HomeMy WebLinkAboutresolution.council.023-04RESOLUTION NO. 23
Series of 2004
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE
CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF ASPEN, AN
AGREEMENT BETWEEN THE CITY OF ASPEN, PAUL E. AND VIRGINIA I.
SOLDNER FAMILY LIMITED PARTNERSHIP, LLLP, AND THE BAR/X RANCH,
LLLC, RELATING TO THE CONVEYANCE OF CERTAIN LANDS FOR THE
CONSTRUCTION OF AN ACCESS ROAD TO THE BURLINGAME AFFORDABLE
HOUSING PROJECT.
WHEREAS, there has been submitted to the City Council a proposed Agreement
between the City of Aspen, Paul E. and Virginia I. Soldner Family Limited Partnership,
LLLP, and the Bar/X Ranch LLC, relating to the conveyance of certain lands for the
construction of an access road to the Burlingame Affordable Housing Project; and
WHEREAS, after due deliberation and consideration the City Council has
determined that it is in the best interest of the City of Aspen to approve said agreement
and authorize the City Manager to execute same on behalf of the City of ASPen
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, that the City Manager is hereby authorized to execute
on behalf of the City of Aspen the Agreement in substantially the form as appended
hereto as Exhibit A.
Dated:~~/~ ~
H ayor
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/~tZ~c ~ ,~5,2004. ~
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SILVZ~ DAVIS PI'TK[N COUNTY CO R 101.00 D 0.00
SECOND AMENDED AND RESTATED
AGREEMENT TO BUY AND SELL REJAL ESTATE
THIS AGREEMENT, made and entered on this ' ,,~ Z:[ , 20~,-by
and between the City of Aspen, a Colorado home rule municil~h~'/~orpJration ("City"), Paul E.
and Virginia I. Soldner Family Limited Partnership, LLLP, ("Soldner") and Bar/XRanch LLC, a
Colorado limited liability company ("Bar/X").
WHEREAS, the City and Bar/X have entered into that certain Amended and Restated
Pre-Annexation Agreement dated January 14, 2004, setting forth a proposed Development Plan
for free market a nd affordable housing development o n 1 and owned b y B ar/X Ranch and t he
Burlingame Ranch owned by the City; and
'WHEREAS, Soldner and Bar/X desire the access road from Highway 82 to the proposed
development on the aforementioned land be aligned on the westerly side of the Soldner property;
and
WHEREAS the City has determined that the best alignment of the access road should be
on the westerly side of the Soldner property, in part, to accommodate the wishes of Soldner and
Bar/X; and
WHEREAS, the parties hereto desire the westerly alignment for the access road to
mitigate 'as much as possible the environmental and that will be caused by
the construction of such an access road; and
WHEREAS, the parties hereto have
access road will require that it be constructed on a
a westerly
Wt4EREAS, the parties hereto agree on
and desire to exchange certain portions of their
traverse
and
WHEREAS, the parties hereto have come to
boundaries of the Soldner property in relationship to the pro[
and the parties desire to memorialize that agreement by exchanging
the proper legal
the City and Bar/X
quit claim deeds.
NOW, THEREFORE, the parties hereto, for the consideration hereinafter set
forth, agree as follows:
1. THE ACCESS ROAD ALIGNMENT: The parties hereto agree that the access
road to serve the Burlingame Affordable Housing Village and certain portions of the Free Market
component of the Bar/X Ranch as further described in that certain Amended and Restated Pre-
Annexation Agreement dated January 16, 2004, shall be on the westerly side of'the Soldner
property the alignment of which is generally shown and depicted on the map appended hereto as
Exhibit A and by this reference made a part hereof.
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SILVIA DAVIS PITKIN COUNTY CO R 101.00 D 0.00
Depicted as Parcel D .on Exhibit A appended hereto.
e. City shall quit claim deed to Soldner, conditional upon the terms and
conditions set forth .below, the following described real estate property situated in
the County of Pitkin, State of Colorado (the "Property"), to wit:
See Exhibit C-5 appended hereto
Depicted as Parcel E on Exhibit A appended hereto.
f. Soldners shall quit claim to Bar/X, conditional upon the terms and
conditions set forth below, the Property located to the East of the.historic fence
line that has existed between the Soldner Property and the Bar/X 'Property prior to
the recent reconstruction of that fence. This parcel is depicted as Parcel C on
appended Exhibit A. The legal description of this parcel is appended hereto as
Exhibit C-6.
3. PURCHASE PRICE. The total consideration for the conveyances of the
properties described herein shall be the terms and conditions of this agreement.
4. DATES AND DEADLINES.
Item No. Reference Event Date/Deadline
A 5f City Council Approving ResolutiOn Deadline March 23, 2004
B 7 Closing Date May 28, 2004
C 9 Possession Deadline Date May 28, 2004
5.. CONDITIONS. The transactions contemplated herein are specifically contingent
upon the following:
a. Bar/X shall convey to City a permanent thirty-seven (37) foot wide utility
easement (the "Utility Easement") upon which the City shall locate underground utilities.
The easement s hall b e immediately adjacent t o and t o t he East o f t he finally adjusted
boundary between the Soldner property and the Bar/X Ranch property and shall run to
the North to connect with the Burlingame Affordable Housing Village. The final
easement location shall be depicted on the Final Plat submitted by the Bar/X Ranch to the
City of Aspen Community Development Department, unless any party to this agreement
requests a final legal description of the easement. In the event that a final legal descrition
is requested by any party, the legal descriPtion shall be prepared within fifteen (15) days
of such a request. The general location of this easement is depicted as Parcel F on the
'appended Exhibit A.
Bar/X shall grant to City a temporary mobilization, construction, staging
and storage license (the "Licensed Area") for a period of twenty four months
commencing on the date that the contractor for utility work commences construction. The
Licensed Area shall consist of a 60 foot wide area which includes the Utility Easement
referenced at subsection 5.a. above and extending to the east an additional 23 feet; and, a
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SILVIA D~VIS PITKI~ COUNTY CO R 10!.00 O 0.00
separate area (the "Additional Licensed Area") of no greater than 15,000 square feet the
general location of which is shown and depicted on Exhibit B appended hereto;
provided, however, that the area is accessible from the Licensed Area. Upon completion
of the utility work and the construction of the westerly road, City shall re-vegetate and re-
plant the Utility Easement, the Licensed Area and the Additional Licensed Area to its
original condition, to the reasonable satisfaction of the Soldners and the Zolines. The
general 1 ocation o f t he Licensed Area s hall b e depicted a s Parcel G o n t he appended
revised Exhibit A.
c. City shall take reasonable steps to mitigate the environmental and
aesthetic disturbance caused by the construction of the aforementioned westerly access
road and to mitigate the impacts of the use of the road to the Soldner Property. Said
mitigation shall include replanting sage and other landscaping, berms where reasonable
and other reasonable vision obstructing and sound dampening methods in the design and
construction of the access road, and installation of irrigation systems adequate to insure
the viability of all plantings installed by the City pursuant to this Agreement. All
mitigation shall be designed and installed to the reasonable satisfaction of the Soldners.
All disputes and differences regarding the replanting of sage, other landscaping
mitigation measures, vision obstructing and sound dampening methods referenced above
shall be settled by arbitration. At the time a dispute or difference between the parties is
identified, the parties to the dispute may agree upon a method to submit the dispute or
difference t o arbitration. I f t he parties t o t he dispute o r difference a re unable t o agree
upon a method to arbitrate the dispute or difference, the parties shall proceed in
accordance with the Colorado Uniform Arbitration Act, § 13-22-201, C.R.S. et seq.
d. City shall cause to be prepared and filed a corrected Annexation Map for
the Burlingame Ranch which may be in error due to the changes in property ownership
described herein.
e. Bar/X and City shall enter into a Fourth Amended and Restated Pre-
Annexation Agreement that incorporates the changes agreed to by this Agreement. Said
amendments shall .include the realignment of the access road, the temporary and
permanent utility easements and licenses described herein, and the following
commitments made by Bar/X to accommodate the westerly alignment of the access road:
i. To compensate for the additional engineenng and staff costs
associated with the redesign of the access road, Bar/X shall make, from the
closing on the initial sale of each of the 12 free market lots on the Bar/X Ranch, a
payment of $25,000.00 to the City; a total of $300,000.00.
