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Home My WebLink Aboutbocc.ord.046.19981111111111111111 HIM iii 111111111111111111 iii IIIII oil ilii 424110 11/03/1998 12:35P ORDINRNC DAVIS SILVI I of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ACCEPTING THE CONVEYANCE OF REAL PROPERTY FROM HINES HIGHLANDS LIMITED PARTNERSHIP TO THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 2 Ordinance No. 98-46 cornnr,u d;Ty L,EVeLo�- ^,T 1. Hines Highlands Limited Partnership ("HHLP") is the owner of a 13.204 acre property situated in the Aspen Highlands Village Planned Unit Development ("AHV PUD") described as AHV PUD Parcel A (recorded at Reception # 423275). 2. As a condition of approval in connection with Pitkin County Board of County Commissioners Resolution # 98-79, HHLP is required to convey a deed for Parcel A. 3. The 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 Deed of real property from HHLP to the Board of County Commissioners more fully described in Exhibit A attached hereto. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 23RD DAY OF SEPTEMBER, 1998. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 26TH DAY OF SEPTEMBER, 1998. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 6TH DAY OF OCTOBER, 1998. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 24TH DAY OF OCTOBER, 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO "7 By: va �-� •�) 1�.1i �.t/�GE 4e, i4�(% Dorothea Farris, Chair Dep y County ZZ,Clerk Date: ivff- z ' 9 111111 11111111111 III IIIIII 111111111111111 Hill 111111 11111111 424110 11/03/1998 12:35P ORDINANC DAVIS SILVI Ordinance No. 98-46 2 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Page 2 APPROVED AS TO FORM: �3 John Ely, Atto Date: tdordsWnehigh.ord RECOMMENDED FOR ADOPTION ckjv\)V(- (vjv\k C Cindy Houben Community Development Director Date: D .2 1 111111111111111111111111111111111111111 III 111111III till 424110 11/03/1998 12:35P ORDINANC DAVIS SILVI 3 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Reception No. Recorder. Recorded at o'clock M., / SPECIAL WARRANTY DEED THIS DEED, Made thi sh?J� day of �bCW 1998, between RECORDER'S STAMP HINES HIGHLANDS LIMITED PARTNERSHIP, a Delaware limited partnership CONTACT u Q (i A 7 of the 'County of Pitkin, State of Colorado, grantor(s), and (q 1 n/ �V 1r / Q / PITKIN COUNTY, COLORADO whose legal address is 570 S. AMN r A S PC -N I LD g l61 ` of the County of Pitkin , State of Colorado, grantee(s): WITNESSETH, that the grantor(s), 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(s), its heirs 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: Parcel A, Final plat, Aspen Highlands Village P.U.D., recorded and &1L— / 5 1998 at Reception No. in the real property records of Pitkin County, Colorado. also known by street and number as: assessors schedule or parcel number: vacant land 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 or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, all except as otherwise provided herein; Reserving, however unto Grantor, Its successors and assigns, a perpetual, nonexclusive easement on, over, under and through the above- described premises for the purposes of using, Installing, constructing, maintaining, improving, repairing and replacing underground drainage, water, sewer, electric, gas, telephone, cable television and other utility or communication lines and devices of any kind or nature whatsoever, together with a perpetual right of Ingress and egress to and from such easement. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s), its heirs and assigns forever. The grantor(s), for itself, its heirs and personal representatives or successors , 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) except subject to (a) the requirement that the above- described premises be forever held and maintained as open space, (b) the reservation set forth above, and (c) those matters set forth on Exhibit A attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF the gmntor(s) has executed this deed on the date set forth above. HINES HIGHLANDS LIMITED PARTNERSHIP, a Delaware limited partnership By: ASPEN HIGHLANDS SKIING CORPORATION, ]awareT on, its general partner By: / ,/ayAl T. etre. I�i��rset«cf STATE OF COLORADO ) n.,, ) ss. 11111111111111111111111111111111111111111111111 OF IN 423270 10/13/19" 04:36P SPEC ND DAVIS SIL.VI 1 of 6 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO 1111111 VIII 111111111111111111111 Nilll 111111111111IN 424110 11/03/1998 12:35P ORDINANC DAVIS SILVI 4 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT/A 111111111111111111111111111111111111111111111111111111111 423278 10/16/1998 04:36P SPEC WD DAVIS SILVI 2 of 6 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO Our Order No. Q372212-2 THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. WATER RIGHTS OR CLAIMS TO WATER RIGHTS. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 07, 1903, IN BOOK 55 AT PAGE 507. