HomeMy WebLinkAboutcoa.Aley Park.Warranty Deed WARRANTY DEED
THIS DEED dated March-ss , 1999,between Maureen Mary Kinney and Scott Hicks, .
`0002 Williams Way, Aspen, (Pitkin County) Colorado 81611,hereinafter referred to as
"Grantor," and the City of Aspen,Colorado, a municipal corporation, whose legal address .
is 130 South Galena,Aspen, Colorado,hereinafter referred to as "Grantee."
_ WITNESS,that the Grantor for and in consideration of the sum of one hundred seventy-
five thousand dollars ($175,000.00), the receipt and sufficiency of which is hereby
acknowledged,has granted,bargained, sold and conveyed, and by these presents does
hereby grant,bargain,sell,convey and confirm,unto the Grantee,its heirs and assigns
forever, all the real property,to with improvements,if any,situate, lying and being
in the County of Pitkin, State of Colorado,described as follows:
Lot 2 of the Smuggler Hunter Trust Subdivision, Pitkin County, Colorado
which consists of 16,559 square feet,plus or minus,
TOGETHER with all and singular the hereditaments and appurtenances thereto
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 the 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 (if any),unto the Grantee,heirs and assigns forever. The Grantor, for
herself,heirs, and personal representatives, does covenant,grant,bargain and agree to
and with the Grantee, its heirs and assigns,that at the time of the ensealing and delivery
of these presents,being well seized of the premises above conveyed,has good,sure,
perfect,absolute and indefeasible estate of inheritance,in law, in fee simple, and has
good right, full power and authority to grant, bargain, sell and convey-the same in 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 whatsoever, subject to the following restrictions:
RESTRICTIONS: (1) The property is perpetually restricted to use as a neighborhood
park. (2) For a period of ten(10)years from the execution of this deed,the park is
restricted as a passive park with emphasis on small child and family usage: During said
period the park shall be equipped only with picnic tables and playground equipment,
without any provision made to create a volleyball, skateboard, or baseball facility. The
Grantee shall screen any toilet facility from the view of the Kinney-Hicks residence
property on Lot 1 of the Smuggler Hunter Trust Subdivision. (3)No motor vehicle
parking shall be provided on,the north side of.the park property(abutting Williams Way),
and landscape screening shall be installed and maintained by the Grantee on the north
side of the property,but the screening shall not exceed a height of ten(10)feet.
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The Grantor shall and wilt warrant and forever defend the above bargained premises in
the quiet and peaceable possession of the Grantee,its heirs sand assigns;against all and
every person or persons lawfully claiming the whole or any part thereof.
IN WITNESS WHEREOF,the Grantor has,executed this deed on the date set forth
above.
Maureen Mary Kinney
Scott Andrew'Hicks '
STATE OF COLORADO )
} ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this
S day of"March, 1999,
by Maureen Mary Kinney-
Witness my hand and official eal•
My commission expires:
AILa• °irk i
Notary Public, �a
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,,STATE OF COLORADO )
ss. ..`—..g
County of Pitkin } 2 as
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The foregoing instrument was acknowledged before me this �5 day of March, 1999, ''z
by Scott Andrew Hicks.
Witness my hand and officials al. J �N°
My commission expires: �?5/ �M m
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EASEMENT AGREEMENT
AGREEMENT made and entered into this !S day of March, 1999,between the
City of Aspen, Colorado, a municipal corporation(hereinafter referred to as "City"),
and Maureen Mary Kinney and Scott Andrew Hicks, 0002 Williams Way, Aspen,
Colorado 81611 (hereinafter referred to as "Kinney-Hicks").