ii. To compensate for the loss of the sage brush to accommodate the
westerly alignment of the access road, and to compensate for the impacts to the
Soldner Property, Bar/X shall make from the closing on the initial sale of each of
the 12 free market lots on the Bar/X Ranch a payment of $16,666.67 to the City to
be used by the City, in its sole discretion, for open space or sage brush
preservation and shall make from the closing on the initial sale of each of the 12
free market lots on the Bar/X Ranch a payment of $8,333.33 to a non-profit entity
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SILVIA DAVIS PITKIN COUNTY CO R 101.00 D 0.00
of Soldner's choice charged with the maintenance and operation of the Soldner
Property as a cultural center, toward an endowment for the maintenance and
operation of the Soldner Property as such cultural center. In addition, Bar/X shall
require that its successors .in interest in each free market lot, for a period of 50
years, make from any subsequent sale of a free market lot in the Bar/X Ranch a
payment of $6,666:67 to the City to be' used by the City, in its sole discretion, for
open space or sage brush preservation, and a payment of $3,333.33 to the non-
profit entity of Soldner's choice charged with the maintenance and.operation of
the Soldner Property described above, toward the referenced endowment.
iii. The payments required under subparagraphs 5 e. i and ii above
shall not be payable upon any bulk sale of the 12 free market lots. Bulk sale as
used herein shall mean the sale of all 12 free market lots in one transaction. Bar/X
shall incorporate the commitments set forth at subsections (i) and (ii), above, in
'covenants burdening the titles of successors in interest of any free market lots sold
in the free market component of the Bar/X Ranch.
iv. Bar/X shall construct at its cost a temporary ditch to the east of
the existing ditch along the Soldner boundary in order that the area in which
utilities and temporary access road are to be installed is not irrigated prior to their
construction. After the City has re-vegetated and re-planted the Utility Easement,
the Licensed Area and the Additional Licensed Area, Bar/X shall relocate its
irrigation ditch to its current and historic location, on and adjacent to the Soldner
Property for purposes of transporting the Water Rights and otherwise irrigating
the Bar/X Ranch. In addition, in the event the Soldner wells stop producing water
of a quantity and quality necessary for the Soldners' domestic and irrigation water
needs during the period of construction; the City will fill the Soldners water
.cistern on an as needed basis, at no cost to the Sotdners.
This Agreement is specifically conditioned upon the approval of the Aspen City
Council evidenced by a duly approved Resolution of the Aspen City Council.
Bar/X and the City will insure that the Conservation Easement for the irrigated
pasture immediately to the East of the Soldner Property will require that the irrigated
pasture, for at least 125 yards to the East of the Soldner Property, shall remain
undeveloped, in agricultural use, and specifically prohibiting the development of any
trails, roads, (other than ranch type roads used to serve agricultural uses) buildings,
barns stalls, arenas or the like. Nothing herein shall restrict the construction,
maintenance, or repair of fences necessary for agricultural uses.
Neither the City nor Bar/X shall take any action or cause Stage Road to change its
current configuration or size, including an increase in width of the driving surface in
excess of 22 feet or relocation without Soldners' reasonable consent, and that Stage
Road will not be used by the City or Bar/X for any additional traffic, except those
free market parcels of the Bar/X development that are currently anticipated to be
accessed by Stage Road in the Agreement with the City or by any other third party
with fight's to the use 0i' Stage Road. If, without cost to Bar/X, Bar/X is provided with
o
SILVIA 3AVIS PITKIN COUNTY GO R 101.00 D 0.00
all necessary easements or other rights to do so, the portion of Stage Road between
the common boundary line of the Soldner Property and Bar/X and its intersection
with the portion of said road that crosses onto the Maroon Creek Club near its driving
range, will be maintained by Bar/X, or its assignee or designee, at their expense,
pursuant to similar standards as applied to the free market component of the Bar/X.
Bar/X recognizes that the Soldners domestic water supply comes from wells on the
Soldner Property and will do nothing with respect to the maintenance of Stage Road
that will in any way affect the quality of their domestic water supply.
IfBar/X develops a Cultural Use Area as contemplated on its Property, Bar/X and the
City agree that all vehicular access to the Cultural Use Area shall be along the
Western access road; there shall be no vehicular access along Stage Road to the
Cultural Use Area. Notwithstanding any language to the contrary, this section shall
not be interpreted or construed to require the City to approve the Cultural Use Area,
require the City to pay for the cost of any access road to the Cultural Use Area from
the westerly access road, or prevent the City from conditioning any approval of the
Cultural Use Area upon appropriate mitigation measures, if any.
City will allow the Soldner Property two water hookups at any time, up to a
maximum of 8 ECU's, 4 ECU's per hookup, and the City will waive any utility
investment charges associated with such hookups at the time of such hookups.
Soldner will be responsible to pay all costs associated with hooking up to and
connecting water service to the Soldner Property, except for such waived utility
investment charges. In the event tl~e Soldner Property hooks up to City water, it shall
be allowed to retain its Wells and associated water rights, including the Water Rights,
for irrigation purposes, through a standard City of Aspen perpetual Ra~v Water Use
Agreement with the City, which shall not cost the Soldner Property more than $1.00
per year and which shall not be unilaterally terminable by the City. The standard City
of Aspen Raw Water Use Agreement shall include a provision that the Soldners shall
be subject to all City of Aspen water use regulations of general applicability.
The access to the Soldner Property-currently is through the Maroon Creek Club.
Notwithstanding the development of the new "Harmony'Lane" and Stage Roads,
neither the City nor Bar/X will do anything to impair the Soldners' right of access
through the Maroon Creek Property.
COVENANTS, REPRESENTATIONS AND WARRANTIES OF THE
PARTIES. The parties hereto hereby covenant, represent and warrant to each other the
following, all of which shall be true, accurate and complete as of the date hereof and shall
survive the closing:
a. Status and Authority. Each party warrants that is has the right,
legal capacity and authority to enter into and perform its obligations under this
Agreement, and the documents to be executed and delivered by such party pursuant
thereto.
6
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SILVIA DAVIS PITKIN COUNTY'CO R 101.00 D 0.00
b. No Liabilities. Prior to or at the time of Closing each party hereto
shall pay, or otherwise secure the release of, every debt, account payable, liability or
obligation of any nature whatsoever, contingent or otherwise, that is, or could become, a
lien or other encumbrance against the properties to be conveyed by such party, and none
of the parties hereto shall engage in any action with respect to the properties to be
conveyed between the date of execution of this Agreement and the closing date that could
give rise to a lien or claim against the properties to be conveyed.
c. Litigation. To the best of each party's knowledge, no action, suit
or proceeding i s p ending o r, threatened against, t he properties t o b e conveyed b y such
party or affecting such party'.s interest in, management of, or other activities with respect
to, the properties to be conveyed by such party. Each party hereto represents to the other
parties that it is not in default of any order of any court, arbitrator or governmental body
respecting such party's properties.
d. No Conflict. Each party represents that its execution and delivery
of this Agreement and the documents required hereunder, and the consummation of the
transactions contemplated herein, will not: (1) conflict with or be in contravention of any
provision of any law, order, rule or regulation applicable to the representing party or the
properties to be conveyed by such party; (2) result in the breach of any of the terms or
provisions of, or constitute a default under, any agreement or other instrument to which
such party is a party, or by which it or any portion of the properties to be con~ceyed by it
may be bound or affected; (3) permit it to terminate any such agreement or instrument or
to accelerate the maturity of any indebtedness or other obligation of such party; or (4)
result in any lien, charge or encumbrance of any nature on the properties to be conveyed
by such party other than as permitted by this Agreement.
e. Use of Properties to be Conveyed Pending Closing. Between the
date of this Agreement and the closing date, each party hereto:
(i) Shall maintain its respective properties to be conveyed in
their current condition, normal wear and tear excepted;
(ii) Shall not permit its respective properties to be conveyed to
be used or operated in any manner that would be in violation of
any local, state or federal law or regulation.
f. No Other Contract. Other than agreements referred to herein, each
party represents that it is not a party to any other contract or agreements, oral or written,
which affect the properties to be conveyed by such party, which will survive the closing.
7. CLOSING. The parties hereto agree that closing shall be scheduled no later than
Closing Date (§4B), provided, however, that prior to the Closing Date the parties may mutually
agree to an earlier'date. The hour and location of Closing shall be mutually agreed to by the
parties.
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DAVIS PITKIN COUNTY CO R 101.00 D 0.00
8. DELIVERY OF TITLE AND EASEMENT. Subject to compliance with the other
terms and provisions hereof, the parties hereto shall execute and deliver quit claim deeds at
Closing conveying title to the properties as contemplated herein to the appropriate parties and
free and clear of all liens and encumbrances except those disclosed.
