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HomeMy WebLinkAboutresolution.council.017-92 1.1............ I~ {iR \~ -- . . RESOLUTION NO. /1 Series of 1992 h,'c-\ i A RESOLUTION APPROVING AN AGREEMENT BETWEEN RAE MARASCO AND THE CITY OF ASPEN, COLORADO, PROVIDING THAT THE CITY OF ASPEN SHALL CONVEY TO RAE MARASCO CERTAIN PROPERTY NOT IN PUBLIC USE IN EXCHANGE FOR THE GRANT OF AN EASEMENT ALLOWING ACCESS FOR FISHING PURPOSES AND THE CONSTRUCTION AND USE OF A PUBLIC TRAIL, SETTING FORTH THE TERMS AND CONDITIONS FOR SAID AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, a dispute exists concerning the ownership of a certain strip of land within the City between Rae Marasco and the City of Aspen; and WHEREAS, the certain strip of land in question is identified on a map for the East Aspen Addition as an alley right-of-way; and e WHEREAS, the alley has never been opened or otherwise put to public use; and 0._....... lit \~. WHEREAS, the City foresees no future public use for the strip of land as an alley by reason of its physical characteristics; and WHEREAS, there has been submitted to the City Council an agreement between Rae Marasco and the City of Aspen, wherein the City shall execute a quit claim deed conveying the property described above to Marasco in exchange for the grant of an easement by Marasco allowing public access for fishing and the construction and use of a public trail. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby finds and determines that the property '.< ''"< a_ Il! \+ ~ .~ e. ,\, t't ~. . ," -- . . which is the subject of a proposed agreement between the City of Aspen and Rae Marasco has never been placed into public use or used for an alley or other right-of-way, and has not been used by the general public for any other purpose except for the establishment of a foot trail along the banks of the Roaring Fork River. Section 2 That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen and Rae Marasco, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement and the Mayor of the City of Aspen to execute said quit claim deed on behalf of the City of Aspen. Section 3 This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4 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 hereof. 2 '.s.'. "'~ . tI). IV'. \b '''"-. "It ~.'.. ~ '\" . . INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on If7~ /)..,.-~ the ::;J day of ~ ' 1992. g 9, I;?~ Jo n S. Bennett, Mayor 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 hereinabove stated. ~ ;Li4(lL Kat yn S. Koch, City Clerk marasco.res 3 ~.""" '~\ "\ "e' A \% '" "''c... 'II' \'*- '" . . UK CITY OF ASPEN City Attorney's Office 130 South Galena Aspen, Colorado 81611 (303) 920-5055 MEMORANDUM TO: Mayor and Members of Council John P. W Ol'cester i >9tf'1 . '6t 3J~1o\q~~ March 20,1992 FROM: DATE: RE: Resolution Approving Agreement Between City and Rae Marasco This matter is on Council's consent agenda to approve an agreement between the City of Aspen and Rae Marasco relating to the title to a parcel of land within the City of Aspen. The agreement provides that in exchange for the 'grant of an easement by Ms. Marasco allowing access. for fishing and the construction and use of a public trail, the City shall execute and deliver to Ms. Marasco a quit claim deed conveying certain property not in public use. Attached hereto is a map illustrating the property involved in the agreement. Rae Marasco and her family have owned parcel A since 1965. Parcel B, to the north of parcel A, has been openly, notoriously, and continuously utilized by the Marascos as their backyard. They presently claim title to parcel B through adverse possession. I The City's interest stems from the fact that the original plat for the East Aspen Addition, of which this property is a part, shows an alley running through parcel B. The proposed alley was never opened. In fact, it would be physically impossible to open an alley through the parcel as the land slopes down steeply from the southern edge of parcel B down to the edge of the Roaring Fork River. The City's only interest in the property is to ensure that a current footpath can be expanded into a pedestrian trail and that the riverbank be dedicated to the public as a fisherman's easement. The City's Planning, Parks and Engineering departments were requested to comment on the proposed agreement. All are in agreement that the City would benefit by obtaining a fisherman's easement and trail easement that fits into the City's pedestrian trail plan. Accordingly, staff recommends that Council approve the agreement and authorize the Mayor to execute a quit claim deed substantially in the form of the Exhibit accompanying the agreement. mm1nsco.lI1cm I The law does not recognize adverse possession against a municipality. Thus, ,Ms. M'arascos cannot claim the City's interest in the land by adverse possession. 1 BASIS OF BEARING: NI40~O'49"E lOa-DO . op- U;::U9 f~ I I ~-. :W ~..,~,.-' " , N14050'49"E lOa-OJ l:> ~ l> '\ lj ... h c::n 'J~~-, FlD: 514054' 47"W 514" 50 49'W 'It ' . &.{.:..... '\ ~ ~ -"- "- t. \J\ ~ .' iil.. rl' Ii, "\" ,:~:_, ,-"'-:.:- 99-99 laO-DO EO) :0-" ",0 roC ,.Z :00 ".' " ,. " ~ C) j. . 6,' o , 70 '" :." <!' o o -"CJ' i --- -----~ lP ~ so' I !~ Itt I ~ - - - j.' ~ --- ~ ~ I :(\ I I: I I:~ I ~ I' (\ I~ K , , , '1'\ I:1:\) , l\ ~ o c.