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RESOLUTION NO. 38
Series of 1993
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AN AGREEMENT BETWEEN THE ASPEN RIVER FRIENDS AND THE
CITY OF ASPEN RELATIVE TO AN EASEMENT FOR THE CONSTRUCTION OF A
PORTION OF THE ROARING FORK RIVER TRAIL, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an agreement between the
Aspen River Friends and the City of Aspen, a true and accurate copy of which is attached hereto
as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
That the City Council of the City of Aspen hereby approves that agreement between the
City of Aspen and the Aspen River Friends relative to a certain easement for the contruction of
a portion of the Roaring Fork River Trail, a copy of which is annexed hereto and incorporated
herein, and does hereby authorize the Mayor to execute said agreement on behalf of the City of
Aspen,
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the /~ day Of? A..,P '1 ' 1993.
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John S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
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AGREEMENT
This Agreement made this /2- day of JU~ 1993 by and between
THE ASPEN RIVER FRIENDS, a Colorado Partnership, hereinafter
referred to ("ARFP"), and THE CITY OF ASPEN, hereinafter referred
to as ("ASPEN").
~~T~~22~TH
WHEREAS, Aspen is the owner of certain real property situated
in the County of Pitkin, State of Colorado, more particularly
described in Exhibit "A" attached hereto and incorporated herein by
this reference, hereinafter referred to'as ("Parcel A"), and
WHEREAS, ARFP is the owner of certain real property situated
in the City of Aspen, County of Pitkin, State of Colorado, more
particularly described in Exhibit "B" attached hereto and
incorporated herein by this reference, hereinafter referred to as
("Parcel B"), and
WHEREAS, a "Greenway" along the Roaring Fork River was
identified as a vital part of the County Masterplan in 1974; and
WHEREAS, the Roaring Fork Trail was identified as an important
future addition to the trail system in and around the City of Aspen
by the Aspen/Pitkin County Trails Master Plan in 1979; and
WHEREAS, the city of Aspen adopted the Pedestrian Walkway and
Bikeway Plan on September 24, 1990; and
WHEREAS, the City Council adopted the Aspen Area Community
Plan in 1993 which reaffirms the need to create additional
pedestrian and bicycle trails; and
WHEREAS, Aspen
certain protective
Covenants") for the
is desirous of encumbering
covenants and restrictions,
benefit of ARFP, and
Parcel A with
( "Protective
WHEREAS, ARFP in exchange for the imposition of the
aforementioned Protective Covenants and the agreement by Aspen to
the other terms and conditions herein is willing to grant Aspen a
pedestrian and bicycle public trail easement on Parcel B ("The
Easement") as this easement is more fully described and defined
herein,
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NOW THEREFORE, for and in consideration of the mutual
covenants contained herein the parties agree as follows:
1) Merchantability of Title to Properties. The parties each
warrant to the other as follows:
(A) Title to Parcel A Property: Aspen hereby warrants to
ARFP that Aspen has, or will obtain within a reasonable time,
merchantable title to Parcel A subject only to the exceptions
and encumbrances of record, which exceptions or encumberances
would not prohibit the implementation or enforcement of the
Protective Covenants.
(B) Title to Parcel B Property: ARFP hereby warrants to
Aspen that ARFP has merchantable title to the Parcel B subject
only to the exceptions and encumbrances of record, which
exceptions and encumberances would not prohibit the granting
of the Easement.
(C) Delivery of Title opinio~: On or before August 2, 1993,
each party shall cause to be delivered to the other, a title
opinion issued by either
i) counsel for that party, or
ii) by a title insurance company doing business in
Pitkin County, Colorado, that the title to the parcel
described in the opinion is vested in fee simple in that
party. In the event the title opinion indicates that
title is not vested in fee simple in the other party, or
if said opinion indicates that the acts contemplated in
this agreement cannot be performed, the party whose
property is reported as being non-merchantable shall
immediately institute and diligently prosecute all such
steps, including but not limited to a quiet title action,
at its expense, as may be necessary to vest title to it
in the property which it purports to own. This
obligation shall survive the closing and delivery of any
documents hereunder.
