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Home My WebLink Aboutresolution.council.139-24RESOLUTION # 13 9 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE AGREEMENT FOR VACATION OF A EASEMENT AND AUTHORIZING THE UTILITIES DIRECTOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a proposed Vacation of Easement agreement for property located at 301 S. 7th Street, between the City of Aspen and Cherie G. Oates and Estate of James E. Gerbaz, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the Vacation of Easement agreement, a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Utilities Director to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 19' day of November 2024. Torre, Mayor I, Nicole Henning, 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, November 19, 2024. C� Nicole Henning, CiVy Clerk 1111111111111111111111111111111111111 IN 1111111111111111111111111111111111 RECEPTION#: 706361, R: $13.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 1, 11 /22/2024 at 02:24:06 PM Ingrid K. Grueter, Pitkin County, CO RECEPTION#: 706761, R: $43.009 D: $0.00 DOC CODE: RESOLUTION Pg 1 of 7, 12/17/2024 at 08:16:10 AM RESOLUTION # 139 Ingrid K. Grueter, Pitkin County, CO (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO, APPROVING THE AGREEMENT FOR VACATION OF A EASEMENT AND AUTHORIZING THE UTILITIES DIRECTOR TO EXECUTE SAID AGREEMENT ON BEHALF OF TIE CITY OF ASPEN COLORADO. WHEREAS, there has been submitted to the City Council a proposed �- P P Vacation of Easement agreement for property located at 301 S . 7th Street between • the City of Aspen and Cherie G. Oates and Estate of James E. Gerbaz a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, � That the City Council of the City of Aspen hereby approves the Vacation of Easement agreement, a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Utilities Director to execute said agreement on � behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of � Aspen on the 19t'' day of November 2024. tom- 1U Torre, Mayor I, Nicole Henning, 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, November 19, 2024. *4 q1 Nicole Henning, C4 Clerk 111111111111111111111111111111111111111111111111111111111111111111111111111 RECEPTION#: 706361, R: $13.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 19 11/22/2024 at 02:24:06 PM Ingrid K. Grueter, Pitkin County, CO Exhibit A VACATION OF EASEMENT THIS VACATION OF EASEMENT, is made and entered this 6711a-'y of December, 2024, by the City of Aspen, Colorado, a municipal corporation (hereinafter "the City") WITNES SETH: WHEREAS, CHERIE G. OATES and the ESTATE OF JAMES E. GERBAZ, (hereinafter the "Owners") are record owners of that real property situate in the County of Pitkin, State of Colorado, more fully described on Exhibit A, attached hereto and incorporated herein by this reference (hereinafter the "Property"); and WHEREAS, in 1974, pursuant to a Decree Quieting Title in Civil Action No. 4862 ("Decree") in the District Court for the County of Pitkin and State of Colorado ("Court"), the Court ordered that the Owners were owners fee simple to the Property "subject to a perpetual easement upon, over, along, across and under the southerly thirty feet (30') thereof, for ingress to, egress from and underground utilities to the portion of the property described as Parcel 2 ("Parcel 2") in paragraph 1 hereof, lying and being westerly of the property described in this paragraph of this Decree, but easterly of the centerline of Castle Creek, said easement being for the benefit of said real property and the plaintiff, its successors, grantees, assignees, invitees and distributees" ("30' Access and Utility Easement"), as shown on Exhibit "B" attached hereto and incorporated herein by this reference; and WHEREAS, the plaintiffs in the Decree were the Estate of Michael Christopher Marolt, deceased, also known as Michael Marolt and Micheal Marolt, by and through its Administratrix, Opal Matilda Marolt ("Marolt") which owned Parcel 2 at the time the Decree was issued by the Court; and WHEREAS, the City of Aspen ("City") purchased Parcel 2 in 1983 from Marolt's successor -in -interest Marolt Associates, as evidenced by a Warranty Deed recorded on August 2, 1983 in the