~ -It IT) i . '.'...'..... I'. '< . " fT..... \\\< . I.t." ,I, \(\, . . AGREEMENT THIS AGREEMEN'r fno"_LA ,1992, the CITY OF ASPEN, a is made and entered into this j,'F day of by and between RAE MARASCO ( "Marasco") and Colorado municipal corporation (the "City"). RECITALS: 1. Marasco is the present owner of land within the City of Aspen, referred to herein as Parcel A and described as follows: The east 12 feet of Lot 10, all of Lot M, and the west 2 feet of Lot N, Block 25, East Aspen Addition to the City and Townsite of Aspen. 2. Marasco and her predecessor in title have openly, notoriously, and continuously used and occupied an area of land adjacent to that described above for a period of time in excess of 20 years and intends to assert a claim of title thereto by adverse possession. That adjacent property is described in Exhibit 1, which is attached hereto and incorporated herein by this reference, and is referred to herein as Parcel B. 3. The City may have an interest in Parcel B which may be adverse to Marasco's claim of title. 4. Marasco has requested that the City extinguish any interest which it may have in and to Parcel B, and in exchange therefor, has offered to grant to the City an easement for trail and fishing purposes along the Roaring Fork River. 5. 'rhe City desires to accommodate Marasco' s request as more particularly set forth herein. NOW, THEREFORE, in consideration of the mutual promises and obligations of the parties as set forth herein, it is agreed as follows: 1. In exchange for the grant of an easement by Marasco allowing access for fishing and the construction and use of a public trail, the City shall execute and deliver to Marasco a quit claim deed conveying Parcel B to Marasco, her successors and assigns. The easements shall be substantially in the form of Exhibits 2 and 3, and the quit claim deed shall be in the form of Exhibit 4. 2. The exchange of the easement and quit claim deed shall take place at a mutually acceptable time and place following the completion of a land survey, to be undertaken and completed by Marasco at her expense, which locates on the ground and depicts on a drawing the dimensions of the proposed trail easement. It is the understanding of the parties that the trail easement shall encompass the land area between the northerly boundary of Par,cel ! (.'. -\." '.<'. \t: \\, .~.. & '\ -- . eJ B and the top of a steep bank approximately 10-15 feet to the south. It is the intent of the parties that the top of the bank will define the southerly limits of the easement and that the north, south and east limits of the easement will correspond to the boundaries of Parcel B. The easement will be for the benefit of the public and will allow for and authorize the construction of a pedestrian trail within the boundaries of the easement and will also allow persons fishing in the Roaring Fork River to enter or leave the River within the area of the easement. 3. This Agreement shall become effective upon ratification and confirmation by the Aspen City Council in accordance with applicable laws and regulations. It is anticipated that such ratification and confirmation shall provide specific direction and authority to the Mayor of Aspen to execute the contemplated quit claim deed upon delivery of the contemplated easements to the Aspen City Hanager, and the approval thereof as to form by the Aspen City Attorney. Executed in duplicate originals the day and year above first written. ~ / 1\ D--"- /11 h/LJCL---~? Rae Marasco By: CITY 13/006 -2- i.:,..'. "I} iL"" a ., 'II ,{ ~. '. ,> " . . EXHIBIT B PARCEL B A parcel of land within Block 25 of the East Aspen Addition to the City and Townsite of Aspen, Pitkin County, Colorado, described as the east 12 feet of Lot B, all of Lot C, and the west 3 feet of Lot D, together with an adjacent parcel of land described as follows: Beginning at a point ~2 feet west of the northeast corner of Lot L, thence northerly to Lot B, thence easterly to the southeast corner of Lot E, thence southerly to the northeast corner of Lot D, thence westerly to the place of beginning, comprising 2,250 square feet, more or less. 13/DD6 ~I).i. ,%, , lilt' ~. '~ ~-.' ,II' . . S~ {<<t. ~ .tv~ " H 2 ~~~~1r / \ ~~ ; this THIS G~~~ ~Ff FISHERHAN' S EASEME~~ is, m~~:J.sJ:l~~~~ HARASCO (hereinafter referred to as "Grantor), and .cITY OF ASPEN, COLORADO (hereinafter referred to as "Grantee") GRANT OF FISHERMAN'S F WIT N E SSE T H: WHEREAS, Grantor is the owner of the following described real property located in pitkin County, Colorado, to wit: A parcel of land within Block 25 of the East Aspen Addition to the City and Townsite of Aspen, pitkin County, Colorado, described as the east 12 feet of Lot B, all of Lot C, and the west 3 feet of Lot D, together with an adjacent parcel of land described as follows: Beginning at a point 12 feet west of the northeast corner of Lot L, thence northerly to Lot B, thence easterly to the southeast corner of Lot E, thence southerly to the northeast corner of Lot D, thence westerly to the place of beginning, comprising 2,250 square feet, more or less, and WHEREAS, Grantor is desirous of granting to Grantee a certain perpetual fisherman's easement and right-of-way across said real property under the terms and conditions hereinafter specified; and WHEREAS, Grantee is desirous of accepting said fisherman's easement and right-of-way. