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Home My WebLink Aboutbocc.ord.024.2012 RECEPTlON#: 592562, 09/26/2012 at 01:03:05 PM, 1 OF 5, R $8.00 Doc Code ORDiNANCE �:�NTRACT# �1 "�� Janice K.Vos Caudill, Pitkin County, CO � ,} Q ��, d�-'f'1' AN ORDINANCE OF THE BOARD OF COUNTY COP�IlVIISSIONERS OF PITHIN COUNTY,COLORADO,AUTHORIZING THE ASSIGNMENT OF THE CONTRACT TO PURCHASE THE LINDSAY PARCEL IN , PARTNERSHIP WITH THE CITY OF ASPEN ORDINANCE#�, SERIES OF 2012 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 providing 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. 2. The Open Space and Trails Program is charged with protecting open space, habitat, scenic view planes,and recreational routes on public lands. 3. The Lindsay Parcel is a 7.12-acre property on Smuggler Mountain that possesses impvrtant natural, scenic, recreational, and wildlife values, and whose protection will significantly build on the conservation efforts in Smuggler/Hunter Creek area. 4. A1 Beyer, a resident of Aspen, has a contract to purchase the Lindsay parcel for $650,000 and wishes to assign the contract to Pitkin County and the City of Aspen. 5. On August 16, 2012, the Open Space and Trails Board recommended to the BOCC the acceptance the assignment of the contract to purchase the properiy for open space purposes in partnership with the City of Aspen, and the expenditure of OST funds equal to one half the purchase price and transaction costs set forth in the assignment. 6. On September 10, 2012,the Aspen City Council accepted the assignment of the contract. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County,Colorado,that: 1. The Board approves an expenditure of $325,000 for the acquisition of the Lindsay Parcel, and up to $10,000 in related transaction expenses. 3 � ��p'- f�y- �oiz 2. Upon approval of the form by the Open Space Director and County Attorney, the Chair is authorized to execute the Assignment of Contract for the purchase of the Lindsay Parcel, and the Chair is further authorized to execute such documents as a necessary to consummate this transaction upon approval of the form thereof by the Open Space Director and County Attorney. 3. That adjustments be made to the year 2012 budget as follows: OPEN SPACE AND TRAILS FUND Previous Revised Budget This Change Proi Budget Lindsav Parcel Acquisition Expenditure 0 $335,000 $335,000 The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately. 1NTRODUCED, FIRST READ,AND SET FOR PUBLIC HEARING ON THE 12th DAY OF SEPTEMBER, 2012. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON %l3 , 2012. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COLTNTY WEBSITE (www.aspenpitkin.com) ON THE /y� DAY OF � 2012. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 26TH DAY OF SEPTEMBER, 2012. PUBLISHED BY TITLE AND SHORT SUMMARY, AF ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE��DAY OF ��O,��er 2012. TEST: BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLOR�DO � . Je ette Jones Michael M. Owsley D uty Clerk Chair Date: � �� ` �l�' 4 , � /3�� O,�oy �ay- aa��- APPROVED AS TO FORM: John Ely Jon P acock Co orney County Manager ' � �- �� __'_.b-.'� U`-' '�� Dale Will,Director Open Space and Trails Program �_��I� ��:��:a��_ �rli:�_' � �oN-rRac-r�,�,�� ASSIGNMENT 4F CONTRACT TO BUY.AND SELL REAL ESTATE(LAND) THIS ASSIGNMENT OF CONTR.ACT TO BUY AND SELL REAL ESTATE (LAND) made and entered into this ��day of $��, 2012 by and between Alan R. Beyer ("Assignor") and the City of Aspen ("City"), 130 South Galena Street, Aspen, Colorado 81611 and the County of Piticin ("County"), 530 E. Main Street, Aspen, Colorado 81611 { collectively referred to as the"Assignees"), concerns and specifies the following: � WITNESSETH: WHEREAS, on or about July 5, 2012, Assignor, as Buyer, and the Lindsay Farnily Trust, as Seller, entered into a Contract to Buy and Se11 Real Estate (Land) (hereinafter the "Contract") for the purchase and sale of the following described real property(hereinafter the"Property"): Pitkin