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 25, 1957, IN BOOK 181 AT PAGE 506. EASEMENTS AND RIGHTS OF WAY FOR TRAIL PURPOSES AS GRANTED TO THE UNITED STATES OF AMERICA IN INSTRUMENT RECORDED JULY 10, 1972 IN BOOK 264 AT PAGE 946. 111111111111111111 III 111111111111111111 III Hill 1111 IIII 424110 11/03/1998 12:35P ORDINANC DAVIS SILVI S of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EILMIT A - CCrr . Our Order No. Q372212-2 EASEMENT AND RIGHT OF WAY FOR WATER PIPELINE PURPOSES AS GRANTED TO ROBERT L. HILL AND ELAINE T. HILL IN INSTRUMENT RECORDED SEPTEMBER 18, 1961 IN BOOK 195 AT PAGE 231. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 28, 1981 IN BOOK 407 AT PAGE 648 AND ASSIGNMENTS THEREOF RECORDED DECEMBER 13, 1993 IN BOOK 734 AT PAGE 685 AND RECORDED DECEMBER 13, 1993 IN BOOK 734 AT PAGE 848 TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 28, 1981 IN BOOK 407 AT PAGE 651 AND ASSIGNMENTS THEREOF RECORDED DECEMBER 13, 1993 IN BOOK 734 AT PAGE 685 AND RECORDED DECEMBER 13, 1993 IN BOOK 734 AT PAGE 848, AND AGREEMENT RECORDED JUNE 26, 1996 UNDER RECEPTION NO. 394113 TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 86-39 RECORDED JULY 18, 1986 IN BOOK 514 AT PAGE 719. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN EASEMENT AGREEMENT RECORDED FEBRUARY 4, 1993 IN BOOK 702 AT PAGE 808. TERMS, CONDITIONS AND PROVISIONS OF USE AGREEMENT RECORDED DECEMBER 13, 1993 IN BOOK 734 AT PAGE 798. EASEMENTS AND RIGHTS OF WAY FOR DITCHES THAT AFFECT THE SUBJECT PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE STEIN CASTLE DITCH AND THE MIDLAND FLUME DITCH. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN RESOLUTIONS AND ORDINANCES RECORDED AS FOLLOWS: A. RESOLUTION NO. 95-10 RECORDED FEBRUARY 15, 1995 IN BOOK 774 AT PAGE 47 B. RESOLUTION NO. PZ -95-08 RECORDED NOVEMBER 17, 1995 IN BOOK 799 AT PAGE 976 C. RESOLUTION NO. 20, SERIES OF 1995, RECORDED AUGUST 28, 1997 UNDER RECEPTION NO. 408576 D. GMC RESOLUTION NO. 97-7 RECORDED SEPTEMBER 29, 1997 UNDER RECEPTION NO. 408929 L 1111111 illli 111111111111 Till Iilll 111111 III (IIII IIII IIII 423278 10/15/1998 04:38P SPEC WD DAVIS SILVI 3 of 5 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO IIIIII "III 111111 III 111111111111111111111 fill llll I'll 424110 11/03/1998 12:35P ORDINANC DAVIS SILVI 6 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ExmBTr A -a 672-6. Our Order No. Q372212-2 E. RESOLUTION NO. PZ -97-8 RECORDED SEPTEMBER 29, 1997 UNDER RECEPTION NO. 408930 F. RESOLUTION NO. 96-141 RECORDED MARCH 19, 1997 UNDER RECEPTION NO. 402639 G. RESOLUTION NO. GMC -97-05 RECORDED MAY 23, 1997 UNDER RECEPTION NO. 404771 H. ORDINANCE NO. 97-31 RECORDED NOVEMBER 25, 1997 UNDER RECEPTION NO. 411003 H. RESOLUTION NO. 20, SERIES OF 1995 RECORDED AUGUST 28, 1997 UNDER RECEPTION NO. 407783 I. RESOLUTION NO. 97-7 RECORDED SEPTEMBER 29, 1997 UNDER RECEPTION NO. 408929 J. RESOLUTIONNO. PZ -97-8 RECORDED SEPTEMBER 29, 1997 UNDER RECEPTION NO. 408930 K. ORDINANCE NO. 97-31 RECORDED NOVEMBER 25, 1997 UNDER RECEPTION NO. 411003 L. RESOLUTIONNO. 97-167 RECORDED SEPTEMBER 30, 1998 UNDER RECEPTION NO. 422629 M. RESOLUTIONNO. 39 (SERIES OF 1998) RECORDED OCTOBER 5, 1998 UNDER RECEPTION NO. 422779 TERMS, CONDITIONS AND PROVISIONS OF ORDER FOR INCLUSION IN THE ASPEN SANITATION DISTRICT RECORDED DECEMBER 09, 1997 UNDER RECEPTION NO. 411462. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION IMPROVEMENTS AGREEMENT FOR ASPEN HIGHLANDS VILLAGE P.U.D. TERMS, CONDITIONS AND PROVISIONS AS CONTAINED IN THE PLANNED UNIT DEVELOPMENT GUIDE FOR ASPEN HIGHLANDS VILLAGE P.U.D. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF ASPEN HIGHLANDS VILLAGE P.U.D. TERMS, CONDITIONS AND PROVISIONS OF RAW WATER AGREEMENT, IRRIGATION, RECORDED OCTOBER 05, 1998 AT RECEPTION NO. 422780. TERMS, CONDITIONS AND PROVISIONS OF WATER SERVICE AGREEMENT RECORDED OCTOBER 05, 1998 AT RECEPTION NO. 422782 AND FIRST ADDENDUM THERETO RECORDED OCTOBER 5, 1998 UNDER RECEPTION NO. 422783. 111111 Hill 423278 10/iS/1998 04:36P SPEC WD DAVIS SILVI 4 of 5 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO s I :.—h'.*:...:.r—.w: r....¢...:...:N...... A- I :_,.rae.a.:�.. n.a. _.. ...............-.-.-.......... ..:.. ,.....-..��-- IIIIII VIII HIM 1111111111111111111111111111111111 Hill IN IN 424110 11/03/1998 12:35P ORDINANC DAVIS SILVI 7 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EIIE[tBIT A - cm& • Our Order No. Q372212-2 TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED OCTOBER 07, 1998 AT RECEPTION NO. 422899. TERMS, CONDITIONS AND PROVISIONS OF COLLECTION SYSTEM AGREEMENT FOR THE ASPEN HIGHLANDS VILLAGE PROJECT. TERMS, CONDITIONS AND PROVISIONS OF PRECONNECTION AGREEMENT FOR THE ASPEN HIGHLANDS VILLAGE PROJECT. I IIIIII VIII 111111111111111111111111111111 Hill ILII IN 423278 10/15/1998 04:38P SPEC WD DAVIS SILVI 5 of 5 R 28.00 D 0.00 N 0.00 PITKIN COUNTY CO