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MEMORANDUM
TO:
Board of County Commissioners
Regular Meeting - October 24, 2007
Cindy Hoube~k-m~~ity Development Director
THRU:
FROM:
Suzanne Wolff, Senior Planner'
RE:
F Pan LLP Request for Constrained Site TDR
REQUEST: The Applicant submitted a request pursuant to Sec. 6-70-40.a.7 of the new Land Use Code for
the BOCC to make a determination as to whether the parcel is "undevelopable or severely restricted" in order
to obtain one TDR in exchange for preservation of the parcel. The Applicant originally requested three
TORs, but revised that request to one TDR.
APPLICANT: F Pan LLP
LOCATION: Off of Lime Creek Road; Fryingpan area
ZONINGILOT AREA: The parcel contains 6,225 square feet, and is a nonconforming size parcel in the
AR-1O zone district (pursuant to BOCC Ordinance No. 009-2000) and the Frying Pan Valley Overlay.
BACKGROUND: The parcel is undeveloped. It is surrounded by a parcel (owned by Lime Creek Colony
LP) that contains a small cabin. The Lime Creek Colony parcel and the other adjacent, nonconforming
parcels were all as small as the subject parcel at one time, but have utilized lot line adjustments to increase the
size oftheir parcels (acquiring land from the surrounding larger Dearhamer parcel). The parcels range in size
from approximately 0.4 to 5.4 acres. All of the other parcels are developed with small houses ranging from
572 to 1,452 square feet (per the Assessor).
The Applicant purchased the parcel in 1999 for $] 0,000.
REFERRALS: Comments from the Fryingpan Caucus and Environmental HealthlNatural Resources are
attached for reference. The Caucus voted unanimously to support the request. Letters of support from
neighbors Robert Justman and Thomas Dlugos are also attached.
PROCESS: The BOCC shall make a determination whether the proposed preservation site is
undevelopable or severely restricted under the Pitkin County Land Use Code. If there is a determination
that that the property is not developable, the BOCC shall determine that principles of equitable mitigation
merit the issuance of a TOR.
CRITERIA FOR CONSTRAINED SITE TORS: Section 6-70-40.a.7 ofthe Code provides the
following criteria:
:Y The lot or parcel shall be located in a zone district other than the RR, TR-1, TR-2, VR, VC, SKI-REC,
MHP, AH, AH-PUD, RS-G, B-1, B-2, P-J, T, PUB, J, U or AC-REC-2 zone districts; and shall be
undevelopable or severely restricted pursuant to this Land Use Code.
:Y The determination that a property is constrained pursuant to this section is merely a procedure to
allow the Board to consider granting a TDR(s) at the request of a proper(v owner, and shall not be
considered afinal decision as to the beneficial, productive, and/or economically viable uses that may
be available to the property.
The parcel is in the AR-I 0 zone district, which is not included in the list above.
APPLICANT'S POSITION: The Applicant asserts that the site is severely restricted, based on the
following:
.
The inability to provide the State mandated 100 feet of separation between a well and septic system.
The property is located on a consistently steep hillside with slopes in excess of30%.
An "Elk Production Area" is located within 600 feet of the property, and there is an "Elk Migration
Route" near the property.
The wildfire hazard is presumed to be moderate.
The property's remote nature and steep, primitive access limit emergency access and prolong fire
response time.
Required improvements to the driveway "be inappropriate as they would run counter to the character
of the area."
.
.
.
.
.
STAFF COMMENTS: Staff finds that the site is developable pursuant to the Land Use Code, based on
the following:
;Y Well/Septic Separation: The Applicant states that the parcel is approximately 83' by 75', and, therefore,
that the required 100' well and septic system separation cannot be met. Carla Ostberg with
Environmental Health and Natural Resources states, "There is insufficient information in this application
to address every potential alternative available to the applicant with respect to a water supply or an onsite
wastewater treatment system. There appear to be options for development that have not been explored."
She notes that the County has allowed hauling of water to a residence, and suggests that the Applicant
should explore this alternative to drilling a well. In addition, Mrs. Ostberg notes that it may be possible
for an onsite wastewater treatment system to serve a residence on the property, depending on the size of
the residence, number of bedrooms and the soil properties.
:Y Slopes: The Applicant asserts that the parcel is comprised of slopes in excess of 3 0%. No topographic
information has been provided. Based on the 10 foot contours available in GIS, it appears that the slopes
are in the 25-30% range. [fthe Applicant were to demonstrate that the parcel was comprised entirely of
slopes in excess of 30%, development could be approved pursuant to Code Sec. 7-20-20(c)(I), which
allows development on slopes in excess of30%, ifthere is no alterative building site available on slopes
ofless than 30%.
:Y Wildlife: The parcel is within mapped elk winter range; the Code permits development within winter
range, subject to mitigation. The parcel is not within a mapped elk production area, where the Code
prohibits development, but is within 600' of a mapped elk production area. The BOCC recently
(10/2/07) amended Sec. 7-20-70.d of the Land Use Code to require a minimum Y. mile (1,320 foot)
buffer between any building or structure and ungulate (bighorn sheep, mule deer and elk) production
areas, "if development is approved adjacent to ungulate production areas." Sec. 7-20-70.d, General
Buffer Standards, states, "Structures located near wildlife habitat shall comply with the following
standards for maintaining buffer distances, unless... (ii) the parcel in question is too small to
accommodate the required buffers, in which case the buffers shall be provided to the maximum extent
practicable." Staff asserts that the Code does not prohibit development within a buffer area, and that the
buffer would be maintained to the "maximum extent practicable" given the size and location of the
parcel. Staff would also note that the adjacent residences are located within the 'I. mile buffer. The
2
supplemental application information was referred to the Division of Wildlife, but comments were not
received to include in the packet.
It is staff's opinion that the lot is developable, pursuant to the Pitkin County Land Use Code, and,
therefore, should not be eligible for a TOR.
CONSTRAINED SITE TDR TALLY: As of December 1,2006, the BOCC had issued 18 constrained
site TDRs (including 3 visually constrained site TDRs). Since December 1,2006, the BOCC has issued an
additional 19 constrained site TORs, for a total of 37.
STAFF RECOMMENDA nON: Staff recommends that the BOCC find that the parcel is developable
and, therefore, not eligible for a TOR, pursuant to the attached Resolution.