Couniy Assessor Parcel No. 2737071Q0004, within 7 Townslup: 10 Range: 84 Lot 2 Sec 7�10-84, described by Metes and Bounds and comprised of approximately 7.33 Acres; together with the interests, easements, i7ghts, benefits, improvements and attached fixtures apput�tenant thereto, mineral rights, and all interests of Seller in vacated streets and alleys adjacent thereto (the"Property"). WHEREAS, the Contract states: "This Cont�act Shall be assignable by Buyer without Seller's prior vv��itten consent;"and WHEREAS the Assignor desires to assign the Contract to Assignees under the terms and conditions of this Assignment; and WHEREAS tk�e Assignees desire to accept this Assignment and purchase the Property on the teims of the Contract. NOW, THEREFORE, TN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows: 1. Effective upon the payment.to Assignor described in paragraph 2 below,Assignor hereby transfers and assigns to Assignees alI of the Assignor's rights and inteiests in the Contract, including all of Assignor's rights in the Earnest Money paid under the Contract, and Assignee agrees to assume all obligations of Assignor under the Contract, • 2. On or before October 1, 2012, Assignees shall pay to Assignor a total of$10,000.40 as reimbursement£or the Earnest Money paid by Assignor under the Confiract. , � Attachment _..� ��.,�...�.�.�.�.� Assignment Page 2 � 3. On or before October 1, 2012, Assignees sha11 pay to Assignor an amount to reimburse Assignor all reasonable fees, expenses and costs iricurred by Assignor, up to a maximum of $20,000, for due diligence and investigations performed by Assignor xelated to the Contract and to the Property which is the subj ect of the Contract. 4. The Property shall be purchased with Open Space funds or deeded in an appropi�ate maruier to ensure the use is limited to open space,trails and recreational purposes. 5, If both of the governing bodies of the Assignees shall fazl to approve this Assignment on or before September 27, 2012, this Assignment shall be void and unenforceable and Assignor shall have the right to purchase the Property pursuant to the Contract; provided, however,.that if one or both of the Assignees approve this Assignment and agree to assurne the Contract and be fully responsible for purchasing the Property (either individually or together with the other _ Assignee),then thzs Assignment shall remain in full force and effect. 6. The Contract shall not be fiuther assigned by either Assignee unless approved in writing by Assignor. IN WITNESS WHEREOF, the parties hereto have executed this Assignment�of Contract to Buy and Sell Real Estate(Land) as of the day and year above first wa.7tten. . ASSIGNOR: Alan R. Beyer Alan R.Beyer ASSIGNEES: � THE CITY OF ASPEN: THE COUNTY OF PITKiN c �j� By '�� 9 R'/3 �•� By ��VV� �. � caNT�►c-r# � =� , � ASSIGNMENT OF CONTRACT TO BUY AND SELL REAL ESTATE(LAND) . THIS ASSTGNMENT OF CONTRA.CT TO BUY AND SELL REAL ESTATE (LAND) made and entered into this _ /�'�'Nday of�i ,� , 2012 by and between Alan R. Beyer ("Assignor") and the City of Aspen ("City"), 130 South Galena Street, Aspen, Colorado 81611 and the County of Pitkin ("County"), 530 E. Main Street, Aspen, Colorado $1611 ( collectively referred to as the"Assignees"), concerns and specifies the following: - WITNESSETH: WHEREAS, on or abaut July 5, 2012,Assignor, as Buyer, and the Lindsay Family Trust, as Seller, entered into a Contract to Buy and Sell Real Estate (Land) (herainafter the "Contract") £or the purchase and sale of the following described real property(hereinafter the"Property"): Pitkin County Assessor Parcel No. 273707100004, within 7 Townslup: 10 Range: 84 Lot 2 Sec 7�10-84, described by Metes and Bounds and comprised of approximately 7.33 Acres; together with the interests, easements, rights, benefits, improvements and attached fixhues appui�tenant thereto, minerai rights, and all interests of Seller in vacated streets and alleys adjacent thereto (the"Property"). W�REAS, the Contract states: "This