''
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. The Seilers have agreed to sell and convey and fhe purchaser has agreed to purchase �
a speci�ed portion of such water rights in accordance with the terms and provisions set �
farth in fhe Water Right and Saie Agreement attached hereto.
NOW THEREFORE,be it ordained by the Board of County Commissioners of �
Pitkin County,Colorado that the Board of County Commissioners dces hereby approve the
_ Water Reght and Sale Agreement attached hereto and authorizes the Chairman of the
Board of County Commissioners to execate the Water Right and Sale Agreement on behalf
of the entire Board and that funding for this purchase be appropriated from the Airport
Fund Balance. ;
F
INTRODUCED,FIRST R�AD,AND SET FOR PUBLIC HEARING ON THE lltb
DAY OF OCTOBER,1995.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON 14TH AAY OF OCTOBER,1995.
APPROVED UPON THIRD READING AND PUSLIC HEARING ON TEIE lOth
DAY O�JANUARY,1996.
PUBLISH�D AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE ZOth DAY OF JANUARY,1996.
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Ordinance#99=�'" - -
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ATTEST: BOARD OF COUNTY MMISSIONERS ���
OF PITKIN COUN ,C LORADO •
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�Deputy Clerk � (JlC2 Chairman � �
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APPROVED AS TO FORM: � ,
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John M. S��e Konchan � �
Coa omey �County Manager
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�ATER RIGHT PIIRCHASE AND SAL$ AGREEMENT -�;;; .�
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THIS AGREEMENT is made and entered into this .'.;=�day of �..r' ,
. >.l��c� -!L� 1996, by and between the Estate of Elizabeth H. .�. .
Paepcke, eceased, The J.V. Spachner-Warren Trust and Carole S. j:�'
Seelen (hereinafter collectively referred to as the "Seller"),
and the Board of County Commissioners, Pitkin County, State of _
Colorado, (hereinafter referred to as the "Purchaser").
RECITALS . r �
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Seller is the owner and holder of certain water rights ;�' • '
described in Article Z which are the subject of this Agreement. �
Seller has agreed to sell and convey and Purchaser has agreed ta
purchase such water rights in accordance with the terms and
provisions set forth in this Agreement.
NOW, THEREFORE, for good and valuahle consideration reaeived �
by each of them, the receipt and sufficiency of which are hereby
acknowledged, Se21er and Purchaser agree as follows: �;.•.�•
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ARTICLE T
' AGREEMENT OF SALE 4�
Seller hereby agrees to sell and convey, and Purchaser '
hereby agrees to purchase, all of Seller's right, title and `
interest in and to the following decreed watez Rights:
8.0 cfs of that water right evidenced by decree ta the
. Stapleton Brothers Ditch, Priority No. 269, with an
appropriation date of June 30, 1904, decreed on octaber 16,
1933, for 8.0 cfs, for irrigation purposes, from Maroon
Creek;
:
That water right evidenced by decree to the Stapleton Ditch,
Priority No. 13, appropriation date June 12, 1881, decreed ; �
on May il, 1889, for Z.0 cfs, from Owl Creek;
That water right evidenced by decree to the Stapleton Ditch,
Fi.rst Enlargement, Priorify No. 69, with an appropriation
date of June 16, 1883, decreed on May il, 2889, for 0.8 cfs,
Erom Owl Creek;
a
That water right evidenced by decree to the Bivert Ditch,
Priority No. 17, with an appropriati�n date of July 16, � •
I881, decreed May 1, 1889, for 0.5 cfs; �
That water right evidenced by decree to the Bivert Ditch, �
��,
First Enlargement, Priority Na. 36, with an appropriation
date of June 1, 1882, decreed on May 17, 1889, for 1.0 cfs, �j
from Owl Creek; ` -
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That conditional water right evidenced by decree to the �
Bivert Ditch, Second Enlargement, with an appropriation date �
of May 1, 1958, decreed on December 29, 1989, for 3.0 cfs
for irrigation purposes, from Owl Creek; . -
, .�.
That water right evidenced by decree to the Airport Ranch
Spring, with an appropriation date of May 1, 1958, decreed
on September 25, 1975, for 3.5 cfs for irrigation purposes,
from Owl Creek;
That water right evidenced by decree to the Airport Ranch >Y
Water System, with an appropriation date of May 31, 1958, , .
decreed on March, 17, 1976, for 0.033 cfs for domestic ,
purposes, from owl Creek;
and such other water rights that are appurtenant to or have
historically been used upon or in connection with the Aspen
Aizport Ranch except for those decreed to the Stapleton
Brothers Ditch in Case No. 5884 in the District Court in and
for the County of Garfield and State of Colorado.
(hereinafter called the "Water Riqhts") .