Attachments
A. Fryingpan Caucus
B. Environmental Health/Natural Resources
C. Robert Justman
D. Thomas Dlugos
Application and Supplemental Information provided separately
. Ms. Wclffis a professional planner with Ii Bachelor's degree in Urban Studies from the University ofJ>ermsylvania and is Ii member of tile American Institute of Certified Planners. Ms. Wolff
has worked for the Asperv'Pitkin County Community Development Department for ] ~ years, and as a Planner/Senior Planner within that department for 11'/> years In her planning posltioll, Ms
Wolff has reviewed lTLlmerous land use applicalions plJr.ruanllo!m- PUkin Counly Land Use Code
3
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, DENYING A REQUEST BY F PAN LLP TO OBTAIN ONE CONSTRAINED
SITE TOR
Resolution No. -2007
RECITALS
I. F Pan LLP ("Applicant") has applied to the Pitkin Board of County Commissioners ("BOCC") for a
constrained site determination and issuance of one Transferable Development Right ("TOR")
pursuant to Sec. 6-70-40.a.7 of the Land Use Code ("Code").
2. The parcel is located off of Lime Creek Road in the Fryingpan planning area, and is more specifically
described in Exhibit A.
3. The parcel contains 6,225 square feet, and is a nonconforming size parcel in the AR-IO zone district
(pursuant to BOcC Ordinance No. 009-2000) and the Frying Pan Valley Overlay.
4. The BOCC reviewed the request for a determination as to whether the site is "undevelopable or
severely restricted" and, therefore, whether it would be appropriate to grant one constrained site TOR
at a duly noticed public hearing on October 24, 2007, at which time evidence and testimony were
presented with respect to this application.
5. The BOCC finds that the lot is developable pursuant to the Code, based on the following:
A. The Applicant asserts that the parcel is comprised of slopes in excess of 30%. No topographic
information has been provided. Based on the 10 foot contours available in GIS, it appears that the
slopes are in the 25-30% range. If the Applicant were to demonstrate that the parcel was comprised
entirely of slopes in excess of30%, development could be approved pursuantto Code Sec. 7-20-
20(c)(l), which allows development on slopes in excess of30%, if there is no alternative building
site available on slopes ofless than 30%.
B. The parcel is within mapped elk winter range, where the Code permits development, subject to
mitigation.
C. The parcel is not within a mapped elk production area, where the Code prohibits development, but
is within 600' of a mapped elk production area. Sec. 7-20-70.d.7 of the Land Use Code requires a
minimum y,. mile (1,320 foot) buffer between any building or structure and an elk production area,
"if development is approved adjacent to ungulate production areas." The Code does not prohibit
development within a buffer area, and the buffer would be maintained to the "maximum extent
practicable" given the size and location of the parcel.
D. There are existing residences on adjacent parcels.
6. The BOcC finds that the lot is not eligible for issuance of one TOR for a constrained site.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Pitkin
County, Colorado, that it hereby denies the F Pan LLP request for one constrained site TOR.
Resolution No. -2007
Page 2
DENIED ON THE 24th DAY OF OCTOBER, 2007.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jeanette Jones
Deputy Clerk and Recorder
By
Michael Owsley, Chair
Date
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
;k,UI\AI C~Jla ~d tt
Ci uben
Community Development Director
John Ely
County Attorney
PID#247317200008
Case PI 02-07
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IF
MEMORANDUM
To:
Suzanne Wolff, Planning Department
From:
Carla Ostberg, Environmental Health & Natural Resources
Department
Date:
August 6, 2007
Re:
F Pan LLP TDR Constrained Site, (Case P102-07; PID 2473-172-00-
008
-------------------------------------------------
-------------------------------------------------
SUMMARY OF RELEVANT PARTS OF APPLICATION: The applicant is requesting TORs for
a parcel of land, zoned R-30. The parcel is roughly 75 feet by 83 feet. The concern is that the
site does not allow for the required 100 foot separation between a well and an onsite
wastewater treatment system absorption field, making the parcel inadequately sized for
development.
DISCUSSION: The Pitkin County Environmental Health & Natural Resources Department has
reviewed the details of the F Pan LlP TOR application under the authority of the Pitkin Countv
land Use Code and the Pitkin Countv ISDS Requlation and has the following comments.
On August 1, 2007, Carla Ostberg conducted a site visit to the property with Jerome "Sarge"
Whalen. The property is vacant. There is an existing cabin on the adjacent property; however,
there is no record of the septic system that serves the cabin in this Department.
There is insufficient information in this application to address every potential alternative
available to the applicant with respect to a water supply or an onsite wastewater treatment
system. There appear to be options for development that have not been explored.
--- WATER SUPPLY:
Although drilling a well would be the most commonly accepted form of obtaining water for a
residence such as this, the County has also allowed, and has established guidelines for hauling
in water to serve a residence. Given the development constraints that exist on this property,
hauling in water should be explored. Any water storage tanks must be located within the
approved development envelope and located in accordance with the Pitkin County ISDS
Regulation.
--- SEWAGE TREATMENT AND COLLECTION:
It may be possible for an onsite wastewater treatment system to serve a residence on
this property, depending on the size of the residence, number of bedrooms, and the soil
properties. The water supply ultimately obtained for the property would also need to be
considered.
Pnnl,'d"nRp,)',-],'dPap"r
1
All onsite wastewater treatment systems installed within Pitkin County require Septic System
Permits issued by the Environmental Health & Natural Resources Department, and must
comply with the County's IS OS Regulation. The County cannot issue a Building Permit until a
Septic System Permit has been obtained.
2
PrinlE'dnllT<E'cyclE'dPapcr
8/24/2007
Pitkin County Commissioners
%Suzanne Wolff
130 S. Galena St.
Aspen. CO 81611
Dear Commissioners.
I am writing to voice my support for my neighbors IF. Pan LLP) request for a TOR. I and
others in the area think it is a great opportunity to eliminate one more home from the
area. This would be in keeping with the Frying Pan master plan and would also be a
step toward the RS 30 zoning in this area. What better way to preserve the rural nature
of the area by having less development. Please support this request.
Respectfully, ~
~~vt-r'0
Robert Justma
---------
THOMAS P. DLUGOS. M.D.
309 EAST ESPANOL..A STREET
COLORADO SPRINGS, COLORADO e0907
TELEPHONE 47' 7252
September 04, 2007
Pitkin County Commissioners
Attn: Suzanne Wolff
130 S. Galena St.
Aspen, CO 8161 I
To Whom It May Concern:
I have owned a cabin in the neighborhood of Lot F Pan LLP for 20 years. I understand
other neighboring property owners are requesting a TDR on this constrained site. Please
note that I support granting this TDR to discourage construction on that property which
might have a negative impact on Lime Creek
Sincerely,
& :':X.D.