2) Documents. The parties shall execute and deliver the
following documents and/or instruments in recordable fashion on or
before the date set forth in Paragraph 3 below:
(A) Aspen'S Documents and Instruments: Aspen shall execute
and deliver to ARFP the Protective Covenants for the benefit
of ARFP, in a recordable form, encumbering Parcel A with such
Protective Covenants. In the event it is determined, pursuant
to Paragraph 1 above, that all of Parcel A is not vested in
Aspen at ,this time, Aspen agrees that upon the completion of
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any action required to vest Parcel A in itself to re-record
the Protective Covenants so as
Parcel A is encumbered by the
provision shall survive the
hereunder by ARFP.
to insure ARFP that all of
Protecti ve Covenants. This
delivery of any documents
(B) ARFP's Documents and Instruments: ARFP shall execute and
deliver to Aspen the Easement for the benefit of Aspen, in a
recordable form, granting to Aspen a public trail easement for
the use of Parcel B upon the terms and conditions set forth
herein.
(C) Additional Documents and Instruments: The parties shall
deliver such other and further documents that are necessary to
effect the intent of this agreement.
3) Date of Deliverv of Documents. The parties agree that
they shall consummate this transaction on the date of the
recordation of the Amended Plat of the Gordon/Callahan SUbdivision,
as hereafter discussed, which date shall not be later than August
1, 1993. In the event that this transaction has not taken place by
August 1, 1993, either party may upon written notice to the other
party terminate the agreement. The parties agree to utilize their
best efforts to complete the conditions precedent set forth herein
in a timely fashion. At that time, the parties hereto shall
execute all documents and perform all acts necessary to consummate
the transactions contemplated herein.
4. Terms and Conditions of the Protective Covenants Uoon
Parcel A. Aspen and ARFP agree that Parcel A shall be encumbered
with Protective Covenants and for the benefit of ARFP as follows:
(A) That Parcel A shall be kept in its current natural state,
and that no other structures, improvements or trails of any
kind shall be allowed thereon, except that
i) ARFP shall have the right, at its cost and expense,
to remove dead vegetation on Parcel A, and to plant
indigenous plants and trees on Parcel A. Any such
removal or planting shall only be done with Aspen's
approval, which approval shall not be unreasonably
withheld, and with the consent of any other governmental
agency which has jurisdiction over the portion of Parcel
A to be effected by any removal or planting, and
ii) That Aspen shall have the right to have a non-
vehicular/non-bicycle pedestrian dirt walking path bn
Parcel A consisting of:
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a) the existing pedestrian dirt path of
approximately two (2) feet to three (3) feet in
width presently located on a portion of Parcel A;
and
b) from the northern end of the existing
pedestrian path, that portion of Parcel A which may
be used for the pedestrian purposes shall be
approximately two (2) to three (3) foot wide dirt
path of the same profil~ and width as the existing
path; and
The centerline of the existing dirt path and the
proposed dirt path is as stated on Exhibit "c"
attached hereto and incorporated herein by this
reference. This legal description shall be
incorporated into the documents to be executed
pursuant to Paragraph 2 hereof. It is the parties
agreement that the existing pedestrian path shall
not be expanded in any manner and that, once
constructed, the new path shall not thereafter be
expanded in any manner. This agreement shall be
incorporated into the documents to be executed
pursuant the Paragraph 2 hereof, and
iii) That Aspen shall have the right to allow fishermen
to use that part of Parcel A which is east of westerly
boundary of the path defined in Paragraph 1 above, as is
also shown on Exhibit "C".
(iv) That Aspen shall have the right to make improvements
to the existing Wheeler Ditch structures on Parcel A,
including but not limited to headgates, culverting and a
foot bridge of no greater than two (2) feet in width.
These Protective Covenants shall further provide that the
beneficiary thereof shall have the right to injunctive relief, as
well as all other legal and equitable remedies available to it in
order to enforce the Protective Covenants.
