HomeMy WebLinkAboutresolution.council.059-13 RECEPTION#: 600197, 06/07/2013 at
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1 OF 4, R $26.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION NO.
Series of 2013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AND ACCEPTING THE ASSIGNMENT OF REAL PROPERTY FOR
RED MOUNTAIN RANCH TRAIL EASEMENT ASSIGNMENT, AND
AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID PLAN
ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an assignment of real
property for a trail easement held by Aspen Valley Land Trust on Red Mountain Ranch
Ditch, located within the Red Mountain Ranch Development, of which Aspen Valley
Land Trust is assigning said easement to the City of Aspen, a true and accurate copy of
which is attached hereto as Exhibit"D';
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby adopts and approves that
assignment of real property of the Red Mountain Ranch Trail Easement, a copy of which
is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City
Manager to execute said plan on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the day of 2013.
Michael C. reland,!Mayo
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 on the day inabove stated.
Kathryn S. I o , Ci erk
CAProgram Files(x86)\Neevia.Com\Document Converter\temp\2247.docxx
ASSIGNMENT OF REAL PROPERTY
THIS ASSIGNMENT OF REAL PROPERTY the "
c K day of } 2013, b ( Assignment ) is given this
y Aspen Valley Land Trust with offices at 320 Main St.
Suite 204, Carbon le, Colorado 81623
("Assignor") of th interest in real property described herein as t
as original Grantee and Assignor
(the "Trail Easement"), to the City
South Galena Street, Aspen, Colorado 81611,a he Colorado�bod he trail or trail easement
ypolitic, with address at 130
( itY ) as Assignee ("Assignee").
RECITALS
WHEREAS, the perpetual, non-exclusive easement and right-of-
numbered paragraph 2 of the Deed of Easements recorded on Se
Book 266 at Page 898 of the Pitkin County real property records ay described in
September 29, 1972 in Book 267 at Page 365 of said records was was rds and re-recorded on
September 14, 1972 in
granted to the Trust;
WHEREAS, the perpetual, non-exclusive easement and right-of-way
numbered paragraph 3 of the Deed of Easements recorded on Se
Book 266 at Page 898 of the Pitkin County real property records described in
September 29, 1972 in Book 267 at Page 365 of said records September 14, 1972 in
Y ords and re-recorded on
WHEREAS, the perpetual, non-exclusive easement as granted to the Trust;
numbered paragraph 4 of the Deed of Easements recorded on Se
Book 266 at Page 898 of the Pitkin Count real nt and right-of--way described in
September 29, 1972 in Book 267 at Page 365 of said records September 14, 1972 in
Y property records and re-recorded on
and ds was granted to the Trust;
WHEREAS, the Trust was granted complete discretion in de
public or quasi-public entity should undertake the development
trails, and was granted the right to transfer an determining what
granted to it to another public or quasi-public y o p nt and maintenance bi such
in the Deed of Easements recorded on Se Y or all of its rights and responsibilities
the Pitkin County real property records and entity if 9 deemed it appropriate to do so
September 14, 1972 in Book 266 at Page 898 of
267 at Page 365 of said records; and re-recorded on September 29, 1972 in Book
WHEREAS, the Trust and City desire that the City become the h
Trail Easement and that the City accept the assignment of the
without warranty. older of the
interests of Assignor
AGREEMENT
NOW THEREFORE, in consideration of Ten Dollars
($10.00), the receipt
and sufficiency of which is hereby acknowledged, the parties a re .
1• Assi nment. g e as follows.
—�-_ The Trust as Assignor does hereby irrevocably
transfer, and assign without warranty r the s Y
title, and interest in and to the Trail Easement described in numbered quitclaim, grant,
City as Assignee all the Trust's right,
re paragraphs 2, 3,
1
Deed of Easements recorded on September 14, 1972 in Book 66 at 29,
and 4 of the real property records and re-recorded on September
898 of the Pitkin County 365.ea
1972 in Book 267 at Page
does hereby accept without warranty the
2, 3,
2. Acceptance of Assignment. The City ber 14, 1972 in Book 266 at Page
i nment of the Trail Easement described in eebed in numbered paragraphs 9
ass g September 2 ,
and 4 of the Deed of Easements
property on September
and re-recorded on Sep
898 of the Pitkin County 365.
ea
1972 in Book 267 at Page released from any and
he original Grantee under the terms Trail Easement
3. Release of Ori final Grantee. a h� Trust s Assignor is hereby
all obligations and liability to acquire and hold the
Easement by which the Trust Assignor agreed
for all events arising before or after this Assignment.
the City of Aspen and the Trust have executed this
IN WITNESS WHEREOF,
Y
Assignment as of the date first written above.
ASSIGNEE
CITY OF ASPEN /3
By:
Mich el Ireland,May r
AA T:
City Clerk
2
ASSIGNOR:
ASPEN VALLEY LAND TRUST,
a Colorado none-profit corporatio ;
By:
Martha Cochran,Executive Director
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD. )
The foregoing instrument was acknowledged before me this 31St day of May,2013,by
Martha Cochran as Executive Director of the Aspen Valley Land Trust,a Colorado non-profit
corporation.
WITNESS my hand and official ealj
My commission expires: ��D/24/LO
(SEAL)
M. SUMERA Notary Public
Notary Public
State of Colorado
3