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HomeMy WebLinkAboutbocc.ord.045.2006AN ORDINANCE OF THE BOARD OF COUNTY OF PITKIN COUNTY, COLORADO AUTHORIZING THE QUITCLAIM OF AN EASEMENT ALONG THE UPPER SECTION OF RED MOUNTAIN ROAD Ordinance No. n/y -2005 Recitals 1. Barretta LLC owns a metes and bounds lot located at 1422 Red Mountain Road (PID # 2737-063-00-025). 2. In 1981, the prior owner of the subject lot, Jane Mayer (Grantor), granted Pitkin County (Grantee) an easement for road improvements over a strip of land adjacent to upper Red Mountain Road pursuant to a Quitclaim deed recorded at Book 416, Page 844 in the Pitkin County Clerk and Recorder's office. 3. The parties agreed, in the easement instrument, that upon completion of the road improvements for which the easement was granted those portions of the property subjected to the easement that were not reasonably for road improvements should be quitclaimed back to the Grantor. 4. Pitkin County is prepared to deed the portion of the easement that is not reasonably needed back to Barretta LLC. NOW, THEREFORE, BE IT ORDAINED, that the Board of County Commissioners of Pitkin County hereby authorizes the Chair to quitclaim back to Barretta LLC that portion of its property which is not reasonably needed for Red Mountain Road improvements. Barretta LLC shall submit a form of conveyance to the County Attorney's Office for approval; the County Attorney's approval shall be a condition precedent to the Chair's authority to execute the conveyance. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 18TH DAY OF SEPTEMBER, 2005. APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON 26TH DAY OF OCTOBER, 2005. PUBLISHED AFTER ADOPTION IN THE W D EDITION OF THE ASPEN TIMES ON THE q 6 DAY OF 2005. II III I I II III I 04/10/2006Page: I 01:31 JRNICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO J : vette Jones Patti Kay -Clapper puty Clerk an Recorder Chair Date: 10 - 3 � - (O5 APPROVED AS TO FORM: D� Chris S slstant County Attorney APPROVED AS TO CONTENT: dl i,!e Hilary F)mith, County Manager II II II I� I III I II I I I II I II522768 04/10/2006 01:31 JPNICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 QUIT CLAIM DEED THIS DEED, Made this Jia day of [ [�20A, between THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS of the *County of Pitkin and State of Colorado, grantor, and BARRETTA, LLC, a Colorado limited liability company, whose legal address is c/o Gideon Kaufman, Kaufman, Peterson & Dishler, 315 E. Hyman, #305, Aspen, CO 81611 of the County of Pitkin and State of Colorado, grantee: WITNESSETH, that the grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration ----------------------------------------------------DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, and QUITCLAIMED, and by these presents does remise, release, sell, and QUIT CLAIM unto the grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, togetherwith improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado described as follows: Legal description set forth on Exhibit "A" attached hereto and made a part hereof; II I _ 1.1 I. 111522510 Page: 04/03/ 0 5 11 :2Z JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 as known by street and number as: N/A. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and 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. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS By 3 -zd -666 Chairperson STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoingJpstrument was acknowledged before me this day of - _ 20[J(e, by /%/eff 441 1 JR4A FKb, as Chairperson of the PiTKIN COUNTY BOARD OF COUNTY COMMISSIONERS. My commission expires: % L -;;(X mss my hand and [i��_ iin:�:: roc • ,�..+�rt _ II IIIIII II III II III III II 6049020 i61:31 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 X11 O No. 933. Rev.3-85 QUIT CLAIM DEED EXHIBIT "A" Legal Description A PARCEL OF LAND SITUATED IN SECTION 6, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6h P.M., PITKIN COUNTY COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SOUTH 1/4 CORNER OF SECTION 6, BEARS S 52014'00"E 1836.94; THENCE N 65021'00"E 10.00 FEET; THENCE S 11011'00"E 89.00 FEET; THENCE S 47030'00"E 186.00 FEET; THENCE S 40°43'51"E 54.48 FEET; THENCE N 49049'36"W 42.42 FEET; THENCE N 59005'32"W 39.81 FEET; THENCE N 47005'47"W 71.00 FEET; THENCE N 42036'42"W 76.28 FEET; THENCE N 23031'42"W 42.77 FEET; THENCE N 11°26'51"W 59.64 FEET TO THE POINT OF BEGINNING CONTAINING 3,483 SQ. FT. MORE OR LESS. 04903500© I / 11:221 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 !la -M 522768 .I II I II II I I ,II I I Page: 04/10/2006 0 1:31 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 EASEMENT REVERSION EXHIBIT POB L I S 4• L2 iS 'x I/4 CORNER +p t 'v REVERSION 50 PARCEL REMAINING !S': EASEMENT �r X10 L� . 