ARTICLE II
PURCIiASE PRICE
The purchase price for the Water Rights shall be a total of
eight hundred thousand dollars ($800,000) (hereinafter called the
°Purchase Pzice") .
i
At the time of execution of this Agreement, Purchaser has '
� paid to the Seller the sum of $10,000, to be held as earnest
money for the purchase. The deposits shall be held in a trust
account by Holland & Hart for disbursement in accordance with
this Agreement.
The remainder of the Purchase Price shall be payable in cash
at closing.
ARTICLE III
TITLE AND DEED
At Closing, Sellar shall convey good and marketable title to
the Water Rights to Purchaser by Special Warranty Deed except
that 1.28 cfs of the Stapleton Brothers Ditch right will be
conveyed by Bargain and Sale Deed.
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ARTICLE IV
CLOSING `
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The Closing of this transaction shall be rield within ten � -
(io) days after the execution hereof. The Closing may be held � ':
sooner if so agreed upon by the parties.
At the Closing, Purchaser shall execute and deliver to
Seller certified funds in perPormance of Purchaser's obligations
un@er this Agreement, and Seiler shall execute the deeds as
specified in Article III conveying to Purchaser 5eller�s interest *'
in the Water Rights. �
ARTICLE V
NOTICES �
Notices, consents, approval or other communications provided
for herein or given in connection herewith shall be deemed given,
made, delivered or served if made in writing and delivered
personally or sent by certified United States mail, return
receipt requested and postage prepaid, to:
Seller: Arthur B. Ferguson, Jr., Esq.
Holland & Hart
600 East Main Street
Aspen, Colorado 81611
Purchaser: John Ely, Esq.
County Attorney, Pitkin County
530 East Main Street t;
Aspen, Colorado 81611 �
Notices may be sent to such other address as either party
hereto may from time to time designate in writing and delivered
in a like manner to the other party.
ARTICLE VI
REMEDIES
Time is the essence hereof and, if any payment or condition
hereof is not made, tendered or performed by either Seller or
Purchaser as providefl herein, the non-defaultinq party may have
such remedies as provided by law includinq the right to specific
performance and damages, PROVIDED, however, that prior to Closing
the non-defaulting party may elect to terminate this Agreement
for breaches and retain the Earnest Money deposited hereunder as
liquidated damages.
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ARTICLE VII
SUCCESSORS AND ASSIGNS ' `
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There shall be no assignment of any interest under this ."��
Agreement without the prior written consent of the other party,
which consent shall not be unreasonably withheld. Upon an '
authorized assignment, all of the provisions hereof shall inure
to the benefit of and be binding upon the successors and assigns
of Seller and Purchaser.
ARTICLE VIII ?'"
WAIVER .
No delay in exercising any riqht or remedy shall constitute .
a waiver thereoE and no waiver by Seller or Purchaser of the
breach of any covenant of tt�is Agreement shall be construed as a
waiver of any preceding or sncceeding breach of the same or any
other covenant or condition of this Agreement.
ARTICLE IX
CAPTIONS
The captions of the paragraphs hereof are for convenience '
only and shall not govern or influence the interpretation hereof. �
ARTICLE X
COLORADO LAW
This Agreement shall be governed by the laws of the State of
Colorado. ,,
. ARTICLE %I
FURTHER DOCUMENTS
Seller shall execute and deliver all such documents and
perform all such acts as reasonably requested by Purchaser from
time to time at and after the Closing to carry out the matters �
contemplated by this Agreement.
ARTICLE XII
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the
parties pertaininq to the subject matter hereof. All prior and
contemporaneous agreements, representations and understandings of
the parties, oral or written, are hereby superseded and merged .
herein. No change or addition is to be made to this Agreement
except by a written aqreement executed by the parties.
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ARTICLE XIII ' `'
230 WARRANTIES REGARDING OUALITY � _,
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Neither party warrants the quality of water which may be •
transferable to Purchaser's use. �����' ,;'
ARTICLE XIV
REPRESENTATIONS
Seller represents that it has the full right, power and �
autharity to enter into this Agreement and to convey the Water :.: �.�
Rights. Seller further represents to the Purchaser that there
are no pending actions, iitigation, or cZaims which might give
rise to any court proceeding or contingent claims whiah would ` • '
adversely affect Seller's title to the Water Rights. Seller .
