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HomeMy WebLinkAboutbocc.con.261.20 - BOCC RECEPTION#: 673556, R: $0.00, D: $0.00, 02/1612021 at 10:38:38 AM, Pgs 1 of 6,Janice K.Vos Caudill, Pitkin County, CO Gunnison County Contract No. 261.2020 - Recording(Attached) BOCC (Attached) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,AUTHORIZING ACCEPTANCE OF THE MORTON MINING CLAIMS DONATION ORDINANCE NO. 042 -2020 RECITALS WHEREAS, Pursuant to 30-35-301 C.R.S.,the Board of County Commissioners ("BOCC") of Pitkin County, Colorado a Home Rule County 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 WHEREAS, Pursuant to Section 2.8.1 of the Home Rule Charter("HRC"), the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statutes as amended, and WHEREAS, 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, and WHEREAS, The Open Space and Trails Program is charged with preserving open space lands, and WHEREAS,The approximately 20 acre Morton Mining Claims lie above the Crystal Townsite along the Lead King Loop Road and possesses habitat,scenic values and recreational values,and the owner would like to donate the property to our Open Space Program, and WHEREAS, the Pitkin County Open Space and Trails Board unanimously recommends this acquisition, and WHEREAS, 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, and WHEREAS, The BOCC finds that adoption of this ordinance is in the best interest of the citizens of Pitkin County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts an Ordinance Authorizing the Acceptance of the Morton Mining Claims Donation 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. RECEPTION#: 673556, 02/16/2021 at 10:38:38 AM, Pgs 2 of 6,Janice K.Vos Caudill, Pitkin County, CO INTRODUCED AND FIRST READ ON THE 14th DAY OF OCTOBER, 2020 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 28T DAY OF OCTOBER 2020. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 15th DAY OF OCTOBER , 2020. Web Posting Only NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com)ON THE 15th DAY OF OCTOBER 2020. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 28th DAY OF OCTOBER 2020. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 5th DAY OF NOVEMBER , 2020. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com )ON THE_29th DAY OF OCTOBER , 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS F. By ,}bint.S By: Sever GGLU. Jeanette Jones Steven F. Child, Chair Deputy County Clerk Nov-03-2020 Date: APPROVED AS TO FORM: MANAGER APPROVAL Qr Ptli S emu, John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager RECEPTION#: 673556,0211612021 at 10:38:38 AM, Pgs 3 of 6,Janice K.Vos Caudill, Pitkin County, CO Exhibit SPECIAL WARRANTY DEED THIS DEED is dated this _ID day of Fir6A'A.iy 2021 and is made between JUDITH ANN MORTON ("Grantor")and the BOARD OF COUNTY COMMISSIONERS OF P!TKIN COUNTY,COLORADO("Grantee"), whose legal address is 530 E. Main Street, Suite 302, Aspen, CO 8161 I 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,ail 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 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. [Signature Page(s) follow] RECEPTION#: 673556,0211612021 at 10:38:38 AM, Pgs 4 of 6,Janice K.Vos Caudill, Pitkin County, CO IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. By: let ( Judith Ann Morton STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) 4 This foregoing instrument was acknowledged before me this Gi day of cki-- 2021, by Judith Ann Morton. WITNESS my hand and official seal. My commission expires: yy k CO 6,„,`, Notary Public -- 5 + Ioaa RECEPTION#: 673556,0211612021 at 10:38:38 AM, Pgs 5 of 6,Janice K.Vos Caudill, Pitkin County, CO Exhibit A (property description) F.G. Richardson Load Mining Claim, U.S. Mineral Survey No. 5710A, and Lead King, U.S. Mineral Survey No. 11587A RECEPTION#: 673556,0211612021 at 10:38:38 AM, Pgs 6 of 6,Janice K.Vos Caudill, Pitkin County, CO ACCEPTED and AGREED to by Grantee this it day of F6?5 t v rgy 202I. By: � a.