WHEREAS,Kinney-Hicks are the owners in fee simple title of the'real property
described as Lot 1 of the Smuggler Hunter Trust Subdivision,Pitkin County, Colorado,
and
WHEREAS,the City wishes to acquire an' .easement on Lot 1 of the Smuggler Hunter
Trust Subdivision,Pitkin County,Colorado, for the purpose of creating and utilizing the
same as part of a neighborhood park in connection with Lot 2 of the Smuggler Hunter
Trust Subdivision,Pitkin County,Colorado, which,is being simultaneously conveyed by
Kinney to the City.,
NOW,THEREFORE,for and in consideration of the sum of ten dollars.($10.00)and
other good and valuable consideration,receipt of which is hereby acknowledged by
Kinney-Hicks, Kinney-Hicks does hereby t grant,bargain, sell, convey, and assign to the
City a perpetual and exclusive easement in,to,upon and over Lot 1 of the Smuggler
Hunter Trust Subdivision,Pitkin County,Colorado, which is specifically described as
follows:
A parcel of land situated in the southeast z/of Section 7, Township 10 South, Range 84
West of the 6th P.M., Pitkin County, Colorado, tieing the southerl portion of Lot 1,
Smuggler Hunter Trust Subdivision as recorded in Plat Book VL at Page. _of
the real estate records of Pitkin County, Colorado, described as follows:
Beginning at a point whence a 1954 brassycap set for the center 1/corner of said Section
7(now marked "special purpose monument 1978.")bears N00°30'00"E 137.42 feet and
N19 016'09"W 250.79 feet;
Thence easterly along the southerly right of way of Williams Way as follows: v
48.48 feet along the arc of a curve to the left whose radius is 181.70 feet(chord bears
S81°4323"E. 48.34 feet)
S89 022'02"E 89.75 feet to the easterly line of Lot I of said Smuggler Hunter Trust
Subdivision;
Thence S0.1°02'42"W 53.34 feet to the southeast comer of said Lot 1;
Thence N88°4835" W 137.14 feet along the southerly line to the southwest comer of
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said Lot 1;
Thence 1V00°30'00"E 58.43 feet along the westerly line of said Lot 1 to the point of
beginning containing 7,338 square feet more or less.
The basis of bearings for the description is as shown on the Smuggler Hunter Trust
Subdivision Plat.
The easement is subject to that certain Permanent Access and Utility Easement from
Pitkin.County to Phkin County recorded February 14, 1993, in Book 669 at Page 420.
Tile easement is perpetually restricted to use as a neighborhood park..
For a period of ten(10) years,the park is restricted as a passive park with emphasis on.
small child,and family usage. During said period,'the park shall be equipped only with
picnic tables and playground equipment, without any provision made to create a
volleyball, skateboard, or baseball facility. The City shall screen any toilet facility frorri
r the view of the Kinney-dicks residence property on Lot 1. ;
No motor,vehicle parking shall be provided on the north side of the park property
(abutting Williams Way),and landscape screening shall be installed and maintained by
the City on the north side of the property, but the screening shall not exceed a height of
ten (10)feet.
The City covenants with Kinney-Hicks, theer successors,assigns,and legal
representatives,that it shall bear full responsibility for the use and enjoyment of the
easement granted herein and shall save-and hold Kinney-Hicks,their successors, assigns,
and legal representatives harmless from any claim of damages to person or premises, o
resulting from the use occupancy,and possession of the same by the City. �_J o
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All covenants-and conditions of this agreement shall be specifically enforceable, as
applicable,by any appropriate legal action,after-thirty(30)days written notice to the �
other party."In the event that the parties resort to litigation or alternative z
dispute x
resolution,the prevailing party shall be entitled to recover damages and costs,including ` H
reasonable attorneys'fees. �y a
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No claim of waiver, consent,or acquiescence with respect to any provision of this �
agreement shall be valid against KKinney-Hicks,except on the basis Qf a written z
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instrument, executed and accepted by Kinney-Hicks. -
TO HAVE AND TO HOLD the said easement unto City,its successors and assigns
forever.
The provisions and covenants hereof shall inure to and be binding upon the parties,their ~�a
successors, assigns,heirs,and legal representatives. ��o
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IN WITNESS WHEREOF,the parties have
year first above written. ezecufed this instrument the day and the
MAUREEN MARY KIIVNEY CITY OF ASPEN, COLORADO
0002 Williams Way J n Bennett,Mayor
Aspen,-CO 81611
SCOTT ANDREW HICKS ATTEST:
0002 Williams Way Kathryn Koc ,.;' r•
Aspen, CO 81611 Aspen City lei'
=.mot.
(SEAL) AA#YYi , ft
APPROVED AS TO F0,RM: 4'--i
pen City Attorney
STATE OF COLORADO ) J$
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County of Pitkin
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The foregoing instrument is hereby acknowledged before me this day of March,
1999, by Maureen Mary.Kinney,0002 Williams Way,Aspen,CO 81611.
Witness m y hand and seal.
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' My commission expires:
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Notary Public m
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STATE.OF COLORADO )
ss.
Pitkin County )
The foregoing instrument is hereby acknowledged before me this IFay of March,
1999,by John Bennett,as Mayor, and Kathryn S: Koch, as City Clerk of the City of
Aspen.
Witness my�hand and seal.
;X IiAy Commws w expires
>commission expires: 000
'
c Notary Public
F
STATE OF COLORADO
-ss.
County of Pitkin }
The foregoing instrument is hereby acknowledged-before me this day of March,
1999,by Scott Andrew Hicks,0002 Williams Way,Aspen, CO 81611:
Witness my hand and seal.
My commission expires: b5 (}
(SEALS �. .
Notary Public
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