Request for TDR'S
For a Constrained Site
F Pan LLP
Parcel #247317200008
Newland Project Resources, Inc.
PROJECT MANAGEMENt ,;"DBlELOPMENt AfI'IlOVALS ,;"1IlANSI'ORTATION PlANNING
RECREATION P1ANMNG ,;"ENVIRONMENtAL ANALlSIS ,;"'NfORMATION MANAGEMENT
Voice (970) 927-4645
FalC(970)927-o~
PO Box 4815. 4H ORIGINAL ROAD. BASALT. co lU621
~.net
October 16, 2007
SUzanne Wolfe
Pitkin County Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: F PAN UP TlJR CONSTRAINED SITE
Dear Suzanne:
Please accept this letter as supplemental information regarding the above referenced land
use application. The original application requested approval of three Transferable
Development Rights (hereinafter "TORs") for Constrained Sites under Section 2-40-30(b)
of the Land Use Code.
The original application was submitted to the County on July 3,2007. To summarize, the
application requested three TORs for the site, which is 6,225 square feet (0.143 acres) in
size. The application goes on to describe the lot as severely restricted due to the inability
to provide the State mandated 1DO-feet of separation between a well and a septic system
on the property.
The purpose of this letter is two-fold:
1) To revise the original request for three TORs to a request for one TOR;
2) To provide added information for the County to consider when determining if
the parcel is severely restricted pursuant to the Land Use Code.
Although not specifically stated within the Land Use Code, one can infer by the wording in
Section 6-7lHO(7)(a) that a "Constrained Site" would contain or place a direct impact
upon "Constrained Areas" as defined within the Land Use Code (Section 7-1Q-50(a)).
These areas indude:
. Areas of Statewide Interest as listed within the Colorado Revised Statues;
. Steep or potentially unstable slopes;
. Water courses, drainage channels, and areas subject to erosion;
. Aoodplain hazard areas;
. Geological hazard areas;
. Severe or low to moderate wildfire hazard areas;
. Wildlife habitat areas;
. River and stream corridors and wetlands;
. Irrigated lands for food and crop production;
. Historic preservation areas; and
. Archeological resource areas.
Upon review of available resource mapping and a close inspection of the site, there are
three of the above mentioned Constrained Areas that would be impacted by development
of the parcel:
1) Steep oF potentially unstable slopes. The property is located on a
consistently steep hillside with slopes in excess of 30%.
There are no flat areas or areas of less than 30% on the property. The
property, although accessible, would require significant grading and retaining
to successfully place a residence.
2) Wildlffe Habitat Aleas.. Recent Elk Habitat Mapping from the Division of
Wildlife shows an "Elk Production Area" located within 600-feet of the property.
In addition, an "Elk Migration Route" is shown on the mapping indicate that Elk
historically travel over and near the property, presumably on the way to obtain
water from the Frying Pan River. Although existing residences are located in
proximity to the property, any additional development could certainly impact
these critical wildlife resources.
(The latest wildlife mapping from Pitkin County GIS is shown on the next page).
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Pitkin County GIS Wildlife Map
The Land Use Code has been recently amended In designate Buffer Areas for
development around critical wildlife habitat. The new Code language reads as
follows:
(1) PRODUCTION AREA
If development is approved adjacent to ungulate (bighorn sheep,
mule deer and elk) production areas, there shall be a minimum
onEHjuarter (114) mile (1,320 foot) buffer between any building or
structure and production areas.
According In the recently adopted wildlife mapping, the property is located
about 526-feet (l/lOtiI of a mile) from a mapped elk production area. As such,
we feel that transferring development off of this property is consistent with the
objectives of the Land Use Code regarding protection of critical wildlife habitat.
Kelly Wood of the Division of Wildlife has been requested In submit comments
on the potential benefit In the elk production area of sterilizing this parcel from
development. No comments were received from Kelly as of the date of this
letter.
3) Sen~1e or Low to /IIoderam Wildfile HaziurJ Ara:u: The existing
vegetation surrounding the property consists of tall grasses, sage, and Spruce
and Aspen trees. Although the property may not be appropriate for
classification as a Severe Wildfire Hazard Area, the vegetation and steep slopes
present on the site would certainly categorize it as a Moderate Wildfire Hazard
Area. The property's remote nature and steep, primitive access also limit
emergency access and prolong fire response time. (Ume Creek Road is
designated within the QLow Service Area" and is dassified as a "County Access"
Roadway under the Pitkin County Road Standards.)
In addition to the Constrained Areas evident on and around the property, two other
factors should also weigh in towards the County's consideration of the parcel as a
Constrained Lot.
. The Frying Pan Caucus unanimously supported the application based on the
determination that it conforms to the following Goals and Objectives of the Frying
Pan Valley Master Plan. Some excerpts from the master plan that supports this
conformance are:
o "There is both broad and deep support for a strong master plan which
indudes elements designed to curb residential growth. In short, the Upper
Frying Pan Valley is one of the last areas of its kind in Central Colorado and
the majority of the residents wish it to retain its rural and recreational
character, to the maximum extent possible."
o "Pitkin County should encourage transfer of development rights" in areas of
the Upper Frying Pan valley.
. The existing residential uses in the vidnity of the property are rustic in nature.
Any development of the parcel would result in off-site improvements that would be
inappropriate as they would
run counter to the character of
the area. For example, the
existing two-track access road
to the property (as shown
here) would require upgrading
to a 16-foot all-weather
surface for fire access. In
addition, the steepness of the
existing drive would also need
to be addressed.
In condusion, we are asking the County to determine this parcel as a Constrained Site
pursuant to the Land Use Code and approve the severing of the development rights from
the property in the form of one (1) Transferable Development Right. We believe that the
criteria present on the site warrant a condusion that the property is severely resbicted for
development. These criteria indude its dose proximity to critical wildlife habitat; the
steep slopes that cover the entire property; the wildfire hazard and poor emergency
access present; the inability to obtain 100-feet of separation between a well and a septic
system; and the impact to the surrounding rustic or back country character that
development on this property would necessitate.
I am requesting TDRs for a parcel located up the Frying Pan off of Lirne Creek Road.
The zoning is RS-30 in the Frying Pan Valley Overlay district. The parcel is roughly 75
feet by 83 feet. State statute requires 100 foot separation between well and septic. This
site does not allow for the required separation and there is no community water or sewer
available. The site was legally created as indicated in the enclosed chain of title. There
are no other prior approvals or permits.
Section 2-40-30(b)
Approval ofTDRs for Constrained Sites
This site is a constrained site because it is unable to rneet the requirement of the one
hundred foot separation of the well and septic. The site itself is only roughly 83' x 75'.