9. POSSESSION. Possession of the properties to be conveyed shall be delivered to
the appropriate parties the closing date.
10. NOT ASSIGNABLE. This Agreement shall not be assignable by any of the
parties hereto without the other parties' prior written consent.
11. SURVIVAL OF COVENANTS, REPRESENTATIONS AND WARRANTIES.
The covenants, representations, warranties and indemnities made by the parties to this
Agreement, and the obligations and agreements to be performed or complied with by the
respective parties hereunder on or before the closing date, shall survive the closing,.
12. ENTIRE AGREEMENT. Except for other agreements referred to herein, this
Agreement constitutes the entire agreement between the parties hereto, and supersedes all prior
and contemporaneous agreements, representations a nd understandings o f t he parties regarding
the subject matter of this Agreement. No supplement, modification or amendment of the
Agreement shall be binding unless executed in writing by the parties hereto.
13. COUNTERPARTS. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
14. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, successor and assigns.
15. RECOMMENDATION OF LEGAL COUNSEL. By signing this document, the
parties hereto acknowledge the advisability of obtaining the advice of independent legal
regarding examination of title documents and the terms of this Agreement.
16. GOVERNING LAW. This Agreement shall be governed by and be construed in
accordance with the laws Of the State of Colorado and the parties hereto hereby consent to the
exclusive jurisdiction of the Colorado state courts in the event of any controversy or suit arising
hereunder.
17. SEVERABILITY. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of
this Agreement shall remain in full force and effect and shall in no way be affected, impaired or
invalidated.
18. TERMINATION. In the event this Agreement is terminated for any reason,
pursuant to the terms hereof, all money payments, with any accrued interest, and things of value
paid hereunder shall be returned forthwith to the appropriate party.
SILVtA DAVIS PIT~(IN COUNTY CO R 101.00 D 0.00
19. NOTICES. A 11 notices a nd other c 9~un. icat!?ns t.e~rgd in connecfig~ .with~
this Contract shall be in writing, and shall be deemed to have been duly given when delivered in
person or by telefax, or on the fourth day after mailing, if mailed registered or certified mail,
postage prepaid and properly addressed as follows:
To City:
To Soldner:
To Bar/X:
City Attorney
130 South Galena Street
Aspen, Colorado 81611
Frederick F. Peirce, Esq.
600 East Hopkins
Aspen, Colorado 81611
Herb Klein, Esq.
201 North Mill St., Suite 203
Aspen, ' Colorado 81611
20. FACSIMILE TRANSMISSIONS. It is mutually agreed upon by all the parties to
this Agreement that, if necessary, facsimile communication shall be an acceptable and binding
form of communication. An original shall be provided to the other party(ies) at closing with
original signatures.
City of Aspen:
By:
Cits; Manager
Date
Paul E. and Virginia I. Soldner Family Limited PartnershiP, L~LP:
By:
Title:
Bar/X Ranch LLC:
By:
Title:
497592
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SILVIA DnVlS PITKI~ COUNTY CO E 101.00 D 0.00
Date
JPW- saved: 5/6/2004-3907-G:\john\word~agrXsoldner-bar-x-5-6-04.doc
10
City, of Aspen:
laage: 11 o¢ 19
05/14/2004 02:371
SILVIA DAVIS PITKIN COUNTY CO R I01.00 D 0,00
By:
City Manager Date
Paul E. and Virginia I. Soldner Family Limited Partnership, LLLP:
By:
Title:
Date
JPW- saved: 5/6/2004-3907-NSZOLINE\Soldner\soldner-bar-x-5-6-04(final-clean).wpd
10
Exhibit B
PaBe: 13 o¢ 1~
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SII VIA DAVT$ PITK~N COUNTY CO R 101.00 D 0.00
SOLDNER
PROPERTY
STAGE ROAD
STAGING AREA
......................... 13 April 2004
~ ....... Exhibit C-i "' 2003-126.001
........ ~ ............. i .......... i ........ i ......... PARCELA CITY OF ASPEN TOSOLBNER
A tract of land situated within a parcel of land described as Burlingame Ranch
Subdivision, recorded at Plat Book 50 Page 88 dated 16 July 1999, also being in
Section 2, Township 10 South, Range 85 West of the 6th Principal Meridian,
................................................. .Ritkin C.ounty,.Co!orado being more particularly described as follows:
Beginning at an angle point along the eastern boundary of said Burlingame
....... Ranch Subdivision also being on the northerly line of a parcel of land de§cribed
at Book 181 Page 320 from whence the West ¼ Corner of said Section 2 bears
N70°08'54"W a distance of 1182.12 feet with all bearings being relative to
N04°41'i9"E between the West ¼ Corner and the NorthweSt COrner of said
Section 2; thence along the easterly line of said Burlingame Ranch Subdivision
the following two (2) courses, N02°52'40"E a distance of 165.48 feet; thence
N00°30'22"W a distance of 234.64 feet; thence S26°03'50"W a distance of
323.86 feet; thence S34°04'47"W a distance of 120.81 feet; thence S84°03'00"E
a distanCe of 204.24 feet; thence N02°52'40"E a distance of 12.27 feet the Point
of Beginning, said parcel containS 0.9283 acres more or less.
t IIIIII IIIII Ill IIit III III IIiil IIII1 II! Ii11111 IIII ,,
05114/2004 02:371
SILVIg DAVIS PITKIN COUNTY O0 I~' '101.00 D 0.00
Q:\2003~ 126.001 tquit'claim deed parcel a.doc
16 April 2004
2003-126.001
SOLDNER TO CITY OF ASPEN
A strip of land situated within and along the northerly limits a parcel of land
described at Book 181 Page 320 and being contiguous to the Burlingame Ranch
~ubdivision recorded at Plat Book 50 Page 88, also being in Section 2, Township
10 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado
being more.particularly described as follows:
Beginning at a point on the northerly line of said parcel of land also being an
"angle point along the eastern boundary of Burlingame Ranch Subdivision
recorded at Plat Book 50 Page 88 from whence the West ¼ Corner of Section 2.
bears N70°08'54"W a distance of 1182.12 feet with all bearings being relative to
N04°41'19"E between the West % Corner and the Northwest Corner of said
Section 2; thence N86°29'39"W a distance of 287.21 feet along the northerly line
of said parcel described at Book 181 Page 320 and being common to said
Burlingame Ranch Subdivision boundary from which the northwest corner of said
parcel of land being common to said Burlingame Ranch Subdivision bears
N89°29'39"W a distance of 34.12 feet; thence S84°03'00"E a distance of 287.60
feet; thence N02°52'40"E a distance of 12.27 feet to the Point of Beginning, said
parcel contains 0.0404 acres more or less.
t111111 II II IIIIII III Illllll I!11 Ilill III III II III IIII ,,
05/1.4/2004 02:371
SILVIA DAVIS PITKIN COUNTY CO R 101.00 D 0.00
Q:~2003\126. OO11quit claim soldner to city. doc
.j ~.$CHMUESER [ GORDON :l' MEYER
i ~ ENGI N EERS I SUiRVEYO RS
...... k ...... "---~ ...... ~ .... i ........ l ........... ~
GLENWOOD SPRINGS
I 8 W.6TH SUITE 200
OLENWOOD SPRINGS, CO 8i60l
gFo-g45' I 004
k"X: gTo-g45-sg48
Exhibit 'C-2
ASPEN
P.O. BOX 2 155
ASPEN. CO 8 I 6 I 2
970-g25-~7~: 7
FA: g70-925-4157
29 April 2004
2003-126.001
970"34g-5355
FX: g70-34g-5358
..... PARCEL b - SOLDNER TO THE CiTY Of ASPEN
A strip of land situated within the Burlingame Ranch Subdivision recorded as Plat
' ~ Book 50 Page 88 dated 16 July 1999, and within a parcel of land described at
Book 181 Page 320, also being.in'Section 2, Township t0 South, Range 85.West
of the 6th Principal Meridian, Pitkin County, Colorado being more particularly
described as follows:
Beginning at a point on the northerly line of said parcel of land described at Book
.181 Page 320 and being common to the boundary of said Burlingame Ranch
Subdivision from which the northwest corner of said parcel of land and being
common to said Burlingame Ranch Subdivision bears N86°29'37"W a distance of
34.12 feet and the West % Corner of Section 2 bears N65°03'05"W a diStance of
910.04 feet with all bearing being relative to N04°41'19"E between the West %
Corner and the Northwest Corner of said. Section 2; thence S84°03'00"E a
distance of 83.44 feet; thence S13°54'40"W a distance of 403.00 feet; thence
S26°19'0.5"W a distance of 27.92 feet to a point on the westerly boundary of said
parcel of land and being common to.the boundary of said Burlingame Ranch '
Subdivision from which the southwest corner of said parcel of land and common
to said Burlingame Ranch Subdivision bears S01°02'37"E a distance of 183.38
feet; thence S26°19~05"W a distance of 49.84 feet; thence S40°00'43"W a
distance of 41.85 feet; thence N00°06'52"E a distance of 509.33 feet; thence
S84°03'00"E a distance of 74.67'feet to the Point of Beginning, said parcel
contains 1.0909 acres more or less.
