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Home My WebLink Aboutbocc.ord.043.2019CONTRACT # 331 - M -130e f AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING ACCEPTANCE OF JUNIPER HILL DONATION PARCEL ORDINANCE NO. e'13 -2019 RECITALS: NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts an Ordinance Authorizing Acceptance of the Juniper Hill Donation Parcel 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 execute the conveyance deed upon approval of the form by the County Attorney. 1. Pursuant to 30-35-301 C.R.S., the Board of County Commissioners ("BOCC") 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, and 2. Pursuant to Section 2.81 of the Home Rule Charter, the BOCC is authorized to take 0 0 C! 0 official action by Ordinance for certain matters where action is prescribed pursuant to the 0 M z� Colorado Revised Statues as amended, and 0. 0 2.6 8 - 3. The owner of a 2.3 acre parcel, Lot 11, Block 3, Brush Creek Village, located on Juniper 44 Hill Drive (the "Property") desires to donate the same to Pitkin County, and ---- 6i W 0 vi 4. The Property is home to a high altitude wetland, and Z co X C4 c ;j 0 Q5. The Pitkin County Open Space and Trails program has adopted a Protection of Natural Z ..T- �ow Biodiversity and Management of Human Use Policy that supports the protection of rare �o a - P: 0 LO - habitats such as found on the Property regardless of size, and a. W �Wo 00 W a CL 6. The Pitkin County Open Space Board of Trustees recommends that the BOCC accept the donation of the Property, and 7. 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. 8. The Chair or Chair's designee shall be authorized to sign the documents necessary to accept the donation of the Property in substantially that form approved by the County Attorney. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts an Ordinance Authorizing Acceptance of the Juniper Hill Donation Parcel 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 execute the conveyance deed upon approval of the form by the County Attorney. INTRODUCED AND FIRST READ ON THE 6h DAY OF NOVEMBER, 2019 AND CONTINUED FOR SECOND READING AND PUBLIC HEARING ON THE 18TH DAY OF DECEMBER, 2019. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OFT E ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF ! i�6k,z)kbt,r 2019. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTETj ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincountv.com) ON THE DAY 1 OF 2019. , _L__ ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE /:/i'kDAY OF 'q'" k"-- 2019. PUBLISHED BY TITLE AND SHORT SUM�'�RY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OFIJAe4,� 2019. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.i)itkincountv.com) ON THE jq4DAY OF f",2019. ATTEST: By'� Jean to Jones DDepu y County APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS B'G Com.- `...`-..��' -- - y: ,,5�Poschrnan, Chair Date:/ V/S), f / ' MANAGER APPROVAL �hn oun-fy-Attorney Jon POackk, Coun(y Manager ale Will, Acquisition Director Open Space & Trails N 1,k,o SPECIAL WARRANTY DEED THIS DEED is dated this -5 day of 20 44, and is made between SH BRUSH CREEK LLC ("Grantor") and the /BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ("Grantee"), whose legal address is 530 E. Main Street, Suite 302, Aspen, CO 8161 1 of the County of Pitkin and State of Colorado. WITNESS, that the Grantor, as a charitable donation, 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: LOT 11, BLOCK 3, BRUSH CREEK VILLAGE, FILING 2, ACCORDING TO THE PLAT RECORDED JUNE 21, 1966 IN PLAT BOOK 3 AT PAGE 96 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 Granter, 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 except for general taxes for the current year and subsequent years, and subject to Statutory Exceptions. [Signature Page (s)fiollow] above. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth SH Brush Creek LLC,.aColorado limited liability company f B Ste ansen;lGlanager STATE OF COLORADO ) ss. COUNTY OF PITKIN ) This foregoing instrument was acknowledged before me this 3Lc day of lztika r 20_90, by Steve Hansen, Manager of SH Brush Creek LLC, a Colorado limited liabiliFy company. WITNESS my hand and official seal. My commission expires: a`r-aoao LYNNE S CORDOVA NOTARY PUBLIC Notary Public STATE OF COLORADO Y NOTARY ID # 19964010801 MY COMMISSION EXPIRES 06-24-2020 [Grantee Acceptance and Acknowledgment Follows] 2 ACCEPTED and AGREED to by Grantee this day of 20 Chair APPROVED TO FORM: STATE OF COLORADO COUNTY OF PITKIN int County Attorney ss. This foregoing instrument was acknowledg be'e me this day of-" �-- 20aG , by i�USE�,ti�c� �:. as ( I ,� � �. v of THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, a body corporate and politic and subdivision of the State of Colorado. WITNESS my hand and official seal. My commission expires: Notar}VPublic PS tonC STK, o,;tom: q� •14v� ��le:.�c'.i .F'� F .J•7li•=7�i-• �J::'� 3 CONTRACT # 53t- lq- 606f, SPECIAL WARRANTY DEED THIS DEED is dated this 9 day of 20 & and is made between SH BRUSH CREEK LLC ("Grantor") and the /BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ("Grantee"), whose legal address is 530 E. Main Street, Suite 302, Aspen, CO 8161 1 of the County of Pitkin and State of Colorado. WITNESS, that the Grantor., as a charitable donation, 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: LOT 11, BLOCK 3, BRUSH CREEK VILLAGE, FILING 2, ACCORDING TO THE PLAT RECORDED JUNE 21, 1966 IN PLAT BOOK 3 AT PAGE 96 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 Granter, 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 except for general taxes for the current year and subsequent years, and subject to Statutory Exceptions. [Signature Page(s)folloiv] 1 iliill IINI hill Iiiii Viii Iiiil illll fill ii i III iilll hili hili Ilii lilli Iill RECEPTION#: 662160, R: $0.00, D: $0.00 DOC CODE: SPEC WD Pg I of 3,01/22/2020 at 02:32:59 PM Janice K. Vas Caudill, Pitkin County, CO IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. SH Brush Creek 1,LColorado limited liability company By: 6110111! ! i tt.�,f 0 ss. COUNTY OF PITKIN This foregoing instrument was acknowledged before me this jLd day of IAV.cj ru 2090, by Steve Hansen, Manager of SH Brush Creek LLC, a Colorado limited liabili� company. WITNESS my hand and official seal. My commission expires: LYNNE S CORDOVA NOTARY PUBLIC STATE OF COLORADO Notary Publicf NOTARY tD # 19964010801 MY COMMISSION EXPIRES 06-24-2020 [Grantee Acceptance and Acknowledgment Follows] N ACCEPTED and AGREED to by Grantee this �14 day of 20. By: APPROVED TO FORM: 0-0 STATE OF COLORADO COUNTY OF PITKIN , Chair County Attorney ss. LUQ -1- - 0 This foregoing instrument was acknowled�r� be 1� day �,e me this 0 20W, by f as of THE BOARD OF COUNTY 'COMMISSIONERS OF THE COUNTY OF PITKIN, a body corporate and politic and subdivision of the State of Colorado. WITNESS my hand and official seal. My commission expires: Notar ublic JEANETTE- JONES NOTARY PUBLIC.,, STATE 3F,,,',0L0RA 3 NOTkP,y iD 11,'9040Y -006t mycowmo 3