5. Terms and Conditions of Easement Grant bv ARFP. ARFP
and Aspen agree the Easement to be granted to Aspen on Parcel B
shall be granted upon the following terms and conditions:
(A) The easement shall be a total of twelve (12) feet in
width. A maximum of eight (8) feet of this width shall be a
brown tinted concrete only paved bicycle path to match native
vegetation. This tint shall be Concrete Products Colors #306
as made by Solomon Grand Chem Service, Inc. or equal. The
remaining four (4) feet of the easement shall be an unpaved
pedestrian path on the left and right side of the concrete
bicycle path. The west side shall have a two (2) foot wide
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four (4) inch, three-eighths (3/8th) gravel shoulder, back
filled flush with the edge of the concrete trail. The east
side shall be a two '(2) foot wide shoulder back filled with
top soil with a finish grade to be flush with the concrete
edge and seeded with native grasses.
(B) Aspen shall have the right to construct a bicycle and
pedestrian only bridge ten (10) feet in width (as measured
from inside of the railing to the inside railing) at the
eastern end of Parcel B, and
Aspen and ARFP further agree that the design of the
bridge including the alignment,' the bridge and the bridge
abutments, including but not limited to materials and finish,
as well as any stream bank cuts, vegetation, alterations and
proposed re-vegetation of the terminus of the bridge at ute
Children's Park and its connection to the existing bicycle
path in ute Children's Park shall be as shown in Exhibit liD"
attached hereto and incorporated herein by this reference.
(C) Aspen shall have the right to place a sign on both ends
of Parcel B indicating the uses to which the bicycle path and
the pedestrian path may be put, and
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(D) Although the Easement is for bicycle and pedestrian
purposes only, motorized vehicles shall be allowed on Parcel
B, after construction, if such vehicles are either,
i) necessary for maintenance purposes; or
ii) necessary for emergency purposes; or
iii) motorized wheelchairs, and
(E) In order to complete the construction of the bicycle path
and the bridge, ARFP shall also grant to Aspen temporary
construction licenses on its other real property as follows:
i) fourteen (14) feet in width across Lot 9 of the
Gordon/Callahan Re-Subdivision in such location as is
selected by ARFP reasonably calculated to permit
construction vehicles access to Parcel B, and
ii) four (4) feet in width along the length of Parcel B
for access and construction of the new bicycle path and
bridge on Parcel B,
iii) a staging area as defined on Exhibit "E" attached
hereto and incorporated herein by this reference.
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iv) all of these licenses shall be subject to the
following conditions
a) that Aspen shall give the owner of amended Lot
9 of the Gordon/Callahan SUbdivision written notice
of the commencement of construction at least thirty
(30) days prior thereto, and
b) that Aspen shall fence the staging area with
at least a staked woodep snow fence prior to the,
or simultaneously with the commencement of
construction, which fence shall be removed when
construction is completed or suspended on account
of terms hereof; and
c) that Aspen may use the temporary licenses for
no more than six (6) consecutive months; and
d) that Aspen
in any manner,
Parcel B during
April 1; and
may
nor
the
not use the temporary licenses
perform any construction upon
period from December 1 through
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e) Aspen,upon the completion of construction,
agrees to re-vegetate, all of the areas temporarily
licensed hereunder, and any other areas, if any, of
ARFP's property which may be disturbed during the
contemplated construction, to a state commensurate
with the surrounding portions of ARFP property
outside of Parcel B.
f) ARFP is unaware of any reason which would
prohibit Aspen from utilizing Crystal Lake Road and
Centennial Circle for its construction activities
as contemplated herein.
(F) Aspen agrees that no healthy trees of any size shall be
removed in the areas granted for construction licenses in (E)
above, and further that it shall replace any healthy tree
removed or destroyed within Parcel B itself with a similar
healthy tree of like kind and size, in the location
immediately off of Parcel B directly parallel to the location
of any tree removed or destroyed within Parcel B.
(G) ARFP agrees to that the Easement shall further provide
that the "flagging" of the Easement shall remain in place
until amended Lot 9 is sold by ARFP and that Easement shall
provide that no vegetation, other than grass or flowers, may
be planted on Parcel B until after the construction of the
pedestrian and bicycle path referred to herein.
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6) Conditions Precedent to A.R.F.P. Obliqation to Grant
Easement: The following conditions shall be deemed to be
conditions precedent to the obligations of ARFP to grant the
easement referred to in Paragraph 5 above.
