HomeMy WebLinkAboutbocc.ord.019.2006
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO AUTHORIZING THE ACCEPTANCE OF AN
AMENDMENT TO GRANT OF EASEMENT ON LOT 2, BLOCK 1, RED
MOUNTAIN RANCH SUBDIVISION
Ordinance No. 0/9 - 2006
Recitals
I. Friedberg is the owner of certain real property in Pitkin County, Colorado legally
described as:
Lot 2, Block I, Red Mountain Ranch Subdivision, according to the Plat thereof
recorded December 15, 1966 in Plat Book 3 at Page 114 (the "Property").
2. The County is the beneficiary of that certain Grant of Easement dated September 8,
1981 recorded in the office of the Clerk and Recorder of Pitkin County, Colorado on
November 3,1981 in Book 416 at Page 83 1 (the "Grant of Easement").
3. The Grant of Easement provides for a perpetual easement over, under, along, across
and through a portion of the Property more particularly described in the Grant of
Easement as being "adjacent to the County road" for "public access, together with the
rights to install, construct, reconstruct, excavate for, repair, replace and maintain a
roadway, and appurtenances, drainage ditches and facilities, and overhead and
underground public private utilities" (the "Easement").
4. The legal description of the Easement in the Grant of Easement is incorrect insofar as
it refers to the "Northwesterly" comer of the Property as the point of beginning
(which results in the Easement not being adjacent to any County road), and it should
have referred to the "Southwesterly" comer of the Property as the point of beginning
(which would result in the Easement being adjacent to a County road).
5. Friedberg and the County desire by this Amendment to amend the Grant of Easement
to correct the location of the Easement and to make certain other amendments to the
Grant of Easement as set forth in this Amendment.
NOW, THEREFORE, BE IT ORDAINED, that the Board of County
Commissioners of Pitkin County hereby authorizes the Chair to execute the
Amendment to Grant of Easement, Exhibit 1 to this Ordinance No4!!L- 2006.
INTRODUCED AND FIRST READ AND SET FOR PUBLIC HEARING ON
14th DAY OF June, 2006
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON 18th DAY OF JUNE, 2006
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APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC
HEARING ON 28th DAY OF JUNE, 2006
PUBLISHED AFTER ADOPTION IN THE W:J;fD EDITION OF THE
ASPEN TIMES OF THE C; tL DAY OF ~ , 2006
ATTEST:
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!iIJnli1t. }t1W
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Jeanette Jones ,
Deputy Clerk and Recorder
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
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Chair
Date:
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RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
Chris LaCroix
Garfield & Hecht, P.c.
601 East Hyman Avenue
Aspen,CO 81611
AMENDMENT TO GRANT OF EASEMENT
.4
This Amendment to Grant of Easement (this "Amendment") is made this~ day of July 2006
between BARRY S, FRIEDBERG ("Friedberg"), whose address is 142 E, Reds Road, Aspen, Colorado
8161 I and PITKIN COUNTY, COLORADO (the "Countv"). Friedberg and the County are collectively
refelTed to herein as the "Parties" and individllal1y as a "Party".
REeLT ALS
A, Friedberg is the owner of certain real property in Pitkin County, Colorado legally described as:
Lot 2, Block I, Red Mountain Ranch Subdivision, according to the Plat thereof recorded
December 15, 1966 in Plat Book 3 at Page 114 (the "Property").
B,
The County is the beneficiary of that certain Grant of Easement dated September 8, 1981
recorded in the office of the Clerk and Recorder of Pitkin County, Colorado on November 3,
198 I in Book 4 I 6 at Page 83 I (the "Grant of Easement"),
c.
The Grant of Easement provides for a perpetual easement over, under, along, across and through
a pOliion of the Property more paJiicularly described in the Grant of Easement as being "adjacent
to the County road" for "public access, together with the rights to install, construct, reconstruct,
excavate for, repair, replace and maintain a roadway, and appurtenances, drainage ditches and
facilities, and overhead and underground public private utilities" (the "Easement"),
D, The legal description of the Easement in the Grant of Easement is incon-ect insofar as it refers to
the "Northwesterly" comer of the Property as the point of beginning (which results in the
Easement not being adjacent to any County road), and it should have referred to the
"Southwesterly" comer of the Propeliy as the point of beginning (which would result in the
Easement being adjacent to a County road),
E, Friedberg and the County desire by this Amendment to amend the Grant of Easement to correct
the location of the Easement and to make certain other amendments to the Grant of Easement as
set fOlih in this Amendment.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the PaJiies agree as follows:
I, Relocation of Easement. The description of the location of the Easement on page one of
the Grant of Easement which states "Beginning at the Northwesterly corner of said Lot 2, the pomt of
beginning"," is hereby deleted and replaced with the following:
"Beginning at the Southwesterly corner of said Lot 2, the point of beginning"."
