HomeMy WebLinkAboutpitco.ost.baldwin.warranty.518693
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 21.00 D 0.00
SPECIAL WARRANTY DEED
THIS DEED dated this QlO1!L day of December, 2005, is between SMUGGLER
MOUNTAIN LLC, a Colorado limited liability company, of the County of Pitkin and State of
Colorado, "Grantor," and the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
OF PITKIN, COLORADO, whose legal address is 530 Main Street, Aspen, Colorado 81611, of
the County of Pitkin, State of Colorado, "Grantee."
WITNESSETH, that Grantor, for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm unto 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:
THE B&M PATENTED LODE MINING CLAIM, U.S.M.S. 5304, according to
the United State Patent thereof recorded in Book 136 at Page 261 of the real
property records of Pitkin County, Colorado
TOGETHER WITH all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders,
rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand
whatsoever of Grantor, either in law or 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 Grantee, its successors and assigns forever. Grantor, for itself, its successors
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 Grantee, its
successors and assigns, against all and every person or persons claiming the whole or any part
thereof by, through or under Grantor, subject to those matters set forth on Exhibit A attached
hereto and incorporated herein by this reference.
IN WITNESS WHEREOF, Grantor has executed this Deed on the date set forth above.
{SIGNATURES ON FOLLOWING PAGE]
518693
TRANSFER DECLARATION RECEIVED 12/20/2005
6591\4\952800.1
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SMUGGLER MOUNTAIN LLC
a Colorado Limited LiabDity Company
BY:~I r~)~
Title: Richard Edwards, Manager
STATE OF COLORADO )
)ss
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this ,(7 1;-1 day of
~~ - 2005, by Richard Edwards as Manager of Smuggler Mountain LLC, a
Colorado limited liability company, as Grantor.
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WITNESS my hand and official seal.
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JANICE ~ VOS CAUDILL PIT~IN COUNTY CO R 21.00 D 8.00
6591\4\952800.1
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A~Y:
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Patty KaY-Clapp~, chair!Lfft
Pitkin County Board of County Commissioners
STATE OF COLORADO )
) <s,
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this ~O"'" day of
'0t-c~"(\ 'n:..(' 2005, by Patty Kay-Clapper as Chair of the Pitkin County Board of County
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J~NICE K VOS CAUDILL PITKIN COUNTY CO R 21.00 D 0.00
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 21.00 D 0.00
EXHIBIT A
TO
SPECIAL WARRANTY DEED
I. 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, encroaclunents, any facts
which a correct survey and inspection of the premises would disclose and which are not
shown by the public records.
4. 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.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records or attaching subsequent to the effective date hereof but
prior to the date the proposed insured acquires of record for value the estate or interest or
mortgage thereon covered by that certain Commitment for Title Insurance No.
PCTl9899F with an Effective Date of July 7, 2005, issued by Pitkin County Title, Inc., as
agent for Fidelity National Title Insurance Company.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water
or sewer service or for any other special taxing district.
7. The premises hereby granted. with the exception of the surface, may be entered by the
proprietor of any other vein, lode or ledge, the top or apex of which lies outside of the
boundary of said granted premises, should the same in its dip be found to penetrate,
intersect, or extend into said premises, for the purpose of extracting and removing the ore
from such other vein, lode or ledge as reserved in United States Patent recorded in Book
136 at Page 261.
8. An undivided 50% of all minerals in the subject lands, as set forth in instrument recorded
April 17, 1970 in Book 484 at Page 849, and any and all assignments thereof and in
instrument recorded November 14, 2000 as Reception No. 448776.
9. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No.
042-2000, Series of 2000 by Board of County Commissioners recorded October 10, 2000
as Reception No. 447766.
10. Terms, conditions, provisions and obligations as set forth in Lease recorded
November 21,2000 as Reception No. 449079.
11. Lack of a right of access from the land to any open public, road, street or highway.
12. Provisions of existing building, zoning, and use control laws.
13. Terms, conditions, provisions, obligations and all matters as set forth in Deed of
Conservation Easement in Gross, Smuggler Mountain B&M Claim, made by Smuggler
Mountain LLC, a Colorado limited liability company for the benefit of~en Valley
Land Trust, a Colorado nonprofit corporation, and recorded on Decemb , 2005 as
Reception No. 5..1~(OqJ .
6591 \4\952800,)