See attached plat.
Section 6-70-40(a)(7)
Criteria for Constrained Site TDRs
The site is not located in any of the zone districts mentioned for zone districts from which
a TDR cannot be created. It is located in Frying Pan Valley Overlay zone district
(FPVO). The underlaying zoning is RS-30.
Pitkin County Assessor/Treasurer
Search Results
Assessor/Treasurer I'roill<r~earch I Assessor Subset Quer)' Assessor Sa]e"~arch
Clerk & Recorder Reception SearclJ
Owner Name Search
fhe following parcels were selected. The records are sorted by Owner Name. To display detail information for a
selected parcel, click on the respective Account Number.
Account Number II Parcel Number
II Physical Address
R006343 II 247317200008
IlLIME CREEK RD MEREDITH
II Owner Name
II Legal Description
II F PAN LLP
SUB:M/B FRYING PAN LOT:E
SECT, TWN,RNG: 17 -8-83 DESC: TRACT IN
SEC 17-8-83 W DESC BY M/B BK 242 PG
950 BK 515 PG 233 BK 586 PG 834 BK
762 PG 290
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Stewart Title of Colorado
Roaring Fork Division
1000 Dolores Way Unit A
Carbondale, Colorado 81623
970-704-1000 ph
970-704-2050 fax
May 4, 2007
Order No.45955
Re: F Pan LLPlSection 17, Township 8 South, Range 83 West of 6th
Board of County Commissioners, Pitkin County, Colorado:
Based upon a search of the appropriate real estate records of Pitkin County,
Colorado, Stewart Title of Aspen hereby certifies that at no time since May 8,
1972 has title to any tract adjacent to the property described below, been in the
same name or names as said described tract.
See Exhibit "A" hereto and made a part hereof
This statement is neither and abstract, opinion nor guaranty of title and is
intended specifically and exclusively for the use of the Board of County
Commissioners of Pitkin County in determination of "merger of title" or lack
thereof as said "merger" relates to the applicable statues, ordinances and
restrictions of jurisdiction. It is understood and agreed that Stewart Title of
Aspen, Inc., neither assumes, nor will be charged with any financial obligations
or liability whatever on any statement contained herein.
Cordially,
-------
-
Chuck Dorn
Title Examiner
SCHEDULE A
Order Number: 45955
LEGAL DESCRIPTION
Exhibit "A"
A tract of land in Section 17, Township 8 South, Range 83 West of
the Sixth Principal Meridian, described as follows:
Beginning at a point whence the Northeast Corner of Section 17,
Township 8 South, Range 83 West of the Sixth Principal Meridian
bears North 74001'08" East2813.29 feet;
thence North 48038'27" East 74.38 feet;
thence South 35047'07" East 79.88 feet;
thence South 45050'44" West 74.28 feet;
thence North 36009'39" West 83.47 feet to the Point of Beginning.
County of Pitkin, State of Colorado.
File Number: 45'-.155
Slewnn Title of Culorado In', - A~pen Division
Attached Legal Description
Page I (If J
.
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.. ..T:~.~.~.'!.,..ll:. j{H'.~~~~~~._..._........._XllM..i' .(\~:~K {,g I .
'1,\L9SO
[-'age j58~
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:: (Pu.tp{",:;e ::f cor.;-eet:toritle.Ep1ts to state that FlUNG STAMP ~i
'.1 l'rol',n;tv I.s subjsct to covenants of record II
:1 in Book' 23.4 - PaRe 121.) 1
. Tms DEED, ]I"do thl~ ~9th dliY t.>t July I l
! 19 69 I betwem Howard I. Dearhe.mcr & E. : 1:-& l~.........
I LaVerna Dearhamer "';'0 ~
110ft!!" Ccunt,ol Pitkin andStateot! 11\
Colordo, ot the ilret part. end J. R. Bald,,,!n
I ofthto CQuntY of P:l. tkin and State 01 Colorado, of' the 8~C!ond tlntt: i 1
I'll WITNESSETB. 'l'hat tho .ald PQrly of' the flrat part, lor And in consideration of the sum of ::
TEN DOLLARS &.OTllER GOOD AND VALUABLE CONSIDERATION ~!I
to tbo sllid pArty of the flnt. part. Ie hand p.id by tbe laid party of the lI.'cond part, thtt receipt whlrfle! la hereby i I
I' ~onfel'l'('a 5lTld acknowledged, hn", granted, hllJ'g.lnoo, lIold and cOTlveyed, and I,y these pre!ll!nh dOll vant, b..1'frain, ~ ~
l l!'oll, convey and confirm,' lmto lobe lUlold pnrtl of th~ a!X!end part, hi. heirs. a.nd Bliai~ forever, .1.11 the followinG" '
I described 10t or parcel d h!!d, slmate, lying and bcinll in the I
County of Pitkin' ~idS~\l)o1.CD1Dl..d(),\(J.wl'i.: A traci: of land J.n Sect~on
117, T8S, RAJW' of the 6th P.M. described as .t'OlJ.O~IS' Beginning at a'
I(POint whence theNE corrIe'!" O.f Gecti'on 17, T8S,' R8;W, 6th P.M. bears;
IN.. 7400.1'0811 E. 281,3.29 feet;. I
) thence N. 480j8127~ E. 74;58 ie~t;
,t;henn~ S. 3.5047107lt E. 79~8a f't3l'lt:;
Ilthenoe S. 45050'411" W. 74.28 feet;
: thence N.. 36009' 39" W. 83.47 feet. to the P9int of be~inning.
"
'iTDget:her' t:.'ith the right of' 1T1_ere~.e: ;'Ind egres~,
11
II TOGETHER with 1.\11 and slngulat tho! }:I~r~tjjLWJle))ts and flppurlllnll'l\CU theleto btllongin~, Of In anywisll
I Ilppertllmlng, fU\ll the rc"~iAj()n 9nd rl!~eI1llon!l, remainder aTld relltlumlertl, nnt'. ISlIne! and l'rofj~ the-noof; and all l,
il thll estate, right., title, mt.o:l:el>t ~..1ll,\m Imd ~mand wnata01l'l1er of tbt> uld l)art}' 01 the flt'llt plrt, .eltl'ff In law
I! or equity, of, In and to tile: above bargained pmnlses, with the here.adiliments and apPUl'tennnce.s.
