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Home My WebLink Aboutordinance.council.041-82 RECORD OF PROCEEDINGS 100 Leaves (Series of 1982) AN ORDINANCE IMPLEMENTING THE TERMS OF THAT LAND EXCHANGE AGREE- MENT BETWEEN THE CITY OF ASPEN ("CITY") AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY ("COUNTY"), DATED APRIL 12, 1982, BY AUTHORIZING AND DIRECTING: (1) CONVEYANCE TO THE COUNTY BY GENERAL WARRANTY DEED OF THAT PARCEL OF LAND REFERRED TO IN THE AGREEMENT AND COMMONLY KNOWN AS THE "JAIL PROPERTY", AND DETER- MINING THAT SAID CONVEYANCE IS EXEMPT FROM THE DEFINITION OF SUB- DIVISION; (2) ACCEPTANCE OF A CONVEYANCE BY GENERAL WARRANTY DEED FROM THE COUNTY OF THAT PROPERTY REFERRED TO IN THE AGREEMENT AND COMMONLY KNOWN AS THE "ODEN PROPERTY" UPON MAKING PAYMENT TO THE COUNTY OF ALL MONIES PAID BY THE COUNTY AND ASSUMING ALL OBLIGA- TIONS, RESPONSIBILITY AND RIGHTS OF THE COUNTY ARISING UNDER AND BY REASON OF THE TERMS AND CONDITIONS OF A PROMISSORY NOTE IN THE PRINCIPAL AMOUNT OF $190,000.00 PAYABLE TO THE ORDER OF ROBERT R. ODEN, M.D. AND NANCY C. ODEN AND THE NOTE AND DEED OF TRUST SECUR- ING SAID NOTE, SAID CONVEYANCE CONTAINING A REVERSION IN THE EVENT THAT A PERFORMING ARTS CENTER IS NOT CONSTRUCTED BY APRIL 12, 1992, AND REIMBURSEMENT BY THE COUNTY OF ALL MONIES PAID BY THE CITY PURSUANT TO THE PROMISSORY NOTE; (3) ACCEPTANCE OF A CONVEY- ANCE FROM THE COUNTY BY SPECIAL WARRANTY DEED OF THAT PROPERTY REFERRED TO IN THE AGREEMENT AND COMMONLY KNOWN AS THE "STABLE PROPERTY", AN APPROXIMATELY 13,000 SQUARE FOOT PARCEL WEST OF THE COURTHOUSE, WITH A REVERSION IN THE EVENT THAT A PERFORMING ARTS CENTER IS NOT CONSTRUCTED BY APRIL 12, 1992; (4) ACCEPTANCE OF A CONVEYANCE FROM THE COUNTY BY SPECIAL WARRANTY DEED OF A TRIANGU- LAR PORTION OF REAL PROPERTY, FORMERLY A PORTION OF BLEEKER STREET, LYING NORTHERLY OF LOTS F, G, H AND I, BLOCK 86, CITY AND TOWNSITE OF ASPEN, WITH A REVERSION IN THE EVENT THAT A PERFORMING ARTS CENTER IS NOT CONSTRUCTED BY APRIL 12, 1992; (5) ACCEPTANCE OF A CONVEYANCE FROM THE COUNTY BY GENERAL WARRANTY DEED OF THAT LAND REFERRED TO IN THE LAND EXCHANGE AGREEMENT AND COMMOLY KNOWN AS THE "ASPEN ONE PROPERTY", AN APPROXIMATELY 40,000 SQUARE FOOT PARCEL DESCRIBED IN A DECREE OF RECORD AT BOOK 318, PAGE 429 OF THE RECORDS OF THE PITKIN COUNTY CLERK AND RECORDER; AND AUTHOR- IZING AND DIRECTING THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE AFORESAID TRANSACTIONS, PROVIDED SAID DOCUMENTS ARE APPROVED AS TO FORM BY THE CITY ATTORNEY WHEREAS, desiring to exchange lands for the purpose of facil- itating the construction of certain public improvements, the City of Aspen, Colorado ("City") and the Board of County Commissioners of Pitkin County, Colorado ("County"), entered into that land exchange agreement, dated April 12, 1982, recorded at Book 426, Page 249 of the records of the Pitkin County Clerk and Recorder, which agreement is incorporated herein by this reference, and WHEREAS, upon the recommendation of the Planning and Zoning Commission of the City of Aspen, the City Council did adopt and enact Ordinance No. 24 (Series of 1982), adopting the precise plan for the jail facility specially planned area (SPA), and RECORD OF PROCEEDINGS 100 Leaves WHEREAS, the City Council desires to further implement the terms, conditions and understandings of the aforesaid land ex- change agreement by entering into those transactions as herein- after set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 (a) The City Council hereby approves and authorizes the con- veyance to the County by General Warranty Deed, a copy of which is annexed as Exhibit "A", of that tract of land, commonly known as the "Jail Property"; (b) Acknowledging the Planning and Zoning Commission's recommendation, pursuant to its meeting held on May 4, 1982, regarding the precise plan for the jail facility specially planned area, the City Council hereby declares that the division of the aforesaid parcel from the City's Rio Grande parcel is not "within the intent and purpose" of Chapter 20 of the Municipal Code, inas- much as both the Planning and Zoning Commission and the City Coun- cil have previously considered the same in connection with the approved final plat of the Pitkin County Center Subdivision, as indicated