HomeMy WebLinkAboutresolution.council.041-90
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RESOLUTION NO. 4/
(Series of 1990)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN AUTHORIZING
THE CONVEYANCE OF A PORTION OF THE RIGHT-OF-WAY FOR THE MAROON
CREEK FLUME STRUCTURE TO THE ASPEN HIGHLANDS SKIING CORPORATION
WHEREAS, the city of Aspen owns certain water rights his-
torically conveyed in a structure known as the Maroon Creek
Flume, and
WHEREAS, due to the dilapidated condition of the Flume
structure its use by the City is no longer feasible or desirable;
and
WHEREAS, the City now utilizes those water rights via a
structure constructed in 1973 known as the Maroon Creek pipeline
and by other methods of diversion; and
WHEREAS, the ci t:y entered into certain agreements with the
Aspen Highlands Skiing corporation, first in 1973 and next in
1981 to obtain easements for the new Maroon Creek pipeline, and
WHEREAS, a term of those agreements required the City to
convey by Quit Claim Deed its ownership in the Maroon Creek Flume
structure and right-of-way as it crosses certain lands owned or
leased by the Aspen Highlands Skiing corporation, and
WHEREAS, the City and the Aspen Highlands Skiing Corporation
acknowledge that both have been less than diligent in completing
certain obligations under the 1973 and 1981 agreements and desire
to correct that situation immediately, and
WHEREAS, the city's interests and rights in that portion of
the Maroon Creek Flume and right-of-way as described herein
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presently serve no useful municipal purpose and no useful munici-
pal purpose is foreseen for same at any time in the future; and
WHEREAS, the acquisition of easements for the 1990-1991
Water System capital Improvements Program could be impaired by
the failure to fulfil the terms and conditions of the earlier
agreement; and
WHEREAS, it is in the best interests of the city of Aspen to
make the conveyance it agreed to make in 1973 and again in 1981.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
section 1
That the Mayor is authorized to execute a Quit Claim Deed
conveying a portion of the structure and the right-of-way for the
Maroon Creek Flume to the Aspen Highlands Skiing Corporation.
Said Quit Claim Deed is attached hereto, and incorporated herein
by reference, as Exhibit "A".
Dated: ~
o:!& , 1990.
---?~ /~ ~
~~ L. stirling, Ma~
If 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 ~ e:7~ , 1990.
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Recorded at
Reception No.
o'clock M.,
Recorder
QUIT CLAIM DEED
THIS DEED, Made this ~~ day of September, 1990, between The
city of Aspen of the County of Pitkin and state of Colorado,
grantor, and Aspen Highlands Skiing corporation, a corporation
organized and existing under and by virtue of the laws of the State
of Colorado, whose legal address is P. o. Box T, Aspen, CO 81612
of the county of Pitkin and the state of Colorado, grantee,
WITNESSETH, That the grantor, for and in consideration of the
sum of Ten ($10.00) DOLLARS the receipt and sufficiency of which is
hereby acknowledged, has remised, released, sold, conveyed and QUIT
CLAIMED, and by these presents does remise, release, sell, convey,
and QUIT CLAIM unto the grantee, its successors and assigns,
forever, all the right, title, interest, claim and demand which the
grantor has in and to the real property, together with
improvements, if any, situate, lying and being in the county of
Pitkin, Colorado, described as follows:
That portion of that certain structure known as the
Maroon Creek Flume and the Right-Of-Way therefor resting
on land owned by Aspen Highlands Skiing Corporation in
the Southwest one-quarter (SW~), section 14, Township 10
South, Range 85 West, 6th P.M., or on adjacent united
States Forest Service land under permit to said
Corporation, but excluding any such interest upon land
owned by Louise Glover Deane and/or the Roaring Fork Land
and Cattle Company and also excluding any portion of said
Maroon Creek Flume Right-of-Way in which that certain
pipeline, owned by the city of Aspen and known as the
Maroon Creek Raw Water pipeline, is now located, and
further specifically excluding any and all water rights
ever conveyed in said structure.
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, either in law or equity, to
the only proper use, benefit and behoof of the grantee, its
successors and assigns forever.
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IN WITNESS WHEREOF, The grantor has executed this deed on the
date set forth above.
Attest
By: I:!ca~ xl k
Clerk t1 '
STATE OF COLORADO
County of ~'K I t-J
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The for~oing instru~ent was
day of XU f1--;:{Q.nJLJi ./'J
My commission expires
CITY OF ASPEN, COLORADO
BY~ /~
Mayor
ss.
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acknowledged before m~:'~~~s~
, 199~, by,,: ' . 'M () .'
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My Col1ll11lo9lon elCfllre8\l1l!Me
witness my hand and official seal.