TO HAVE AND TO BOLn the ~lild prcmlst!. above bargained IUld described, with the atlpurtcllame.!'., Uflt." t.he,
II s~id party of the 8e.tond part, hill htlrs and 'aasigne forevt:!r, And the 81\fd party of thp. first part, for himself, hi_ heirs,
'I t!:lI:BCulor., and adminllltrat<!tIl, do'" eoveflant,. grant, bar!:"sin. and ag1'PP to and witll the said party oJ the second part, "
I his hell'S and ll.ll.ll\g!\lI, that nt. U1tl time. of- t.he enleallng nO: dellvl!r:!,,~! these j,u,..;mt.8, he 1.1 well seized of tile pnmlses
'I' abov8 l!OnvE';fed, ~I of good, l'ure, perfed, absolute and b1de!en.lllblf! estate of inhr.ritancf!, in law, In fee ~imple, .nd
I has R'bOd rill:'ht. full ptrWer anfllawful Illltborltr to gmnt, bargain, !leU and !lOUTe! the. u.ml!. in mat\l'Iet atld tl'lnn as 'I
I dare. said, Qnd that. the lI;amc. are frlJC and clear :from all former and other Krants, btlr~in!l, sales, lienll, taxes,
I as'~S8ments and eDcumb.ranccs of whatever kllld or n!lUlr!!80ever., except general. ta.xeB for . \'
. 1969, payable 1.P 1970 and subsequent years and except U.S. Patent 'J
Ilreserv~tiOn!l' ",nd except protective coven03nts recorded in Book 2J4:~
Page 1.2~.
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ST,A.'l"1!.\ 01<' COl,lJRADO
Count, (l,f GarfieJ.~
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'l'h. !oregDinll' Inltrl1ment wu a~kDowlelig~ bdoN me thl_
19th
(\&,.or July
~i' 6~_)'br"" Howard
. .):.' "" T \', .~.
. i:"Mi.~rt\~\tIl!,.pil'~1I
;:. ':" ')- .
~.~n...P~_arhflFer -& E.. LaYernet Dearnamer
January 26,
LC'.:<::r.:':;'};'
,----------~
No. 9'211.. WAlUlA"TT DeBD._I'.r PIl.I.....!.!. Ko~..,.,_B"'Uar'lll'ub1..hllll' CD., "tt.lllltoat Stlftt, Denv~f, ClIlw&dlI
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dnyof July ,1D 86
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[ -~;IIS ~~~, "MOIII! lhlR vi&' ,If
~l!lWel!n J. It. Baldwin
u
LORETT^ U^'INER
PITKIN cn RECOROER
"
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cftho;>
COUlll)'of PitkIn IInll SllllcllrClll"rllllll,lIrthe rlr3llJllrt,lInd
Jnmas N. Davies, II and ~Iatthew Cam~ran Davies
whQ,ulollllIRddrl!"R\~ c/o Hnt1haw C, Davies P. O. nox 616,
I Aspen, Colorado 81612 !J ['I,
',I onhe IdJ..JlllJrl /JrMSlllll!uf
CllIDrlldo,01rthl!U!~OIIlII'(lrtl '
111 W1TNESSETII. Tlu,l th~ ~uld IlItrl Y oflhc f1tRll"lfL, rur Ilnd In ~ollKhh!tltllon or Three Thousand and II
I no/ LOO ($3,000.00)--------- -....--------------..-------.... - ---------------- DOLLAltS
i 10 till! ~n!d IllIrt y oft!Tll (lr~tllllrt hI lllllld 11AId Ill' Jlllh/ rmrL ies uf rhl' ~l!cQll<1 flllrt, tile recl!I/lt whl'rcof]a ,I
I! hereby'~ullrl!lIl1ed 11I1I11lCklllJwlelhced.lul s I{rullte.I, hnrl:lllnl!c1,lInhl nll.1 eunv\l)'ud~nnd by lhut! prellunlll doBS !I
ii 'Krnnl, bnrKnln, ",>11, eUI1VO)' llnd confirm, unto thll lIuhl purties or lhl! IIllcund IIIIrl, theilll!lrllllo,l unlf.;'nll for. !I
I~ ever,ull tht>rolluwllll{dlO"erlbecllul url'nreel ufllllld.lIllIl1l1-~.h'11l1l'1lI1d lJ'!ll1ll'ln lhe 'I
Colttrlyof Pitkin !Ill'/ Slnll!ofCu/UflUlu. 10 wll: ~
I:. SEE EXIlIBIT A ATTACHCD HERETO ISTA~~~o~~MENrARY r.'--:I:
I I JUL 2 8 1986 ii
'Ii, iI 1$ l . 3-0 I
. ~ /~m')ill' OJ [I 7 1\'
.\ ' !~!A!#>lI{,l/J,!MI!M,IH 'I'll
I TOllP.1'Up'ltwllhnllnl1t1l1lnll'lIlnrlr!!herlldlllllllenhnllcllll'llurtetllUlcelllh\!rl!luhl!ll1rtj{IIlK,nrlnnll)'\\'llIrjlllll'er.
tlllnlnl(, 111I.1LhlO rU\'Cflllolll,nd r~l'l'r~I<lIlIl. rl!Ulullull!r nnd rl!mllhl.ler~. reub, I~~ue~ IUIIII,runLN ll1l.'rl!o(, nntl 1111 lhe
('~"'I "[;,;,: I'lIlnlt>. rhrhl, 1I111'. h.ll'rl'lIl. dllhn nn.1 c11',nllllll Whllhlll!\'l'r IIr lhll ~llhlllllrt y IIr lhl' nrgl]lIul.uILhl'r In lnw fir jl'l:i
e'IIIII)',llr,lnnn,llolhellllO\'\'bnrl{llllll'll]II'I'IIlINI!N,wlthllwhurmlilllll\unhlllldllI111llrL\!I\IH1Cl!".
