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Home My WebLink Aboutcoa.lu.an.Berger.1993AN - Berger annexation :5Kt,,d y/y Ir #359998 c_�Q/ 13/93 15: 1 r Fec $1 C, 00 Df::: 721 PG 234 Silvia Davis, Pitkin Cnty Clerk:, Doc GRANT OF FISHERMAN'S EASEMENT T S GRANT OF A FISHERMAN'S EASEMENT is made and entered into thi�Lz�'" day of 19�, by and between B.N. Berger (hereinafter referred jo as "Grantor"), and the City of Aspen, Colorado (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of the following described real property located in Pitkin County, Colorado, to wit: and, a parcel of land in Section 12, Township 10 South, Range 85 West of Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at corner no. 7 of Aspen Townsite, being the same as corner no. 1 of the B. N. Berger Annexation; Thence N07°38'E 24.45 feet to corner no.2; Thence N74°30' W 245.85 feet to corner no.3; Thence S37°50'E 314.72 feet to corner no.4; Thence S83°31'E to corner no.5, the intersection with a line drawn parallel with and distant 15.00 feet north easterly at right angles from a line bearing S74030'E from said corner no. 4; Thence S74030'E to corner no. 6, the intersection with a line bearing N15030'E from a point which is S74°30'E 250.00 feet from said corner no.4; Thence N15030'E to corner no. 7, the intersection with the northerly line of Block 13 of the City of Aspen; Thence westerly along said northerly line to corner no. 8, the intersection with a line bearing S55°16'E from corner no. 7 of Aspen Townsite; Thence N55°16'W to the point of beginning; Excepting therefrom any portion of Block 13 of the City of Aspen. WHEREAS, Grantor is desirous of granting to Grantee a certain perpetual fisherman's easement and right-of-way over and across said real property under the terms and conditions hereinafter specified; and WHEREAS, Grantee is desirous of accepting said trail easement and right-of-way. NOW, THEREFORE, 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 hereby dedicates to the use of the general public, for fishing purposes #359998 08/ 13/93 15: 1 7 Rec $15. 00 B} ,' 721 PG 235 Silvia Davis, Pit[. -:in Cnty Clerk, Doc $.(-)cj only, a perpetual, non-exclusive easement and right-of-way along that portion of the above described property lying between the center line of Castle Creek and a line which is five (5) feet (measured horizontally) above the high water line of Castle Creek. Grantor reserves to himself the right to use and enjoy the easement area for all purposes which do not interfere with the public fishing rights dedicated hereby. Grantor represents that he has no knowledge of any recorded or unrecorded agreements, easements or conveyances with respect to such property which would preclude use of the property for a fisherman's easement as contemplated herein. IN WITNESS WHEREOF, the parties hereto have executed the foregoing on the day and year above first given. State of Colorado ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of--- , 19'�j 3 , by the above named Grantor(s). WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: I 2J I I q Notary Public 2 #359998 08/13/93 15: 1 ( Rec 15. i?ir Bt::: 721 PG 236 Silvia Davis, Pitt -.:in Cnty Clerk, Doc $.0(--) The foregoing Grant of a Fisherman's Easement is hereby accepted and approved, for the benefit of the general public this day of 19--T4. CITY OF ASPEN ATTEST: C State of Colorado ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me thi day of dv a , I9a, by the above named Grantor(s). y % ...... fisfiyieasn 4. C O C p4 a.",X *-14q� /07-1W .i WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: : My Commission expires 9/27/96 L' N ry Public 3 PETITION FOR ANNEXATION COMES NOW LANDOWNER B. N. BERGER this ate, day of October, 1991, and Petitions the City of Aspen, Colorado for an Annexation of that certain parcel of land as more fully described on Exhibit "A" (attached hereto) and on the B.N. Berger Annexation Map, filed herewith, states as follows: 1. It is desirable and necessary that the B. N. Berger parcel be annexed to the City of Aspen. 