'd \� REMAINING ' .: MENT L5 \ ORIGINAL EASEMENT EASEMENT REVERSION DESCRIPTION (LINE TABLET BOUNDARY A PARCEL OF LAND SITUATED IN SECTION 6. TOWNSHIP 10 \ SOUTH. RANGE 84 WEST OF THE 6th P.M.. PITKIN COUNTY COLORADO. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SOUTH 1/4 CORNER OF SECTION 6. BEARS S 52'14'00'E 1836.94: THENCE N 65'21'00'E 10.00 FEET: (LI) THENCE S II*II'00'E 89.00 FEET: (1-2) THENCE S 47'30'00'E 186.00 FEET: (1-3) THENCE 5 40'43'51'E 54.48 FEET: (1-4) THENCE N 4749'36'W 42.42 FEET: (L5) THENCE N 59*05'32'W 39.81 FEET: (1-6) THENCE N 47'05'47'W 71.00 FEET: (1-7) THENCE N 42'36'42'W 76.28 FEET: (1-8) THENCE N 23'31'42'W 42.77 FEET: (1-9) THENCE N 11'26'51'W 59.64 FEET TO THE POINT OF BEGINNING. CONTAINING 3,483 50. FT. MORE OR LESS. (LIO) ASEI JOB NO. 33171Z o ,$ I I 41111111 ILII page,04/10/2@05 01:31 IIII IIIIIIIIIIIIIIIIII IIR 0.00 D 0.00 7gNICE TKIN COUNTY CO QUITCLAIM DEED THIS DEED, Made this jib' day of M" e Z , 20A, between THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS of the *County of Pitkin and State of Colorado, grantor, and BARRETTA, LLC, a Colorado limited liability company, whose legal address is c/o Gideon Kaufman, Kaufman, Peterson & Dishler, 315 E. Hyman, #305, Aspen, CO 81611 of the County of Pitkin and State of Colorado, grantee: WITNESSETH, that the grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration ----------------------------------------------------DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, and QUITCLAIMED, and by these presents does remise, release, sell, and QUIT CLAIM unto the grantee, its successors and assigns, forever, all the right, title, interest, claim and demand 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 State of Colorado described as follows: Legal description set forth on Exhibit "A" attached hereto and made a part hereof, II I I III I I III 04/03/2006 90 6 11 221 JPNICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 as known by street and number as: N/A. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and 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. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS y 10 Chairperson STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoin rument was acknowledged before me this tJ1ps day of _ _ 2W6, by mlekA41 1y�IFAfkh, as Chairperson of the PITKIN COUNTY BOARD OF COUNTY COMM] My commission expires: 7: No. 933. Rev.3-85 QUIT CLAIM DEED my hand and -#413"11 EXHIBIT "A" Legal Description A PARCEL OF LAND SITUATED IN SECTION 6, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M., PITKIN COUNTY COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SOUTH 1/4 CORNER OF SECTION 6, BEARS S 52014'00"E 1836.94; THENCE N 65°21'00"E 10.00 FEET; THENCE S 11011'00"E 89.00 FEET; THENCE S 47030'00"E 186.00 FEET; THENCE S 40°43'51"E 54.48 FEET; THENCE N 49049'36"W 42.42 FEET; THENCE N 59005'32"W 39.81 FEET; THENCE N 47005'47"W 71.00 FEET; THENCE N 42036'42"W 76.28 FEET; THENCE N 23031'42"W 42.77 FEET; THENCE N 11026'51"W 59.64 FEET TO THE POINT OF BEGINNING CONTAINING 3,483 SQ. FT. MORE OR LESS. Al I I I 11 0 9/03 20000 11 .221 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 aw POB L EASEMENT REVERSION EXHIBIT �4. L2 ::A 1/4 CORNER +p 0 7 REVERSION I'-50 ss l PARCEL REMAININGL3 EASEMENT ipa EASEMENT REVERSION DESCRIPTION (LINE TABLE) A PARCEL OF LAND SITUATED IN SECTION 6. TOWNSHIP 10 SOUTH. RANGE 84 WEST OF THE 6th P.M.. PITKIN COUNTY COLORADO. DESCRIBED AS FOLLOWS: 4 I N REMAING RE AI LS \ ORIGINAL EASEMENT BOUNDARY BEGINNING AT A POINT WHENCE THE SOUTH /4 CORNER OF SECTION 6. BEARS S 52'14'00'E 1836.94: THENCE N 65'21'00'E 10.00 FEET: ILI) THENCE S II'II'00'E 89.00 FEET: (1-2) THENCE S 47'30'00'E 186.00 FEET: (1-3) THENCE S 40'43'51'E 54.48 FEET: (1-4) THENCE N 4749'36'W 42.42 FEET: (1-5) THENCE N 5705'32'W 39.81 FEET: (1-6) THENCE N 47'05'47'W 71.00 FEET: (1-7) THENCE N 42'36'42'W 76.28 FEET: (1-8) THENCE N 23*31'42'W 42.77 FEET: (1-9) THENCE N 11*26'51'W 59.64 FEET TO THE POINT OF BEGINNING, CONTAINING 3,483 SO. FT. MORE OR LESS. (LIO) ASEI JOB NO. 33171Z 0