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Home My WebLink Aboutresolution.council.038-07 RESOLUTION NO. ~ Series of 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE PURCHASE OF LOTS I & 2, 488 CASTLE CREEK ROAD PUD, WHEREAS, there has been submitted to the City Council a Contract to Buy and Sell Real Estate for between the City of Aspen and WF Castle Creek LLC for the sale of property with a legal description of Lots I & 2, 488 Castle Creek Road Final PUD and Lot Split Subdivision Exemption; 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 Contract. 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 proposed Contract to Buy and Sell Real Estate for between the City of Aspen and WF Castle Creek LLC for the sale of property with a legal description of Lots I & 2, 488 Castle Creek Road Final PUD and Lot Split Subdivision Exemption, and all other documents required to consummate the proposed transaction. Dated: ~ ~ '2~ A ~-<: Helen Kali I derud, 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 ~~ / j? ,2007, ArclMS Viewer Page 1 of 1 c;."bon<la"'--._ .....f/~,52? Town of Snowm<lss Villag9 -).:''''\'''"-' r' ".""_' JIJ-""" . http://205.170,51,230/website/parcels/MapFrame.htm 3/26/2007 _. y ,. l i ~ ~I~ 5 > . . . ~~~~ ~ ~cnt1l : ~~ ~ 'in ~ o .. m .. , ~ " . f .. . . . .. ;- . . . . .. .. E i:1i , ~ i .. i i . . . 0 . .. p. ;: .. ~ . . , = ~ , , . ~ a' , .. ., ~ ~ I ~ . . i i I . ~ ~ . . I a = ~ ;i . ~ ~ . [ :; ~ i . m ~ 'i ~ . . ~ E- a . ~ ~ ~ i: ~ a . 1- f . ~ ~ a q" t . a ~ i :i , g ~ . i' . . . a . i ~ c n ~ " " o o ) ,. I) -I n ) o n n " o ) ,. J ~s an 11- ..~ ?::< m nl: il:~ m " ~ ~ ; ~ ~IS ~ )> N 1= f?iil2:2: 0 ~I ~t~~ f E 2. ~ i .g:.w ~l ~~;;l: ~ hZ'Z' a ~i~;!! ~ . ~ i -05 It a g 6" i ! . . ~ i!;i ~ ;:~. ~.'~ Zii! " . ~ !~ Ql 9. S B 22 ,..r- I :;:: ~~~ !~~ q q ~ lJJOJ It~:';' fWIll ~Il>. a.ClJ:Q :U ~U f;;~ %u ... IU !!j1O" 11I::1::1 "",<0 I ~__ ~~ ~E ~p H ~~ ~~! ~. .1i H f'; ~~ [ ~i if ~~ i ": i [ i ~~ ~ ~ ~:: i ~ ~~ - ~ i' W~ CI i H It (;' 0: . ~ ~ I " - Z~ )>ex> rex> :-00 C)> . cn ~-I Qo~ '0 0;0 -1m cnm "'0 A C;o -10 "'0)> ro )> Z .ml, ~I" ::~~ ~ ~ ~!t~~~'~ ~ "T1.,,~at~~~ ~ "> fi.i _ "T1 g 5 ~ m .. 0 en m ril .. .. .. m ~ . &i G, ~ ~ ~ t; m - .3 ,f ,p{i . . . " .. Iii l:: S2~)>. si\!g ~::t'" o ... " ~ .. "' n' .. <:: !!:~t - " ~~-~ . /L'(l~pY' Documentaryt;;;e $ 540.00 WARRANTY DEED THIS DEED, made June 29, 2007, Between WF CASTLE CREEK LLC A COLORADO LIMITED LIABILITY COMPANY of the County of GARFIELD, State of CO, GRANTOR, AND CITY OF ASPEN, GRANTEE whose legal address is: 130 S. GALENA, ASPEN, CO, 81611 of the County of PITKIN, State of CO WITNESSETH, That for and in consideration of the sum of FIVE MILLION FOUR HUNDRED THOUSAND dollars, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, its heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: LOTS 1 AND 2,488 CASTLE CREEK ROAD FINAL P,U.D. AND LOT SPLIT SUBDIVISION EXEMPTION, according to the Plat thereof recorded September 27, 2006 in Plat Book 81 at Page 48. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its heirs and assigns forever. And the Grantor, for itsself, its heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, its heirs and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed. SIGNATURES ON PAGE 2 Return to: CITY OF ASPEN 130 S. GALENA ASPEN, CO 81611 STEPHEN BARWICK 1 RECEPTION#: 539478, 06/29/2007 at 01:23:35 PM, 1 OF 3, R $16.00 OF $0.00 Doc Code WD Janice K. Vos Caudill, Pitkin County, CO SIGNATURE PAGE TO WARRANTY DEED PAGE 2 WF CASTLE CX LLC A COLORADO LIMITED LIABILITY COMPANY By:---1JAJA M.-- TITLE: STATE OF COLORADO ) ss COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this cA.G\ day of JUNE, 2007, by MICHAEL DAVID SHOOK AS i'V\.e.""'~..t J ~2F WF CASTLE CREEK LLC A COLORADO LIMITED LIABILITY COMPANY. I" JOY S. HtGENS NOTARY PUBLIC STATE OF COLORADO WITNESS my hand and official seal my commission expires: PCT21390L My (',<1T"'~;<<~itv'l EYr.;~ 01;,102/2010 EXHIBIT "A" 1. Taxes for the year 2007 not yet due or payable. 2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded December 3, 1892 in Book 55 at Page 35. 3. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded November 5, 1 927 in Book 55 at Page 293. 4. Right of way through and across subject property for existing ditches and laterals and for one additional ditch along a line to be agreed upon as reserved in Deed recorded June 7,1940 in Book 166 at Page 148. 5. The subject property was annexed to the City of Aspen by Ordinance No. 11, Series of 80 by Aspen City Council' recorded May 23, 1 980 in Book 389 at Page 301 and as shown on Plat recorded in Plat Book 9 at Page 70. 6. Terms, conditions, provisions, obligations and easements as set forth in Easement Agreement recorded September 11, 2006 as Reception No. 528446, 7. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No.5, Series of 2006 by the Aspen City Council recorded September 21,2006 as Reception No, 528820. 8. Terms, conditions, provisions and obligations as set forth in Subdivision Exemption and Planned Unit Development (PUD) Agreement recorded September 27,2006 as Reception No. 529045. g. Easements, rights of way and all matters as disclosed on Plat of subject property recorded September 27, 2006 in Plat Book 81 at Page 48. 10, Right of way for Castle Creek Road.