HomeMy WebLinkAbout24_THE_20_ACRE_PARCEL24.1The 20 Acre Parcel
the 20 acre parcel
section
24
24.2 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
Introduction
The “20 Acre Parcel” is the property to be conveyed
to the City of Aspen for construction of Burlingame
Village (see Section 29: Preannexation Agree -
ment). Its acreage was adjusted upwards after
Bar/X Ranch’s acquisition of the 3 acres at the far
north of the ranch that was disputed with Aspen
Valley Land Trust.
This section contains the proposed deed and the
legal description for the conveyance.
24.3The 20 Acre Parcel
SPECIAL WARRANTY DEED
[20 Acre Parcel]
Bar\X Ranch LLC, a Colorado limited liability company, whose address is c/o Herbert S.
Klein, Esq., 201 N. Mill St. #203, Aspen, CO. 81611 ("Grantor") for Ten Dollars ($10.00)
and other good and valuable consideration, hereby sells and conveys to The City of Aspen
a Colorado home rule municipal corporation, whose address is 130 South Galena Street,
Aspen, Colorado 81611 ("Grantee"), all its right, title and interest in and to the following real
property in the County of Pitkin, State of Colorado, to wit:
A parcel of land containing approximately 21.5 acres, described at Exhibit A, attached
hereto and incorporated herein by this reference, with all its appurtenances and
improvements and warrant the title against all persons claiming under Bar\X Ranch LLC, a
Colorado limited liability company, subject to liens, easements, rights-of-way of record and
the following reservations:
Use of the property conveyed hereby is limited to the uses and densities for the “20 Acre
Parcel” as contained in that certain Amended and Restated Pre-Annexation Agreement
Bar/X Ranch, recorded at Reception No. ___________, of the records of the Clerk and
Recorder of Pitkin County, Colorado.
Grantor reserves for itself and its successors and assigns, and to its guests, licensees,
and/or invitees, and for emergency service providers for use during times of emergency, a
perpetual, non-exclusive, surface easement, for ingress, egress and access to the Stage
Road Subdivision\PUD, as described on that certain plat map recorded in Book ___, Page
____, Reception No. ________, of the real property records of Pitkin County, Colorado (the
“Benefited Property”) over and across that portion of the Property that is legally described
on Exhibit A attached hereto, which Exhibit is incorporated herein by this reference (the
"Initial Easement").
At such time as Grantee constructs and dedicates to the public, the roads necessary to
serve all the development on the Property, Grantee shall convey to Grantor, its successors
and assigns in the Benefited Property, and to their guests, licensees, and/or invitees, and
for emergency service providers for use during times of emergency, a perpetual,
non-exclusive, surface easement, for ingress, egress and access to the Benefited Property
(the "Easement") over and across all such public roads and, if necessary, in addition
thereto, over and across a strip of land within the Property to be identified at that time which
provides the closest practical connection point from such public roads to a location on the
boundary of the Benefited Property, selected by Grantor (the “Connecting Easement”).
The width of the Connecting Easement shall be not less than 30 feet.Upon conveyance to
Grantor of the Easement and the Connecting Easement, any portions of the Initial
Easement which are no longer necessary to provide access to the Benefited Property, shall
be vacated and released by Grantor by a separate recorded instrument identifying such
vacated areas.
24.4 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
In the event of any dispute as to the location or specifications of the easements referred to
herein to be granted by Grantee, the parties agree to submit the dispute to binding
arbitration with each party selecting a civil engineer practicing in the Aspen area and those
two shall select a third such engineer. The decision of the majority of the arbitrators shall be
final and binding. The parties shall share the costs of the fees of such arbitrators equally.
The arbitrators shall take into account in their decision, the intent of this instrument that the
owners of the Benefited Property, as they exist from time to time and emergency service
providers, during times of emergency, be provided with practical and convenient access to
the Benefited Property.
Bar\X Ranch LLC,
a Colorado limited liability company
By: _____________________
Name: _____________________
Title: Manager
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this ___ day of April, 2003, by
______________________, acting in the capacity as a Manager of Bar\X Ranch, LLC,
a Colorado limited liability company.
WITNESS my hand and seal.