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TIle description oftbe location of the Easement is otherwise unmodified,
2, The Grant of Easement, as amended hereby, remains in full force and effect
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the day and
year first written above.
'd of County Commissioners of Pitkin County, Colorado
By -Yf1 Uy/tn /
Print Name: r t<>rll<lf'<. c-~r'" t"'N-D 1-)--)-eG
Title: Ck",R.
State oft\e"N,'rl.c )
)ss,
County of \-.\.ew '1/)~ )
The foregoing Agreement was acknowledged before me this;u:t'day of 3u' \ I
2006 by Bany S, Friedberg, I
My commISSIOn expIres:
WItness my hand and official seal O.f, j,':;"
Notary ~blic
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ALEXI8 DE8lUONE
NOTARY PUaIC..... of New 'lI:lllc
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State of "(,,, \ o~<v,tO
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t.e owledged before me this~ day Off;
l(cl V " of the BoardACou Co
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County ot.~;_\:\:\.\1'\
The foregoing Agreement wa
2006 by,rY! Z;f/.t;'U-llh as
Pitkin County, Colorado.
missioners of
My c01umission expires:
Witness my hand and official seal.
,
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526872
J~NICE K VOS CAUDILL PITKIN COUNTY co
Page: 4 of 4
07/26/2006 02: 091
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RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
Chris LaCroix
Garfield & Hecht, P.c.
601 East Hyman Avenue
Aspen, CO 81611
AMENDMENT TO GRANT OF EASEMENT
4
This Amendment to Grant of Easement (this "Amendment") is made this~ day of July 2006
between BARRY S. FRIEDBERG ("Friedberg"), whose address is 142 E. Reds Road, Aspen, Colorado
81611 and PITKIN COUNTY, COLORADO (the "Countv"). Friedberg and the County are collectively
refelTed to herein as the "Parties" and individually as a "Party".
RECITALS
A. Friedberg is the owner of certain real property in Pitkin County, Colorado legally described as:
Lot 2, Block 1, Red Mountain Ranch Subdivision, according to the Plat thereof recorded
December 15,1966 in Plat Book 3 at Page 114 (the "Property").
B. The County is the beneficiary of that certain Grant of Easement dated September 8, 1981
recorded in the office ofthe Clerk and Recorder of Pitkin County, Colorado on November 3,
1981 in Book 416 at Page 83 1 (the "Grant of Easement").
C. The Grant of Easement provides for a perpetual easement over, under, along, across and through
a portion of the Property more particularly described in the Grant of Easement as being "adjacent
to the County road" for "public access, together with the rights to install, construct, reconstruct,
excavate for, repair, replace and maintain a roadway, and appurtenances, drainage ditches and
facilities, and overhead and underground public private utilities" (the "Easement").
D. The legal description of the Easement in the Grant of Easement is inCOl1'ect insofar as it refers to
the "Northwesterly" comer of the Property as the point of beginning (which results in the
Easement not being adjacent to any County road), and it should have referred to the
"Southwesterly" comer of the Property as the point of beginning (which would result in the
Easement being adjacent to a County road).
E. Friedberg and the County desire by this Amendment to amend the Grant of Easement to COlTect
the location of the Easement and to make certain other amendments to the Grant of Easement as
set fOlih in this Amendment.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
1. Relocation of Easement. The description of the location of the Easement on page one of
the Grant of Easement which states "Beginning at the Northwesterly corner of said Lot 2, the point of
beginning..." is hereby deleted and replaced with the following:
"Beginning at the Southwesterly comer of said Lot 2, the point of beginning..."
111111111111I111 1111 II ~~~~:;~:2 : 091
JANICE K VOS CAUDILL PITKIN COUNTY co R 0.00 00.00
The description of the location of the Easement is otherwise unmodified.
2. The Grant of Easement, as amended hereby, remains in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the day and
year first written above.
d of County Commissioners of Pitkin County, Colorado
By: ~ aI/in /
Print Name: r I i;-I.t<t'""l.- cf(rr:- LAv1.r-l) 1. ')-j-er;
Title: C k "",e.
State of ~e"N" rll- )
)ss.