(A) That the Protective Covenants referred to in Paragraph 4
above shall be imposed on Parcel A; and
(B) That the Gordon/Callahan Re-Subdivision Plat and P.U.D.
Subdivision Agreement recorded in. Book 637 at Page 137 (and
re-recorded in Book 638 at Page 88) of the records of Pitkin
County be amended so that:
i) Lots 2A, 2B, and 2C thereon are eliminated and
consolidated into Lot 9, and
ii) that the building envelope on consolidated Lot 9 be
increased in size ~n a manner satisfactory to ARFP to
allow for the construction of a single family home with
an allowable floor area, as the floor areas were defined
on January 9, 1991 in the Aspen Municipal Code, of 8500
square feet, which may include an accessory dwelling unit
of the minimum required area, all as defined by the Aspen
Municipal Code, if deemed necessary by ARFP.
It is recognized that Subparagraphs
above are part of an amendment application
Aspen on February 26, 1,993, and
(i) through (ii)
filed by ARFP with
(C) That Aspen agrees that the expanded building envelope
described above may be graded prior to the submission ofa
building permit application for improvements to be located
upon consolidated Lot 9, subject to the obligation of ARFP to
deliver to Aspen a plan for preventing any storm run-off
caused by said grading from entering the Roaring Fork River
prior to the commencement thereof, and
(D) That the amendment of the Plat for the Gordon/Callahan
Re-Subdivision in all respects is approved, as are requested
in ARFP I S application filed on February 26, 1993 and all
amendments thereto upon conditions satisfactory to ARFP, and
(E) That the bicycle easement presently existing within the
ute Place Subdivision be modified to an unpaved pedestrian
only path of three (3) feet in width, which shall align with
and join to the existing pedestrian and utility easement
between Lot 8 and Lot 9 of the Calderwood Subdivision. The
exact location of the unpaved pedestrian only path of which
shall be discussed by Aspen, the Gant Condominium Association
and the ute Place Home Owner's Association, provided however
that the ultimate location shall be determined by Aspen.
Aspen, however, agrees that the alignment of path referred to
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herein shall be along the westerly boundary of Lot 10 ute
Place Subdivision adjacent to the existing Calderwood wooden
fence, if the owner of Lot 10 ute Place Subdivision moves any
trees or plantings which would obstruct the alignment of this
path as contemplated herein.
7) Conditions Subsequent: The following shall be conditions
subsequent to the Agreement set forth herein which condition shall
survive the delivery of the Easement, the Protective Covenants and
any other documents and which shall suryive the performance of any
and all other acts hereunder.
(A) Aspen agrees that it shall not construct either the
bicycle path or the bridge on Parcel B, as are referred to
herein unless and until it presents to ARFP and the owner of
amended Lot 9, Gordon/Callahan Subd~vision, written evidence,
reasonably satisfactory to these entities, that it has
obtained all easements and permits, including, but not limited
to all permits required from the Army corps of Engineers,
necessary to construct and connect a bicycle and pedestrian
path from the existing Benedict Building to either a
comparable paved public bicycle trail, or a minimum of eight
(8) foot wide paved public right of way, or an improved public
park. Further, Aspen agrees that it shall diligently
prosecute and obtain title to all of Parcel A, whether by
quiet title or by condemnation, and that it shall thereafter
cause the Protective Covenants to be re-recorded or take such
other actions as are necessary to evidence the encumbrance of
all of Parcel A with the Protective Covenants. The conditions
subsequent shall survive any closing hereunder and shall inure
to the benefit of ARFP and any subsequent owner of Amended Lot
9 Gordon/Callahan Subdivision.
(B) ARFP acknowledges that the easement across Amended Lot 9
and the city's ability to construct a pedestrian and bicycle
trail within the easement and the placement of a bridge across
the Roaring Fork River as described herein, is an express
consideration for the city to execute this Agreement and for
the imposition of the Protective Covenants upon Parcel A.