Cont�act Sha11 be assignable by Buyer without Seller's prior wi�itten consent;"and - WHEREAS the Assignor desires to assign the Contract to Assignees under the terrns and conditions of this Assignment; and WHEREAS the Assignees desire to accept this Assignment and purchase the Property on the terms of the Contract. NOW, THEREFORE, IN CONSTDERATION of the mutual covenants confiained herein, the parties agree as follows: 1. Effective upon the payment.to Assignor described in paragraph 2 below,Assignor hereby transfers and assigns to Assignees all of the Assignor's rights and inteiests in the Contract, including all of Assignor's rights in the Eainest Money paid under the Contract, and Assignee agrees to assume aIl obligations of Assignor under the Contract. • 2. 4n or before October 1, 2012, Assignees shall pay to Assignor a total of$10,000.00 as reimbursement for the Earnest Money paid by Assignor under the Contract. f RECEPTION#: 592563, 09/26/2092 at 01:03:Q6 PM, 1 OF 2, R $0.00 Doc Code ASSIGNMENT Janice K.Vos CaudiN, Pitkin County, CO Attachment � Assignment Page 2 3. On or before October 1, 2012, Assignees shall pay to Assignor an amount to reirnburse Assignor a11 reasonable fees, expenses and costs iricurred by Assignor, up to a maximum of $20,000, for due diligence and investigations pei�formed by Assignor related to the Cont�act and to the Property which is the subject of the Contract. 4. The Property sha11 be purchased with Open Space funds or deeded in an appropi7ate manner to ensure the use is limited to open space, trails and recreational purposes. 5. �If both of th.e governing bodies of the Assignees shall fail to approve this Assignment on or before September 27, 2012, this Assignment shall be void and unenforceable and Assignor shall have the right to purchase the Property pursuant to the Contract; provided, however, that if one or both of the Assignees approve this Assignment and agrea to assume the Contract and be fulty respansible for purchasing the Property (either individually ox together with the other _ Assignee),then this Assignment shall remain in full force and effect. 6. The Cont�act shall not be fiuther assigned by either Assignee unless approved in writing by Assignor. IN WITNESS WHEREOF, the parties hereto have executed. this Assignment�of Conhact to Buy and Sell Real Estate(Land) as of the day and year above first written. . ASSIGNOR: Alan R. Beyer Alan R. Beyer ASSIGNEES: � • THE CITY OF ASPEN: THE COUNTY OF PITKIN � ..�r- `�� , , By: '� � 9 2-/3�� By, � '��t�(/ � .___ � � �%Zf9fK.¢lR E� ; C� y_/�. II I I aH l81 i�111111lI�I 1�IN STATEMENT OF AU'I�iORiTY (§38-30-172,C.12.S.) 1. 'Ihis Statemern of Authority relates to an e�ity`named THE.WALTER J.3ARAU 1998 SEPARATS PROPERTY TRUST,AKA WALTER J.SAR�D 1998 SEPARATE PROPERTY REVOCASLE TRUST,A/K/A TI�WAGTER J SARAD,TTE,SEl'ARATE PROPEKT'Y'TRUST,DATED FEBRUARY 9,1998 2. The e of entity is a: Corporation Registered Limioed Liability Paimership Nonprofit Corporation Registered Limited Liability Limited Partnership Limited Liability Company Limited Parmership Associ2tion General Partnership Governmern ar Govemmental Subdivision or Agency i,imited Pamiership X Tcust 3. The entity is fomned under the laws of OREGON 4, The mailing address for rhe eMity is PO BbX 1�3,BANDON,OR 97411 5. 'IUe �C aame X position of each pe�son authorized to exerute insrivmerns conveying,encumbering ar otherwise affecdng ritle to reai property on behalf of t�e entity is SHARON L,LIIWSAY,3UCCESSOR TRUSTEE Ei. 3he authority of the foregoing person(s)to bind the entity: X is2�t limixed is limited as foIIows: 7, Other matters concerrrin�the manner in which the entity deals with interests in real properry: �3. '1'his Statemern of A udiority is executed on behalf of the e[taty pursuant to t6e pravisions of§38-30-172,C.R S 3 9. T'his St�temern of Authority amends and supeisedes in all respects any and all prior dated Staternents of Autharity executed oc� behalf of the ernity. Executed ttvs�O� day of �]�,,o._ d� An (�,�')'�) j � �.