My commission expires: ____________
___________________________________
Notary Public
24.5The 20 Acre Parcel
CITY OF ASPEN, a municipal corporation
____________________________
Helen K. Klanderud, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________
City Clerk City Attorney
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
Acknowledged before me this ________ day of ______________________ 2003, by
________________________________________ in his/her capacity as
________________ ____________________________ of
____________________________________________.
___________________________
Notary
My commission expires: _____________________________
24.6 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
Exhibit A
20 Acre Parcel: Property Description
A parcel of land situated in Section 2, Township 10 South, Range 85 West of the
6th Principal Meridian, County of Pitkin, State of Colorado, Said parcel of land
being more particularly described as follows:
Beginning at a point on the northerly boundary of that property described in Book
181 at Page 320 of the Pitkin County Records; whence the S1/4 corner of said
Section 2 bears S.31°24'13"E., a distance of 2,724.96 feet;
Thence N.86°29'41"W., along said northerly boundary a distance of 6.05 feet to
the easterly boundary of Lot 1, Burlingame Ranch Subdivision recorded in Plat
Book 50 at Page 89 of the Pitkin County Records; Thence leaving said northerly
boundary along the easterly boundary of said Lot 1, Burlingame Ranch the
following seven (7) courses:
1) N.02°52'36"E., a distance of 165.48 feet;
2) N.00°30'26"W., a distance of 243.17 feet;
3) N.18°16'57"W., a distance of 80.12 feet;
4) N.22°43'41"W., a distance of 384.52 feet;
5) N.00°34'07"E., a distance of 57.52 feet;
6) N.03°02'50"E., a distance of 688.34 feet;
7) N.12°39'27"E., a distance of 105.85 feet to a point on the southerly boundary
of parcel 2, Park Trust Exemption Map as recorded in Plat Book 10 at Page 5A of
the Pitkin County Records;
Thence S.88°15'47"E., along the southerly boundary of said Parcel 2 a distance
of 6.86 feet to a point on the boundary of that property described in the quit claim
deed recorded as Reception No. 466499 of the Pitkin County records; Thence
along the boundary of said quit claim deed the following fifteen (15) courses:
1) N.13°50'57"E., a distance of 114.73 feet;
2) N.12°44'56"E., a distance of 284.79 feet;
3) N.12°34'48"E., a distance of 263.95 feet;
4) S.59°34'09"E., a distance of 69.27 feet;
5) 179.45 feet along the arc of a non-tangent curve to the right having a radius of
1,000.00 feet and a central angle of 10°16'53" (chord bears S.27°38'40"E. 179.21
feet);
6) S.07°11'09"E., a distance of 50.03 feet;
7) S.21°18'17"E., a distance of 44.53 feet;
8) S.05°31'10"W., a distance of 32.00 feet;
9) S.10°32'00"E., a distance of 45.00 feet;
24.7The 20 Acre Parcel
10) 76.23 feet along the arc of curve to the left having a radius of 40.00 feet and
a central angle of 109°11'30" (chord bears S.65°07'45"E. 65.21 feet);
11) S.25°20'41"E., a distance of 42.24 feet;
12) S.35°09'29"E., a distance of 43.07 feet;
13) S.20°30'32"E., a distance of 50.20 feet;
14) S.27°41'19"E., a distance of 17.40 feet;
15) S.04°08'52"W., a distance of 135.85 feet to a point on the northerly line of
Government Lot 7, of said Section 2;
Thence S.88°15'48"E., along the northerly line of said Government Lot 7 a
distance of 246.37 feet;
Thence leaving said northerly line of Government Lot 7 S.00°10'38"E., a distance
of 286.12 feet; Thence S.13°46'24"E., a distance of 245.10 feet; Thence
S.07°15'46"W., a distance of 301.55 feet; Thence S.41°28'13"W., a distance of
219.62 feet; Thence West, a distance of 360.66 feet; Thence S.12°46'42"W., a
distance of 263.94 feet; Thence S.12°44'09"W., a distance of 118.19 feet;
Thence S.00°11'54"E., a distance of 143.37 feet; Thence S.02°29'43"W., a
distance of 163.25 feet to the POINT OF BEGINNING.
Said parcel of land containing 940,367 square feet or 21.588 acres, more or less.
24.8 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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