I!1111 III!1 IIIII! III Ill IIII IIIII III Iii[Il Iil IIII
SILVIA DAVIS PITKIN COUNTY CO R 101.00 D 0.00
Q:\2003\ 126, O01 \quit claim deed parcel b. doc
Exhibit C-4
16 April 2004'
2003-126.001
., : PARCEL D-,CITY OF ASPEN TO SOLDNER
A strip of land situated within the Burlingame Ranch Subdivision recorded at Plat
Book 50 Page 88 dated 16 July 1999, also being in Section 2, Township 10
..... South, Range 85 West of.the 6th Principal Meridian, Pitkin County, Colorado
being more particularly described as follows:
Beginning at an angle point as shown on said Burlingame Ranch Subdivision
also being the southwestern corner of a parcel of land described at Book 181
.Page 320 from whence the West ¼ Corner of Section 2 bears N38°57'32"W a
distance of 1275.82 feet with all bearings being relative to N04°41'19"E between
the West ¼ Corner and the Northwest Section Corner of said Section 2; thence
S83°07'37"E a distance of 291.77 feet along the boundary line of said
Burlingame Ranch Subdivision being common to the southerly line of said parcel
of land described at Book 181 Page 320; thence S05°34'14"W a distance of
12.13 feet along an easterlY line of said Burlingame Ranch Subdivision from
which the southeast corner of said Burlingame Ranch Subdivision bears
S05°34'14"W a distance of 48.76 feet; thence N81°14'33"W a distance of 291.85
feet; thence N01°02'37"W a distance of 2.55 feet to the Point of Beginning, said
parcel contains 0.0490 acres more or less.
05/14/2004 02:371
SILVIA DAViS'PI'TKIN COUNTY CO R 10~.00 D 0.00
0:\20031126. O01%quit claim deed parcel d. doc
Exhibit C-5
15 April 2004
2003-126.001
....................................... CITY.OF ASPEN TO SOLDNER
A-strip'Of land' situated within the Burlingame Ranch Subdivision recorded at Plat
Book 50 Page 88 dated 16 July 1999, and being contiguous to the westerly and
.8o¢t).~.r!y boundary's ora parcel of. land described at BOok 181 Page 320, also
being in Section 2, Township 10 South, Range 85 West of the 6th Principal
Meridian, Pitkin County, Colorado being more particularly described as follows:
Beginning at a point at an angle point' on the easterly boundary of said
Burlingame Ranch Subdivision also being the southwest corner of said parcel of
land described at said Book 181 Page 320, from which the West ¼ Corner of
Section 2 bears N38°57'32"W a distance of 1275.82 feet, with all bearings being
relative to N04°41'19"E between the West ¼ Corner and the Northwest Corner of
said Section 2; thence N01°02'37"W a distance of 610.40 feet along line common
to said Burlingame Ranch Subdivision and said parcel of land described at Book
181 Page 320 to the northwest corner of said parcel of land also being common
to said Burlingame Ranch Subdivision; thence S86°29'27"E a distance of 34.19
feet along the northerly line of said parcel of land described at Book 181 Page
320 also being common to said Burlingame Ranch Subdivision; thence
N84°03'00"W a distance of 74.74 feet; thence S00°06'52"W a distance of 610.40
feet; thence S81°14'32"E a distance of 53.21 feet; thence NO1°O2'37"W a
distance of 2.55 feet to the Point of Beginning, said parcel contains 0.6520 acres
more or less.
Page: 18 of 19
0511412004 021371
$ILVIA DAVIS PITKIN COONTY-CO ..... R 101.00 D 0.00
0:12003\126, O01\quit claim deed city to soldner, doc
Exhibit C-6
16 April 2004
2003-126.001
.......................... SOLDNER TO ZOLINE
A strip of land situated within and along the easterly limits of a parcel of land
deScribed B'b'ok 181Page 320, also being in Section 2, Township 10 South,
Range 85 West of the 6th. Principal Meridian, Pitkin County, Colorado being more
particularly described as follows:
Beginning at a point on the northerly line of said Book 181 Page 320 also being
an.angle point along the eastern boundary of Burlingame Ranch Subdivision
recorded at Plat Book 50 Page 88 from whence the West ¼ Corner of Section 2
bears N70°08'54"W a distance of 1182.12 feet with all bearings being relative to
N04°41'19"E between the West ¼ Corner and the Northwest Corner of said
Section 2; thence S86°29'23"E a distance of 33.63 feet along the northerly line of
said parcel of land; thence S01 °02'31"E a distance of 631.45 feet .along the
easterly boundary of said parcel of land; thence N83°07'27"W a distance of 47.33
feet along the southerly line of said parcel to a point on a north-south fence line
also being the westerly line of a parcel of land described at Book 351 Page 144
from which the southwest corner of said parcel of land bears S01°01'58"W a
distance of 59.74 feet; thence along said fence line also being the westerly line of
said parcel of land the following five (5) courses N01°01'58"E a distanCe of
143.85 feet; thence N02°02'27"E a distance of 109.93 feet; thence N00°19'27"E
a distance of 298.14 feet; thence N00°41 '53"W a distance of 62.14 feet; thence
N2°29'43"E a distance of 0.91 feet; thence N84°03'00"W a distance of 6.15 feet;
thence N02°52'40"E a distance of 12.27 .feet to the. Point of Beginning, said
parcel contains 0.5178 acres more or less..
05/14/2004 02
~ILVIA DAVIS PITKIN COUNTY CO 'R 101,00 O 0.00
Q:\2003~126. O01 \quit claim soldner to zoline.doc
QUIT CLAIM DEED
THIS DEED, made this [ hO'day of May 2004, between PAUl, E. AND VIRGINIA I.
SOLDNER FAMILY LIMITED PARTNERSHIP, LLLP, a Colorado limited liability limited partnership,
("Grantor") and THE CITY OF ASPEN, a Colorado Home Rule Municipality, whose address is 130
S. Galena Street, Aspen, CO 81611 ("Grantee"):
WITNESSETH, That the Grantor, for and in consideration of the sum of One and
no/100 Dollars ($1.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these
presents does remise, release, sell and QUIT CLAIM unto the Grantee, its successors and assigns
forever, all the right, title, interest, claim and demand which the Grantor has in and to the real
property, together with improvements, if any, situate, lying, and being in the County of Pitkin,
and State of Colorado, described as follows:
See Exhibit A (Soldner to City of Aspen) attached hereto and by this reference
incorporated herein
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever, of the Grantor either in law or equity, to the only proper use,
benefit and behoove of the Grantee, its successors and assigns foreverl The singular number
shall include the plural, the plural the singular, and the use of any gender shall be applicable to all
genders.
IN WITNESS WHEREOF, The Grantor has executed this deed on the date set forth
above.
PAUL E. AND VIRGINIA I. SOLDNER FAMILY LIMITED
PARTNERSHIP, LLLP, a Colorado limited liability
limited p,artne~ship
eP~an!~,cSoldner Sulliv, Efi
Page: 1 of 2
COUNTY OF c~/YYOrlq/ur- ) 05/14/2004 02:411
SIL. VI~I DnVI$ PITKZN GOUNTY GO n 11.00 o 0.00
The foregoing Quit Claim Deed was acknowledged before me this 10 day of May 2004, by
Stephanie Soldner Sullivan, as General Partner of PAUL E. AND VIRGINIA I. SOLDNER FAMILY
LIMITED P^RTNER SHIP, LLLP, a Colorado limited liability limited partnership
WITNESS mv hand and official seal.