� ! 3I� N L.LIIV'D3AY,SUCCESSOR TRUS RECEPTION#: 592784, 10/02/2012 at , 03:35:28 PM, ' 1 oF 2, R $16.00 DF $0.00 Doc Code AUTH Janice K.Vos Caudill, Pitkin County, CO 1 T[tig form shauId not be vsed anless the entity is capable af hoIdSng tide to real praperry. 2 The absence af any limitaaon shall be piima fade evldence that no such limiisaon exists. �'Ifie statement of authority mnst be recorded to obtain the benefits of rhe statute. � �� Fotm 13759 03/2005 so�.odt Q62004720 {15074751} pg 1 of 2 `"N""�"'"""� � 5tate of ) }ss Caunty of ��U� ) The foregving instrumern was aclmowledged before me this �� day of ��°�' by SHARON L.I.INDSAY AS SUCCESSOR TRUSTEE OF'THE WALTER J.SARAD 1998 SEPARATE PROPERTY TRUST,A/K/A WALTER J.SARAD 1998 SEPARATE PROPERTY REVOCABLE TRUST,AJIGA Ti�WALTER 3.S,ARAD, TT�,SEPARATE P�LOPERTY TRUST,DATED FEBRUARY 9,1998 Witness my hand and affieiai seal. My rnmmission expires: /d l� �, v�_T___4I 2 Natary Public WHENRECORDEDRETURNTO: GFFIG!.'�L SEAL JQC.JAGRII+PtTHMCVEY,esQ lC�T'�i�.�ti=� �IIILLER 126o0W.COLFAXA'VEyGlloo � �C"?'?�' �'- ��LIC-OREGON LnicEWOOn,COaazis CnMMi:��:�:..�J N0, 432396 �. MY COMM�SSION L-XFIRES NOVEMBER 7,2012 Fd�n 13759 032005 soaodt Q620Q472U {15074751} pg 2 of 2 � ii��M�i�iii�i��i�uiiii��iii � sTaz��zvr oF AvTxoRrrx (§ss.sa-��z,c.x.s.a i, 'Ihis Statement of Anthority relates to an ernityl named THE LINDSAY FANQLY TRUST,DATED APRIL 17,2Q99 2. The of entity is a: Corporarion Registered Lirnited Liability Parmentvp Nanprofit Corporation Registered Limited Liability Limited Parmership I.imited Liability Company Limited Partnership Assoc�ation General.Paronershi.p Governmern or Govemmernal Subdivision or Agency Limited Partnershi.p X Tnist 3. The entity is fanned under the laws of OREGOI�T 4. 'Ihe mailing address for the entity is PO BOX 1893,B�ANDON,Oit 97411 S, The X name X position of each person aud�orized to execute�n�+�+�mPrns rnm�eying,encumbering or otherwise affecring rifle to real property on behalf of the entity is SHARON L..LINDSAY,TLtUST'EE AND DUANE B.L,INDSAY,TRUSTEE 6. The authority of the foregoing person(s)to bind the entity: R isa not limited _ is limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property: 8. This Statemern of Authority is executed on behalf of the eutity p�uxuant to the provisions of§38-30-172,GRS' 9. This Statement of Authority amends and supersedes in ail respects any and all prior dated Statements of Authority executed on behalf of the entity. ��a� Z g�_a�y of .S�.,�f 2d�L �.��2�-s��/h.��o�_ �ON L.LINDSAY, USTEE DUANE B.I.INDSAY,TRUSTEE RECEPTION#:592785, 10/02/2012 at 03:35:29 PM, 1 OF 2, R $16.00 DF $0.00 Doc Code AUTH Janice K.Vos Caudili, Pitkin County, CO I This form should nat be used unless the emity fs capable of halding tide ta real propercy. �The absence of any limitation shall be pdma facie evldence that no svch limiration exists. �The statement of authority must be recorded to obtain the benefits of the statute. � �� Form 13759 03/2005 soa.odt Q62004720 i15074751} pg 1 of 2 `""'"""`"""""' . .� � State of ) /� � County of C��J 6 S ) The foregoing u�suv�rnent was�Imowledged before me this �� day of ��°� by SHARON L LINDSAY ANll DUANE B.L.II�TDSAY AS TRU$TEES OF TFIL LINll31�Y FAIVIIL.Y TRU3T,DATED APRII. i7,2009 Wimess my hand and offici/V�'i,� � O?�)� My rnmmission eJCpires: � Natary Pubiic Of FICIAL SEAL wxErv xECORn��zvxri�ro: .nrt.rn cx�rrH �w,�,�f-!l�E°�tb iVi I L L E R THELII�DSAYFMAI[.YTRUS'T :' Nf�TAt's`f ;=i_�gLi';,-OREGON 1Z600 W COLFAX AVENUE,C-d00 LAKEWOOD,G060216 _ COINNIIS51i:;h! fy0. 