HomeMy WebLinkAboutMollie Gibson Park MOLLIE GIBSON PARK
LOCATION: Base of Smuggler Mountain to the east of Centennial
The Williams Ranch annexation agreement, recorded 1995 Book 780 Page 376,section 4.12 PARK
DEVELOPMENT IMPACT FEE states "Pursuant to Section 5-601 et. Seq.,Aspen Municipal Code, Aspen is
entitled to a Park Development Impact Fee of$157,360 for construction of new residential units.
4.12.1 As a credit against the payment of the park development impact fee, WRJV agrees to do
the remediation work necessary to prepare the Mollie Gibson Lode site (owed by Pitkin county) for a
public park and to pay for all on-site costs to complete the EPA required work necessary to remediate
soils allegedly contaminated with lead. WRJV shall also take all steps necessary to obtain from Pitkin
County a deed of dedication to the Mollie Gibson park dedicating such property to public park purposes.
The failure to obtain a dedication of the portion of the Mollie Gibson Lode remediated and improved by
the WRJV as a public park or public open space shall act to prevent WRJV receiving any credit against the
park development impact fee for monies expended at the Mollie Gibson Lodge.
Pitkin County ordinance 98-26 recites that the connection with development approvals for the
Smuggler Mine and William Ranch,WRJV agreed to make improvements on County property authorizes
the Chair to execute a quit claim deed,granting a portion of the Mollie Gibson parcel to the city.
Attached to that ordinance is a Quit Claim Deed between the Board of county Commissioners and the
City of Aspen, recorded in 1998 at reception number 427996. The quit claim deed states". . . subject to
a restriction that the Property shall be used perpetually by the City for public park, recreations,trails,
roads, and parking purposes only. . ."
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO AUTHORIZING THE CHAIR TO
EXECUTE A QUIT CLAIM DEED,GRANTING A PORTION OF THE MOLLIE
GIBSON PARCEL TO THE CITY OF ASPEN
ORDINANCE"8-26
RECITALS
1. Pitkin County currently owns real property known as the Mollie Gibson
parcel as more particularly described on Exhibit A attached hereto and incorporated by
�• this reference, which is a parcel of 7.921 acres, currently located outside the boundaries
q the City of Aspen,(hereinafter the"Property").
t 1 2. In connection with previous development approvals for the Smuggler
Mine and for Williams Ranch, Williams Ranch Joint Venture agreed to make
improvements on the County Property and to provide maintenance for such
improvements,such improvements now known as the Mollie Gibson Park.
3. Williams Ranch Joint Venture has requested that the City of Aspen
�+ assume maintenance of the Mollie Gibson Park.
4. Only a portion of the Property is improved with the park and related
roadways,trails and parking.
5. The City of Aspen will assume maintenance of Park, and will accept
ownership of the Mollie Gibson Park and the additional land adjoining the Park after the
County resolves outstanding title issues with Wilk Wilkinson.
G 6. The County prepared a Subdivision Exemption Plat which shows the
portion of the Property to be conveyed to the City of Aspen and the portion of the
Property which will continue to be owned by the County.
7. The Board of County Commissioners finds that the conveyance of a
portion of the Property to the City of Aspen for open space,park and parking purposes is
not a subdivision within the purpose of C.R.S.§30-28-101, et&e .
8. The Board of County Commissioners has the power pursuant to C.R.S.
§30-28-101 (10) (d) to exempt this division of land from the definition of the terms
subdivision and subdivided land.
NOW THEREFORE, BE IT ORDAINED, by the Board of County
Commissioners of Pitkin County,Colorado as follows:
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Ordinance*98-26 424070 11/02/1900 03:49P ORDINRNC DRVIS SILVI
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1. The division of the Property described in Exhibit A, the Mollie Gibson
parcel,into two lots,is exempt from the definition of subdivision.
2. The Subdivision Exemption Plat shall be recorded prior to conveyance of
Lot 2 to the City.