MI Commis;io~ hpires 10/23/2006
My commission expires: 160 U.S. Hwy. 6
~;Iw~'thnrfte. CO 80498
Notary Pu~[c ~
1F:~FILES M-Z\SOLDNER~BOUNDARY DISPUTE\QUIT CLAIM DEED - NORTHERN SLIVER,DOC
..... ~ ..... ~.--- Exhibit A
16 April2004
2003-126.001
SOLDNER TO CITY OF ASPEN
A strip of land situated within and along the northerly limits a parcel of land
described at Book 181 Page 320 and being contiguous to the Burlingame Ranch
............................ SU'bclivision recorded at P/at Book 50 Page 88, also being in Section 2, Township
10 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado
being more particularly described as follows:
Beginning at a point on the northerly line of said parcel of land also being an
angle point along the eastern boundary of Burlingame Ranch Subdivision
recorded at Plat Book 50 Page 88 from whence the West ¼ Corner of Section 2
bears N70°08'54"W a distance of 1182.12 feet with all bearings being relative to
N04°41'19"E between the West 1/, Corner and the Northwest Corner of said
Section 2; thence N86°29'39"W a distance of 287.21 feet along the northerly line
of said parcel described at Book 181 Page 320 and being common to said
Burlingame Ranch Subdivision boundary from which the northwest corner of said
parcel of land being common fo said Burlingame RanCh Subdivision bears
N89°29'39"W a distance of 34.12 feet; thence S84°03'00"E a distance of 287.60
feet; thence N02°52'40"E a distance of 12.27 feet to the Point of Beginning, said
parcel contains 0.0404 acres more or less.
05/14/2004 02:411
SILVIA DAVIS PITKIN COUNTY CO R ll ,00 O 0.00
0:\2003\126. O0 llquit claim soldner to city. doc
Reception No.
SILVIA DAVIS PITKIN COUNTY CO R 11.00 O 0.00
QUIT CLAIM DEED
THIS DEED, made this t/~9 ~ day of /f~//~/ ,2004 between
The City of Aspen, Colorado, a Home Rule Colorado muhicipality, grantor; and Paul E. and
Virginia I. Soldner Family Limited Partnership, LLLP, grantee,
co
WlTNESSETH that the grantor, for and in consideration of the sum ofTEN DOLL_ARS ($10.00)
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 assign, 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 Appended hereto
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, its heirs and assigns forever.
WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
Helen Kalin ·
STATE OF COLORADO )
)ss
COUNTY OF PITKIN )
The for~l~tlaggtment was acknowledged b.efore me this
Witness ~~~i ,~ [:
~v c~v~~t. ~. ~0o, ~ota~ Public
day of
JPW- saved: 4/23/2004-251-G:\john\wordkagrksoldner-quit-claim-ParcelA.doc
Exhibit A
15 April 2004
2003-126.001
CITYOFASPEN TO SOLDNER
Page: 2 of
05/14/2004 02:411
11.00 D 0.00
A strip of land situated within the Burlingame Ranch Subdivision recorded at Plat
Book 50 Page 88 dated 16 July 1999, and being contiguous to the westerly and
northerly boundary's of a parcel of land described at Book 181 Page 320, also
being in Section 2, Township 10 South, Range 85 West of the 6th Principal
Meridian, Pitkin County, Colorado being more particularly described as follows:
Beginning at a point at an angle point on the easterly boundary of said
Burlingame Ranch Subdivision also being the southwest corner of said parcel of
land described at said Book 181 Page 320, from which the West ¼ Corner of
Section 2 bears N38°57'32"W a distance of 1275.82 feet, with all bearings being
relative to 1'404°41'19"E between the West ¼ Corner and the Northwest Corner of
said Section 2; thence N01°02'37"W a distance of 610.40 feet along line common
to said Burlingame Ranch Subdivision and said parcel of land described at Book
181 Page 320 to the northwest corner of said parcel of land also being common
to said Burlingame Ranch Subdivision; thence S86°29'27"E a distance of 34.19
feet along the northerly line of said parcel of land described at Book 181 Page
320 also being common to said Burlingame Ranch Subdivision; thence
N84°03'00"W a distance of 74.74 feet; thence S00°06'52"W a distance of 610.40
feet; thence S81°14'32"E a distance'of 53.21 feet; thence N01°02'37"W a
distance of 2.55 feet to the Point of Beginning, said parcel contains 0.6520 acres
more or less.
Q:\2003\126. 001\quit claim deed city to soIdner, doc
Reception No.
05/14/2004 02: 42t
$ILVIA DAVIS PlTKIN COUNTY CO R 11.00 D 0.00
QUIT CLAIM DEED
TIIIS DEED, made this t/~-/~ day of ~t~?t ,2004 between
The City of Aspen, Colorado, a Home Rule Colorado mufiicipality, grantor; and Paul E. and
Virginia I. Soldner Family Limited Partnership, LLLP, grantee, ~0~3 g~ ~¢
WITNESSETH that the grantor, for and'in' consideration of the sum of TEN DOLLARS ($10.00)
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 assign, 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 Appended hereto
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, its heirs and assigns forever.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
~Helen Kalin
STATE OF COLORADO )
)ss
COUNTY OF PITKIN )
The fo~trument was. acknowledged befqre me. this
~~.?...O..~by /~l°.~'X ~[~i~.ef'l,l_d. .as
My CO~o~N~ot~p~:~ llc~~~
day of
JPW- saved: 4123/2004-251-G:\john\word~agr~soldner-quit-claim-ParcelA.doc
16 April 2004
2003-126.001
05/14/2004 02:421
SILVtA DAVIS PITKIN COUNTY CO R 11 00 D 0.00
PARCEL D - CITY OF ASPEN TO SOLDNER
A 'strip'0{ land Situat~d Within the Burlingame Ranch Subdivision recorded at Plat
Book 50 Page 88 dated 16 July 1999, also being in Section 2, Township 10
South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado
being more particularly described as follows:
Beginning at an angle point as shown on said Burlingame Ranch Subdivision
also being the southwestern corner of a parcel of land described at Book 181
Page 320 from whence the West ¼ Corner of Section 2 bears N38°57'32"W a
distance of 1275.82 feet with all bearings being relative to N04°41'19"E between
the West ¼ Corner and the Northwest Section Corner of said Section 2; thence
S83°07'37"E a distance of 291.77 feet along the boundary line of said
Burlingame Ranch Subdivision being common to the southerly line of said parcel
of land described at Book 181 Page 320; thence S05°34'14"W a distance of
12.13 feet along an easterly line .of said Burlingame Ranch Subdivision from
which the southeast corner of said Burlingame Ranch Subdivision bears
S05o34'14"W.a distance of 48.76 feet; thence N81°14'33"W a distance of 291.85
feet; thence N01°02'37"W a distance of 2.55 feet to the.Point of Beginning, said
parcel contains 0.0490 acres more or less.
0:\20031126.001 \quit claim deed parcel d. doc
Reception No.
0S/14/2004 02:421
SILVIA DAVIS PITKIN COUNTY CO R 11.00 D 0.00
QUIT CLAIM DEED
THIS DEED, made this ,/~ ~ day of ,~/'~ ,2004 between
The City of Aspen, Colorado, a Home Rule Colorado municipality, grantor; and Paul E. and
Virginia I. Soldner Family Limited Partnership, LLLP, grantee, ~0~_J~ 3~9n r~ ~45
WITNESSETH that the grantor, for and in consideration of the sum of TEN DOLL_ARS ($10.00)
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 assign, forever, all the right, title
interest, claim and demand which the grantor has in and to the real property, together with
~mprovements, if any, situate, lying and being in the County of Pitkin, State of Colorado,
described as fOllows:
See Exhibit A Appended hereto
TO HAVE AND TO HOLD the same, together With all and singular the appurtenances and
pri¥ileges 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, its heirs and assigns forever.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
Helen Kalin~Ky~,~yor
STATE OF COLORADO )
)ss
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
I~[/ ,2004 by ..~_len glander 'as
Wimess my h~d ~d official seal ~ :""" I~ ~.~~ "'~
My co~issionexpires:
Nota~ Public ~ C0mm~ss,on Exp,ms Se~[. 25,
JPW- saved: 4/23/2004-251-G:\john\wordXa~soldner-quit-claim-PareelA.doc
---- Exhibit
i
13 April 2004
2003-126.001
PARCEL A_.CITY OF ASPEN TO SOLDNER
A tract of land situated within a parcel of land described as Burlingame Ranch
..... Subdivision, recorded at Plat Book 50 Page 88 dated 16 July 1999, also being in
Section 2, Township 10 South, Range 85 West of the 6th Principal Meridian,
....................... p.i~kin_County Colorado being more particularly described as follows:
Beginning at an angle point along the eastern boundary of said Burlingame
Ranch Subdivision also being on the northerly line of a parcel of land described
at Book 181 Page 320 from whence the West ¼ Corner of said Section 2 bears
N70°08'54"W a distance of 1182.12 feet with all bearings being relative to
N04°41'19"E between the West ¼ Corner and the Northwest Corner of said
Section 2; thence along the easterly line of said Burlingame Ranch Subdivision
the following two (2) courses, N02°52'40"E a distance of 165.48 feet; thence
N00°30'22"W a distance of 234.64 feet; thence S26°03'50"W a distance of
323.86 feet; thence S34°04'47"W a distance of 120.81 feet; thence S84°03'00"E
a distance of 204.24 feet; thence N02°52'40"E a distance of 12.27 feet the Point
of Beginning, said Parcel contains 0.9283 acres more or less.