I TO 1l,\\'E ,\NOTO 1I01.1J lho Nlllrl ]lrt>IIlI~I!\lllhll\'l'llUrS::lllnt'd llnd llt'Nl!rlhed with thl! 1I1'IIUrll!nlllll!l!lI, \llltu lhe
!t ~1I1.r purl les or the Nl!collll ImrL, thrdtlil!lrll nlul nl'lIlS::IlN ruri!\'l!r. Ami the "nil! IlIlrt Y or the fil'1I1 Illlrt,
i i rur him IIl!lf. hiShQlrN, l!lC.cruton. ulI,IIl"mllll~tl'l1torN, I!O es I!U\'l!lInnl, Itrnnl, hllrl{lIln. lInd l'll'ree lu IIlHl i I
[:'..,1. . - \\'Ilh lhe IIl.III[lllrt ies nrlhl' "I!eond lu'rl, theilreitN IIlhlll~"Ij.(tu, Ihllt,IIllhe tlllle ur the en~l'nllnj.( nnd ddln'n'
. .11 , ur lhelle Iln.~l!nlN. he is ""ell 1Il'I~e,1 onhe l.ruIUIIl!!" IIb,,'''o.' cnn\'ll~'\'.I, nN urlrOllll. Nure,llI.'rre...!. nl,"ulull! lItlll
"!I Inderl!lIl1lhll'llIlIIl1I!Urlnh\!rltllllcll.111Inw,lnrllI'1I1111flll!,1lIldl1lI S Il"",lrll!hl.rllllp"""t'rnlldltlllhorlt>'
! I I" j.(rltllt, hllrj.(lllll. ~~11111ll1 I1UII\'U>' lhl' I'llIn~ In Illllllller lln<l rllrlllllN lIrur~~(\hl. Itrtll1lmllhll ~IUI\" lIrl' frl'1! IUlll rll!llt
~; rrUlIl ul1 (orlller lint! olher Il;rlllltll, IlUrKuill~. Illlell, lll!n~. tIlXl'!I, 1IIlIlC'''Nnll!lIl_ nlllll'nc~lmhr"ncc~ nr \\'ll1l!lO(':'r kin,l ur
....1 ~I nutl!rll_OI!\'l'r" elCcept the 1,ien for ad valorem -taxes for the current year.
:i ra~ervations contained in the United States Patent recorded in Book S5 at page 5]7
L and tho tarms, conditions, obligations (Hld restrictions as set fot"th in the
J i'.1 ReAtrictive Covennnts rec:orcled in Dook 234 nt page 121, all refC!rcnces being to
.1,'.' 'the ra7~rd8 of the Pitl:in Count}' Clerk and Recordarfg office.
1"1<1 tlll'lIlllll'l."lmrlrullll!l]l,rell\llIe" In Ihl"IUlul unci Ifl!nCellhll! 110~K.'"~I"II"rlhl' IIllhllll,rt iea "r!lIl' ~~e"lI'llmrt.
their 1""lrll nntl ":_Ilfn~ ujtlllllAt un UIlII ""I!r)' JII!r"nu':'rlll'I'"OHK In....rnll)' ~lllIUllnl!lIr t"el"hll the' .....holl! llrUIl)'llllrl i!
therl'llr,tI">1I1.1ol1"Ht V lIhhl' nulllllrt IIhullllll,1 will W,\ltK'\~T Al'llJ FOn~:\'F.lt llt':I-'~:NlJ. 11
j i [~ WIT~~:H~ \\'lnm~:rW, Lhe IInhlllllrl y "flhl! flr"lllllrlllll s ht!rl'lllltll"l!t his Imll,1
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Thl! ("rlllrufnlllll~trumt!!ll ...."" l!t'knuwh"IKlIIl 'II'r'lrl'llIt1 thi_ .:<~ d ""~'llr July
]~ Rlj .,,~. ,'-J .it. B~\ldwin
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1I,"Jr",~ 1~,hll.hl"l. l.'I'~ \\"", "", ,\".",.H..I~'n.l'''I",,~''~II;lIl _1."1'1 :11-,1"'''_11.110
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EKHIBIT A
A tract ot Jand 1n Section 17. Township
of the 6th Y. M.. Qescribed as followsl
whence the NE corner of Section 17. TBS.
North 74"01'08" East 2813.29 feet:
-~.
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,,-
.,.
-..._'~~:-,,_...; ~' ."....
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COOK 515 PAoE234
e South. ~anqe B3 Hest,
Beq1nninq at a point
RB3W. 6t.h P,M. bears
u
thence North.4Bo3S'Z7" East 14.38 feet:
thence South 3so41'Q1""EaBl 79.8B feet!
thence South 451150'44'1 West 14.28 feet;
thence North 36"09',39" West 83.47 feet to the point of
beqinninq.
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374559 B-7&2
SILVIA DAVIS
P-290 09/Z./94 02:30P PG 1 OF J
PITKIN COUNTY CLERK & RECORDER
REC
5.0121
DOC
0.30
,
WARRANTY DEED
THIS DEED, Mld~lhlS 1st dlyof September .19 94,
~t~n Jamee M. Davies. II and Matthew Cameron Davia8
c.ountyof Pitkin
orlh~
,Stl\e~fColol'lllo,ll'In1or{$)and
Doris M. Davies
Who5cl~lIalldd~is
0771 Road 112
Carbondale, co 81623
of lhe Counlyof Gar field ,!itlle of Colorado, y-.nlft{s):
WITNESSETH, Thtlhe II'lnlor{~l, for and in consideration Qfthe sum uf Three Thousand and nollOO
($3,000.00)----------------------------------------------------------~FLS,
Ille n:cciptand 1\lllicicncy of whlcb IS hll~by adtnowledgccl, have Innled, blll1lincd, sold and ~~d, and by IIlese plaenh do
grant, barpin, sell, conyey, and con~rm, 11.010 IIle Bnml~e{i), her heirs and wigns fQfCver, a11lhc r~ll prOlltfly.loJCther ...hb
imploYemcnLs, iflny, lilllllt, lyinllnd belnl in tlte County of Pitkin . Slale- of Colorado.
dcscrihedufol101Yi: A tract of land in Section 17, TO'W11ship 8 South. Range 83 Wllst.
of the 6th P.M., described as follows: Beginning at a point wh@nce the NE
corner of Section 17, T8S, R83W, 6th P. M. bears North 74001'0810 East 2813.29
feet;
thence North 48038'2711 East 74.38 feet;
thence South 35"47'07" East 79.86 feet;
thence South 45"50'44" West 74.28 feet;
thence North 36(109'39" 'We-5t 83.47 feet to the point of beginning.
~"i'I'11W/'11V'Nrm'/'f.
IAnWf'1 sdIeduIc Ilf plMI Dumbn:
TO(iI!:TIIER wllh all and lin,ubtr the hereditalllrlils and IJIPunenances Ibcl"C'to bclonlinl, Of in anywise appeflllnins.. and the ",~i(>rl ~1K1
rlM:niom, n:mainder Ind remlin(!ef$. renu, illOUtl and pt'1>n.tltbt;reof, l1Id 11Illloe Clllte, rilht.lilk, interal, claim and d~maad ..halsotyerof
the IfUIOr(I). either in Ilw orllQuily. of, in and 10 lhe: above blrpined premiJel, ....ilh lbe hcredltlrnenlsamllppUnenancCl.