3. Following recordation of the subdivision exemption plat,showing Lot 1 as
the parcel to be retained by the County and Lot 2 as the parcel to be conveyed to the City,
the County shall convey Lot 2 to the City of Aspen,with the restriction that the property
be used only for open space,park, and related parking purposes, subject to the existing
roads,trails and easements on the parcel.
4. The Chair is authorized to execute the deed for Parcel 2 to the City and a
subdivision exemption plat following approval of the form of those documents by the
County Attorney's office,and is authorized to execute such other documents as may be
necessary to finalize this transaction.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON
THE 8th DAY OF JULY, 1998.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND
EDITION OF THE ASPEN TIMES ON 11TH DAY OF JULY, 1998.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE 14TH DAY OF OCTOBER,1998.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 24TH DAY OF OCTOBER,1998.
This Ordinance shall become effective thirty (30) days after publication
following final adoption by the Board.
ATTEST: BOARD OF COUNTY
COMMISSIONERS
OF PITKIN COUNTY,COLORADO
Jeefiette Jones Dorothea Farris
De uty Clerk Chair
Date: 9
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Ordmance898-26 32ef74 Ri0.00 1D 0.00 N 9.00'I NpCV ICC
APPROVED AS TO FORM:
Deborah Quinn Suz Konchan
Assistant County Attorney Co anger
k/ords/MOLMORD.DOC
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SCHEDULE A
Order Number: 00024399
LEGAL DESCRIPTION
The Mollie :;ibson Park Parcel is located in the SE2 14 of Section 7,
Township 10 South, Range 84 West of the Sixth Principal Meridian, and more
particularly described as follows:
Beginning at the Northeasterly reentrant corner of the .Mollie Gibson Park
Parcel identical with the Southwesterly corner of the Smuggler Mine
Subdivision and identical wsch Corner No. 1 of Smuggler, M.S. 1636 marked on
the ground with a 518 inch diameter rebar with a 1 114 inch diameter yellow
cap mounted thereon found in place whence Corner No. 1 of Mollie Gibson, M.S.
4281 AM an original marked stone found in place bears South 340131561 Ease
10.00 feet and whence the Center 114 _corner of said Section 7 bears
North 40.3430" West 2184.68 feet=
thence North 56 036126" East 48.16 feet;
thence South 45°30,00" =ast 147.18 feet;
thence South 45°30,00" West 485.65 feet;
thence North 67 027.17" West 186.82 feet,
thence North 41.54158" 'lest 200.60 feet;
thence North 38 900.00" East 135.56 feet;
thence North 43°34,35" West 188.89 feet;
thence North 46.05.25" East 65.00 feet:
Chance North 05 058123" East 124.13 feet;
thence North 40.28.10" West $9.52 foot;
thence North 47.37.25" West 48.47 feet;
thence North 55.41.35" East 241.73 feet;
thence South 34013157" Ease 639.78 feet to the Point of Beginning.
COUNTY OF PXrJ=, STATE OF COLORADO.
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CONTRACT#iLLL APPROVED BY
Ofd INAN E
QUIT CLAIM DEED # Q,,__
THIS DEED,made this _2J day of 1998, between the
Board of County Commissioners of Pitkin County, State of Colorado, Grantor (or
"County') and the City of Aspen. Colorado, whose legal address is 130 South Galena
Street,Aspen,Colorado,Grantee(or"City').