2. The requirements of Sections 31-12-104 and 31-12-105 Colorado Revised Statutes exist or have been met. 3. The signer of this petition is the landowner of one hundred percent of the territory included in the area proposed to be annexed, exclusive of streets and alleys. 4. Petitioner requests that the City of Aspen approve the proposed annexation by ordinance as permitted by Section 31-12-107 (1)(g) Colorado Revised Statutes when one hundred percent of the owners of the area have petitioned for such annexation. 5. The full legal description of the proposed area of annexation is set forth on Exhibit "A", attached hereto. 6. The mailing address of the owner of the proposed area of annexation is: B.N. Berger P.O. Box 482 Aspen, Colorado 81612 7. Accompanying this petition are four copies of the annexation map containing the following information: a. A written legal description of the boundaries of the proposed area of annexation. b. A map showing the boundary of the proposed area of annexation. c. Within the annexation map, a showing of the location each ownership tract in unplatted land. d. A drawing of the contiguous boundary of the City of Aspen to the proposed area of annexation. Petitioner B. Ber r (Date) / STATE OF COLORADO ) ss. COUNTY OF PITKIN ) Subscribed and sworn to before me this day of October, 1991 by B.N. Berger. WITNESS my hand and official seal. My commission expires: iI 2°+ /-11` Notary Public berger\05 bnberger/002 LEGAL DESCRIPTION A parcel of land in Section 12, Township 10 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at corner no. 7 of Aspen Townsite, being the same as corner no. 1 of the B. N. Berger Annexation; Thence N07°381E 24.45 feet to corner no. 2; Thence N74°30'W 245.85 feet to corner no. 3; Thence S37°50'E 314.72 feet to corner no. 4; Thence S83°31'E to corner no. 5, the intersection with a line drawn parallel with and distant 15.00 feet north easterly at right angles from a line bearing S74°30'E from said corner no. 4; Thence S74°30'E to corner no. 6, the intersection with a line bearing N15°30'E from a point which is S74°30'E 250.00 feet from said corner no. 4; Thence N15°301E to corner no. 7, the intersection with the northerly line of Block 13 of the City of Aspen; Thence westerly along said northerly line to corner no. 8, the intersection with a line bearing S55°161E from corner no. 7 of Aspen Townsite; Thence N55°161W to the point of beginning; Excepting therefrom any portion of Block 13 of the City of Aspen. bnberger\001 EXHIBIT "A" January 23, 1992 Gentlemen The City of Aspen Council has scheduled a public hearing Monday, February 24, 1992, at 5:00 p.m. in the City Council Chambers, on the Berger annexation. This property is located at the west terminus of Main street, abutting Castle Creek. The purpose of the hearing is to determine and make a finding whether the area proposed for annexation is eligible for annexation. Please call the City Clerk's office at 920-5060 if you have any questions. Sincerely Kathryn S. Koch City Clerk Enclosure SENDER: . • Complete items 1 and/or 2 for additional services. I also Wish t0 receive the • Complete items 3, and 4a & b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee): return this card to you. • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address does not permit. • Write "Return Receipt Requested" on the mailpiece below the article number. 