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Home My WebLink Aboutbocc.ord.034.2015 RECEPTION#: 626274, 01/12/2016 at 02:31:21 PM, 1 OF 7, R $0.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING ACQUISITION OF THE DOTTIE FOX OVERLOOK PROPERTY ORDINANCE NO. 03 y -2015 1. The Voters of Pitkin County and the Pitkin County Commissioners established an Open Space and Trails program for the purposes of preserving and providing open space and trails resources in Pitkin County, and specifically to ensure access to public lands. 2. The Open Space and Trails Program is charged with protecting agriculture, open space, habitat, scenic view planes,water rights and river access. 3. The Dottie Fox Property(the"Property") owned by Colkamkel LLC and legally described as attached in Exhibit A possess's scenic, natural, and wildlife, resources. 4. On November 5, 2015, the Pitkin County Open Space and Trails Board recommended that the BOCC approve the donation of this parcel and this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that: 1. Upon approval of the form by the Open Space Director and County Attorney, the Chair is authorized to execute other documents needed to consummate this transaction. INTRODUCED, FIRST READ ON THE 4TH DAY OF NOVMBER, 2015, AND SET FOR PUBLIC HEARING ON THE 18TH DAY OF NOVEMBER, 2015. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMA Y OF THEA ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON WI/4e, 2015. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE OFFICIAL ITKIN COUNTY WEBSITE (www.pitkincountv.com )ON THE DAY OF J/17i-eyrk,f-'K 2015. ADOPTED AFTER SINAL READING AND PUBLIC HEARING ON THE / DAY OFi..r t c,/24r 2015. PUBLISHED BY TITLE AND SHORTS MMARY, TER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 4! DAY OF JQI/ .e✓ 2015. POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THEA , OFFICIA PITKIN COUNTY WEBSITE ( www.pitkincounty.com ) ON THE.1-0 "- DAY OF 4Uu 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS By i / tA _ , m) By: 5- rid) Jeane (Jones Steven F. Child,d, Chair Depu il,County Clerk; Date: 1/f(R/2o (c---- APPROVED AS TO FORM: MANAGER APPROVAL John Ely, o my o Jon ' .cock ounty Manager j / r.'e Will, Director Open Space and Trails EXHIBIT A A 1.34 parcel of land being a portion of the land described in the Administrative Decision recorded on 08/11/2015, under reception number 622291 in the records of the Clerk and Recorder, Pitkin County, Colorado, whose legal description shall be inserted prior to recording of this Ordinance. Ordinance -101c ...................................__. SPECIAL WARRANTY DEED THIS DEED, made this I L day of CLA, c cz Y15120 between COLKAMKEL, LLC, a Colorado limited liability company, whose address is 1601 Watson Divide Road, Snowmass, Colorado, 81654, as Grantor, and The BOARD OF COUNTY COIvn'usSIONERS OF PITKIN COUNTY,COLORADO, whose legal address is 530 East Main Street, Aspen Colorado 81611, as Grantee. Grantor, for and in consideration of the sum of Ten Dollars, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents do grant,bargain, sell, convey and confirm, unto Grantee,and Grantee's successors and assigns forever,all the real property,together with all improvements, if any, situate, lying and being in the County of Pitkin, State of Colorado, described as follows: SEE EXHIBIT A TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and C.— remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto Grantee,and Grantee's, successors and assigns forever. Grantor,for Grantor and Grantor's, successors and assigns, does covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, and Grantee's successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor, subject to those matters as set forth on Exhibit B. {00139306.DOC/1}12478943.2 BUS RE15813429.1 IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed on the date set forth above. COLKAMKEL, #, a Colorado limi • . .ili ompany By:Colorado/ rhri 1pher Deveny,Manager STATE OF /L ) ) ss. COUNTY OF Coo( ) M The foregoing instrument was acknowledged before me this7" day of ,Tiitiumu9, cLJ(„ , by Christopher Deveny, as Manager of COLKAMKEL, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: 3////// . 