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HomeMy WebLinkAboutcoa.Aley Park.Warranty Deed WARRANTY DEED THIS DEED dated March-ss , 1999,between Maureen Mary Kinney and Scott Hicks, . `0002 Williams Way, Aspen, (Pitkin County) Colorado 81611,hereinafter referred to as "Grantor," and the City of Aspen,Colorado, a municipal corporation, whose legal address . is 130 South Galena,Aspen, Colorado,hereinafter referred to as "Grantee." _ WITNESS,that the Grantor for and in consideration of the sum of one hundred seventy- five thousand dollars ($175,000.00), the receipt and sufficiency of which is hereby acknowledged,has granted,bargained, sold and conveyed, and by these presents does hereby grant,bargain,sell,convey and confirm,unto the Grantee,its heirs and assigns forever, all the real property,to with improvements,if any,situate, lying and being in the County of Pitkin, State of Colorado,described as follows: Lot 2 of the Smuggler Hunter Trust Subdivision, Pitkin County, Colorado which consists of 16,559 square feet,plus or minus, TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,the reversion and reversions,remainder and 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 (if any),unto the Grantee,heirs and assigns forever. The Grantor, for herself,heirs, and personal representatives, 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,being 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 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 whatsoever, subject to the following restrictions: RESTRICTIONS: (1) The property is perpetually restricted to use as a neighborhood park. (2) For a period of ten(10)years from the execution of this deed,the park is restricted as a passive park with emphasis on small child and family usage: During said period the park shall be equipped only with picnic tables and playground equipment, without any provision made to create a volleyball, skateboard, or baseball facility. The Grantee shall screen any toilet facility from the view of the Kinney-Hicks residence property on Lot 1 of the Smuggler Hunter Trust Subdivision. (3)No motor vehicle parking shall be provided on,the north side of.the park property(abutting Williams Way), and landscape screening shall be installed and maintained by the Grantee on the north side of the property,but the screening shall not exceed a height of ten(10)feet. t I ��'lll �IIII ��IIII �'III '�IIII II'I '�1"I !�I I��� III I��I a 443188 09/10/2000 12:18P WD DAVIS SILVI 1 of 2 R 0.00 D :0.00 N 0.00 PITKIN COUNTY 00 The Grantor shall and wilt warrant and forever defend the above bargained premises in the quiet and peaceable possession of the Grantee,its heirs sand assigns;against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF,the Grantor has,executed this deed on the date set forth above. Maureen Mary Kinney Scott Andrew'Hicks ' STATE OF COLORADO ) } ss. County of Pitkin ) The foregoing instrument was acknowledged before me this S day of"March, 1999, by Maureen Mary Kinney- Witness my hand and official eal• My commission expires: AILa• °irk i Notary Public, �a Cj z ,,STATE OF COLORADO ) ss. ..`—..g County of Pitkin } 2 as . �mm The foregoing instrument was acknowledged before me this �5 day of March, 1999, ''z by Scott Andrew Hicks. Witness my hand and officials al. J �N° My commission expires: �?5/ �M m Vii'• , -'�'`7s'' - �� � v Not Public � a EASEMENT AGREEMENT AGREEMENT made and entered into this !S day of March, 1999,between the City of Aspen, Colorado, a municipal corporation(hereinafter referred to as "City"), and Maureen Mary Kinney and Scott Andrew Hicks, 0002 Williams Way, Aspen, Colorado 81611 (hereinafter referred to as "Kinney-Hicks"). WHEREAS,Kinney-Hicks are the owners in fee simple title of the'real property described as Lot 1 of the Smuggler Hunter Trust Subdivision,Pitkin County, Colorado, and WHEREAS,the City wishes to acquire an' .easement on Lot 1 of the Smuggler Hunter Trust Subdivision,Pitkin County,Colorado, for the purpose of creating and utilizing the same as part of a neighborhood park in connection with Lot 2 of the Smuggler Hunter Trust Subdivision,Pitkin County,Colorado, which,is being simultaneously conveyed by Kinney to the City., NOW,THEREFORE,for and in consideration of the sum of ten dollars.