2 ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivery to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: Aspen Valley Hospital 0200 Castle Creek Road Aspen, Co 81611 5. Signature (Addressee) 6. Signature (Agent) 110 4 rticle Number 4b. Service Type ❑ Registered ❑ Insured Certified ❑ COD ❑ Express Mail X Return Receipt for 8. Addressee's Address (Only if requested and fee is paid) PS Form 381 1 , Novbfnbe'F 1990 tr U.S. GPO: 1991-287-066 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE • Official Business PENALTY FOR PRIVATE USE. $300 Print your name, address and ZIP Code here City Clerk City of Aspen 130 S Galean Aspen, 00 81611 SENDER: . • Complete items 1 and/or 2 for additional services. I aISO WISh t0 receive the • Complete items 3, and 4a & b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee): return this card to you. • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address does not permit. • Write "Return Receipt Requested" on the mailpiece below the article number. 2 ❑Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivery to and the date of delivery. I Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number P1tkin County Attorney 4b. Service Type 506 E. Main Street ❑ Registered ❑ Insured Aspen, Co 81611 Certified ❑ COD ❑ Express Mail IF Return Receipt for Merchandise 7. Date of Delivery 8. Addressee's Address (Only if requested ano fee is paid) LZI C n •.. A PS For 71j6'11, NoImbeV990 *U.S. GOO: 1991-287-ON DOMESTIC RETURN RECEIPT . UNITED STATES POSTAL SERVICE N Official Business (.Vclj( AHI 1 1 ` 1992 y ,p PENALTY FOR PRIVATE USE, $300 Print your name, address and ZIP Code here City Clerk City of Aspen 130 S. Galena Aspen, CO 81611 atfvutn: - • Complete items 1 and/or 2 for additional services. I also Wish t0 receive the • Complete items 3, and 4a & b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee): return this card to you. • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address does not permit. • Write "Return Receipt Requested" on the mailpiece below the article number. 2 ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivere to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: Aspen Con. Sanitation Dist 565 N Hill Street Aspen, CO 81611 5 6. Srgfiature (Agent) 4a Article Number 4b. Service Type ❑ Registered ❑ Insured Certified ❑ COD ❑ Express Mail Return Receipt for Merchand s 7. Date of Delivery) /I 8. Address e's Addre (Only if requested and fee is paid) PS Form 361 1 , November 1990 ,~ U.S. GPO: 1991—za7-066 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE • Official Business PENALTY FOR PRIVATE USE, $300 Print your name, address and ZIP Code here CITY CLERK. CITY OF ASPa1 130 S . GALMA ASPS T, CO 81611 SENDER: I also wish to receive the • Complete items 1 and/or 2 for additional services. • Complete items 3, and 4a & b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee): return this card to you. • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address does not permit. • Write "Return Receipt Requested" on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: Pitkin County 506 L Main Conudssioners Aspen, Co 81611 4a. Article Number 4b. Service Type ❑ Registered ❑ Insured Certified ❑COD ❑ Express Mail eturn Receipt for Merchandise 7. Date of Delivery Addressee's Address (Only if requested and, fee is paid) 3-6 PS 11,qover0ber 1990 tri GIPo:1991-2e7-W6 DOMESTIC RETURN RECEIPT . UNITED STATES POSTAL SERVICE V Official Business iAN'7 1992 t PENALTY FOR PRIVATE USE, $300 Print your name, address and ZIP Code here City Clerk City of Aspen 130 s. Galena Aspen, CO 81611 O M P 996 876 947 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Pitkin Courity Comnissio Street and No. E. Main =506 P O.. State and ZIP Code Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing