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Home My WebLink Aboutbocc.ord.015.2007RECEPTiON#: 542949, 10/1p/p007 at 02:43:32 PM, ~ 0~ 2. R$11.00 Doc Code ORDER Janice K. Vos Caudill, Pitkin County, CO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING EXECUTION OF THE CONTRACT FOR PURCHASE OF JENSEN PROPERTY ORDINANCE #G?/h , SERIES OF ?007 RECITALS , 1. The Voters of Pitkin County and the Pitkin County Commissioners established an Open Space and Trails Fund for the purposes of preserving and developing open space and trails resources in Pitkin County, and established an Open Space and Trails Board of Trustees to guide the expenditure of those funds. 2. Catherine and John Jensen own a certain real properiy consisting of 35 acres, located in the upper Crystal Valley across from the Redstone Castle ("the Property"). 3. The proper[y contains significant open space, ecological, scenic, and recreational features. Specifically, the proper[y host a popular "mega-classic' ice climbing route known as the "Drool", and possesses outstanding wildlife habitat consisting of high quality mountain shrub communities, and possesses stellaz scenic views. 4. The Jensens desire to sell this interest far $375,000. 5. The County is discussing funding partnerships with several entities, including Great Outdoors Colorado, the Access Fund, Aspen Valley Land Trust, and a neighboring landowner, and thereFore wishes to have the Property under eontract fo further refine such partnerships without threat of a development buyer acquiring it first. 6. The Aspen Valley Land Trust has committed $25,000 towards the project. The Open Space and Trails Boazd has recommended the expenditure of $350,000 of open space funds for this acquisition. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado, that: L The Board approves an eapenditure of up to $350,000 of Open Space funds far the purchase of the Jensen Property, and further authorizes the Open Space Department to eapend up to $20,000 on related transaction costs. 2. Upon approval of the form by the Open Space Director and County Attorney, the Chair is authorized to execute a contract for purchase of tbe Jensen Property. Said contract will allow a partial assignment other parties in order to secure financial participation, as discussed in the recitals. The Chair is further authorized to execute such other documents as may be necessary to finalize this transaction. That adjustments be made to the year 2007 budget as follows: OPEN SPACE AND TRAILS FUND Previous Revised Budeet This Chanee Proi Bud¢et $ $ $ Jensen Parcel Acquisition expenditure 370,000 370,000 INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON NLY llth, 2007. NOTICE OF PUBLIC HEARING A D THE FULL ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON ~(,L /S~ , 2007. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON JULY 25th, 2007. PUBLISHED BY TITLE ~VD SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON S~ , 2007. ATTEST: ~ APPROVED AS TO FORM: 5 f, ~ ~ John Ely ~~~- County Attorney BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO ~A~~ ~ ~~Z, ~ 11~ichael M. Owsley Chair Date: ~` . (j /~'~ ,~,,- Hilary FI her County nager ~ Documentary Fee $ WARRANTY DEED THIS DEED, made October 10, 2007, Between CATHERINE A. JENSEN and JOHN R. JENSEN of the County of i-~ N~'iP F`. , State of ~ ~~IJF2 `~'N (~ , GRANTOR, AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTEE whose legal address is . 530 E. Main St. 3rd Floor Aspen, Co. 8'16'I I of the County of Pitkin, State of Colorado WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, its successors and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: See Attached Exhibit "A" 0 0 o TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise o ° appertaining, and the reversion and reversions, remainders, rents, issues and profds thereof, and all the estate, ri ht, title, interest, claim and demand whatsoever of the rantor either in law or 9 g 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 the grantee, ds heirs and assigns forever And the z Grantor, for themselves, their heirs and assigns, does covenant, grant, bargain, and agree to and with the o Grantee, its successors and assigns, that at the time of the ensealing and delivery of the presents, it is well seized F., of the premises above conveyed, has good, sure, perfect, absoWte 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 Q manner and form as 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, except those z, matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall and will ° WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of a the grantee, his heirs and assigns, against all and every person or persons lawfully daiming the whole or any part ~ thereof. The singular number shall indude the pWral, the plural the singular, and the use of gender shall be F applicable to all genders. ~ IN WITNESS WHEREOF the grantor has executed this deed. SIGNATURES ON PAGE 2 Return to: Board of County Commissioners RECEPTION#: 542950, 10110/2007 at 02:43:33 PM, ~ OF 4, R$21.00 DF $0.00 Doc Code WO Janice K. Vos Caudill, Pitkin County, CO 3 SIGNATURE PAGE TO WARRANTY DEED PAGE 2 CA MERINE A. JENSEN ~.~~~1~~1~t1(~i~~J~ ~ n JOHN R JE ~EN ~ l /~,(I / ~-.l sTa~aF eRC;F~~~H//9, ss _ COUNTY OF L ~ S' ~'~~'~~E'TS t~ The foregoing instrume~t was acknowledged before me this 7 day of ~C ~~~ E/L , 2007, by CATHERINE A. JENSEN and JOHN R. JENSEN. /,~/ ~~ V'" V /~ WITNESS my hand and official seal ~ Notary Public BERNARD PLOST Commisslon # 1581450 my commission expires~ ~ ~1Of°~V ~blic - Calitomla ~ las Mgeles Counry - My Comm. Explres Jun 20, 200 PCT21683L ~ EXHIBIT "A" LEGAL DESCRIPTION A Parcel of land situated in the SW~/4 of Section 20, Township 10 South, Range 88 West of the Sixth Principal Meridian, County of Pitkin, State of Colorado; said Parcel being more particularly described as follows: Commencing at the Southwest Corner of said Section 20, a B.L.M. aluminum cap in place; thence N 01 °O4'20" E along the Westerly line of said Section 20 1046.99 feet to the True Point of Beginning; thence continuing along the Westerly line of said Section 20, N 01°04'20" E 642.75 feet; thence leaving said Westerly line S 83°13'04" E 1606.45 feet; thence N 68°37'11" E 434.72 to a point on the original Westerly right-of-way of Colorado State Highway No. 133; thence the following Four (4) courses along said Westerly right-of-way; 1. S 25°27'04" W 38.65 feet 2. along the arc of a curve to the left having a radius of 1492.50 feet and a central angle of '12°37'02", a distance of 328.66 feet (chord bears S 15°09'34" W 328.00 feet) 3. S 04°52'04" W 306.'10 feet 4. S 02°51'04" W 442.99 feet; thence leaving said Westerly right-of-way N 89°47'56" W 206.81 feet; thence N 73°36'29" W 1724.95 feet to the True Point of Beginning; ~ 5 EXHIBIT "A" 1 Taxes for the year 2007 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 orintersectthe premises hereby granted as reserved in United States Patents recorded March 10, 1897 in Book 55 at Page 72 and recorded September 23, 1903 in Book 55 at Page 121. 3. Reservation of an undivided one-half interest in all mineral rights as set forth in Warranty Deed recorded June 7, 1957 in Book 181 at Page 434. 4. Terms, conditions, provisions and obligations as set forth in Quit Claim Deed for easement recorded January 31, 1995 in Book 772 at Page 920 and Corrected Quit Claim Deed recorded February 2, 1995 in Book 773 at Page 173. ~