WITNESSETH that the Grantor,for and in consideration of the sum of THREE
HUNDRED SEVENTY THOUSAND TWO HUNDRED NINE DOLLARS AND
TH112TEEN CENTS ($370,209.13), the receipt and sufficiency of which is hereby
acknowledged,has remised,released,sold conveyed and QUIT CLAIMED,and by these
presents does remise,release,sell,convey,and QUIT CLAIM unto the Grantee,its heirs,
successors,and assigns,forever,all the right,title,interest,claim and demand which the
Grantor has in and to the real property,together with improvements,if any,situate,lying
and being in the County of Pitkin,State of Colorado,described as follows:
See Exhibit A attached hereto and incorporated by this
reference (the"Property')and subject to a restriction that
the Property shall be used perpetually by the City for public
park, recreation, trails, roads, and parking purposes only,
except as such uses may be expanded as set forth below,
which restrictions shall run with the land hereby conveyed;
rb
And subject to the reservation by the Grantor of the right to
locate an access easement on and through the Property to
the Ardmore Property currently owned by the United States
Forest Service no greater than 20 feet in width, within ten
years from the date of this conveyance of the Property and
that the right shall expire if not exercised within that time;
provided that Grantor shall first use all reasonable efforts
including condemnation (but the County in its sole
discretion shall determine what constitutes reasonable
efforts)to locate access to the Ardmore property other than
through the Property and provided that if the Grantor does
locate the access easement on the Property, that the use
restriction on the Property shall be expanded to allow
affordable housing on the Property; .
In the event that Grantor locates the access easement as
provided above,and if Grantee,as determined by Grantee
in its sole discretion,is then unable to use the Property as
open space,park,or affordable housing,Grantee shall have
the right to sell the Property as a free market lot without the
restrictions provided herein. Should Grantee sell the
Property as a free market lot,one-half the profit on the sale
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shall be given to Grantor. Profit shall be determined by
deducting from the free market We price-a)the price paid
by Grantee for the Property; and b)any expenses paid by
Grantee for,or in connection with, the marketing and sale
of the Property,including,but not limited to,closing costs.
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belong or in anywise thereunto appertaining,and
all the estate, right, title interest and claim whatsoever,of the Grantor, either in law or
equity, to the only proper use, benefit and behalf of the Grantee, it heirs and assigns
forever.
IN WITNESS WHEREOF, the Grantor has executed this deed on the
date set forth above.
BOARD OF COUNTY CON[bMSIONERS
OF PITKIN COUNTY,COLORADO
, =i
.lt—`� ,�..-�.
By;Dorothea Farris
Chair
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing was acknowledged before me this�day of tNiryb(!//V,1998
by UltlA�hea 12min
Witness my hand and official seal.
My commission expires: & �� 0
Jc
Notary Public �, •?r
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EXHIBIT A
LEGAL DESCRIPTION FOR MASCOTTE 99
A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 7,
TOWNSHIP 10 SOUTH,RANGE 84 WEST OF THE 6TH PRINCIPALMERIDIAN.
PTTKIN COUNTY,COLORADO,BEING PART OF THE"MASCOTTE"LODE
MINING CLAIM U.S.M.S.5867&PART OF THE"99"LODE MINING CLAIM
U.S.M.S.6899;MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF THE SAID"MASCOTTE"
LODE WHICH POINT IS ALSO THE MOST EASTERLY CORNER OF.SAID-LOT 3,
THENCE THE FOLLOWING COURSES&DISTANCES: N45 0 24'29"E 663.11 FT.;
S45030'00E 152.40 FT.;N56032'W'E 15.37 FT.;S44°48'03"E 140.74 FT.;
S45°10'48"W 331.32 FT.;S89°38'31"E 16.33 FT.;S66°15'00"E 144.22 FT.;
S15°12'39"W 241.33 FT.;S44°39'40"W 230.97 FT.;N34°40'20"W 65.80 FT.;
N72 033'40"W 245.40 FT.;N55058'40"W 180.21 FT.;N21°02'00"W 119.25 FT.;&
N45°24'29"E 116.62 FT.TO THE POINT OF BEGINNING;LESS ASPENEI ECI!RIC
SUBDPVISION,ACCORDING TO THE PLAT RECORDED FEBRUARY 19,1993 IN
PLAT BOOK 30 AT PAGE 85,RECORDS OF PITKIN COUNTY,COLORADO.
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