Page: 2 of' 2
05/14/2004 02 :.421
R 11 00 D 0.00
SILVIA DAVIS PlTKIN COUNTY CO
Q:\2003~126. OO1 \quit claim deed parcel a.doc
05/14/2004 02:421
SILVIA DAVIS PITKIN COUNTY CO R 11.00 D 0.00
QUIT CLAIM DEED
THIS DEED, made this ] D'/' day. of May 2004, between PAUL E. AND VIRGINIA I.
SOLDNER FAMILY LIMITED PARTNERSHIP, LLLP, a Colorado limited liability limited partnership,
("Grantor") and THE CITY OF ASPEN, a Colorado Home Rule Municipality, whose address is 130
S. Galena Street, Aspen, CO 81611 ("Grantee"):
WlTNESSETH, That the Grantor, for and in consideration of the sum of One and
no/100 Dollars ($1.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these
presents does remise, release, sell and QUIT CLAIM unto the Grantee, its 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,
and State of Colorado, described as follows:
See Exhibit A (Parcel B) attached hereto and by this reference
incorporated herein
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging 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 behoove of the Grantee, its successors and assigns forevei. The singular number
shall include the plural, the plural the singular, and the use of any gender shall be applicable to all
genders.
IN WITNESS WHEREOF, The Grantor has executed this deed on the date set forth
above.
PAUL E. AND VIRGINIA I. SOLDNER FAMILY LIMITED
PARTNERSHIP, LLLP, a Colorado limited liability
limited partnership ~ r~
By: SteP~a~et S~dr~er-Sulliva~n, ~G/~ra! Part e
STATE OF COLORADO )
)
COUNTY OF ~'t/FIq (~/'13C' )
The foregoing Quit Claim Deed was acknowledged before me this [~ day of May 2004, by
Stephanie Soldner Sulliv~, as General P~ner of PAUL E. AND VIRGINIA I. SOLDNER FAMILY
LIMITED PAR~ERSHIP, LLLP, a Colorado limited liability limited p~nership
WITNESS my hand and official seal.
My Commission hpir. 10/23/2006
My commission expires: 16o u,s. u_w>.. ,
l~iluertho~ne. CO 80,1~8
Pt~blic
ZF:\FILES M-Z\SOLDNER\BOLrNDARY DISPUTE\QUIT CLAIM DEED - PARCEL B.DOC
SCHMU'ESER GORDON I' MEYER
F-: N G i N E F'; R S S U R V E Y O R S
.-- Exhibit A
GLENWOOD SPRINGS ASPEN CRESTED BU~FE
' 18 W. 6tH, SUITE 200 P.O, BOX 2 55 P.O. BOX 3086
GLENWOOD SPRINGS, CO 8160I ASPEN. CO 81612 CRESTED BUTTE, CO
970'945- 1004 g7C~925'6727 970-349-5355
FX 970-945-5948 '-X: 970'925-4 57 FX: 970-349-5358
29 April 2004
2003-126.001
Page: 2 of 2
· 0,5/14/2004 02: 421
$IL~IA DAVIS PITKIN COUNTY CO R 11.00 D 0.00
PARCEL B- SOLDNER TO THE CITY OF ASPEN..
A Strip of'"'l§~iJ s tuated'~ithin the Burlingame Ranch Subdivision recorded as Plat
Book 50 Page 88 dated 16 July 1999, and within a parcel Of land described at
Book 181 Page 320, also being in Section 2, Township i 0 South, Range 85 West
of the 6th Principal Meridian, Pitkin County, Colorado being more particularly
described as follows:
Beginning at a point on the northerly line of said parcel of land described at Book
i 81 Page 320 and being common to the boundary of said Burlingame Ranch
Subdivision from which the northwest corner of said parcel of land and being
common to said Burlingame Ranch Subdivision bears N86 29 37 W a distance of
34.12 feet and the West ¼ Corner of Section 2 bears N65 03 05 W a distance of
910.04 feet with all bearing being relative to N04°41 '19"E between the West ¼
Corner and the Northwest Corner of said Section 2; thence S84°03'00"E a
distance of 83.44 feet; thence S13°54'40"W a distance of 403.00 feet; thence
S26°19'05"W a distance of 27.92 feet to a point on the weSterly boundary of said
parcel of land and being common to the boundary of said Burlingame Ranch
Subdivision from which the southwest corner of said parcel of land and common
to said-Burlingame Ranch Subdivision bears S01°02'37"E a distance of 183.38
feet; thence S26°19'05"W a distance of 49.84 feet; thence S40°00'43"W a
distance of 41.85 feet; thence N00°06'52"E a distance of 509.33 feet; thence
S84°03'00"E a distance of 74.67 feet to the Point of Beginning, said parcel
contains 1.0909 acres more or less.
Q:12003\126.001\quit claim deed parcel b. doc
05/14/2004 02:431
$ILVIA DAVIS PITKIN COUNTY CO R 11.00 D 0.00
QUIT CLAIM DEED
~da
THIS DEED, made this l ~) y of May 2004, between PAUL E. AND VIRGINIA I.
SOLDNER FAMILY LIMITED PARTNERSHIP, LLLP, a Colorado limited liability limited partnership,
("Grantor") and BAIUX RANCH LLC, a Colorado limited liability company, whose address is c/o
Herbert S. Klein, 201 N. Mill Street, Suite 203, Aspen, CO 81611 ("Grantee"):
WITNESSETH, That the Grantor, for and in consideration of the sum of One and
no/100 Dollars ($1.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, has remised, released, sold and QuIT CLAIMED, and by these
presents does remise, release, sell and QUIT CLAIM unto the Grantee, its successors and assigns
forever, alt 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,
and State of Colorado, described as follows:
See Exhibit A (Soldner to Zoline) attached hereto and by this reference
incorporated herein
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging 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 behoove of the Grantee, its successors and assigns forever. The singular number
shall include the plural, the plural the singular, and the use of any gender shall be applicable to all
genders.
IN WITNESS WHEREOF, The Grm~tor has executed this deed on the date set forth
above.
PAUL E. AND VIRGINIA I. SOLDNER FAMILY LIMITED
PARTNERSHIP, LLLP, a Colorado limited liability
limit~/P~5,tneThip ,(-7)
hrtner
STATE OF COLORADO
cOUNTY oF
SS.
The foregoing Quit Claim Deed was acknowledged before me this/D__ day of May 2004, by
Stephanie Soldner Sullivan, as General Partner of PAUL E. AND VIRGINIA I. SOLDNER FAMILY
LIMITED PARTNERSHIP, LLLP, a Colorado limited liability limited partnership
WITNESS my hand and official seal.