by Ordinance No. 24 (Series of 1982). Section 2 The City Council does herebY approve and authorize the acceptance of a conveyance from the County by General Warranty Deed, a copy of which is annexed hereto as Exhibit "B", of that property commonly known as the "Oden Property" and, in connection therewith does also authorize and approve the assumption by the City of all obligations, responsibilities and rights of the County arising under and by reason of the terms and conditions of a pro- missory note in the principal amount of $190,000.00 payable to the order of Robert R. Oden, M.D., and Nancy C. Oden, and the Deed of 2 RECORD OF PROCEEDINGS 100 Leaves Trust securing said promissory note, all as is indicated in that Assumption of Note and Deed of Trust annexed hereto as Exhibit "C"; and further with respect to said transaction, the City Coun- cil does hereby authorize and approve the reimbursement to the County of all amounts previously paid on the aforesaid note, in the amount of approximately $101,790.50; and the City Council does hereby acknowledge that said conveyance is subject to reversion to the County in the event that a performing arts center is not constructed by April 12, 1992, and upon repayment to the City of all amounts reimbursed and paid by the City pursuant to the terms of the aforesaid promissory note. Section 3 The City Council does hereby approve, authorize and accept the conveyance from the County by that Special Warranty Deed annexed hereto as Exhibit "D" of that property commonly known as the "Stable Property" which is a tract of land consisting of approximately 13,000 square feet west of the courthouse; and in accepting said conveyance, the City Council acknowledges that said parcel will revert to the County if a performing arts center is not constructed by April 12, 1992. Section 4 The City Council does hereby authorize, approve and accept the conveyance from the County by that Special Warranty Deed annexed hereto as Exhibit "E" of that triangular portion of real property, formerly a portion of Bleeker Street, lying northerly of Lots F, G, H and I, Block 86, City and Townsite of Aspen; and in accepting said conveyance, the City Council does recognize that the said parcel will revert to the City in the event that a performing arts center is not constructed by April 12, 1992. 3 RECORD OF PROCEEDINGS 100 Leaves Section 5 The City Council does hereby authorize, approve and accept conveyance from the County by that General Warranty Deed annexed hereto as Exhibit "F" of approximately 40,000 square feet, described in the a decree of record at Book 318, Page 429 of the records of the Pitkin County Clerk and Recorder, commonly known as the "Aspen One Property". Section 6 The City Council does hereby authorize and direct the Mayor to execute the necessary documents to implement the aforesaid transactions, including Exhibits "A" through "E" annexed hereto, upon approval of the same and with such changes as to form recom- mended by the City Attorney. Section 7 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 8 A public hearing on the ordinance shall be held on the ~ day of ~, 1982, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, 130 South Galena Street, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held ~ ~ , 1982. 4 RECORD OF PROCEEDINGS 100 Leaves ~KTTEST ~' ~J ~ ~ath575 S~Koehr City clerk FINALLY adopted, passed and approved this ~ ~ day of , 1982. : Herman Edel, Mayor~ ATTEST: TM ~ Kathry~ S.~,~och,. .. City Clerk RECORD OF PROCEEDINGS 100 Leaves S~.A.'~.~;' COLORADO ) CE~x~.FICAT, E COUNTY OF PITKIN ) I, Kathryn S Koch, City Clerk of Aspen, Colorado, de hereby certifN Lhat the above and foregoing ordinance was intreduced~ read in full, and passe~ on ~__ ._ ~' Cou~clz o~? the reading a,. e regular meeting of the City ~ '~ City o[~ Aspen on~~ 19- -.~and published in the Aspen Time~ekly newspaper of general circul- ami. on, published in the City of Aspen, Colorado, in its issue c-f ~__~_, 19~ and ond aoproved ah a regular mee~.ing of the City Council on __~~///~ ~[9~and ordered~ pubiisned- as Ordt,~a~ce ~,~o~~ ~ , ~,erles oz tg~, of sazd Crcy, as p~rovided by law. IN WiTN[iSS WiiERFOF, i have hereunho seh my h.?:td a}d kNe seal of said City of Aspen~ Ce!orado, hhis ~~ day of ~___, ].9~