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Home My WebLink Aboutbocc.con.331.19 - BOCCCONTRACT # AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING ACCEPTANCE OF JUNIPER HILL DONATION PARCEL ORDINANCE NO. (''V3 -2019 RECITALS: 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 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. �IIIIIIIIII� 111111 2. Pursuant to Section 2.81 of the Home Rule Charter, the BOCC is authorized to take 0 C! 0 official action by Ordinance for certain matters where action is prescribed pursuant to the 0 Colorado Revised Statues as amended, and a. 0 o 3. The owner of a 2.3 acre parcel, Lot 11, Block 3, Brush Creek Village, located on Juniper 0 ",r: 0 Hill Drive (the "Property") desires to donate the same to Pitkin County, and oiz E —1040 4. The Property is home to a high altitude wetland, and N Z V IN0 3 0 C4 C5 5. The Pitkin County Open Space and Trails program has adopted a Protection of Natural 0 Z 0 Biodiversity and Management of Human Use Policy that supports the protection of rare 0 habitats such as found on the Property regardless of size, and CL 0 0 W UVB' "Wj 00 a 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. �IIIIIIIIII� 111111 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 OF T ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF 2019, NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincountv.com) ON THE DAY 017_� ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE /ItbDAY OF -q-" � 2019. PUBLISHED BY TITLE AND SHORT SUMWRY, AFTER ADOPTION, TIMES WEEKLY ON THE XA, DAY OFa . 2019. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE R4DAY OF J)J-��,2019. ATTEST: Bye Jean to Jones Deputy County Clerd APPROVED AS TO FORM: ,---J'o. -C-ouffy—Attorney &OWill, Acquisition Director Open Space & Trails BOARD OF COUNTY COMMISSIONERS By: x Poschman, Chair 49� Date: /Z//S,//, MANAGER APPROVAL Jon Pjacock-, County, Manager 2 SPECIAL WARRANTY DEED THIS DEED is dated this 5 day of Jkv14z--' -,ezl 2042 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 (v)foIlow] 1 IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. SH Brush Creek LLC,.a�olorado limited liability company By: St 'ans'efi—, Manager STATE OF COLORADO ss. COUNTY OF PITKIN This foregoing instrument was acknowledged before me this jLd day of �XXVLO MA 20_90, by Steve Hansen, Manager of SH Brush Creek LLC, a Colorado limited liabiliFy company. WITNESS my hand and official sea]. My commission expires: LYNNE S CORDOVA NOTARY PUBLIC Notary -P-ublic STATE OF COLORADO NOTARY ID # 19964010801 MY COMMISSION EXPIRES 06-24-2020 [Grantee Acceptance andAcknovi4edgment Follows] ME11111 11111 1111 ACCEPTED and AGREED to by Grantee this 20_,U By: LIZ41- Chair APPROVED TO FORM: go STATE OF COLORADO COUNTY OF PITKIN County Attorney ss. day of This foregoing instrument was acknowled bee me this day Of 20 �W, by 991 f as ( -1 1& X 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: Notary,)Public Nodi -jP-,Rv PUBLIC 3 CONTRACT # Ist- lq- 606C SPECIAL WARRANTY DEED THIS DEED is dated this S 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 (v)J611omJ f fill!! 11111 llfll 11111 11111 fill! lllfl 1111 f f f 111 11111 lllff lilll Ilii llf it 1111 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. Vos Caudill, Pitkin County, CO IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. SH Brush Creek LLC�olorado limited liability company By: S t e yeff an s—e n 79ac —nager � STATE OF COLOR -ADO ss. COUNTY OF PITKIN This foregoing instrument was acknowledged before me this 3fol day of '-It ,v.c, n.L 2020, by Steve Hansen, Manager of SH Brush Creek LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: LYNNE S CORDOVA NOTARY PUBLIC STATE OF COLORADO Notary Public NOTARY ID # 19964010801 MY COMMISSION EXPIRES 06-24-2020 [Grantee Acceptance and Acknowledgment F� allows) ACCEPTED and AGREED to by Grantee this �k day of 20_U_. By: / APPROVED TO FORM: In STATE OF COLORADO COUNTY OF PITKIN , Chair County Attorney ss. Lo &- -'ir'"'a 0 This foregoing instrument was acknowledgl be e me this day 0f56ul 20W by OStLtVCIK. as 11' 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: jFNotar ublic .XNjTTE JON68 NOTIARVPUBLIC STPLTE 101; CO. OPA,:"- NOTAT!,rj i A -A WCOWAWiON