160 U.S, Hwy. 6
My commission expires:
lic -
1FAFILES M-Z\SOLDNER~BOUNDARY DISPUTE\QUIT CLAIM DEED - ZOLINE.DOC
' ~' SOI"DNER TO ZOLINE
EXHIBIT A
1.6 April 2004
'2003-126.001
page; '7. o{ ?-
0-5/14/'Z004 OZ; 431
~,[LVIA DAviS pITKIN COUNTY CO R ~.1 .00 D ~,.00
A st'rip Of land situated within and along the easterly limits of a parcel of land
'~fe%Ei'iS~;8' Bb°k-'181 Page 320, also being in Section 2, Township 10 South,
Range .".85 West Of the 6th Principal Meridian, Pitkin Coun;[y, Colorado being more
particurarly described as follows:
Beginning at a point on the northerly line of said Book 181 Page 320 also being
an' angle point along the eastern boundary of Burlingame Ranch Subdivision
recorded at Plat Book 50 Page 88 from whence the West ¼ Corner. of Section 2
be.arS N70°08',54"W a distance of 1 !82.12 feet with all bearings being relative to
N04°41'19"E between the West ¼ Corner and the Northwest.Corner of said
-SeCtiori 2; thence S86°29'23"E a distance of 33.63 feet along the northerly line'of
said parcel of land; thence S01°02'31"E a distance of~631.45 feet along the
easterly boundary of Said parcel of land;'thence N83°07'27"W a distance of 4'~.33
feet along the southerly line of said parcel to a point on a north-south fence line
also being the,westerly line of a parcel of land described at Book 351 Page 144
from which the southwest corner of said parcel of land bears'S01°01'58"W a
distance of 59.74 feet; thence along said fence line also being the westerly line of
said parcel of land the following five (5)'courses N01'°01'58"E a distance of
143.8.5 feet; thence N02°02'27"E a distance of 109.93 feet; thence,N00°19'27"E
a distance of 298.14 feet; thence N00°41'53"W a distance of 62.14 feet; thence
N.2°29'43"E a distance.of 0.91 feet; thence N84°03'O0"W a distance of 6,15 feet;
thence N02°52'40"E a distance of 12.27 feet to the Point of Beginning, 'said
parcel contains 0.5178 acres more or tess.
Q:~2003\ ~ 26.001\quit claim soldner to Zoline. doc
05/14/2004 02:43l
SILVIA DAVIS PITKIN COUNTY CO R 31.00 D 0.00
UTILITY EASEMENT
(City as Grantee)
THIS GRANT OF A UTILITY EASEMENT is made and entered into this ~
day of fi,/~ ~ , 2004, by and between Bar/X Ranch LLc, (he'~dinafter
referred to as "13rantor"), and the City of Aspen, Colorado, a municipal corporation
(hereinafter referred to as "Grantee").
WITN E S S E T H:
WHEREAS, Grantor is the owner of certain real property (the "Property") situated in
the City of Aspen, Pitkin County, Colorado, as more fully described in Exhibit "A" appended
hereto and by this reference incorporated herein.
And,
WHEREAS, Grantee desires to obtain an easement under a portion of the Property for
the purpose of installing and maintaining water, gas, and telephone lines together with the
right of access to the same.
NOW, THEREFORE, for and in consideration of the payment of the sum of Ten
Dollars ($10.00), the receipt and adequacy of which is hereby acknowledged by Grantor,
Grantor does hereby grant and convey to Grantee without covenants or warranties of any kind,
and subject to the terms and conditions hereinafter set forth and the rights herein specifically
retained and reserved by Grantor, the right, privilege and easement to construct, install,
maintain, operate, repair, remove and replace underground utility lines, pipes and similar
accessories (collectively the "Utilities") beneath the surface of the Easement Premises situated
on the Property as described and depicted as Parcel F on Exhibit "A" attached hereto and
incorporated herein by reference. Said Easement Premises shall consist of a thirty seven (37)
foot wide area to the east of and adjacent to the Soldner property,. Further, Grantor does grant
to Grantee the right to access said Property over, under, across and along the Easement
Premises as may reasonably be required for the purpose of exercising the rights, privileges and
easement herein granted.
The foregoing grant of easement and access shall be subject to the following terms, and
conditions:
1. The Easement Premises shall not exceed the area described in Exhibit "A".
Grantee's utilities and all associated facilities shall be constructed, installed,
maintained and operated in a safe and workmanlike manner and in such a
manner as to avoid damage to or destruction of the Property, irrigation
structures, including ditches, lines, etc., fences, trees, shrubs and other
vegetation on the Property. Any damage to the Property or to the surface, the
SILVIA DAVIS PITKI~ COUNTY CO R 31,00 D 0.00
irrigation structures, fences, trees, shrubs or other vegetation caused by
Grantee's installation, maintenance, repair or removal the pipeline or attendant
facilities, shall be repaired or replaced by Grantee to the satisfaction of Grantor.
Grantee further agrees to restore at its sole cost the former condition of
usefulness and appearance of the Easement Premises which may be disturbed or
interfered with by the construction, maintenance, operation or repmr of the
Utilities installed or maintained therein by Grantee and their attendant facilities.
2.1 In constructing or repairing the utilities, (1) the first 12 inches of topsoil and
ground cover shall be removed and stockpiledseparately, (2) the balance of depth of topsoil shall
likewise be removed and stockpiled separately, and (3) subsoil shall also be removed and
stockpiled separately. FOllowing completion of the installation or repairs, the stockpiled
materials shall be restored in their original sequence and compacted in lifts ofn°t more than 12"
to the equivalent compaction as the adjoining undisturbed soil. All of this shall be done under the
supervision of a licensed engineer and the contractor will be liable to repair any resulting
subsidence for a period of 2 years.
2.2 Grantor's Property is an active agricultural enterprise. Grantor will make
reasonable efforts to move livestOck from the meadow in which easement area is located during
the period of repair work, but if not possible, Grantee must provide temporary fencing to prevent
injury of livestock.
Grantee shall not place, keep, store or otherwise permit any equipment or
materials on the Easement Premises except during such times as Grantee's
employees or agents are physically present and conducting activities permitted
under this Easement.
It is expressly understood and agreed that the grant of easement as herein
provided and Grantee's use of the Easement Premises shall at all times be
subordinate to the Grantor's use of the Property and should any relocation or
removal of the Utilities or their attendant facilities be necessitated in Grantor's
discretion at any time in the future as a result' of Grantor's use of the Property,
then such removal or a'elocation shall be solely at Grantee's expense and shall be
done as nearly as practicable in accordance with Grantor's request. In such
event, Grantor will provide additional easements over and/or under the Property
to Grantee where practicable.
This Easement is not intended and shall not be construed to grant an easement
or access across, over or under any property or premises other than the
Easement Premises as described and depicted herein.
o
This Easement shall continue only so long as Grantee shall use the Easement
Premises for the purposes described and it shall immediately lapse and terminate
upon cessation for a period of ninety (90) days or alteration of such use.
Additionally, the rights granted hereunder to Grantee shall lapse should the
Utilities not be constructed and installed within 36 months from the date of this
agreement.
SILVI~ DAVIS PITKIN COUNTY CO
Page: 3 of' 6
05/14/2004 02:43[
R 31.00 D 0,00
The Easement granted hereunder shall be perpetual except that it shall
automatically terminate should Grantee or any of its successors or assigns
violate the terms and conditions contained herein.
o
All rights, benefits and privileges granted, created or reserved herein, and all
impositions and obligations imposed hereunder, shall inure to the benefit of and
be binding upon the parties, their successors and assign.
Any right to the Property or Easement Premises not specifically granted to
Grantee herein are reserved to the Grantor, its successors or assigns.
10. Grantee agrees to add Grantor, its successors and assigns in ownership of the
Property, as additional named insureds on: (a) its comprehensive general liability insurance
policy; and (b) the comprehensive general liability insurance policy of all contractor(s) doing
work within the Easement Premises under the rights granted by this Easement, which
insurance shall be maintained by Grantee and said contractors to protect against liability from
claims arising out of the use of this Easement. Such insurance shall be carried in amounts of
not less than One- million dollars ($1,000,000.00) and shall not be subject to cancellation
without at least thirty days prior written notice to Grantor. Grantee shall, upon request by
Grantor, provide a Certificate of Insurance as verification of compliance with these
requirements.
IN WITNESS WHEREOF, the Grantor has affixed its duly authorized signature this
day of ~ ct)t ., 2004.
GRANTOR:
Bar/X Ranch LLC, a Colorafia4~ited liability company
· Gary'Finke~l, Trustee of the Survivors Trust under the Zoline Family 1982 Trust
its Managing Member
State of ~n~k~_
SS.
County of-l~k~j )
The foregoing instrument was ac~owledged before me ~is
~ q~ .., 2004, by ~ n ~
/2. day of
L-
GRANTEE:
0.5/14/2004 02:431
$ILVIA DAVIS PITKIN COUNTY CO R 31.00 O 0.00
WITNESS MY HAND AND OFFICIAL SEAL. ..,,-"
My commission expires: ,.)u[~ t "/ Z, o e~ ¢ ~:3};i:.~ .'~ -.
