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HomeMy WebLinkAboutbocc.ord.046.19991 IIIIII IIIII IIIIII IIIII 111111 III 1111111111 IIIII 11111111 439975 01/31/2000 10:36A ORDINANC DAVIS SILVI 1 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING THE CONVEYANCE OF WAGNER PARK AND OF CERTAIN COUNTY TRAILS TO THE CITY OF ASPEN, COLORADO. ORDINANCE NO. 99- Y4 Recitals 1. In accordance with Section 8.7.1 of the Pitkin County Home Rule Charter and pursuant to Resolution No. 86-90, the Board of County Commissioners of Pitkin County, Colorado submitted to the electorate on the ballot for the general election held on November 4, 1986, the question of whether the Board of County Commissioners should be authorized to convey Wagner Park to the City of Aspen, Colorado, and to convey the County Trail System to the City of Aspen, Colorado, subject to a restriction that the property must be used for park or recreational purposes unless otherwise approved by the registered, qualified voters of the City of Aspen, and upon such other terms and conditions as the Board of County Commissioners might be deem necessary. 2. At the general election held on November 4, 1986, the electorate of Pitkin County authorized the conveyance of Wagner Park to the City of Aspen and of certain County trails to the City of Aspen as described in paragraph 1 above. 3. Subsequent to the 1986 election, the voters of Pitkin County in the November 1990 election approved its own Open Space and Trails program and the County Trail System has expanded since that time. 4. The County desires to convey, and the City is willing to accept, the following properties: a. Wagner Park b. The following trails: 1). Aspen Airport Business Center Trail 2). Cemetery Lane/Castle Creek Underpass Trail 3). An easement of twenty feet (20'), being ten feet (10') of either side of the centerline of the paved portion of the Rio Grande Trail within the City of Aspen to Stein Park 4). Lone Pine Trail and Steps 5). Post Office Trail, including, but not limited to, a twenty two foot (22') easement granted by the U.S. Postal Service 11111111 11111 IIIIII IIIII 111111 III Iilllll III 1111111111111 439975 01/31/2000 10:36A ORDINANC DAVIS SILVI 2 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Ordinance No. 99- Page 2 5. A review of the title documents relating to certain of the properties to be conveyed to the City indicates that there is the possibility of a reverter to a non-public entity in the event the Rio Grande Trail is not used for park and recreation purposes. The County wishes to convey only that portion of its Rio Grande property necessary for trail purposes, and the conveyance shall be subject to reverter if not used for trails. 6. The Board of County Commissioners desires to convey the property to the City but believes it is in the best interest of the citizens of Pitkin County to assure that the property is used for park or recreational purposes, without risk of the property reverting to private ownership, 7. All of the property, except the Rio Grande Trail, will be conveyed to the City on the condition that the property be used only for park or recreation purposes unless otherwise approved by the registered, qualified voters of the City of Aspen. 8. A deed for Wagner Park is attached as Exhibit A, and a deed for the specific trails to be conveyed is attached as Exhibit B, both of which are incorporated by this reference. NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado as follows: 1. The Chairman of the Board of County Commissioners of Pitkin County, Colorado is authorized to execute the deeds attached as Exhibits A and B conveying Wagner Park and various trails to the City of Aspen, Colorado, subject to the restriction that such property shall be used for park or recreational purposes only, unless approved by the qualified and registered voters of the City of Aspen and that the Rio Grande Trail shall revert to the County in the event the trail use ceases. INTRODUCED AND FIRST READ AND SET FOR PUBLIC HEARING ON THE 13th DAY OF OCTOBER, 1999. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 16th DAY OF OCTOBER, 1999. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 27th DAY OF OCTOBER, 1999. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 6th DAY OF NOVEMBER, 1999. Ordinance No. 99- Yto'_ Page 3 IIIIII 11111111111 IIIII Mill III 1111111 III 11111 IIII III 439975 01/31/2000 10:36A ORDINANC DAVIS SILVI 3 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD. ATTEST: Jean e Jones, Deputy APPROVED AS TO FORM: De.orah Quinn, /0 42 2 /9) Assistant County Attorney c:\home\vickiv\ords\trailswagner doc BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Suz4nie Konchan, County Manager 11111111111 11011 Mil 111111 III IIIn III1111111111111 439975 01/31/2000 10:36A ORDINANC DAVIS SILVI 4 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO QUIT CLAIM DEED THIS DEED made this 1< day of , 1999 between BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a political subdivision whose legal address is 530 East Main Street, Aspen, Colorado 81611 of the County of Pitkin, State of Colorado, Grantor(s), and the CITY OF ASPEN, STATE OF COLORADO, and whose legal address 130 South Galena Street, Aspen, Colorado, 81611 Grantee(s): WITNESSETH: That the Grantor, for and in consideration of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, conveyed and QUIT CLAIM unto the Grantee, its successors and assigns, forever, without warranty, a non-exclusive easement which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Pitkin and the State of Colorado, described as follows: 1. That trail known as the Aspen Airport Business Center Trail, including but not limited to, the easement averaging forty feet (40') in width granted to the Grantor by the Walter R. Paepke Life Insurance Trust, Agreement #74 (76), recorded at Book 333 Page 897; a fifteen foot (15') easement as granted by the Zolines recorded at Book 335 Page 732; and a twenty foot (20') easement dedicated with the Aspen Racquet Club Subdivision, in Plat Book 11 Page 44 and as amended in Plat Book 15 Page 61. 2. The Cemetery Lane/Castle Creek Underpass Trail, including, but not limited to, the fifteen foot (15') easement granted by Holy Cross Electric recorded at Book 293 Page 887 and the easement from Rocky Mountain Natural Gas recorded at Book 293 Page 892; and including the High School Trail and the Hospital Trail. 