ARFP hereby warrants and agrees that it will not initiate,
cooperate with, or be a part of any effort, on its own behalf
or any other third party, either directly or indirectly to
prevent, frustrate, obstruct, thwart or delay the City I S
current plans to construct a pedestrian and bicycle trail
within the easement across Amended Lot 9 of the Gordon/
Callahan Subdivision and to place a bridge across the Roaring
Fork River in a location as set forth in this Agreement,
provided, however, that the City has fully complied with the
terms and conditions set forth in this Agreement. AFRP
further agrees to require any subsequent purchaser of Amended
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Lot 9 of the Gordon/Callahan Subdivision to execute a written
acknowledgement that (1) it has received a copy of the
Easement; (2) understands that the City has the right to
construct a pedestrian and bicycle trail upon the land
described in the Easement and to place a bridge across the
Roaring Fork River as described in Easement, and that the City
has a right to occupy the construction staging areas and have
temporary access over Amended Lot 9 as described in the
Easement; and (3) warrants and agrees that it shall not
unreasonably, and without good qause, initiate, cooperate
with, or be a part of any effort, on its own behalf or on any
other third party, either directly or indirectly to prevent,
frustrate, obstruct, thwart or delay the city's plans for the
pedestrian and bicycle trail and the bridge easement as set
forth in the Easement, provided however, that the City has
fully complied with the terms and conditions as set forth in
the Easement and Protective Covenants affecting the City
property located across the Roaring Fork River from Amended
Lot 9."
8) Conditions Precedent: The completion of all of the
conditions and obligations set forth herein shall be conditions
precedent to the parties obligations hereunder.
9) Addi tional Covenants of Each Partv: Each party, as
amplification of the covenants otherwise contained herein, and not
in derogation thereof, hereby covenants with the other, to do,
execute, and deliver whatever further acts, transfers, assignments,
conveyances, or assurances as the other party may reasonably
require for in order to complete the transaction contemplated by
the parties pursuant to the agreement.
10) Broker's Commission: Each party represents to the other
that no person, firm, or corporation, has been engaged by any party
to this transaction. In the event any party has engaged, on its
own behalf, a real estate broker not disclosed herein, such party
hereby covenants with the other to pay such broker any commission
demanded by such broker or to, at its expense, defend, hold
harmless, and indemnify the other party against any suit or action
brought by such undisclosed broker, which covenants shall include,
but not be limited to, the payment of all costs, judgments,and
attorneys fees, both at trial or upon appeal.
11) Notices: Any notice by any party to the other in
connection with this Agreement shall be deemed to have been fully
given when written and deposited in a sealed envelope with the
United states Postal Service as certified mail with postage
prepaid, and addressed to the party to receive the same at the
address shown in this agreement, or when deposited in a sealed
envelope addressed to the party to receive the same at the address
shown in these instructions with a private overnight air carrier,
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or when dispatched by means of telefax communications to the party
to receive the same at the address shown in this agreement. Any
party may change its address by giving the other party written
notice of the new address in the manner specified herein.
12) Bindinq Effect: This Agreement shall inure to the
benefit of, and be binding upon, the heirs, administrators,
executors, personal representatives, successors in interest, and
assigns of the respective parties hereto.
13) In;unctive Relief and Attornev Fees: In any suit or
action between the parties arising out of, or in, connection with,
any of the terms, covenants or provisions of this agreement, the
Easement, or the Protective Covenants, the prevailing party in such
suit or action shall be awarded, in addition to any equitable
relief, or damages, or both, and costs as provided by law,
reasonable attorneys fees at trial and on appeal. This provision
shall extend to and apply to a suit or action in which the issue
may be whether the terms, covenants, and provisions of this
Agreement are enforceable or null and void. This provision shall,
therefore, be, and is hereby expressly declared by the parties
hereto to be, severable from all terms, covenants, and provisions
of this Agreement, and furthermore this provision shall be
incorporated into the Protective Covenants and the Easement to be
executed pursuant hereto.
Furthermore, both parties recognize that damages alone are not
an adequate remedy for any breach of the covenants and conditions
contained in this agreement or any covenants or conditions which
may contained in any conveyance arising out of the agreement and,
therefore in addition to all other remedies an aggrieved party may
seek injunctive relief to enforce the provisions hereof or of any
conveyance contemplated herein.