1)44 OFFICIAL SEAL GLADYS GARDNER-MOTT N»T3'Public NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:03/11/17 {00139306.DOC/1}124789432 BUS_RE/5813429.1 EXFIIBIT A A TRACT OF LAND SITUATED IN SECTION 2,TOWNSHIP 9 SOUTH,RANGE 86 WEST OF THE 6TH PM,PITKIN COUNTY, STATE OF COLORADO,SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 2,A GLO BRASS CAP IN PLACE,THENCE S 12°40'40"W A DISTANCE OF 709.53 FEET TO THE POINT OF BEGINNING; THENCE 500°0025"E A DISTANCE OF 78.14 FEET;THENCE S87°26'23"W A DISTANCE OF 80.45 FEET;THENCE 144.67 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 90.16 FEET AND A CENTRAL ANGLE OF 91°56'11"(CHORD BEARS: S41°28'18"W A DISTANCE OF 129.64 FEET);THENCE SO4°29'47"E A DISTANCE OF 106.53 FEET;THENCE 65.44 FEET ALONG THE ARC OF CURVE TO THE LEFT HAVING A RADIUS OF 230.60 FEET AND A CENTRAL ANGLE OF 16°15'34"(CHORD BEARS: S12°3734"E A DISTANCE OF 65.22 FEET);THENCE S20°45'24"E A DISTANCE OF 29.17 FEET;THENCE 73.78 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 28.25 FEET AND A CENTRAL ANGLE OF 149°38'18"(CHORD BEARS: S54°03'45"W A DISTANCE OF 54.53 FEET);THENCE N51°07'35"W A DISTANCE OF 4923 FEET;THENCE 61.12 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 115.54 FEET AND A CENTRAL ANGLE OF 30°18'33" (CHORD BEARS:N35°58'19"W A DISTANCE OF 60.41 FEET);THENCE N09°34'25"W A DISTANCE OF 210.91 FEET;THENCE N01°39'08"W A DISTANCE OF 121.71 FEET;THENCE S89°43'08"E A DISTANCE OF 289.82 FEET TO THE POINT OF BEGINNING_ Also known as: LOT 2,DO 11Th FOX OVERLOOK SUBDIVISION EXEMPTION PLAT,according to the Plat recorded in Book 112 at Page 85. {00139306.DOC I 1}12478943.2 BUS RE/5813429.1 EXHIBIT"B" 1. Taxes for the year 2016, and subsequent years not yet due or payable. 2. 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 Patent recorded March 28, 1896 in Book 55 at Page 483. 3. Terms,conditions, provisions and obligations as set forth in Determination recorded September 26,2002 as Reception No.472700 4. Easements, rights of way and all matters as disclosed on 1041 Hazard Review Plat of subject property recorded November 13,2002 in Plat Book 63 at Page 25. 5. Terms,conditions, provisions and obligations as set forth in Well Sharing Agreement recorded June 3,2004 as Reception No.498341 6. Easement and right of way as set forth in Ditch/Pipeline Easement Agreement recorded June 3,2004 as Reception No.498342. 7. Terms, conditions, provisions and obligations as set forth in Determination recorded July 1, 2004 as Reception No. 499313 8. Terms, conditions, provisions and obligations as set forth in Administrative Determination of the Community Development Director of Pitkin County,Colorado,granting approval for the Hedges Site Plan recorded December 13,2007 as Reception No.544871 and re-recorded December 28,2007 as Reception No.545316. 9. Easements, rights of way and all matters as disclosed on Site Plan Map of subject property recorded February 27, 2008 in Plat Book 86 at Page 65 and First Amended recorded July 1,2008 in Plat Book 87 at Page 67. 10.Terms, conditions, provisions and obligations as set forth in Deed Restriction Agreement recorded April 1,2008 as Reception No. 547998 11. Terms,conditions, provisions,obligations and all matters as set forth in Administrative Decision of the the Community Development Director recorded May 13,2008 as Reception No.549110 as Administrative Decision No.37-2008. 12.Terms,conditions, provisions, obligations and all matters as set forth in Resolution of the the Board of County Commissioners recorded June 15, 2009 as Reception No. 559963 as Resolution No. 036-2009. 13. Easements and right of way for road cut as disclosed on Improvement Survey prepared by Aspen survey Engineers, Inc.dated 04/12/as Job 32031A (60'right of way as set forth in Deed recorded June 1, 1979 in Book 369 at Page 905 and Grant of Easement recorded July 19, 1984 in Book 470 at Page 126). 14.Terms, conditions, provisions, obligations and all matters as set forth in Administrative Decision of the Community Development Director of Pitkin County, Colorado recorded August 11,2015 as Reception No.629991 as Administrative Decision No.51-2015. 15.Terms,conditions, provisions, obligations and all matters as set forth in Determination of the Community Development Director of Pitkin County, Colorado recorded October 22,2015 as Reception No.624320 as Determination No.71-2015. 16. Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 6,2015 in Plat Book 112 at Page 85. NOTE:Scrivener's Error Affidavit was recorded December 14, 2015 as Reception No.625576 to correct a typographical error in the legal description.. 17.Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No.034, Series of 2015 by Board of County Commissioners of Pitkin County,Colorado recorded /l�/«as Reception No.