TO HAVE AND TO HOLD the said p1"m\iaes llbove blrpit'led and dl';lCribed with the IIppurlenancef, unto I"" V"nlee{l). her heit'll
IlId Inilnl forever. Anti theaanlor(sl. for them s~1 vas neirs gnd perfOllal represen....li..es, lIv l'OYtn8nt, il""'nt,
ba~in, and azn:e to and with the gnInlec(li), he rhein ind wipli, that lIthe tlme ol'thc ensealina arMl delivery oJ these PfCSents,
they are wclllcizrd ofth premilClahov~ eOllYeytd.lta ve good, sure, perfrel, absolule Bnd mdefcuibleeslaleofinlH:ma""e.
In Ilw. In fee 5imple, Inti ha ve ,cod riabt, full powcf and aUloorlly 10 IranI. barpiJl. sell and convey the same in manner and form as
aforesaid. lint! thlt the same an:: fn:e Ind c1nr from all foo-mtr and otller pms, barpms. s.k~. liens, ta,us. u$Cumenls, cncumbranl'Cl, ud
r~lrlcl;onsofwhilt~rkindor-nllUresocver,excepl exr:ept the lien for ad valore.m taxes for the
current year. reservations contained in the United States Patent recorded
in Book 55 at page 537 and the terms, conditions, obligations and restrictions
as set forth in the Restrir:tive Covenants ~ecorded in Book 234 at page 121. all
references being to the records of the Pitkin County Clerk and Recorder's office.
The arantorjs) IhallaM will WARRANT AND FOREVER DEFEND Ihe lIbovtl-barpined prmlixa in tlte quiel and peauable pO:S$e$SiQn
of IhcaranteC(II, her heirs and assilM, lIpinSl an and eytry person or penoJlli llwfully claiminllhe whole or any Plft tl\eftof
'NW1TNESSWH=~ ...,",,,,,;.~::t:":'~.~
mea M. Davies, 11 Matthew Cameron Davies
STATE OF COLORADO
..,
COllnIYOf(p~C.t
The forcgoinl inslrument was acknowledged before me thla .;J "-~ dBy of
by .JAnIe; 04,{)I\{)I(S;J:t" -i- /,,(1\-"1+&'" CAMfP:<" DAVits,
Mycommlslion upires '% po.. )~ ~
.lrinDcDYCT,llIscrt"'Cltyalld"
No. 932, Rn, 4-'.01. W"IIANl'Y DUD(For PMlBI..,h.le 1Kor.1
lradk>ni Publilhi~. IHJ WIL<< S1. Dcmoer, COlO20'.1 _ (lOll 2'12,2~ _ 4.9-t.
'::.r
NO
37455<)
SILVIA
B-762
DAVIS
P-290 09/2b/94 02:30P PG 1 OF I
PITKIN COUNTY CLERK & RECORDER
REC
5.00
DOC
0.30
I
,
WARRANTY DEED
THIS DEED, Mlldc this 1st dr.yof September .19 94;
b<:lw~('n James M. Davies, II and Matthew Cameron TIavi._e!!i
('()Unlyor Pitkin
oflht
,Slll!t of Colorado. aTanlor(11 and
Doris M. Davies
",hosc:lc&allldlbt~is
0771 Roe.d 112
Carbondale. CO 61623
oflhe (;DIInlyof Garfield ,Slate ofCoIoralSo,gl1lntee(l);
WITNESSETH. ThaI the 'Iilntorlsl. for and in eonsidmlion of th~ sum of Three Thousand and no /1 00
($3,000.00)----------------------------------------------------------Be~RS.
the r!:alipl and sufficiency ofwhkll h h~reby acttlOWledecO. have &Tanled, barpined. !IOld arod conyC)'ed. .md by Ihue prelmts do
IranI. bf,rpin, sell. convey. and c:onfi.mt. unto the Ifanlee(sl. her ht;.. and a,>>;&ns fanlyer. all 1M r~al prop<cny, l~lhllf Willi
improvemenu. if any, ~\tulle. !yinland beIng In the County of Pi tkin , Stile ofCoIor.oo.
describcdufOllI)WS; A tract of land in Section 17, Township 8 South, Range 83 West,
of the 6th P.M., described as followg: Beginning at a point whence the NE
corner of Section 17, T85. R83W, 6th p, M. bears North 74"01106" East 2813.29
feet;
thence North 48"38' '1.7'1 East 74.38 feet;
thence South 35"47'07" East 79.88 feet;
thence South 45"50144" West 74.28 feetj
thence North 36009'~ West: 83.47 feet to the point of beginning.
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TOGI:THER with .nand ~illaurar the heredilllmconts and a,pp~rl\mancellhere'o bdonllJng, or in an)'wiSt appcrlalnll\ll.. and Ihe re~trt\on Ind
revenil,lns. R:malndcr and remainders. renls. i.\oSlIu and pmfnl Iherror. i1nd ,JllhC' eUlte, tilth'. tille. mttres!. claim Ilnd dcman<l wltatWCV1:1 of
lhe arantur(~J. either in law or equity, of, in ud 10 the aboVf ba.,.lTlC'd premise.. with thf! heTl':dillm~ms and appurt('tlllnces.
TO HAVE AND TO nOLO tbe ..id premisel .boYe harpined and dcscribw with \he: appurtenmnees, Ullto the alllnlnll). her !lei"
aoo a$Sillls r~vt1' AJId lhe llranlor(~), for them selves heirsalld pe~ln.l reprelentalives, do c<;M:nant,arant.
~rpin. and qrce 10 and willi t~ lranlec(~', her htirs and LUians. that at the limt oflhe ensealins and cJeliW:ry of Ihue preleD\.s,
they are wellseiud lIfUle pRmiSCll above oolTYeyed, ha ve &QOd. sure, ,ernct, ab~tllule anI:! indefeuible estille ufin~ilAlloe.
in law. in reo: simple, and ha ve IO<><i riahl, full puwef and authority to 1I1t11. barpio.sellallc convey Ihe 511"'" in manner and form al
aforesaid, and thallhe:.arm are fret llJICl clear rronl all Tonner and other ,ralrts. harpin!, nIcs. lien!. tues. aueu.menlll. eneumbrances. and
RSlr1ctionsl,lfwhlltcycrkindorllatUR-IOCVl;T.U~tpl except the lien for ad valorem taxes for the
current yearl reservations contained in the United States Patent recorded
in Book 55 at page 537 and the terms~ conditions. obligations and reBt~ictionu
as set forth in the Restrictive Covenants recorded in Book 234 at page 121. all
references being to the records of the Pitkin County Clerk and Recorder's office.