432396 � MYCOMMiSSIGP+'t'(+'!RE;,NOVEMBER 7,2012 Form 13759 a3/2005 soa.odt Q6200472U {150947Si} pg 2 of 2 /� i�i �ii�i i�i i i�i��i i iiii i� ii iii � REAL PROPERTY TRANSFER DECLARATION- (TD-1000) � GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essenria�information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14102(4),Colorado Revised Statutes(C.R.S.). • Requirements: Ali conveyance documeIIts(deeds)subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor(seller)or grantee(buyer). Refer to 39-14102(1)(a),C.R.S. Penalty for Noncompliance: Whenever a Real Pmperty Transfer Declaration does not acrnmpany the deed,the clerk and rernrder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed, If the complered Real Property Transfer Declaration is not retumed to the county assessor within the 30 days of norice,the assessor may � ' impose a penalty of$25.00 or.025%(.00025)of the sales price,whichever is greater. This penalty may be imposed for any subsequent ( year that the buyer fails to submit the declaradon unril the properry is sold. Refer to 39-14-102(1)(b),C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However,it is only available to the seller if the seller filed the declaration.Information derived from the Real Property Transfer Declararion is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. 39-5- 121.5;C.RS.and 39-13-102(5)(c),C.RS. 1. Address and/or legal description of the real property sold;Please do not use P.O.Box numbers ASPEN CO 81611 2. T e of Property purchased: �Sin e Family Residenrial �Townhome Condominium �Multi-Unit Res. �Commercial �Industrial �Agricultural �Mixed Use X Vacant Land �Other � 3. Date of Closing: October Ol,2012 Date of Contract if different than date of closing: July 05,2012 4. Total sale price:Including all real and personal property. $650,000.00 5, Was any personal property included in the transaction? Personal property would include,but not limited to,carpeting,draperies,frne standing appliances,equipment,inventory,furniture. If the personal property is not listed,the entire purchase price will be assumed to be for the real property as per 39-13-102,C.R.S. � �Yes 0 No If yes,approximate value$ Describe: I 6. Did the total sales price include a trade or exchange of additional real or personal property? If yes,give the approximate value of the �oods or services as of the date of closing. Yes �No If yes,value$ If yes,does this transaction involve a trade under TRS Code Section 1031? �Yes �X No � 7. Was 100%inrerest in the real properry pvrchased? Mark"no"if only a partial interest is being purchased. �X Yes �No If no,interest purchased: °/a g, Is this a transacrion among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same famil business affiliates,or affiliated corporations. ❑Yes �X No 9. Check any of the following that ply to the condidon of the improvements at the time of purchase: ( �New �Excellent �Gaod �Average �Fair �Poor �Salvage If the property is financed,please complete the following: 10. Total amount financed: N/A 11. T e of financing:(Check all that apply) �New �Assumed ❑Seller ❑Third Party �Combination;Explain Form 13199 06/2008 rpt.odt Q62004720 {15073845} pg 1 of 2 / � 12. Tetms; 8 Variable;Starting interest rate % _ �— - Fixed;InteresL rate % Length of time ears .___ Balloon Paymern Yes No If yes,amount Due Date 13. Please explain any special terms,seller concessions,or financing and any other informarion that would help the assessor understand the terms of sale. For properties�than residential(Residenrial is defined as: single family detached,townhomes,apartments,and condominiums) please complete quesrions 14-16 if applicable. Otherwise,skip to#17 to complete. 14. Did the purchase price include a franchise or license fee? �Yes []No If yes,franchise or license fee value? 15, Did the purchase price involve an installment land contract? ❑Yes ❑No i If yes,date of con�acr, 16, If this was a vacant land saie,was an on-site inspection of the groperty conducted by the buyer prior to the closing? ❑Yes ❑No Remarks:Please include any addirional informarion concerning the sale you may feel is important. 