HomeMy WebLinkAboutbocc.ord.024.1999AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO ACCEPTING THE CONVEYANCE OF REAL
PROPERTY FROM BIDGLE LLC TO THE PITKIN COUNTY BOARD OF COUNTY
COMMISSIONERS
Ordinance No. 99- it 4/
Recitals
1. Bidgle, LLC is the owner of certain real property situated in Pitkin County known
as Tract B, Tract C, Tract D Block 3 North Forty PUD Subdivision.
2. As a condition of approval in connection with Pitkin County Resolution # 99-
59, Bidgle LLC is required to convey to the County a parcel of open space.
3. The Warranty Deed satisfying this condition is attached as Exhibit A.
NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin
County, Colorado that the Board of County Commissioners does hereby accept the Warranty
Deed from Bidgle LLC to Pitkin County more fully described in Exhibit A attached hereto.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 14th
DAY OF JULY, 1999.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF
THE ASPEN TIMES ON 24th DAY OF JULY, 1999.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 11"'
DAY OF AUGUST, 1999.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN
TIMES ON THE 21st DAY OF AUGUST, 1999.
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Ordinance No. 99- A y
Page 2
ATTEST:
e -tte Jones, Deputy / erk
/
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
B . kpactj
L slie J. Lamo Chair
Date:4 1 I a/ q 9
John M. Ely fnct
Suz Konc an
County Attom Coun anager
I/ords/n40openspacewd.doc
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Recorded at o'clock N
Reception No. APPROVED BY
CONTRACT # /39
OVED BY BOCC
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WARRANTY DEED ORDINANCE
THIS DEED, made this day of . 19 # ` g - 2 1(
between
BIDCLE, LLC
of the • County of Pitkin and State of
COLORADO ,granmrl$and Pitkin County Board
of Commissioners
whose legal address Is
530 E. Main Street
Aspen, CO 91611
of the County of P L tkin and Stale of Co to r a .grantee*
WITNESS, dud the gruntutlsl, fin and in consideration of the sum ul Ten Dn Lla [s and other good
and valuable consideration DOLLARS,
the receipt and sufficiency of which is hereby acknowledged, ha s granted. bargained. sold and conveyed, and by these presents
do grant, bargain, sell, convey and confirm, unto the grantee(*. 1 is heirs and assigns forever, all the real properly,
together with improvements, if any, situate, lying and being in the County of Pitkin
Slate of Colorado, described as follows:
Tract B, Tract C, Tract D, Block 3, North Forty P.U.D. Subdivision,
according to the Plat thereof recorded , 1999
in Plat Book at Page as Reception No._
also known by street and number as:
assessor's schedule or parcel number.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversion
and reversions, remainder and remainders, rents, issues and profits thereof. and all the estate, right, title, interest, claim and demand
whatsoever of the grantor($, 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$) it s
heirs and assigns forever. The grantor($, for i tee' f heirs and personal representatives, do
covenant, grant, bargainand agree to and with the grameeR. it s heirs and assigns, that at the time of the ensealing and
delivery of these presents, well seized of the premises above conveyed, ha good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and ha good right, full power and authority to grant, bargain, sell and convey
the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens. taxes,
assessments, encumbrances and restrictions of whatever kind or nature sootier, except
the attached Schedule B Section 2 Exhibit A
The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable posses-
sion of the grantees), heirs and assigns, against all and every person or persons lawfully claiming the whole or any part
thereof.
IN
executed this deed an the date set forth above.
s
m STATE OF COLORADO
MIN yyZ �v II
€ a County of i•��'s I/t
a �VV�1
�g 0 The foregoin(g� instrument was acknowledged before me this
` by ct 1�
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= O 'If in Denver, lnsen'City
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Neale an Address of Peno,C
tn. !gy'va,
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, Newly C,eaed Leer Desmniod038-35a06r5'C.a5.1' 4 rI
No. 932. Rev. 4-94. woo/anti? DEED 11',e PhaoenMk Record/
Brainard Puhti,hing, I)O Wane St.. Denser, CO 80202 — (303) 292-2500 — ID9h
�i rVl. pant(P�.
SCHEDULE B
Section 2 Wan A
Order Number: 00025851
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafterfurnished, imposed by law
and not shown by the public records.
5. Defects. liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this commitment.
6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof;
water rights claims or title to water.