Notary Public
Address
Cid of Aspen:
By:
City Manager
Date
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05/14/2004 02:43!
SILVIA DAVIS PITKI~I'COUNTY CO R 31,00 D 0.00
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
Address
GRANTEE:
Ci~ of Aspen:
By:
City4&nager Date
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SILVIA DAVIS PITKIN COUNTY CO R 31.00 D 0.00
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05/14/2004 02:431
SILVIA DAVIS PITKIN COUNTY CO R 31.00 D 0.00
Construction License Agreement,
(City as Grantee) '
THIS CONSTRUCTION
i fr~ day of ]VI'~
("Grantor") and the City of)tspen,
LICENSE AGREEMENT is made and entered into this
, 2004, by and between Bar/X Ranch LLC
a Home Rule Municipality (hereinafter referred to as "City").
WIITN E S SETH:
WHEREAS, Grantor is the owner of certain real property located in the City of Aspen,
Pitkin County, Colorado, as more fully depicted on Exhibits A and B and appended hereto (the
"License Area"); and
WHEREAS, Grantor is willing to grant to City a license for the purposes set forth herein
under certain terms and conditions of certain portions of Grantor's property ("License Areas")
shown as Parcel G on Exhibit A and the area depicted on Exhibit B; and
WHEREAS, City is desirous of accepting said license under the terms and conditions set
forth herein.
NOW, THEKEFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Grantor'and City covenant and agree as follows:
NOW, THEREFORE, the parties hereto agree to the following terms and conditions of
this construction licens~ agreement.
1. Grant of License. Grantor subject to the terms and conditions hereinafter set
forth, does hereby authorize the City, its successors and assigns, to utilize the License Areas for
the uses as permitted herein.
2. Use. City may use the License Area for activities related to the construction of utilities
under and across Parcel G on Exhibit A, including the storage of equipment, and the area
depicted as the License Area on Exhibit B for the storage of equipment and mobilization
activities related to the undergrounding of utilities in the License Area. Construction as and
wherever said term is employed herein, shall mean the undergrotmding of utilities, and
construction equipment, together with a right to construct the improvements hereinafter
described. It is expressly stipulated that the construction license is to be a strictly private one
and is not intended for' public use. The foregoing license is subject to all outstanding superior
rights and the right of the City to renew and extend the same. This license shall include such
grading, approaches, excavation, digging, and the right to plant, reseed, re-grade, and all other
reasonable activity necessary to complete the improvements contemplated herein.
3. Term. The term of this License shall begin on the date a contractor begins work
in the License Area, and shall be terminated upon completion of the construction actiwty
05/14/2004 02:431
$ILVIA DAVIS PITKIN COUNTY CO R 31~00 D 0.00
contemplated herein and upon acceptance by Grantee of the remediation and mitigation activities
required by this Agreement, or twenty four months from the date construction in the License
Area begins, whichever is a shorter period of time.
4. Conditions. This License Agreement is specifically conditioned upon the
following:
a. City shall be responsible for all costs associated with said improvements
along with contracting for said work and managing all contracts' and work
associated with said improvements.
b. Prior to the start of any work associated with said construction, City shall
meet with representatives of the Grantor to coordinate work, and obtain final
approval of the actual work to be done and the scheduling of the work.
c. At the conclusion of all work, City shall notify Grantor and Grantor
shall have the right to inspect all work performed and to accept the
improvements in conformity with normal, standard and reasonable standards in
the industry. City hereby agrees to perform any additional work that is
reasonably required by the Grantor to ensure that the contemplated
improvements conform with normal, standard and reasonable standards in the
industry.
d. TO the extent permitted by law, the City shall at all times protect,
indemnify, and save harmless Grantor from any and all claims, demands,
judgments, costs, expenses, and all damages of every kind and nature made,
rendered or incurred by or in behalf of any person or corporation whatsoever,
in any manner due to or arising out of any injury to or death of any person, or
damage to property of any person or persons whomever, including the parties
hereto and their officers, families, servants, agents, and employees, in any
manner arising from or growing out of the construction of the contemplated
improvements, or the failure to properly construct said improvements, and from
all costs and expenses, inclUding attorneys fees connected in anywise with the
matters and things contained in this agreement.
e. If the City shall fail to locate or construct, said improvements in
accordance with the terms and conditions of this agreement and to the entire
satisfaction' of Grantor, or shall fail to adjust the improvements to any changes
required by Grantor, or shall in any respect fail to keep and perform any of the
conditions, stipulations, covenants or provisions of this agreement to be kept or
performed by the City, this agreement shall at the option of Grantor be void and
of no effect; and this license shall cease and Grantor shall have the right to
remove any improvements and restore the Licensed Area at any time thereafter
at the sole cost and expense of the City.
5. Notice. Notices and other communications that may be given, or are required to be
given hereunder, shall be in writing and shall be deemed given by the party when delivered
personally or when deposited in the United States mail with sufficient postage affixed and
addressed to such party at the respective address shown below:
CITY OF ASPEN:
City Manager
City of Aspen
130 S. Galena St.
Aspen, CO 81611
GRANTOR:
Bar/X Ranch LLC
c/o Herb Klein
201 North Mill Street
Aspen, CO 81611
$ILVIA DAVIS PITKIN cOUNTY CO R 31.00
497600
Page: 3 o¢ 6
05/14/2004 02:431
o e.ee
6. General Provisions.
a. Controlling Law. The interpretation and performance of this Agreement shall be
governed by the laws of the State of Colorado.
b. Liberal Construction; Any general rule of construction to the contrary
notwithstanding, this Agreement shall be liberally construed in favor of the grant to effect the
purpose of this Agreement and the policy and purpose of C.R.S. 38~30.5-101 et seq. If any
provision in this instrument is found to be ambiguous, an interpretation consistent with the
purpose of this Agreement that would render the provision valid shall be favored over any
interpretation that would render it invalid.
c Severability. If any provision of this Agreement, or the application thereof to any
person or circumstance, is found to be invalid, the remainder of the provisions of this
Agreement, or the application of- Such provision to persbns or circumstances, other than those as
to which it is found to be invalid, as the case may be, shall not be affected thereby.
d. Entire Agreement. T. his instrument sets forth the entire agreement of the parties
with respect to this Agreement and suPersedes all prior discussions, negotiations,
understandings, or agreements relating to this Agreement, all of which are merged herein.
e. No Forfeiture. Nothing contained here~n will result in a forfeiture or reversion of
Grantor's title in any respect.
f. Successors. The covenants, terms, conditions, and restrictions of this Agreement
shall be binding upon, and inure to the benefit of, the parties hereto and their respective'personal
representatives, heirs, successors, and assigns and shall continue as a servitude running in
perpetuity with the Property.
05/14/2004 02:43t
SIL.VI~ DRVIS PITKIN COUNTY CO R 3~L.ee O e.ee
IN WITNESS WHEREOF, the parties hereto have executed the foregoing on the day and
year above first given.
Grantor:
By:
Title:
State of Colorado )
)
.County of Pitkin )
$8.
The foregoing instrument
was acknowledged before me this day
, , by the above named Grantor(s).
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
of
Notary Public
State of Colorado )
)
County of Pitkin )
The
SS.
City
By:
Title:
day of
WITNESS MY HAND AND' OFFICIAL SEAL.
My commission expires: 6~/Z'~/2~)d~-
Notary Public
~,O~-~$mn E~p~res Sept 25 2005
JPW- saved: 4/23/2004-1291-G:\john\wordkagrksoldner-construction-ticense.d°c
foregoing instrument was acknowledged before me this
,5~0'4'_., by the above named.
05/14/2004 02:431
SILVIA DAVIS PITKIN COUNTY CO R 31.00 D 0.00
g. Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon
construction or interpretation.
IN WITNESS WHEREOF, the parties hereto have executed the .foregoing on the day and
year above first given.
Grantor: 1~ct r/y,, ·
By:
SS.
instrument
State of~ )
)
County of ~jel. tr)
The foregoing
was acknowledged before me thts
~.oor4 , by the above named Grantor(s).
WITNESS MY HAND ~D OFFIC~L
My co
City of Aspen
By:
State of Colorado )
County of Pitkin )
The foregoing instrument
Tide:
was acknowledged before me this day of
,, by the above named.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
/
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fi
SILVIA DAVIS PITKIN COUNTY CO
497699
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05/~L4/2004 02:431
R 31:00 D e.ee