County of \-leu) 'II)~ )
The foregoing Agreement was acknowledged before me this.;uf'day of 3u' I J
2006 by Barry S. Friedberg. I
My commission expires:
Witness my hand and official seaI.O/-,;;;
Notary ~bliC
State of.-&(}\O~:O )
)ss. ,':;
County ot..~~.\\~Wx ) ~ n
Tho fm.'ll"io, Agre=~l w'H')mowkd,od bofmo ffiO lhiJ;.' day dl~'
2006 by .n; .L.l'Jc;Lktrh as U..{,u,;,.( r 144C<-1A-./ ofthe Boa~~Cou Co
Pitkin County, Colorado. ( , .
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AL&XI8 DI8MlNE
NOTARY PUaIC. _Ill New Yoltc
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My commission expires:
Witness my hand and official seal.
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Page: 4 of 4
07/26/2006 02:091
JANICE K vos CAUDILL PITKIN COUNTY CO R 0.00 0 0.00
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526872
2
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RECORDING REQUESTED BY:
WIIEN RECORDED RETURN TO:
Chris LaCroixr~~~$7~
Garfield & Hecht, P.C. Page : 1 of 2
601 East Hyman Avenue 07i2siz00s @z :1 t~
ASpen, CO 81611 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D @.00
AMENDMENT TO GRANT OF EASEMENT
This Amendment to Grant of Easement (this "Amendment") is made this~~day of July 2006
between BARRY S. FRIEDBERG ("Friedberg"), whose address is 142 E. Reds Road, Aspen, Colorado
81611 and PITKIN COUNTY, COLORADO (the "County"). Friedberg and the County are collectively
referred to herein as the "Parties" and individually as a "Party".
RECITALS
A. Friedberg is the owner of certain real property in Pitkin County, Colorado legally described as:
L,ot 2, Block 1, Red Mountain Ranch Subdivision, according to the Plat thereof recorded
December I5, 1966 in Plat Book .3 at Page 114 (the "Property").
B, The County is the beneficiary of that certain Grant of Easement dated September 8, 1981
recorded in the office of the Clerk and Recorder of Pitltin County, Colorado on November 3,
L 981 in Boolc 416 at Page 83 I (the "Grant of Easement").
C. The Grant of Easement provides for a perpetual easement over, under, along, across and tlu•ough
a portion of the Property more particularly described in the Grant of Easement as being "adjacent
to the County road" for "public access, together with the rights to install, conshuct, reconstruct,
excavate for, repair, replace and maintain a roadway, and appurtenances, drainage ditches and
facilities, and overhead and underground public private utilities" (the "Easement").
D. The legal description of the Easement in the Grant of Easement is incorrect insofar as it refers to
the "Northwesterly" corner of the Property as the point of beginning (which results in the
Easement not being adjacent to any County road), and it should have refen-ed to the
"Southwesterly" corner of the Property as the point of beginning (which would result in the
Easement being adjacent to a County road).
E. Friedberg and the County desire by this Amendment to amend the Grant of Easement to correct
the location of the Easement and to make certain other amendments to the Grant of Easement as
set forth in this Amendment.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby aclalowledged, the Parties agree as follows:
1. Relocation of Easement. The description of the location of the Easement on page one of
the Grant of Easement which states "Beginning at the Northwesterly corner of said L,ot 2, the point of
beginning..." is hereby deleted and replaced with the following;
"Beginning at the Southwester°ly corner of said L,ot 2, t11e point ofbeginning..."
,~]~~$~~
Page: 2 of 2
07/26/2006 02:191
JANICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
The description of the location of the Easement is othel-wise unmodified.
2. The Grant of Easement, as amended hereby, re9nains in frill force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the day and
year first written above.
Commissioners of Pitkin County, Colorado
BY: . ~v~~
Print Nalne: ~ ~ c-'I kt'L L . ~~~ d.an~~ ~_~.5 -CC--
Title: C l,. h~~
State of ~ , ~ )
)ss.
County of u w ;.~ )
The foregoing Agreement was aclalowledged before me this~~day of Sub ~~ ,
2006 by Bany S. Friedberg.
My commission expires: Kp(~g p~p~
Witness my hand and official seal. - HdfAiiY~ ~
Notary P Iblic ~i~N^~Ir~
State of~,~, c\a'~~si4,~0 )
)ss. ; ,. .
C0t111ty Of~'~'~~{Z~1n )
~t, . ( ,~
Y ~i~«' ~~
The foregoing Agreement wa c~ZOwledged before me this` d y a~f
2006 by ~1 _ Zjq ~'/,(~1 j, as ~ C 1. Ct ~ ~` ; ~t i of the Board~af Cou%y Co lnissioners of
Pltkln County, Colorado.
My commission expires:
Witness my hand and official seal
• Maly Public
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