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HomeMy WebLinkAboutbocc.ord.047.2018 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO, AUTHORIZING ACCEPTANCE OF STRANAHAN DONATION OF THE EAST HALF OF TiIE ARGENTA AND YANKEE MINING CLAIMS ORDINANCE NO. C V 7 -2018 RFC ITA LS: I Pursuant to 30-35-301 C.R.S., the Board of County Commissioners ("}3000") of Home Rule Counties is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary. 2. Pursuant to Section 2.81 of the Home Rule Charter,the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statues as amended. 3. Section 2.8 1.1 of the Pitkin County Home Rule Charter provides that official action by ordinance shall be required for the "panting of easements in public lands, acquisition, vacation,sale, or purchase of any real property asset, lease in excess of one year of public lands, and authorization of proceedings in eminent domain;" 4 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, and established an Open Space and Trails Board of Trustees to guide the expenditure of those funds. 5. The Open Space and Trails Program is charged with preserving open space lands and protecting historical routes of egress to the same. 6. Acquisition of the east half of the Argenta and Yankee Mining Claims, a parcel of approximately It)acres, (the"Property")will protect scenic, wildlife,and historic values. 7. George Stranahan has agreed to donate the Property to Pitkin County. 8. 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 upon adoption. 9. On October 4, 2018, the Pitkin County Open Space and Trails Board recommended that the BOCC accept the gift of the Property. 10, The Chair or('hair's designee shall be authorized to sign the documents necessary to complete this transaction in substantially that form approved by the County Attorney 111111M 11111111.11111111101111111 111111111 1q RECEPTIONL 653888, R: $0.00, D: $0.00 Ordinance J Lf t -2018 DOC CODE: ORDINANCE 2„1::K8'02Nti20191 4318288C:10861214, 05:25x6 PM Vos Caudill, Pitkin County, CO 'no NOW THEREFORE, BE i t ORDAINED by the Board of County Commissioners of Pitkin County,Colorado that it hereby adopts an Ordinance Authorizing Acceptance of a parcel of approximately 10 acres comprised of the east half of the Argenta and Yankee Mining Claims, and authorizes the Chair or the Chair's designee to sign the Ordinance and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. Further, that the Chair or the Chair's designee shall be authorized to: 1. Execute the acceptance of the deed upon approve!of the form by the County Attorney. 2. Execute other documents as necessary to complete the transaction upon approval of the form by the County Attorney. Signatures on next page Ordinance 1/!n -2018 'ni INTRODUCED AND FIRST READ ON THE 14111DAY OF NOVEMBER, 2018 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 5T11 DAY OF DECEMBER, 2018. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORD NCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 'Pr"( DAY OF 2018. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE FICIAL PITKIN COUNTY WEBSITE ( www.pitkincounty.com ) ON THE(9,96424 DAY OF 2018. AAOPTEDAFTER FINAL READING AND PUBLIC HEARING ON THE `) DAY OF ( Ullit ,L. 2018. PUBLISHED BY TITLE AND S TORT SUMMA$Y, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE I3,fr& DAY OF 1i„24.g111.1,-z� 2018. POSTED BY TITLE AND SHORT SUMMARY ON THE OF ICTAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE/ s4- DAY 0 k alp--. 2018. ATTEST: BOARD OF COMMISSIONERS L;d By �� )L'jrl r I (IBy: om; !'a✓moi-civ.. in--. Gr Jeanette Jones Patti Clapper, Chair Deputy County Clerk r Date: /91/i APPROVED AS TO FORM: MANAGER APPROVAL J. n El '.unty •.. eym Jon Peeock, County Manager , , � D$Ie-Will, Open Space& Trails Acquisition& Special Projects, Director Ordinance 60 -2018 202 EXHIBIT A The East one-halt of the Argenta and Yankee Lode Mining Claims, U.S.M.S. No. 5998, according to the United States Patent recorded October 24, 1946 in Book 171 at Page 175 as Reception No. 94331 and as shown as Parcel 2 on the Stranahan Subdivision Exemption Plat - Upper Lenado Mining Claims recorded in Plat Book 90 at Page 88 as Reception No. 558141 in the Office of the Clerk and Recorder of Pitkin County, Colorado. SPECIAL WARRANTY DEED THIS DEED is dated this % day of 1 bEt,tc v -� 2019 and is made between GEORGE STRANAHAN("Grantor")and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ("Grantee"), whose legal address is 530 E. Main Street, Suite 302, Aspen, CO 81611 of the County of Pitkin and State of Colorado. WITNESS, that the Grantor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's successors and assigns forever,all the real property, together with any improvements thereon, located in the County of Pitkin and State of Colorado, described as follows: See Exhibit A attached hereto and by this reference incorporated herein. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the 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 the Grantee and the Grantee's successors and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant and agree that the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. [Signature Page(s) follow] IN Wi [NESS WHEREOF, the Grantor has executed this deed on the date set forth above. 4 Geor Strahahan 1 STATE'STATE' OF COLORADO ss. COEN'I Y Ol PITKIN G ox )ci 1)1/1 } � This foregoing instrument eras acknowledged bitten: Inc this 11-411 day of re"pt.e44_ _- 20I9, by George Stranahan. WITNESS my hand and official seal. My commission expires: rum/ 2 ,;GYq „ t _ - URN F MCBRAYCR Notary tihltf _ NOTARY PUBLIC-STATE OF COLORADO NOTARY 10 20074015496 MY COMMISSION EXPIRES JUL 2,2019 ACCEP FEDrand AGREED to by Grantee this_/!tl day of 6h sr- = _ 2019. / Byf _ 'oschman, Chair APPROV - 1 *TO FORM: By: i Richais ''. eilcy III. Assistant County Attorney STATE OF COLORADO ) ss COUNTY OF PITKIN This thregoing instrument was acknowledg d beje me this _/1 day of r/cx a 2 2019, by f rtb+"OStl.H.�-.t _ as ,i i [ of THF BOARD OF COUNTY `COMMISSIONERS OF TI-IF Cot.NTY OF PITKIN,a body corporate and politic and subdivision of the State of Colorado. WITNESS my hand and official seal. My commission expires: ) t .r r._�,_ e .._ NoCar,' Public JONES �. NOTARY Pi.;B,iC STATE:.F CG'_"v`FRail' EXI-1113IT A The East one-half of the Argenta and Yankee Lode Mining Claims, U.S.M.S. No. 5998, according to the United States Patent recorded October 24, 1946 in Book 171 at Page 175 as Reception No. 94331 and as shown as Parcel 2 on the Stranahan Subdivision Exemption Plat - Upper Lenado Mining Claims recorded in Plat Book 90 at Page 88 as Reception No. 551314 .1 in the Office of the Clerk and Recorder of Pitkin County, Colorado. SPECIAL WARRANTY DEED THIS DEED is dated this 7 t. day of '„Chruu-Y2019 and is made between GEORGE STRANAHAN("Grantor") and the BOARD OF Col LINTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ("Grantee"), whose legal address is 530 E. Main Street. Suite 302, Aspen, CO 81611 of the County of Pitkin and State of Colorado. WITNESS, that the Grantor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's successors and assigns forever,all the real property, together with any improvements thereon,located in the County of Pitkin and State of Colorado, described as follows: See Exhibit A attached hereto and by this reference incorporated herein. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining. the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the 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 the Grantee and the Grantee's successors and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns. does covenant and agree that the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, but not any adjoining vacated street or alley,if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof by,through or under the Grantor. [Signature Pages) follow] 111111111111111111111111111111lIII11111I1111111I1111I1Mill IIII RECEPTION#. 653889, R $0 00, 0: 50.00 DOC CODE: SPEC WD Pg 1 of 4,02/11/2019 at 03:25:17 PM Janice K. Vos Caudill, Pitkin County,CO IN WITNESS WHEREOF. the Grantor has executed this deed on the date set forth above. B): (_ ' , _._..a- --'l- G(eor e Strahan STATE OF COLORADO ) 1 ss COUNTY OF-13-1±M Car cJ4 i l 1 r' This foregoing instrument v\as acknowledged before me this %41 day of &rtteel — 2019, by George Stranahan. (� WITNESS m) hand and official seal. M) commission expires: Stay 2, ,3-61q 1 . LIYIN FMCBRAYER Notary,ublic NOTARY PUBLIC-STATE OF COLORADO NOTARY ID 20074025496 MY COMMISSION EXPIRES JUL 2,2019 ACCEPTED and AGREED to by Grantee this 1-GL day of t..t;h vvaroy„_ 2019. B}• 'oschman, Chair APPRO V 'I 10 FORM. By: t �_ Richal. ' , eiley III, Assistant County Attorney STATE OF COLORADO ss. COUNTY OF PITK!N This foregoing instrument was acknowledg d bet,}.s me this // day of ev42 2019, by r4Y.at PoseG-w+k... as Art �_ of THE BOARD OF COUNTY COMMISSIONERS OF 1HE COUNTY OF PITK IN, a body corporate and politic and subdivision of the State of Colorado. WITNESS my hand and official seal. My commission expires /.14,14r,/. 14 14t' f e r— dEANt31t,k0l4E`u • !tier Public ! -- NOTARY PUBLIC STARE OF COLCR4' G NOTAR?Z t^A'4._,,z janCOLteND14.1ESw=,"=..A 1 EXHIBIT A The East one-half of the Argenta and Yankee Lode Mining Claims, U.S.M.S. No. 5998, according to the United States Patent recorded October 24, 1946 in hook 171 at Page 175 as Reception No. 94331 and as shown as Parcel 2 on the Stranahan Subdivision Exemption Plat - Upper Lenado Mining Claims recorded in Plat Book 90 at Page 88 as Reception No. 558141 in the Office of the Clerk and Recorder of Pitkin County, Colorado.