17, Signed on this day of October Ol,2012 Have at least one of the parties to the transaction sign the document,and include an address and a daytime phone number. Signature of Grantee(Buyer) OX or Grantor(Seller) � BOARD OF C�UNTY COMMISSIONE1iS OF PITKIN COUNTX ( \ �� .O � Y, ON THE C OF ASPEN (� STEP H.BARWICK,CTTX MANAGER 18. All future correspondence(tax bills,property valuations,etc.)regarding this property should he mailed to: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY AND 'I�IE CITY OF ASPEN I 530 E MAIN STREET,3RD FLOOR ASPEN,CO 81611 Phane: Form 13199 06/2008 rpt.odt Q62004720 {15073845} pg Z of 2 i J 1 / SPECIAL WARRANTY DEED TffiS DEED,made this�� day of�201Z between the Lindsay Family Trust,Dated April 17,2009 grantor,and the Board of County Commissioners of Fitkir►County,Colorado and the City of Aspen whose legal addresses are:S30 E.Main Street,3�Floor,Aspen,CO 81b11 an 130 S.Galena 3ireet,Aspen,CO 81611 State of Colorado,grantees, WITNESSETT3,That the grantor,for and in consideration of the sum of: ($650,000.00)***Six Handred Fifty Thousand and 00/10(J DOLLARS, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,has granted, bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey,and confirm,unto the grantees, their heirs and assigns forever,all the real properly,together with all improvements,if any,situate,lying and being in the Counly of Pitkin and State of Coiorado,desctibed as follows: See Attached"Exhibit"A" also known by street and number as: n/a TUGETHER 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 ther�f;and all the estate,right,title,interest,claim and demand whatscever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereflitaments and appurtenances; TO HAVE AND TO HOLD the said premises above bazgain�and descrlbed with the appurtenances,unto the grantees,their heirs and assigns forever. The grantor,for itself,its heirs and personal representative�s or successors,dces covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees,their heirs and assigns,against all and every person or persons claiming the whoie or any part thereo�by,through or undcr the grantor. W WITNESS WHEREOF,The grantor has executed this deed on the date set forth abave, Lindssy Family Trast,Dxted ApN 17,2009 � � C/�� Shaion L.Lindsay,Trustee < RECEPTION#:592785, 10/02/2042 at 03:35:30 PM, ' Duane B.Lindsay,Trustee 1 OF 3, R $21.00 DF $0.00 DoC Code I SPEC WD � Janice K.Vos Caudill, Pitkin County, CO � � � L� Notarial acknowlectgment next page � � N sP�cr�,w�xnxTY n�n x�c com►n;�;�a.�p,��. � Computetized I.e�l Forms,Inc.P.O.Box 370424 Denver CO 802�7 (303)779-037b�1995 All rights reserved. �y State of��ZQ� ) )� County of 6 S ) The foregoing was acknowledged before me this'��day of se P�,2012 by:Sharon L.Lindsay and Duane B.Lindsay as Trustees of the Lindsay Family Trust,Dated ApriI 17,2009,grantars. My cornmission expires: NO tJ '�: o�o l c� f Witness my hand and official seal. ��j� T'_:�, : C'="��",iAL SEAL �.��F�`�.�:�f� 11r91LLER Notary Public ;' NO�.A�'�l' P,!'`LIG-OREGON COMN�iSS'OiJ �l0.432396 � MY CO�dM�SSICN E;�PiRES NOVEMBER 7,2012 � Y COMNIISSIONERS OF PTfKIN C�UNTY,COIARADO AND THE CTTY OF ASPEN SP��Y�E� Not Commissioned Approved. Computer+zsd Lega!Forms,Inc.P•O.Box 3'70424 Denver CO 80237 (303)779-0396 A 1995 All rigt�ts reserved. �� Exhibit A A PARCEL OF LAND SITUATED IN SECTION 7,TOWNSHIP 10 SOUTH,RANGE 84 WEST OF TI�SIXT'H PRINCIPAL MERIDIAN AND ALSO KNOWN AS GOVERNMENT LOT 2 AS SHOWN ON TEIE DEPENDENT RESURVEY PLAT FILED MAY 30, 1980 IN THE COLORADO STATE OFFICE AND MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A BLM BRASS CAP BEING TI�NORTHWEST CORNER OF SAID LOT 2; THENCE N 86 DEGREES 59'00"E 92.99 FEET; THENCE S 00 DEGREES Ol'00"W 939,51 FEET TO A BLM BRASS CAP BEING THE S.W.CORNER OF TRE PARK TRUST HUNTER CREEK PARCEL; THENCE N 89 DEGREES 49'00"E 628.84 FEET; THENCE S 43 DEGREES 51'30"W 613,10 FEET ALONG LINE 9-10 M.S.5304 LITTLE MAUD MINING CLAIM; THENCE N 89 DEGREES 42'39"W 295.71 FEET TO A GRANIT'E STONE BEING CORNER NO.9 M.S.15047 BROWN PLACER; THENCE N 00 DEGREES 02'18"W 1326.33 FEET ALONG LINE 9-8 OF SAID BROWN PLACER TO A GRAATITE STONE BEING CORNER NO.8 M.S.15047; 'THENCE N 00 DEGREES 02'18"E 46.86 FEET TO T'HE POINT OF BEGINMNG. COUNTY OF PITKIN,STAT'E OF COLORAAO. Form 13426 07/2008 exhibit.a.odt Q62004720 {15101419} ��