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HomeMy WebLinkAboutordinance.council.023-87 ORDINANCE NO. (Series of 1987) AN ORDINANCE APPROVING THE CONVEYANCE TO JOSEPH ZOLINE OF TWO OPEN SPACE CONSERVATION EASEMENTS ACQUIRED BY THE CITY IN DECEMBER, 1981, AND NOVEMBER, 1982, FROM JOSEPH ZOLINE FOR THE PURPOSE OF CORRECTING AN ERROR APPEARING IN THE LEGAL DESCRIPTION IN THE DEEDS CONVEYING THE EASEMENTS; AND AUTHORIZING THE MAYOR TO EXECUTE SAID DEEDS ON BEHALF OF THE CITY OF ASPEN WHEREAS, in December, 1981, and November, 1982, Joseph Zoline conveyed to the City two open space conservation ease- ments; and WHEREAS, subsequent to the conveyances, an error was discovered in the description of the point of beginning for the easements; and WHEREAS, the City Council desires to convey said easements to Joseph Zoline and Joseph Zoline desires to reconvey said easements to the City by quit claim deeds containing a corrected legal description; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council hereby approves the reconveyance of two open space conservation easements by quit claim deed for the purpose of correcting the legal description contained in the original deeds, and authorizing the Mayor to execute said deeds on behalf of the City of Aspen, copies of which are appended hereto and incorporated herein. Section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinance. Section 4 A public hearing on the ordinance shall be held on the /~ day of ~ , 1987, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the ~ day of ~ , 1987. William L. ATTEST: ~a~h~n~.~Koch, City Clerk 2 FINALLY adopted, passed and approved this /_~day of ,~-.~-~ , 1987. Will l~~~'S~~r ATTEST': 'a ~yn S~ch, City Clerk Recorded at o'clock __ M., Reception No. Recorder. QUIT CLAIM DEED THIS DEED, Made this day of March , 19 87 , between THE CITY OF ASPEN of the *County of Pitkin and State of Colorado, grantor(~ and JOSEPH ZOLINE and THE ZOLINE FOLrNDATIO~ an Illinois not for profit corporation, as their interests may appear whose legal address is 624 North Canon Drive, Beverly Hills, California 90210 o~xxxxxxxxxxxx~xxxxxxxxxxxxxxxxxxxxxxx~dx~[a~x~xl~ldlxx grantee(s), WITNESSETH, That the grantor(10, for and in consideration of the sum of one dollar and other valuable consideration ........................................................... the receipt and sufficiency of which is hereby acknowledged, ha s rem sed re eased sold conveyed and QUIT CLAIMED and by , these presents do es remise, release, sell. convey and QUIT CLAIM unto the grantee{s), their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor~) have in and to the real property, together with improvements, if any, situate, lying and being in the County of P i tkin and State of Colorado, described as follows: Rights in that certain parcel as previously conveyed to the City of Aspen by a Conservation Easement recorded in Book 435 at Page 685 more fully described as follows: A parcel of land situated in part of Lots 14, 15, 22, and 23 of Section 2, lying]i southerly of a fence line as constructed and in place being the southerly line of an existing County Road, all in Township 10 South, Range 85 West of the SixthI Principal Heridian, Pitkin County, Colorado, being more particularly described as follows: Beginning at the South Quarter Corner of said Section 2, an iron and brass cap properly marked and found in place; thence N.28°O0'15"W. 1518.52 feet to the point of intersection of the southerly right of way fence of existing County Road and a fence running in a north-south direction; thence alongside said existing southerly right of way fence of existing County Road N.88°15'43"E. 931.31 feet to a fence corner in place; thence leaving said southerly right of way fence S.06°25'40"W. 200 feet alongside a fence in place, The True Point of Beginning; thence continuing alongside said fence in place S.06°25'40"W. another 200 feet; thence westerly 800 feet on a projected line which is directly parallel to the line alongside said right of way fence of existing County Road hereinabove de- ~x~m~m~xx~scribed to an intersection with a fence running irregularl~ (continued on rev. erse side) TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(10 either in law or equity, to , the only proper use, benefit and behoof of the grantee(s), their heirs and assigns lbrever. IN WITNESS WHEREOF, The grantor(~ ha s executed this deed on the date set forth above. CITY OF ASPEN By: STATE OF COLORADO, / ss. County of Pitkin The foregoing instrument was acknowledged before me this day of March ,19 8 7, by as Mayor of the City of Aspen. My commission