(aspen qUltclal ots)
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RESOLUTION NO. 4/
(Series of 1990)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN AUTHORIZING
THE CONVEYANCE OF A PORTION OF THE RIGHT-OF-WAY FOR THE MAROON
CREEK FLUME STRUCTURE TO THE ASPEN HIGHLANDS SKIING CORPORATION
WHEREAS, the City of Aspen owns certain water rights his-
torically conveyed in a structure known as the Maroon Creek
Flume; and
WHEREAS, due to the dilapidated condition of the Flume
structure its use by the City is no longer feasible or desirable;
and
WHEREAS, the City now utilizes those water rights via a
structure constructed in 1973 known as the Maroon Creek Pipeline
and by other methods of diversion; and
I,'
WHEREAS, the Cit:y entered into certain agreements with the
Aspen Highlands Skiing Corporation, first in 1973 and next in
1981 to obtain easements for the new Maroon Creek Pipeline; and
WHEREAS, a term of those agreements required the City to
convey by Quit Claim Deed its ownership in the Maroon Creek Flume
structure and right-of-way as it crosses certain lands owned or
leased by the Aspen Highlands Skiing Corporation; and
WHEREAS, the City and the Aspen Highlands Skiing Corporation
acknowledge that both have been less than diligent in completing
certain obligations under the 1973 and 1981 agreements and desire
to correct that situation immediately; and
WHEREAS, the City's interests and rights in that portion of
the Maroon Creek Flume and right-of-way as described herein
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Recorded at
Reception No.
o'clock M.,
Recorder
QUIT CLAIM DEED
THIS DEED, Made this ~~ day of September, 1990, between The
city of Aspen of the County of Pitkin and state of Colorado,
grantor, and Aspen Highlands Skilng Corporation, a corporation
organized and existing under and by virtue of the laws of the State
of Colorado, whose legal address is P. O. Box T, Aspen, CO 81612
of the County of Pitkin and the State of Colorado, grantee,
WITNESSETH, That the grantor, for and in consideration of the
sum of Ten ($10.00) DOLLARS the receipt and sufficiency of which is
hereby acknowledged, has remised, released, sold, conveyed and QUIT
CLAIMED, and by these presents does remise, release, sell, convey,
and QUIT CLAIM unto the grantee, its successors and assigns,
forever, all the right, tltle, lnterest, claim and demand which the
grantor has in and to the real property, together with
improvements, if any, situate, lying and being in the County of
Pitkin, Colorado, described as follows:
That portion of that certain structure known as the
Maroon Creek Flume and the Right-of-Way therefor rest~ng
on land owned by Aspen Highlands Skiing corporation in
the Southwest one-quarter (SW%), section 14, Township 10
South, Range 85 West, 6th P.M., or on adjacent United
States Forest Service land under permit to sald
corporation, but excluding any such interest upon land
owned by Louise Glover Deane and/or the Roaring Fork Land
and Cattle company and also excluding any portion of said
Maroon Creek Flume Right-of-Way in which that certain
pipeline, owned by the City of Aspen and known as the
Maroon Creek Raw Water Pipeline, is now located, and
further specifically excluding any and all water rights
ever conveyed in said structure.
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, either in law or equity, to
the only proper use, benefit and behoof of the grantee, its
successors and assigns forever.
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IN WITNESS WHEREOF, The grantor has executed this deed,on the
date set forth above.
Attest
By: i!atjV>-<-f~ xl ~
Clerk tI
STATE OF COLORADO
County of --:j),TKIt0
day
The for~oing instru~ent
of .x2.f f'""2P.-nuV' /\~
My commission expires
CITY OF ASPEN, COLORADO
BY~ ~~
Mayor
ss.
was acknowledged before me this~~
, 199~, by
My Commloslon explrualll27S2
witness my hand and official seal.
(aspen qUltcla:J 00)
(A-17M-2)
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CITY OF ASPEN
130 south galena street
aspclh, colorado 81611
303- 915 -2020
MEMORANDUM
DATE: September 20, 1990
TO: Mayor and City council
FROM: Jed Caswall, City Attorney
~L
RE: Vacating Maroon Creek Flume
This matter is on your consent agenda at the request of Musick &
Cope pursuant to their current negotiations with the Aspen
Highlands Skiing Corporation relative to obtaining an easement
for municipal water delivery expansion. A review of the "where-
as" clauses will illustrate the background pertinent to the
action being requested. Approval of the quit claim transfer as
proposed herein does not resolve the city's current difficulties
regarding easements, but does dispose of a matter that should
have been taken care of long ago.
RECOMMENDATION: Approve as drafted.
EMC/mc