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HomeMy WebLinkAboutbocc.ord.012.2006 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING THE SALE OF THE ASPEN MASS PROPERTY TO THE CITY OF ASPEN ORDINANCE #()i-J.- -2006 RECIT ALS 1. Pitkin County and the City of Aspen jointly own the following interests in real property (hereinafter the "Property") as follows: Lots 1,2 and 3 and FP-2, Aspen-Mass Ranch Subdivision, according to the Plat therofrecorded May 10, 1989 in Plat Book 22 at Page 53, Final Plat Amendment recorded July 28,1992 in Plat Book 29 at Page 46, and Second Amended Final Plat recorded October 14, 1994 in Plat Book 35 at Page 62, FP-2 as adjusted by Lot Line Adjustment Plat recorded in Book 44, Page 42, County of Pitkin, State of Colorado; Together with water rights identified in the quit claim deed dated February 3, 2006, reception number 413245. (hereinafter collectively referred to as the "Aspen Mass Property"). 2. The City of Aspen has approved the acquisition ofthe Aspen Mass Property as City open space, authorizing the payment of $600,000 to Pitkin County for its interest in the Aspen Mass Property. 3. All development rights on the Aspen Mass Property were severed as a result of Board of County Commissioner Resolution # 34-2006. Pitkin County received Certificate of Transferable Development RightS~!l:-}\j~WhiCh is a County housing fund asset. It is intended that this certificate either be sold, 1\-p""r~&eds going to the County Payment in Lieu of Housing fund, or be used in connection with a County housing project in the future. 4. The Aspen Mass Property was originally acquired by the City and County for potential affordable housing development and has subsequently been determined as inappropriate for such development. 5. It is in the best interests of the citizens of Pitkin County to sell the Aspen Mass Property to the City of Aspen for open space so that it may be restored to its historic agricultural use or returned to its natural state. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that: 1111111111111111111I1 111111 ~:~~ ~:~! ~4 09F JANICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 3 I' y rl',-!<6-({,. SCc' - I/~ Ordinance mJii-2006, page 2 of 2 1. the County's interests in the Aspen Mass Property shall be sold to the City of Aspen for open space for $600,000.00, the proceeds to be deposited in the County's Payment in Lieu of Housing Fund; 2. the Chair is authorized to execute all deeds and other documents necessary to finalize the transaction, provided any deeds or other documents are first approved as to form by the County Attorney; and 3. the original Certificate of Transferable Development Rights issued to the County in connection with the Aspen Mass Property shall be maintained by the County Attorney's office pending further direction of the Board. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 12TH DAY OF APRIL, 2006. NOTICE OF PUBLIC HEARifG PUBLI~D IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE /6- DAY OF 7'4(AJ..~, 2006. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 26TH DAY OF APRIL, 2006. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE ~ DAY OF AiffiI, 2006. /f! ~r ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO / ./ :, j twt(( Jeanette Jones Deputy Clerk JA 1. . . rILL 1.-/ ,b Michael C. Ireland, Chao Date: "-J-Z1~ D6 APPROVED AS TO FORM: -.:J. /' John Ely / CountyA~ <1-..____ /" i44/ er Smith Pill # 264321101801; 264321101802; 264321101803; 254321101804. f} ~, " 4. Roco<ded at Reception No. o'clock _ M., ReCOJder. THIS DEED, Made this be,,,,,,,, Board of County County, Colorado day of May ,;,.200.6 Commissioners of Pitkin )vtJ ( ollsj~o- =---:1 I II [I II II I II I II II rr---- I SPECIAL WARRANTY DEED Coumy of Pitkin oft\le . State of Colorado, grantot(s), and The City of Aspen, a Colorado municipal corporation whose legal address is 130 South Galena home rule oflbe Ci ty of Aspen WITNESSETH. That the grantor(s), for and in consideration of the sum of County of pitkin ,State of Colorado, grante:e(sl: the receipt IUld sufficiency ofwbich is hereby acknowledged. ha 5 bargain. sell, Convey and contino. unto the grantee(sl. if any, situate, lying and being in the described as toUO'W"s: $600,000.00 DOlLARS, granted, bargained. sold and conveyed. and by these presents do grant, heirs and assigns forever, all the real property, togelher with improvements, County of Pi tk in , State of Colorado, Lots 1, 2 and 3 and FP-2, Aspen-Mass Subdivision, according to the Plat therof recorded May 10, 1989 in Plat Book 22 at Page 53, Final Plat Amendment recorded July 28, 1992 in Plat Book 29 at Page 46, and SEcond Amended Final Plat recorded October 14, 1994 in Plat Book 35 at Page 62, FP-2 as adjusted by Lot Line Adjustment Plat recorded in Book 44, Page 42, County of Pitkin, Stat of Colorado \111\\\ 11111 mIl 1111 11I1I1 18\\11181 \~ 111111111 ~Il ::~~ ~~:1 ~9. 271 JANICE\( vos CAUDILl.- PITlC.IN COUNTY CO R 6.00 D 0.00 " .' , Ii , II II , II' TOGETHER with all and singular the hereditaments and appurtenances Ihcrt:to belonging, or in anywise appertaining, 8.I\d the reversion and \ n=versions, remainder and remainders. renls, issues and profils thereof; and all the estate, righl. title, interest. claim and demand what~er of the I gntntor(sl, either in law or equity, of, in and to the above: bargained premises. wilh the heuditaments and appurtenances; I TO HAVE AND TO HOLD the ~id premises above bargained and described with the: appurtenances, unto the grantee(s), heirs and assigns ,forever. The grantor(s). for its sel f ,i t S heirs and personal representatives or successors, do cOve'nant and agree that ! J 1. t shall and will WARRANT. AND FOREVER DEfEND the atmve.oargained premises in the quiet and peaceable possession of the BI'311Iee(s), its heirs and assigns. against all and every person or pers.ons~laiming the whole or flny part thereof, by, tbrough Or under the granIOl1s). IN WITNESS WHEREOF, the gtanlons) ha S elf.e<:uted this deed on the date ~t forth above. also known by street and nv.mber as: It "IH.~/#r-/7~ '>(.. STATE OF COLORADO } " 17..n- l30cc day of /117/ 'i , IV;1,C0611 /! Coun,yof PITKIN 'J'hO ~ j~strument was acknowledged before me this ,t~ "Y:::::"~~:-LAND, c. i+A~t!..f~2.so,<.J , ........,." ~ ~' ,,\_i , '1,'-:'1' \ . \.P'f.}CUG/c\ ' :"-.'" ...~": \'.' '''01'.'''''_'.'\" '~I...,.i'" Witness my hand and official seal. My commi.ssion e"pires l'..":fC1'Jr . . .&plIII o &~ lar:H (, . . ;.(~ iV NOIary ic 1 :1_ 'Ifi. Denver. in",,, "City and." 1 ,I _.--JI "'~ .." ~) No. 16. Rev. 3-85. SPECIAL WA..RR.A..NTY DEED Bradford Publlwillg, '82S W. 6t/1 ^~.. Wcwood. CO IIlt214 ~ (303) 233 6900