HomeMy WebLinkAboutcoa.Ajax Park.Warranty deed RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
John Worcester, Esq. 537516
City Attorney 05/09/2007 03:32F
130 S. Galena JANICE K VOS CAUDILL PITKIN COUNTY CO R 21.00 D 0.00
Aspen,Colorado 81611
( rLI S SPECIAL WARRANTY DEED
Ute Mesa, LLC, a Colorado limited liability company ("Grantor")for good and valuable
consideration,the receipt and sufficiency of which are hereby acknowledged,hereby sells and
conveys to The City of Aspen, Colorado, a municipal corporation(`'Grantee'),whose address is
130 S. Galena,Aspen,Colorado 81611,the following real property in the County of Pitkin,State
of Colorado,to wit (the"Property'):
COMMON AREA LOT D,
1001 Ute Avenue Subdivision/PUD,according to the Plat recorded
on #41 2007 in Plat Book 83 at Page q5 as Reception
No. �377513
Reserving unto Grantor,the right to construct, maintain and repair on the
Property berms, walls, fences, to plant trees, maintain vegetative cover and to
install other landscaping features on the Property for the control and mitigation of
avalanches,rockfall and other debris as necessary to protect houses and other
improvements or structures existing or to be constructed in the 1001 Ute Avenue
Subdivision/PUD; provided,however, that Grantor shall first be required to
demonstrate to Grantee's reasonable satisfaction that such mitigation features are,
under the circumstances, appropriate and necessary. After completion of said
mitigation features, Grantee shall require Grantor to restore the Property to the
standards established by Grantee. Grantor shall have the right to assign its
reserved rights to any homeowner's association organized in connection with the
the 1001 Ute Avenue Subdivision/PUD.
with all its appurtenances and warrants title against all persons claiming under Grantor,
SUBJECT TO AND EXCEPTING:
1. Taxes for the year 2007 due and payable in 2008 and all subsequent years not yet
due or payable.
2. Those matters identified on Exhibit"A" attached hereto and made a part hereof.
This deed is delivered by Grantor to fulfill its obligations pursuant to(i) Section 8 of City
of Aspen Ordinance 24,Series of 2006 recorded November 27, 2006 as Reception No. 531499
and(ii)Section 31 of that certain Subdivision/PUD Agreement for 1001 Ute Avenue
Subdivision between Grantor and Grantee.
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 21.00 0 0.00
Signed this 9"'fday of May 2007.
UTE MESA, LLC,
a Colorado limi d liability company
By. .`._.
Leath S. St Manager
STATE OF )
ss.
COUNTY OF
The foregoing Special Warranty Deed was acknowledged before me this day of
May 2007 by Leathern S. Stearn,manager ofUte Mesa, LLC, a Colorado limited liability
company.
Witness my hand and official seal.
My commission expires:
�M
Pabli
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EXHIBIT "A"
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 21.00 D 0.00
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, as reserved in United
States Patents recorded May 1, 1884 in Book 11 at Page 97 as Reception No. 7536.
Terms, conditions, obligations and provisions of Leasehold Agreement between Destination
Resorts-Aspen, Ltd., a California limited partnership and Smuggler-Durant Mining
Company, a New York corporation as set forth in instrument recorded October 30, 1979 in
Book 378 at Page 419 as Reception No. 219I49; and Assignment of Leasehold Interest
recorded June 15, 1983 in Book 447 at Page 88 as Reception No. 250929; and Amendment to
Agreement recorded June 15, 1983 in Book 447 at Page 90 as Reception No. 250930.
Terms, conditions, obligations, provisions and easements of Access Easement Agreement
between Harley Baldwin and The Gant Condominium Association, Inc.,a Colorado nonprofit
corporation as set forth in instrument recorded June 15, 1983 in Book 447 at Page 100 as
Reception No. 250931.
Terms, conditions, obligations, provisions and easements of Grant of Trail Easement by and
between Bayoil (USA), Inc., a Delaware corporation and the City of Aspen, Colorado as set
forth in instrument recorded May 18, 1992 in Book 678 at Page 214 as Reception No.
344893.
Terms, conditions, obligations, provisions and easements of Agreement by and between
Merrill A. Chozen and Jill E. Chozen 198I Trust and Leathern Stearn as set forth in
instrument recorded March 22,2006 as Reception No. 522056.
Terms, conditions, obligations and provisions of Resolution No. 16 (Series of 2006) A
Resolution of the Aspen Planning and Zoning Commission Approving with Conditions an
8040 Greenline Review, A Growth Management Review for the Development of Affordable
Housing, and Recommending that City Council Approve with Conditions, Subdivision
Review, Consolidated Conceptual/Final PUD, and a Growth Management Review for the
Preservation of Significant Open Space Parcels for the 1001 Ute Avenue Subdivision, City
and Townsite of Aspen, Pitkin County, Colorado as set forth in instrument recorded June 7,
2006 as Reception No. 525008.
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 21.00 D 0.00
Terms, conditions, obligations and provisions of Ordinance No. 24 (Series of 2006) An
Ordinance of the Aspen City Council Approving with Conditions, a Subdivision Review,
Consolidated ConceptuaUFinal PUD, and a Growth Management Review for the Preservation
of Significant Open Space Parcels for the 1001 Ute Avenue Subdivision, City and Townsite
of Aspen,Pitkin County, Colorado, as set forth in instrument recorded November 27,2006 as
Reception No. 531499.
Easements, rights of way, restrictions and all matters a shown on the Plat of 1001 Ute
Avenue Subdivision/PUD-recorded AM 9 2D� 47 U. L-W-6- Ada, 537513- - - - - - - - - - - --
Terms, conditions, obligations, and all matters contain d in the Declaration of Protective
Covenants For 1001 Ute Avenue Subdivision recorded 1Vjk4 q 1 Zbn7 tL gkj ►tj�A kllb . 5375 IS,
Terms, conditions, obligations and all matters contained in the Subdivision/PUD Agreement
for 1001 Ute Avenue Subdivision recorded A1QV MI a j Oo. 7 S!Y .
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