Eurther represents that there are no pledges, restrictions,
stipulations, agreements or judicial decrees which would
adversely affect Purchaser's use of the Water Rights for its •
decreed purpose at the headgate for which it was decreed. Seller
further represents that it has no knowledge of any part of any of �.
the water rights described for purchase and sale herein havinq
been intended to be abandoned by Seller or otherwise forfeited, ',•
or havinq been listed as abandoned, or having been lost by
adverse possession, or are subject to pending claims, �
abandonment, forfeiture, or adverse possession, and that no �i
application is pending in Water Court, Water Division No. 5 with ��
respect or pertaininq to any of these water rights except for
that certain application for a finding of reasonable diligence
that is pending with respect to the Bivert Ditch, Second
Enlarqement. Tn addition, notwithstanding any of the foregoinq
to the contrary, Seller represents that 1.28 cfs of the Stapleton
Brothers Ditch has previously been conveyed to Purchaser as a
part of Purchaser's purchase of a portion of the Aspen Airport
Ranch from Seller and further represents that the subject water
rights are the subject of those certain agreements with Purchaser
titled ��Airport Ranch - Pitkin County Water Use Agreement" �;
recorded in Book 335 at Page 442 of the Pitkin County records and t�
"Maintenance and Lease Agreement and Easement Deed" dated E'
December 15, 1988. The parties further acknowledqe that under F
such agreements, Purchaser and its agents have had the �:.
responsibility for the use, operation, maintenance and management y
of the subject water rights and Seller therefore disclaims any t..
knowledge or responsibility associated with Purchaser's exercise
of such rights or the effects thereof, if any.
S
ARTICLE XV .
COMMISSIONS � .
The parties to this Agreement agree that the Water Riqhts
are not listed for sale. Each party represents that it is not �
obligated to pay a commission in connection with the sale hereof. {
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ARTICLE XVI �
SURVIVAL OF CLOSING �. �;,
All terms and conditions of this Agreement shall survive the "�. J,,,
cZosing and shall not merqe into the deed or mortgage. �.
ARTICLE XVII
COUNTERPARTS
Y~:�i
This Agreement may be executed in counterparts and all such =::Y.�
execute@ counterparts shall togethez constitute this Agreement.
SELLER: - '
ESTATE OF ELIZABETH H. PAEPCKE,
DECEASED
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sY� '�;��,c.��„c: ' '�,r. 1.'�c�:'L.—
Paula P. Zurcher, Co-Executor tf•
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�Peter Nitze, Co-Ex utor �
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By: -
Juli Lewis, Co-Executor
STATE OF � Il�h I I'V f�iv' /�-�- )
) SS.
COUNTY OF S rTd ,h�l i= v )
The foregoing instrument was acknowledged before me this
, /�� � rt day of ,j rtN�i� (�Y , 1996, by Paula P. Zurcher as Co-
�Executor of the Estate of Elizabeth H. Paepcke, Deceased. ,
Witness my hand and official seal.
My commission expires: !"��r/,�• 9,(9�(�
�IJiBEHT�II"�t..o-__�� /��1�W��V;�'C�.:t in4^'^�.�-�`'�'i'(/�
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� THE J. V. SPACHNER-WAF:REN. TRUST • '•.••
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BY=
Carole S. Seelen, Trustee
American ational Bank & Trust �`r
Company Chicago, ustee '
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STATE OF i--�^�-'���S j �
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COUNTY OF �.o'aIL j
p The foregoing instrument was acknowledged before me thia
�uIX day of , 1995, by Carole S. Seelen es
Trustee of The J. V. Spa ner-Warren Trust.
• W3tness my hand and official seal_
My commisaion expires:
�. qBUCR.v-'� _ 6.
Notar Publ ,4
' M�pqt17�rA�j SEAI� •
� - flOTpRY PUBUC.STA E OL�M~;�
STATE OF ) MY COMMISSION EXPfRES f Siy,o�
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CQUNTY OF j
The foreqaing instrument was acknowledged before me this
day of 1995, by foz
Amer�can National Bank & Trust Company of Ch�cago as Trustee of'
The J. V.. Spachner-Warren Trust.
Witness my hand and official seal.
My commission expires: • •
Natary Public
390214 02/26/96 03s41P PG 3 OF 5 -
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THE J. V. SPACHNER-WARREN TRUST -".-;~
HY=_Cs+n� 5. 5
Carole S. Seelen, Trustee
' American National Bank & Trust 7�`
Company of Chicago, Trustee
By: .
STATE OF �I.�tL�,n r� )
} SS.
COIINTY OF � o\�\c.�t. )
The foregoit►g instrument was acknowledc}ed before me this
� ° day of �wN�an.� ' , 199� by Carole S. Seelen as •
Trustee of The J. V. Spachner-Warren Trust.
Witness my hand and official seal.
M� commission �xpires:
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,Notary P 1 c
STATE OF )
} SS.
COUNTY OF j
The Poreqoing instrument was acknowledge8 before me thfs
day of , 1995, by fvr
American National Bank & Trust Company of Chicago as Trustee of
. The J. V. Spachner-Warren Tzust.
Withess my hand and of£icial seal.
My aommission expires:
Notary Public
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Carole . Seelen, Indiv dually '`
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STATE OF ���x-i r�A ) ' •
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COUNTY OF C��`�c �� )
The foregoing instrument was acknowledged before me this
l� day of �ativar��� , 19�, by Carole 5. Seelen.
Witness my hand and official.seal. .'r
My counnission expires: - '
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