3. An easement of twenty feet (20'), being ten feet (10') on either side of the centerline of the paved portion of the Rio Grande Trail within the City of Aspen to Stein Park, subject to the terms and conditions of the Amended and Restated Intergovernmental Agreement dated June 26, 1997 (RFRHA). 4. The Lone Pine Trail and Steps, dedicated with the Lone Pine Subdivision Plat Book 9 pages 7-8. 5. The Post Office Trail, including, but not limited to, the twenty two foot (22') easement granted temporarily by the US Postal Service and recorded at Book 408 Pages 237-239. 1111111 Nil 111111 11111 111111 III 1111111 III 11111 IIII IIII 439978 01/31/2000 10:36A ORDINANC DAVIS SILVI S of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Subject to the following exception (s) : 1. The property being conveyed will be used for trail, park or recreational purposes only unless specifically approved by a vote of the qualified voters of the City of Aspen, except for the Rio Grande Trail, the ownership of which shall be deemed abandoned and shall revert to the County if the trail use ceases. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, all the estate right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, its successors and assigns forever. IF ANY TERM or provision of this Quit Claim Deed would otherwise violate the rule against perpetuities or the rule restricting restraints on alienation, such term or provision shall automatically expire and be of no further force or effect, on the day before the expiration of ninety (90) years from the date of this deed. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Acknowledged before me this 15 day of Lecernb,1999, by Leslie J. Lamont, as Chair of the Board of County Commissioners of Pitkin County, Colorado. ,a•• 0 !wttre„ss any hand and official seal. or iFte• .. r " 2I IOZ i ,3 t Miy,Pjimtriission expires: �, ••• }• � : e.,7 %. Ala e• y LAVV:At L 6..- • N � :, 'ry 3 't,,•.•`' Notary Public e:u Mns`.ii4{i.111bbie4niscworkWailscity.gcd.dce 2 IIIII 111111 1111111111111 439975 01/31/2000 10:36A ORDINANC DAVIS SILVI 6 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 11 day of :It (t 1999, between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a political subdivision whose legal address is 530 East Main Street, Aspen, Colorado 81611 of the County of Pitkin, State of Colorado, Grantor(s), and the CITY OF ASPEN, STATE OF COLORADO, and whose legal address 130 South Galena Street, Aspen, Colorado 81611, Grantee(s): WITNESSETH That the Grantor, for and in consideration of the sum of TEN DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pitkin, State of Colorado, described as follows: Lots K, L, M, N, 0, P, Q, R, and S, Block 82 , and all of Block 83, City and Townsite of Aspen, County of Pitkin, State of Colorado Also known as Wagner Park. Subject to the restriction that the property must be used only for park or recreational purposes, unless specifically approved by a vote of the qualified voters of the City of Aspen, and also subject to the exceptions attached hereto as Exhibit A. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and 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(s), either in law of 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(s), heirs and assigns forever. The Grantor(s) for itself, its heirs and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee(s), its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor(s). 1111111111111111111111111111111111111111111111111111111 439975 01/31/2000 10:36A ORDINANC DAVIS SILVI 7 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO IF ANY TERM or provision of this Quit Claim Deed would otherwise violate the rule against perpetuities or the rule restricting restraints on alienation, such term or provision shall automatically expire and be of no further force or effect, on the day before the expiration of ninety (90) years from the date of this deed. IN WITNESS WHEREOF, the Grantor(s) has executed this deed on the date set forth above. STATE OF COLORADO ) ss. COUNTY OF PITKIN BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO L' slie J. Lam The foregoing was acknowledged before me this 15 ' day of'Dcevrtioe.✓ , 1999 by Leslie J. Lamont as Chair of the Board of County Commissioners of Pitkin County, Colorado. Witness my hand and official seal. My commission expires: 2 l t 1 IO2- c:\home\vickiv\debbie\miscwork' pecwd.prk.doc 1f111 `, r p.e, ,,,f1e,,' t0v6 Notary Public :? U D 1. \ • 1_ w• e. �rE I f C tPr ,nK.30.1998 4:55PM STEWART TITLE ASPEN SCHEDULE B Order Number: 00024671 Section 2 1 111111 IIIII 111111 IIIII 1111111111111111111111111111 I"I 439975 01/31/2000 10:36A ORDINANC DAVIS SILVI 8 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXCEPT7ONS 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. 41 Any lien. or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. S. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective dare hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or morrgage 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. Exceptions and reservations as set forth in the Act authorising the issuance of the Patent for the City and Townsits of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 8. Terms, conditions, obligations, and provisions of Encroachment Agreement as set forth in instrument recorded January 7, I986 in Book 503 at Page 53 as Reception No. 274607. NOTE Provided that Stewart Title of Aspen, Ino. records the documents of conveyance in the proposed transaction the statue of title will be updated from the time of this commitment to the time of said recording. If said update reveals intervening liens or changes in the statue of said title appropriate action(,) will be taken to disclose or eliminate said change prior to the recording of said documents. If said update reveals no intervening liens or changes in the status of title, Exception No. 5 above will be deleted. N0T8r Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth in the ALTA 1992 Policy form. Copies of the 1992 form Policy Jacket, setting forth said terms, conditions and exclusions, w111 be made available upon request.