aQ to whom and Date Delivered Return. Receipt. showing to whom, Date, and Addrgsqf'Delivery TOTAL Postage and Fees 5 Postmark or DatSFJg i j+ }� - 2JLu q - 73Scr - 45 � - ��§ \)LLICC - \/ \ }\CD \� cz E - - -> _§> -®° {B \ /Co §� 2E 4LU ■ a\ RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to �spen Con Sanitation Dist Street and No. 565 N. Mill P.O., State and ZIP Code Postage 5 p Certified Fee / p� Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom. Date, and Address of Delivery TOTAL Postage and Fees �( Postmark or Dale r) ny,, �- �/� 2E� �28 - - ${, Lu 10 - - 7(§ w r2■ j \{I Z' � <r� cojk /} \ \\ 1. �( f)s [f / } )e kd �# f f {cm w ME \ Z - 2 /} {\ t� CD \ _ /\ jx #« / ■ k - 2 § { \ k 6 - _\+ § ja5 \/\ j} j2E �LL,2 a/ 9 P 996 876 948 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Pitkin County Attorney Street and No. S96 Main E. ST P.O., State and ZIP Code Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing / AO to whom and Date Delivered Return Receipt showing to whom, Date, and Address of Delivery TOTAL Postage and Fees S�'9 Postmark Or. Date , } L i — _ �/uj 2%m 7&B 3{cc — FD CL — �CO �E� r2CC kj{cc cm I§LL, — §{ cm \§ {{ E / /Ca Ei\ ®@ k� ca Wx — 2 kj { co 1-1 § ) ■ / _ § \ 2 f k I 0 — _§§ —` {� § k §){ �6 %\�\ ;G $ C.3 _—�%{— \/\ j{ 'i m �■ a/ I C145TLE I LECL C�E�I.�IPTlGN A PAKGEL OF LAND 1N 5ECTION 12, TOWN5111F' 10 SQUTH, "-K&E 65 WEST OF TI--1E 51XTH PRINCIPAL MEKJDIAN PITKIN COUNTY, COLDKAADO, MOKE ' PAKTIOJLAKIY DE5CKIDED A5 fi�?LLOVW5 SINNING AT CORNER NO. OF ASPEN TOWN5ITF_, J�EING THE 5AM� Ata COKNE-K NO. I OF THE B.N. f3EKGEK ANNEXATION THrNCE N07° 8' E 24.45 FEET TO CO N K NO. 2 THENCE N 7301 2L, 5.65 FEET To 4 THENCE 5 3' 37 50 E 314�72 FEET TO CORNER NO. THENCE TO COKNEK N0.5 E IN WITH A LINE f DRAWN PARALLEL WITH AND D15TANT 15,00 FEET NORTH EA-5TEKLY AT RIGHT ANCGLE5 FIzOM A LINE 15EA9I1\6 54 c E FROM ::AID COKNEK NO• Lj TH!-NCF 571°30'F TO CORNED r-10- Ie. THE INTEKnEGnON WITH A LINE GEARING N15°3O'E FROM A POINT- WHICH 15 57'030'E. 2 j0.00 FEET FROM 5Afl) CORNER NO.4; THENCE N15°3o'E To c.oRINEK No.J, THE INTEK5ECTION WITH THE NOKTHEfz,LY LINE OF BLOCK 13 OF THE CITY OF ASPEN THENCE WE�JTEKLYALONG 5AIb NORTHERLY LINE TO CORNER NO. B, THE INTER.5ECT-ION WITH A LINE MAKING 5.5,5°Ilo'E FROM CORNER NO.7 OF A`-flfN TbWK51TE� THEt-CE N55°I(y' W TO THE fOINT OF BE.&INN ING bZtFTIN(v THEREFROM ANY PORTION OF 5LOCK 13 OF THE CITY OFA5f-EN. CITY Of AREN. APPR: THIS D. N. DEKC—tK ^NNFX/f TION WA5 APPROVEP 13Y THE CITY COUNCIL OF THE- CITY- OF ASPEN, rITKIN COUNTj! UJLDKA,X 5-y- ORDINANCE NO. _ OX3_._ -, S1=RIE5 OF !�j PA55ED THff� --Qky --------- ---- MArol� - ATTEST "C <lc �LE r- K4 ACCEPTANCE FOR RECORDING THIS PLAT OF THE f3. N. BERGEZ ANNEXATION WA5 ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK $ RECOKpEK OF PITKIN CO - ,, CoLogApo ON THE ,(_ PAY Off`--- CA ► '_,19931N PLAT K UNDefK CL.EKK AND fZEG',C?RDER Zi VILLA l r L CK ---- Zl. ANNEXATION r -- ---1 -----� 1 , C'4 ° I 13 (N 74030'00 W) 2 ! - A S A STREEI E:l Ll 11 E El 11 I I 1 a 1 1 r Lu 1 I 1 I ' I I I 1 L0-C K--T2 - E 1 1 a 1 1 ; i Lu Lu i 1 1 i I ® I 1 1 N PREPARED 15Y L1gME5 6REASTED Pnv 2357 ASPEN Co oI(o 2 0 0 04 SCALE 1 IN 54 FT - LEGEND & 02TrES f3EAKINJGS ANP/bg 015TANCE5 5HOWN IN PAKENTHE51v5 AKE FROM DEE1)5, QUIET TITLE DECK -LE OK SUfkV1=Y5 OF R5G0K[)� T1-ipSE No 5HOWN IN PARENTHE`�E5 f�EPRESENT CALCULATED VAL`JE5. 2 Al-L PHY5ICAL FC�ATU955 SHOWN HEREON ARE TAKEN FROM CIT(OF ASPEN TOFOGKAf HIC MAP5, MAY NOT C3E OF -TO -DATE ANP AKE SHOWIN FofK ORIENTATION PURPOSES ONLY'. �• �� f'j �.v rre,..t n � � �..ti� (N 74 * 30' W) (N 75°09' i 1"W) 30.Io BMt1wA CK 1 3 ' km SLEEKER STREET fi MAIN STREET N 4g3,000 k r------- I 1 1 1 k N ag7 T5D LJ -, lid o y Ik` M