14) Headinqs:
for convenience only
Agreement.
The headings contained in this Agreement are
and are not to be construed as part of this
15) Construction: Each and every provision of this Agreement
shall apply equally to each exchange property as the circumstances
may require. This Agreement shall not be construed against the
party paying for this preparation, but shall be construed as if all
parties hereto prepared them. This Agreement may be amended only
in writing signed by all parties hereto.
16) provisions to survive Closinq: The provisions hereof,
including but not limited to all covenants and conditions shall
survive the closing hereunder and shall not be extinguished
thereby.
17) Closinq Costs, Documents and Services: Each party shall
pay their respective closing costs at closing except as otherwise
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JUL 15 '93 12:20 WHEELER SQ LRW RPEEN
P.l/2
provided herein. Each party shall sign and complete all customary
or required documents at or before closing. Fees for real estate
closing, settlement services and all survey costs necessary on-
account of this agreement shall be paid at closing by the parties
equally.
18) Default: Time is of the essence hereof, and if any
payment or other condition hereof 1S not made, tendered or
performed by either of the parties hereto as herein provided, then
this agreement, at the option of the party who is not in default
may be terminated. In the event of s,uch termination, the non-
defaulting party may recover such additional damages as may be
proper. In the event, however, the non-defaUlting party elects to
treat this contract as being in full force and effect, the non-
defaUlting party shall have the right to an action for specific
performance and damages.
191 Counterparts: This Agreement may be executed in
counterparts, all of which when taken together shall constitute an
original document.
20) Applicable Law: This Agreement shall be construed in
accordance with the laws of the State of Colorado and the venue for
any action arising hereunder shall be exclusively in the District
Court in and for the state of Colorado, sitting in Pitkin County,
Colorado.
211 Entire Aqreement: This Agreement constitutes the entire
agreement between the parties and all prior negotiations are merged
into this Agreement.
IN WITNESS WHEREO~, the parties have executed this Agreement
as of the day and year first above written.
THE ASPEN RIVER FRIENDS, a
Colorado Partnership
CITY OF ASPEN
THE PETER C. MEINIG REVOCABLE
:::S~~~ARTNER
By:
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JUL 15 '93 14:21
PRGE.001
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-,-- Tl.lc .CU.L.O:;~,-,.i..U'rJ Ay.r..c-cmo:::uL wa.~ b-.L.yut:::u Lt;:.('u.Lt:: ~ut::: Lh.i..~ ~ llay uE
J lA,/ U , 1993 by The Peter C. Meinig Revocable Trust, General
~ Peter C. Meinig, Trustee FOR THE ASPEN RIVER FRIENDS, a
Colorado Partnership.
Witnep~ my hand and offioia1 s
My'commission Expires:
JUL 15 '93 13:58 WHEELER SQ LRW RPEEN
STATE OF OKLAHOMA
ss.
COUNTY OF TULSA
Notary
STATE OF COLORADO
ss.
P.l/!
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Pub,lio
COUNTY OF PITKIN
~ The, foregoin~~em~n~was signed before me this ~ day of
~. lqq1 hy ~ ~~for thQ CITY OF ~SPRN.
Witness my hand and Offic~al~
MY """'i..ion ,"pim' 4:R7 ~J-!JaJtL (1.~
Notar. Public
12,
JUL 15 '93 15:58
PAGE.001
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Exhibit "A"
Exhibit "B"
Exhibit "c"
Exhibit "D"
Exhibit "E"
c:\wpfiles\frd\afrpcle2.agr
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LIST OF EXHIBITS
Legal Description of city of Aspen Property
(Parcel A)
Legal Description of ARFP Property (Parcel B)
Map of general location of pedestrian path on
Parcel A
Plans, specifications, pictures of approved
Bridge Design and Trails
Map showing Construction staging
Temporary Access over Amended Lot
Callahan Subdivision
areas and
9, Gordon
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Parcel "A"
CUy Council J!!,..hi h1.t A
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A tract of land being a part of Tract B (41) Aspen Townsite Addition Sec. 18 TI0S R84W
6PM (plat approved May 21, 1957) and the Helen C. Bird entry (plat approved Dec. 22,
1891) described as follows:
Beginning at a point from whence Corner 9 of Tract B (41) (A 1954 Brass
Cap) bears S 000 21' W 449.45 feet;
Thence N 000 21' E 468.07 feet;
Thence S" 610 21' E 83.79 feet along the south line of Calderwood
Subdivision to the centerline of the Roaring Fork River;
Thence S 150 35' W 149.64 feet along the centerline of the Roaring Fork
River;
Thence S 230 15' E 222.00 feet along the centerline of the Roaring Fork
River;
Thence SOlo 40' W 79.10 feet;
Thence N 890 01' W 120.50 feet to the point of beginning.