7. Any and all unpaid taxes and assessments and any unredeemed tax sales.
8. Right of way for ditches or canals constructed by the authority of the United
States, as reserved in United States Patent recorded June 2, 1944 in Book 167
at Page 561 as Reception No. 92561.
9. Right of the proprietor of a vein or lade to extract and remove his ore
therefrom, should the same be found to penetrate or intersect the premises
hereby granted, as reserved in United States Patent recorded June 16, 1910 in
Book 55 at Page 176 as Reception No. 73967.
10. Right of the proprietor of a vein or lode to extract and remove his ore
therefrom, should the same be found to penetrate or intersect the premises and
any vein or lode of quartz or other rock in place bearing gold, silver,
cinnabar, lead, tin, copper or other valuable deposits claimed or known to
exist prior to November 23, I891, and right of way for ditches and canals
constructed by the authority of the United States, as reserved in United States
Patent recorded December 1, 1955 in Book 180 at Page 579 as Reception No.
I03185.
11. An Basement granted unto the County of Pitkin as set forth in instrument
recorded September 8, 1938 in Book 157 at Page 536 as Reception No. 89903.
12. Basement for sewer line granted unto Aspen Metropolitan Sanitation District, a
quasi municipal corporation as set forth in instrument recorded January 11,
1971 in Book 253 at Page 50'as Reception. No. 143907.
13. Right of way and easement granted unto Rocky Mountain Natural Gas company,
Inc., as set forth in instrument recorded October 19, 1961 in Book 195 at Page
458 as Reception No. 112304.
Continued on next page
ilft-t001
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Continuation of Schedule B - Section 2
Order Number: 00025851
14. Terms, conditions, obligations, provisions and easements of Right of Way
Agreement granted unto The Mountain States Telephone and Telegraph Company, as
set forth in instrument recorded February 6, 1968 in Book 233 at Page 139 as
Reception No. 130100.
o Noly Cross
ic
on,
15• seth.forthwin granted
11, 1969einrBc ks242iatiPage2,s Rigt ofay Easement 634as
Reception No. 136500.
16. Easements, rights of way and other matters am
ahow3nand containt Book on
natlPag at f the
North Forty Subdivision recorded —
as
Reception No.
17. Terms, conditions, obligations and provisions of Resolution of the Board of
County Commissioners of Pitkin County, Colorado, Granting Approval of the North
Forty Conceptual submission Application; PUD Subdivision, Rezoning, Scenic
Foreground Overlay, GMQS Exemptions, Optional Multi -Year Development Allotment,
Areas Around Xey Facilities and 1041 Hazard Review, Resolution No. 96-286, as
set forth in instrument recorded January 24, 1997 as Reception No. 401157, and
re -recorded April 21, 1997 as Reception No. 403595.
18. Terms, conditions, obligations and provisions of Resolution of the Boaofrdtofled
of
County Commissioners of Pitkin County, Colorado, Granting Approval
Submission for the North Forty PUD subdivision, Scenic Foreground Overlay,
Development in Areas Around Rey Facilities, 1041 Hazard Review, and GMQS
Exemption 6 Special Review for a New Colorado Mountain College Campus,
Resolution No. 98-99, as set forth in instrument recorded August 28, 1998 as
Reception No. 421207, and re -recorded March 17, 1999 as Reception No. 428884.
9 Terms, conditions, obligations and provisions of Ordinance ofthe
Board
d tuning
County Commissioners of Pitkin County, Colorado, Granting Approval of the Official
�_., from AFR-10 to AH 2/PUD for the North Forty Property, and Amending
�CIa County Zoning Maps Accordingly, Ordinance No. 98-22, as set forth in instrument
IMMN F recorded November 23, 1998.as Reception No. 424740.
N i o NOTE: Provided that Stewart Title of Aspen, Inc. records the documents of
N M _ o = conveyance in the proposed transaction the status of title will be updated from
op. the time of this commitment to the time of said recording. If said update
mimmatx
reveals intervening liens or changes in the status of said title appropriate
c action(s) will be taken to disclose or eliminate said change prior to the
e lm sae % m recording of said documents. if said update reveals no intervening liens or
▪ a ei changes in the status of title, Exception No. 5 above will be deleted.
swim
g own o NOTE: Policies issued hereunder will be subject to the terms, conditions, and
.14
exclusions set forth in the ALTA 1992 Policy form. Copies of the 1992 form
• mc Policy Jacket, setting forth said terms, conditions and exclusions, will be
am made available upon request.
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