($10.00)and other good and valuable consideration,receipt of which is hereby acknowledged by Kinney-Hicks, Kinney-Hicks does hereby t grant,bargain, sell, convey, and assign to the City a perpetual and exclusive easement in,to,upon and over Lot 1 of the Smuggler Hunter Trust Subdivision,Pitkin County,Colorado, which is specifically described as follows: A parcel of land situated in the southeast z/of Section 7, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado, tieing the southerl portion of Lot 1, Smuggler Hunter Trust Subdivision as recorded in Plat Book VL at Page. _of the real estate records of Pitkin County, Colorado, described as follows: Beginning at a point whence a 1954 brassycap set for the center 1/corner of said Section 7(now marked "special purpose monument 1978.")bears N00°30'00"E 137.42 feet and N19 016'09"W 250.79 feet; Thence easterly along the southerly right of way of Williams Way as follows: v 48.48 feet along the arc of a curve to the left whose radius is 181.70 feet(chord bears S81°4323"E. 48.34 feet) S89 022'02"E 89.75 feet to the easterly line of Lot I of said Smuggler Hunter Trust Subdivision; Thence S0.1°02'42"W 53.34 feet to the southeast comer of said Lot 1; Thence N88°4835" W 137.14 feet along the southerly line to the southwest comer of 1111111 !1111 !1111111111111111 IN 111111111111111111 IN 443187 05/10/2000 12 19P EASEMENT DAVIS SILVI ll 1 of 4 R 0.801D 0,00 N 0.00 PITKIN COUNTY CC i said Lot 1; Thence 1V00°30'00"E 58.43 feet along the westerly line of said Lot 1 to the point of beginning containing 7,338 square feet more or less. The basis of bearings for the description is as shown on the Smuggler Hunter Trust Subdivision Plat. The easement is subject to that certain Permanent Access and Utility Easement from Pitkin.County to Phkin County recorded February 14, 1993, in Book 669 at Page 420. Tile easement is perpetually restricted to use as a neighborhood park.. For a period of ten(10) years,the park is restricted as a passive park with emphasis on. small child,and family usage. During said period,'the park shall be equipped only with picnic tables and playground equipment, without any provision made to create a volleyball, skateboard, or baseball facility. The City shall screen any toilet facility frorri r the view of the Kinney-dicks residence property on Lot 1. ; No motor,vehicle parking shall be provided on the north side of the park property (abutting Williams Way),and landscape screening shall be installed and maintained by the City on the north side of the property, but the screening shall not exceed a height of ten (10)feet. The City covenants with Kinney-Hicks, theer successors,assigns,and legal representatives,that it shall bear full responsibility for the use and enjoyment of the easement granted herein and shall save-and hold Kinney-Hicks,their successors, assigns, and legal representatives harmless from any claim of damages to person or premises, o resulting from the use occupancy,and possession of the same by the City. �_J o swam All covenants-and conditions of this agreement shall be specifically enforceable, as applicable,by any appropriate legal action,after-thirty(30)days written notice to the � other party."In the event that the parties resort to litigation or alternative z dispute x resolution,the prevailing party shall be entitled to recover damages and costs,including ` H reasonable attorneys'fees. �y a µ U9 a No claim of waiver, consent,or acquiescence with respect to any provision of this � agreement shall be valid against KKinney-Hicks,except on the basis Qf a written z `�;;z instrument, executed and accepted by Kinney-Hicks. - TO HAVE AND TO HOLD the said easement unto City,its successors and assigns forever. The provisions and covenants hereof shall inure to and be binding upon the parties,their ~�a successors, assigns,heirs,and legal representatives. ��o 'V N ; 2 i F tjr IN WITNESS WHEREOF,the parties have year first above written. ezecufed this instrument the day and the MAUREEN MARY KIIVNEY CITY OF ASPEN, COLORADO 0002 Williams Way J n Bennett,Mayor Aspen,-CO 81611 SCOTT ANDREW HICKS ATTEST: 0002 Williams Way Kathryn Koc ,.;' r• Aspen, CO 81611 Aspen City lei' =.mot. (SEAL) AA#YYi , ft APPROVED AS TO F0,RM: 4'--i pen City Attorney STATE OF COLORADO ) J$ SS: _ w �a County of Pitkin • lam'a 8 0 z The foregoing instrument is hereby acknowledged before me this day of March, 1999, by Maureen Mary.Kinney,0002 Williams Way,Aspen,CO 81611. Witness m y hand and seal. _r,z ' My commission expires: -N Notary Public m - t STATE.OF COLORADO ) ss. Pitkin County ) The foregoing instrument is hereby acknowledged before me this IFay of March, 1999,by John Bennett,as Mayor, and Kathryn S: Koch, as City Clerk of the City of Aspen. Witness my�hand and seal. ;X IiAy Commws w expires >commission expires: 000 ' c Notary Public F STATE OF COLORADO -ss. County of Pitkin } The foregoing instrument is hereby acknowledged-before me this day of March, 1999,by Scott Andrew Hicks,0002 Williams Way,Aspen, CO 81611: Witness my hand and seal. My commission expires: b5 (} (SEALS �. . Notary Public VN �e�67S.bIJ � to . i iil Illi illiil I!I iilll ilil llil J 443187 03/10/2000 12:18P EASEMENT DAVIS SILVI i 4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY Co ! k