The aramor(l) Ihdl and ",ill WA.RRANT AND FOREVER DEFEND Ihe aboYe.~rpined prcmiSC$ in lhe qulet:and peaceable posK'S$ion
ofthe aranreeh). her heirs al\d ass;lns. against all and every person Of p<cn.ans lawfully claiminll ,he whole Of any pan therrof,
INW'n<ESSWHEREQF.,..,,, .}h,Ve '''~''d''i.'::t:'':.r~~
Matthew Cameron Davies
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n,e foreloina. instrumcnl was ac:kllowlerJscd before me litis t:J r.. ~ day or
by .JAfII"" M.uAD'C<.;n:- .... MATr"I"H''''' CAMfft:fJ D/lVlss
My commluiol! c~pire' "3" ).xo. )q "6
'Irin Dtllvn,i.."ti "Cilytlld",
N.lDtec\...d...."'PonooCrn\11l.INe~YCn:sI~LeuJ
No. 931. ReY.4-94. W"RRANn' DEED IF_ f1ld,,,,n,k1~ "~I
&r.dford Publiobit\&.INl Woiet $I.. Ocomw, co 11)202 - <lOll 2n-Z:lQO- 1 ~
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WARRANTY DEED
yf~\.cJI)
THIS DEED, made thi$ 11 day of JUNE
1999, between
DORIS 11. DAVIBa
OF THE COUNTY OF GARFIELD, STATE OF CO
GRANTOR (S) AND
F. P.ARLLI'
lJRJ\NTEE(Sl
whose lega~ address is :
228 s. ani STREET, CARBONDALB, CO, 81623
COUNT'{ OF GARPIELD, STATE OF CO
WXTN3SSBTR, That for and in consideration of the sum of ten dollars
and other good and valuable consideration, the receipt and sufficiency of
which 18 hereby acknowledged, the grantor bas granted, bargained. sold and
conveyed. and by these preDents does grant, ~r9ain, sell and convey and
confirm unto the grantee, itA BUCCe&BOrA and assign$ forever, all the real
property together with improvements, if any, situated thereon and lying ana
being in the City of BASALT, County of PITKIN. State of
COLORADO, described as follows:
See Attached E:x:hib.it -A"
TOGBTHKR with all and singular the hereditaments and appurtenances
the~eto be~onging, or in anywise appertaining. and the reversion and reversions,
remainders. rents, issues and profito thereof, and all the c~tate, right, title,
interest, claim an~ demand whatsoever of the grantor either in law or equity, of
in and to the above bargained premiBBB, with the hereditaments and appurtenances
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TO HAVB AND TO HOLD the said premises above bargained And deacribed,
with the appurtenances, unto the grantee, its successors and assigns forever.
And ths Grantor, for himaelf. his heirs, and personal representatives. does
covenant, grant, bargain, and agree Co and with the Grantee, its successors and
assigns, that at the time of the ensealing delivery of the presents, he is
well seized of the premises above conveyed, has good, Bure, perfect,
absolute and indefeasible estate of inheritance, in law, in fee simple,
and has good right, full power and lawful authority to grant, bargain,
sell and convey the same in manner and form ae aforesaid, and that the
same are free and. clear from all former and other grants, bargains. sales,
liens, taxes, assessments, encumbrances and restrictions of whatever kind
or nature soever, exc~pt those matters as set forth on Exhibit nBn attached
hereto and incorporated herein by reference.
The grantor shall and will WARRANT AND FOREVBR DETKND the abOVQ bargained
premises in the quiet and peaceable possession of the grantee, its successors
and assigna, against all and every person or persons lawfully claiming the
whole or any part theceof. The singular number sha1l include the plural,
the plural the singular, and the use of gender shall be applicable to all
genders,
4 " ~ 7"7- 4l ~----..;.
DORIS M. DAVIES
STATE OF COLORADO
COUNTY OF PITKIN ss.
The foregoing instrument was
\ \1.1 ,BY DO.!S M. D~I/J:BS
'""- ,.-.
acknowledged before me this \. '("\ day ot! ~~
my commission expires:
WITNESS my hand and official aeal
<l\ ''0 I~ ;r-'
EXHIBIT A
A tract of land in Section 17, Township 8 South, Range 83 West of the
6th P.M.. described as follows:
Beginning at a point whence the NE corner of Section 17, TBS, R83W, 6th
P.M. bears N 74001'08" E 2813.29 feet
thence N 48Q38'27" E 74.38 feet
thence S 35047'0711 E 79.88 feet
thence S 45050'4411 W 74.28 feet
thence N 36<109139" W 83.47 feet to the point of beginning.
COUNTY OF PITKIN,
STATE OF COLORADO.
t!~~.lIlIIlIlltllllll/lfi Ilfi/11 filii III IIIlI 1111 1111
z or 3 11/18/1'" 13154~ NO lHlVI$ $ILV!
~ 18." D 1,1lll N I." ~ITKIN CO\.WTV co
EXHIBIT "Bu
1. Taxes for the year 1999 and subsequent years not yet due or payable.
2. Right of the proprietor of a vein or lode to extract or remove his ore
therefrom, should the same be found to penetrate or intersect the
premises hereby granted as reserved in United States Patent recorded
in Book 55 at Page 537.
3. Those terms, conditions, provisions, obligations, easements,
restrictions, assessments and all matters as set forth in Protective
Covenants for recorded March 25. 1~68 in Book 234 at Page 121.
deleting therefrom any restrictions indicating any preference,
limitation or discrimination based on race, color, religion, sex,
handicap, familial status, or national origin.
4. Any loss or damage resulting from the fact that the Deed recorded
September 26, 1994 in Book 762 at Page 290 and re-recorded January 10,
1995 in Book 771 at page 476 contains an incorrect legal description.
111111I1111I1111I111111111111111111111111I1111111I11111
4I2t" el/t!/t... 8!1!4, WI DAYIS IILVI
3 ., 3 R I.... D t." N 8.ee PITKIN COUNTY eo
EXHIBIT A
A tract of land in Section 17, Township 8 South, Range 83 West of the
6th P.M., described as follows:
Beginning at a point whence the NE corner of Section 17, T8S, R83W, 6th
P.M. bears N 74001'08" E 2813.29 feet
thence N 48038'27" E 74.38 feet;
thence S 35047'07" E 79.88 feet;
thence S 45050'44" W 74.28 feet;
thence N 36009'39" W 83.47 feet to the point of beginning.
COUNTY OF PITKIN,
STATE OF COLORADO.
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