records of the Pitkin County Clerk and Recorder as Reception No. 252053 in Book 289 at Page 729, as part of its acquisition of what is now Marolt Open Space; and WHEREAS, the City has never used the 3 0' Access and Utility Easement to access Parcel 2 and/or any of the Marolt Open Space nor has the City used the 30' Access and Utility Easement for the installation of utilities nor does the 3 0' Access and Utility Easement abut Parcel 2; and 1 WHEREAS, the Owner has requested, and the City has agreed to vacate the 3 g 0 Access and Utility Easement in exchange for the relocation of the waterline on the Property p rty and the grant of 3 0' wide utility easement on the westerly and northerly property lines of the Property; rty; and WHEREAS, the City has no need or use of the 3 0' Access and Utility Easement and hereby desires to vacate, abandon, and relinquish any and all rights it may have in and to the 3 ' g Y 0 Access and Utility Easement. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: l . Vacation of Easements. The City hereby vacates, quitclaims, abandons and forever relinquishes any and all right, title and interest it has in and to the 30' Access and Utility Easement located on the Property and shown on Exhibit B. and all benefits and burdens whatsoever relating thereto. The City also hereby vacates, quitclaims, abandons and forever relinquishes any and all right, title and interest it has in and to the existing water line, water line alignment and associated infrastructure as shown on Exhibit B (labeled as "W" with dashed lines) . This vacation, abandonment and release of the above -described easements shall be a full release of the restrictions, obligations, benefits and servitudes associated with such easements, shall run with title to the Property and shall be perpetual. THE CITY OF AS By: �- ka Jus n Forman, Ci of Aspen tilities Director L""I' T: L�C�— ' rh 2 APPROVED By: ames R. True, City of Aspen Attorney Notary block on the following page STATE OF COLORADO ) ss COUNTY OF PITKIN ) Subscribed and sworn to before me this City Utilities Director. Witness my hand and official seal: My commission expires: TARA L. NELSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014030017 IMY COMMISSION EXPIRES SEPTEMBER 25, 20251 3 S�'�deqyof December 2024 b y Justin Forman, A 4 A /vA . Notary Public OWNER: orn� �J December 2, 2024 Cherie G. Oates by her Date attorney -in -fact, Sarah M. Oates •—December 2 2024 Sarah M. Oates, Date Personal Representative of the Estate of James E. Gerbaz, Deceased STATE OF COL,ORADO ss COUNTY OFF A ) ("I V-pi Z�'C' Subscribed and sworn to before me this 2- day of December, 2024 by Cherie G. Oates by her attorney -in -fact, Sarah M. Oates and Sarah M. Oates as Personal Representative of the Estate of James E. Gerbaz, Deceased. Witness my hand and official seal: JENNIFER BENCOMO NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20214029759 MY COMMISSION EXPIRES 07/27/2025 11 )p6r yIblic Exhibit A Legal Description of Property The real property described in Paragraph 4 of the Decree Quieting Title recorded in Book 289 at Page 729: A tract of land in Lot 13 (from TWP Plat by Withers approved July 18, 1889) Sec. 12 T10S R85W 6 P.M. being part of the "Stitzer Entry" described as follows: Beginning at a point, being 478.03 ft. N.60°58'40"W from the 28" x 14" x 10" rock witness corner monument set for the witness point for the S 1 /4 cor. of Sec. 12 (mon. shown in notes on plat — Cutshaw Survey approved Nov. 8, 1888); said rock being 78.57 ft. N78° 10'3 0"W from an unapproved 1954 Bureau of Land Management Brass Cap stamped as witness cor., Thence S54°00'W 126.00 ft., Thence S51 °09' 10"W 106.31 ft. to the most Easterly corner of property described in Bk. 196 Pg. 376 Pitkln County records, Thence N58°48'W 223.44 ft. along the NE' strly line of property described in Bk. 196 Pg. 376 to the most Northerly corner of property described in Bk. 196 Pg. 376, Thence N3 604TE 116.00 ft., Thence S77029'5511E 313.89 ft. to the point of beginning. Pitkin County, Colorado also known by street and number as: 301 S. Seventh Street, Aspen, CO 81611 M Ow rm M ED m z Oz F1 C) -0 0 tE q 05. t orzo m 5 0 rzas )i rt I 1§1 INN I. o MorAH 10� EJ -.4 A 0 t: 0 NH 0 z R UP Fj MY