¢ Kelly cNicholas Kury,Chair APPROVED TO FORM: By: PWIrt Richard Y. Neiley III, Assistant County Attorney STATE OF COI.ORADO ) ) ss. COUNTY OF PITKIN ) This foregoing instrument was acknowledged before me this /0 fh day of Feb Cy 2021, by k-eI1y Ndcjv'ioncku„s �c' as hck.;{' 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: /L 30 �;4�'�'LI Notary Public JULIA ELY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204045291 MY COMMISSION EXPIRES December 30.2024 RECEPTION#: 673625, R: $0.00, D: $0.00, 0211612021 at 02:03:15 PM, Pgs 1 of 4,Janice K.Vos Caudill, Pitkin County, CO Contract No. 261.2020 - BOCC SPECIAL WARRANTY DEED THIS DEED is dated this _ID day of Fir6A'A.iy 2021 and is made between JUDITH ANN MORTON ("Grantor")and the BOARD OF COUNTY COMMISSIONERS OF P!TKIN COUNTY,COLORADO("Grantee"), whose legal address is 530 E. Main Street, Suite 302, Aspen, CO 8161 I 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,ail 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 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. [Signature Page(s) follow] RECEPTION#: 673625,0211612021 at 02:03:15 PM, Pgs 2 of 4,Janice K.Vos Caudill, Pitkin County, CO IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. By: let ( Judith Ann Morton STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) 4 This foregoing instrument was acknowledged before me this Gi day of cki-- 2021, by Judith Ann Morton. WITNESS my hand and official seal. My commission expires: yy k CO 6,„,`, Notary Public -- 5 + Ioaa RECEPTION#: 673625,0211612021 at 02:03:15 PM, Pgs 3 of 4,Janice K.Vos Caudill, Pitkin County, CO Exhibit A (property description) F.G. Richardson Load Mining Claim, U.S. Mineral Survey No. 5710A, and Lead King, U.S. Mineral Survey No. 11587A RECEPTION#: 673625,0211612021 at 02:03:15 PM, Pgs 4 of 4,Janice K.Vos Caudill, Pitkin County, CO ACCEPTED and AGREED to by Grantee this it day of F6?5 t v rgy 202I. By: � a.¢ Kelly cNicholas Kury,Chair APPROVED TO FORM: By: PWIrt Richard Y. Neiley III, Assistant County Attorney STATE OF COI.ORADO ) ) ss. COUNTY OF PITKIN ) This foregoing instrument was acknowledged before me this /0 fh day of Feb Cy 2021, by k-eI1y Ndcjv'ioncku„s �c' as hck.;{' 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: /L 30 �;4�'�'LI Notary Public JULIA ELY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204045291 MY COMMISSION EXPIRES December 30.2024 _VI..I I IVIl1l.I I YVVVI It.q.v.VV, YLI I SO/LVLI Y• IY.VV.YV I"11t1, I yJ I VI Y,VY111Y•.IS. •Vd VYYYI111 I 1•I\III VVMII•, I VV Contract No.261.2020- BOCC (Attached) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,AUTHORIZING ACCEPTANCE OF THE MORTON MINING CLAIMS DONATION jab ohs, ORDINANCE NO. 042 -2020 Ql 47;442 RECITALS WHEREAS, Pursuant to 30-35-301 C.R.S.,the Board of County Commissioners ("BOCC") of Pitkin County, Colorado a Home Rule County 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 WHEREAS, Pursuant to Section 2.8.1 of the Home Rule Charter("HRC"),the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statutes as amended, and WHEREAS, 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, and WHEREAS,The Open Space and Trails Program is charged with preserving open space lands, and WHEREAS,The approximately 20 acre Morton Mining Claims lie above the Crystal Townsite along the Lead King Loop Road and possesses habitat,scenic values and recreational values,and the owner would like to donate the property to our Open Space Program, and WHEREAS, the Pitkin County Open Space and Trails Board unanimously recommends this acquisition, and WHEREAS, 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, and WHEREAS, The BOCC fords that adoption of this ordinance is in the best interest of the citizens of Pitkin County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts an Ordinance Authorizing the Acceptance of the Morton Mining Claims Donation 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. Gunnison County, CO 674920 4/7/2021 9:42:34 AM Page 1 of 10 289 R 58.50 D 0.00 IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIII II I III IIII IIII _VL.1 I ILIA T.Vf VVVV vAJ I W .I u• I V.VV.VV flu, I yJ L V V VYI IIYL.fl. •VO VUYYIIIp I IN\III VVYI IUr,VV INTRODUCED AND FIRST READ ON THE 14th DAY OF OCTOBER, 2020 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 28TH DAY OF OCTOBER 2020. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 15th DAY OF OCTOBER , 2020. Web Posting Only NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com)ON THE 15th DAY OF OCTOBER 2020. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE_28th DAY OF OCTOBER 2020. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE_5th DAY OF NOVEMBER , 2020. POSTED BY TITLE AND SHORT SUMMARY ON TIIE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincountv.com )ON THE_29th DAY OF OCTOBER , 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS By ,��.a Lfft- ,gbttit.S By: SJ, F. CUL Jeanette Jones Steven F. Child, Chair Deputy County Clerk Nov-03-2020 Date: APPROVED AS TO FORM: MANAGER APPROVAL 5oh,, ell KIP ika#fiu. John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager Gunnison County, CO 674920 4/7/2021 9:42:34 AM Page 2 of 10 289 R 58.50 D 0.00 I 1111111111II I III 11111IIIII111111111111111IIII II1111111IIII w�. I.V.,n.V.VVVV VL..VaVi. Y• .V.VV.VV P1...1 . yJ V V. Vp V4...Y4..