Description written by City Engineer, Aspen, Colorado, this 28th day of June, 1993, based
on a survey prepared by a registered surveyor and on file at the Office of the City
Engineer at Drawing No. 855-36.
m~f.&JK
Charles E. Roth III
M9J.162
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Recorded at _
Reception No.
#360357 08/24/93 14:50 Rec $.00 BK 722 PG
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
...."'....V.U...l.
1.05
QUIT CLAIM DEED
City Council Exhibit il~
Approved , ~9 q 3
By Ordinance . biB -
5'2.;<'; Q~ e,f I LJ.3
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THIS DEED, Made this 23rd dayof June
between BOARD OF COUNTY COMMISSIONERS
PITKIN, COLORADO
,19 93.
OF THE COUNTY OF
of the 'Countyof Pitkin
Colorado. grantor(s), and The City of Aspen,
municipal corporation,
and State of
Colorado, a
whose legal address is
Colorado 81611
of the
130 South Galena Street, Aspen,
County of
Pitkin
and State of Colorado. grantee(s),
WITNESSETH. That the grantor(s). for and in consideration of the sum of 'Ten Dollars ($10.00) and other
good and valuable consideration --------------------------------------- DOLLARS
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(s), its :xheirx, successors and assigns,
forever, all the right, title, interest, claim ~lilJ demand which the grantor(s) haS in and to the real property, together with
improvements, if any, situate, lying and being in the County of Pitkin and State of
Colorado, described as follows;
A tract of land'located in SE 1/4 NW 1/4 SW 1/4 NE 1/4 SW 1/4 & NW 1/4 SE 1/4
Section 18 Township IDS., Range 84 West of the 6th, P.M.
The above description includes: Lot 14-37 in NE 1/4 SW 1/4 in Section 18
Township 10 S., Range 84 West of the 6th P.M. Lot 6 in SE 1/4 NW 1/4 in Section
18 Township 10 S., Range 84 West of the 6th P.M. Lot 13 NW 1/4 SE 1/4 (.60 acres)
in Section 18 Township 10 S., Range 84 West of the 6th P.M. Lot 35 in SW 1/4 NE
1/4 (.99 acres) in Section IS Township 10 S., Range 84 West of the 6th p.M.
A tract of land in SW 1/4 NE 1/4 Section 18 Township 10 S., Range 84 West of the
6th P.M. between Hoag Entry and Vedic Property and Riverside Placer loca',d as
follows: Beginning at NE corner of Lot 35 in SW 1/4 NE 1/4, thence North 146
feet to center line of Roaring Fork River; thence N 35032' W, along center line
of Roaring Fork River on west line of Vedic property 186 feet; thence N 4033' W
612.4 feet; thence South along east boundary of Lot Q Block 42 East Aspen; thence i
westerly along soubh line of Lot Q to point 40 feet west which intersects "J,
line S. 19046' East; thence N 61027' West 54 feet to east line of Hoag E.,t':,;
thence S 0048' W 510 feet to point on Lux Placer line between corners 31 alld 32;
thence S 450 E 291 feet to Point of Beginning, 1.6 acres.
also known by street and number as:
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belong!n~~ ;,r in
anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s). either in law or t:quit; to
the only proper use. benefit and behoof of the grantee(s), its :mckocaml assigns forever.
IN WITNESS WHEREOF, The grant s ha executed this deed on the date set forth above.
OF
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By:
C
11ft'. To.u-., /7'1
STATE OF COIDRADO.
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