expires , 19 . Witness my hand and official seal. *If in Denver, insert "City and." No. 933. Rev, 3-85. QU1T CLAIM DEED Bradford Publishing, 5825 W 6th Ave . Lakewood. CO 80214 -- (3031 233-6900 (continued from front side) southward from said right of way fence; thence northeasterly alongside said irregular fence to the point thereon which represents the southwest corner of the parcel described in the Conservation Easement from the Grantor herein to the City of Aspen, Colorado, dated December 28, 1981,and recorded on December 31, 1981, in Book 419, pages 264, 265; thence easterly 550 feet alongside the southern boundary line of said parcel described in said Conservation Easement to a point on said fence in place, the True Point of Beginning, being S.06°25'40"W. 200 feet from the fence corner at the intersection of said southerly right of way fence of existing County Road and said fence in place, said parcel containing 3.25 acres more or less. Recorded at o'clock M., Reception No. Recorder. QUIT CLAIM DEED THIS DEED, Made this day of March ,19 87 · between THE CITY OF ASPEN of the *County of Pitkin and State of Colorado. grantor(10, and JOSEPH ZOLINE and, THE ZOLINE FOUNDATION, an Illinois not for profit corporation, as their interests may appear, whose address 624 North Canon Drive, Beverly Hills, California 90210, grantees ~z~xxxxxxxxxxxxx~m~mt~x~xxxxxxxxxxxxxxxxxxxxxxxx~R~x~ WITNESSETH, That the grantor(~), for and in consideration of the sum of one dollar and other valuable considerat ion ............................................................ ~.%R$ '! the receipt and sufficiency of which is hereby acknowledged, ha s remised, released, so d, conveyed and QUIT CLAIMED. and by these presents do es remise, release, sell, convey and QUIT CLAIM unto the grantee(sk their heirs, successors and assigns, i forever, all the right, title, interest, claim and demand which the grantm'~0 ha s in and to the real property, together with ii improvements, if any, situate, lying and being in the County of Pi tkin and State of Colorado, described as follows: Rights in that certain parcel as previously conveyed to the City by a conservation easement recorded in Book 419 at Page 264 more fully described as follows: A parcel of land situated in part of Lots 14 and 15 of Section 2, lying southerly![ of a fence line as constructed and in place being the southerly line of an exist-.[ lng County Road, all in Township 10 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado, being more particularly described as follows: Beginning at the South Quarter Corner of said Section 2, an iron and brass cap o ' 1 "W properly marked and found in place;thenceN.28 00 5 . 1518.52 feet to the point of intersection of the southerly right of way fence of existing County Road and a fence running in a north-south direction; thence alongside said existing southerly right of way fence of existing County Road N.88°15'43"E. 350 feet to the point of intersection of said southerly right of way fence of existing County Road and a fence running irregularly in a north-south direction, The True Point of Beginning; thence continuing alongside said southerly right of way fence of existing County Road N.88°15'43"E 600 feet to the point of inter- section of said southerly right of way fence to a fence corner in place; thence leaving said southerly right of way fence S.06°25'40''W. 200 feet alongside a xb~x~xx~k~x~ fence in place; thence westerly 550 feet on a projected line which is directly parallel to the line alongside said right of way (continued on TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in ~everse anywisethereunt~appertaining~anda~hbeestate.~ght~ti~e~interestandc~aim~hats~ever'~fthegrant~).eitherin~aw~requity~t~::~ide) the only proper use. benefit and behoof of the grantee(s), the ir heirs and assigns forever. IN WITNESS WHEREOF, The grantor(10 ha s executed this deed on the date set lbrth above. CITY OF ASPEN By: STATE OF COLORADO, 1 ss. County of Pitkin The foregoing instrument was acknowledged before me this day of Harch ,19 87, by as ~[ayor of the City of Aspen. My commission expires , 19 . Witness my hand and official seal. Notary Pubh¢ *If in Denver, insert "City and." No, 933. Rev. 3-85. QL1T CLAIM DEED Bndtord I~blishlng, 5825 W 6th Ave, Lakew~d. CO 80214 -- 13~)3) 233-6900 (continued from front side) fence of existing County Road hereinabove described to an intersection with the aforesaid fence running irregularly in a north-south direction; thence north- westerly 200 feet alongside said fence to The True Point of Beginning, said parcel containing 2.8 acres more or less.