•. .VO VYY.....j . .L.\...VVY...'j VV Exhibit SPECIAL WARRANTY DEED THIS DEED is dated this.J, . day of F&6$vi4ley 2021 and is made between JUDITH ANN MORTON("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 I 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 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. [Signature Page(s) follow] Gunnison County, CO 674920 4/7/2021 9:42:34 AM Page 3 of 10 289 R 58.50 D 0.00 11111111ll II IIII11111111111111111111111111111111III1111llll IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. By: G'e[.th Atipt. m124:%ut_ Judith Ann Morton STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) This foregoing instrument was acknowledged before me this (0 day of tkGni 2021, by Judith Ann Morton. WITNESS my hand and official seal. My commission expires: yy ei/r }11 • • 6sh. Cot,a - 5 r o g a Notary Public Gunnison County, CO 674920 4/7/2021 9:42:34 AM Page 4 of 10 289 R 58.50 D 0.00 1111111111111111111111111111111111111111111111111111111111 Exhibit A (property description) F.G. Richardson Load Mining Claim, U.S. Mineral Survey No. 5710A, and Lead King,U.S. Mineral Survey No. 11587A Gunnison County, CO 674920 4/7/2021 9:42:34 AM Page 5 of 10 289 R 58.50 D 0.00 IIIIIIIIIIIIIIII11111111111111111111111111111111311111111 ACCEPTED and AGREED to by Grantee this /d day of F66 f mg)/ 2021. BY: 1 *4464 KellyNcNicholas Ku ry�Cha Chair APPROVED TO FORM: By: heal Richard Y.Neiley ill, Assistant County Attorney STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) This foregoing instrument was acknowledged before me this •0th day off.b(. 04Y. . . ...._ 2021, by k-eI1Y Nic jvrioncke,s Ie,a t Li as C hug(' 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:/Z• "3° -2°2. I Notary Public - JULIA ELY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204045291 MY COMMISSION EXPIRES December 30.2024 Gunnison County, CO 674920 4/7/2021 9:42:34 AM Page 6 of 10 289 R 58.50 D 0.00 111111111111111111111111111111111111111111111111111111111111 - ..v.•.r. v.vv..vr .••wv• r v.wv.vvr..r..wrv... ...vr...v..v. ..ry. y., . v.tI W&III ...•. • Contract No.261.2020- BOCC SPECIAL WARRANTY DEED THIS DEED is dated this_JD . day of P'66 v4iy 2021 and is made between JUDITH ANN MORTON("Grantor")and the BOARD OF COUNTY COMMISSIONERS OF P!TK1N 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, 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 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. [Signature Page(s) follow] Gunnison County, CO 674920 4/7/2021 9:42:34 AM Page 7 of 10 289 R 58.50 D 0.00 111111111111111111111111111111111111111111111111111111111111 IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. By: ....chle4g 41tft t 7*ut _ Judith Ann Morton STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) 4 This foregoing instrument was acknowledged before me this Gi day of t40n1. 2021, by Judith Ann Morton. WITNESS my hand and official seal. My commission expires: 4Adv Sei,c rtrtki 5 k --k 5 I I 0 ea . Notary Public • Gunnison County, CO 674920 4/7/2021 9:42:34 AM Page 8 of 10 289 R 58.50 D 0.00 111111111111111111111111111111111111111111111111111111111111 Exhibit A (property description) F.G. Richardson Load Mining Claim, U.S. Mineral Survey No. 571OA, and Lead King,U.S. Mineral Survey No. 11587A Gunnison County, CO 674920 4/7/2021 9:42:34 AM Page 9 of 10 289 R 58.50 D 0.00 11111111111 III III IIIII IIIII IIIII IIIII IIIII IIII II I III IIII IIII ACCEPTED and AGREED to by Grantee this /o day of P66 R may 2021. By:y 4.464 Kelly cNichotas Kury,Chair APPROVED TO FORM: By: Priffg--- Richard Y.Neiley III, Assistant County Attorney STATE OF COI.ORADO ) } ss. COUNTY OF PITKIN ) This foregoing instrument was acknowledged before me this /014 day ofE J+C..ie..cy 2021, by k.ellY McNic::Neke.s ku C as Chr�;c of TIIE 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 seat. My commission expires:/z "30 • . Notary Public JULIA ELY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204045291 MY COMMISSION EXPIRES December 30.2024 Gunnison County, CO 674920 4/7/2021 9:42:34 AM Page 10 of 10 289 R 58.50 D 0.00 IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIII II I III IIIII IIII IIII