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby dedicates to the use of the general public, for fishing purposes Onl'l, a perpetual, non-exclusive easement and right-of-\vay along that portion of the above-described property lying between the center line of the Roaring Fork River and a line which is five (5) feet (measured horizontally) above the high water line of the Roaring Fork River. Grantor reserves to himself the right to use and enjoy the easement area for all purposes which do not interfere with the public fishing rights dedicated hereby. THE ABOVE GRANTED FISHERMAN'S EASEHENT and right-of-way is subject to the following terms, agreements and reservations: 'It (.. 'Ii;,... .' ~1....'.. ".) v. \)< ~0.e. \\ \ '~ . . 1. The rights and privileges granted by this Easement are subject to prior agreements, easements, and conveyances recorded, or unrecorded. Grantor represents that she has no knowledge of any recorded or unrecorded agreements, easements or conveyances wi th respect to such property which would preclude use of the property for a fisherman's easement as contemplated herein. 2. Grantee agrees to use reasonable care in construction of improvements within the area of the easement, and agrees to avoid damage to the surrounding land and improvements thereto, and further agrees to restore such land and improvements to their condition immediately prior to any construction, improvements or repairs within the easement area. 3. It is the intention of the parties to make the land available to the public for recreational purposes without charge, and to limit the parties' liability to persons entering thereon for such purposes. In the event that either or both of the parties might otherwise be liable under applicable state stat- utes, Grantee hereby agrees, to the extent permitted by law, to indemnify and hold Grantor harmless from and against claims or awards for loss, damage or any liability including reasonable attorneys' fees and costs, which may result from Grantee's acts or omissions covering and including, but not by way of limi ta- tion, installation, excavation, fill, construction, maintenance, repair, replacement, public use or location of trails or attendant facilities, as subsequently determined by a court of competent jurisdiction. Nothing herein shall constitute a waiver of Grantee's rights as provided in Section 24-10-101, et seq., C.R.S. IN WITNESS WHEREOF, the parties hereto have executed the foregoing on the day and year above first given. RAE MARASCO, GRANTOR By: STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing day of instrument was , 19 acknowledged before me this , by the above-named Grantor. WITNESS my hand and official seal. My commission expires: Notary Public 06/DD10 -2- &1- "'\.'... l0 \i\ ,*.... \)1, '< '.."'It: rJr \(: '\~- . . The foregoing Grant accepted and ~' for 1;:3 day of of Fisherman's Easement is hereby the be):)efi t of the general public this , 19~. ATTEST: ~4~ 06/DD10 CITY OF ASPEN By: ~ --3- A :7. !?...c-.- ,~.76 -- (. GRANT OF TRAIL EASEMENT . Exhibit 3 A'. \1. 1\, "'< THIS GRANT OF TRAIL EASEMENT is made and entered Into this ,19_,byandbetween RAE MARASCO (hereinafter referred to as "Grantor"), and the City of Aspen, Colorado (hereinafter referred to as "Grantee"), day of WIT N E SSE T H: WHEREAS, Grantor is the owner of the following described real property located in Pitkin County, Colorado, to wit: See Exhibit B attached hereto and incorporated herein by this reference, and, WHEREAS, Grantor is desirous of granting to Grantee a certain perpetual trail easement ttld right-of-way over and across said real property under the terms and conditions hereinafter 'z" ecified; and WHEREAS, Grantee is desiro\ls of accepting said trail easement and right-of-way. NOW, THEREFORE, for and in consideration of the sum of Tell Dollars ($10.00) and . ,other good and valuable consideration, the receipt and sufficiency of 'which are hereby acknowledged, Grantor hereby grants and conveys to Grantee, its successor and assigns, for the benefit of the general public. a perpetuaJ trail easement and right-of-way described in Exhibit "A" attached hereto and by this reference incorporated herein. THE ABOVE GRANTED TRAIL EASEMENT and right-of-way is subject to the following terms, agreements and reservations: 1. The tmil casement shall be for the installation, construction, operation, use, inspection, repair and maintenance: of a trail suitable for bicyclists, pedestrians, cross country skiers, and for other similar re<.:reatiollal purposes, over and across Grantor's property ill the location and manner set forth in Exhibit" A" hereto. To this end the grant and conveyance includes a grant of rights and privileges necessary or incident to the reasonable and proper use as described above of the casement in and to, upon, over, under and across the Grantor's property. t. -- . ' . .. ", . Stale of Colorado ) ) 55. , enlY of Pitkin ) The foregoing instrument was acknowledged before me this _ day of . 19_. by the ,above named Grantor(s).' ' ! ~ '1.' ~,\,; '.L':.I" ",:. ", '.I " ,'. ;, " . '," ;i\ ~~ WITNESS MY HAND AND OFFICIAL SEAL. .' ';", My commission expires; . Notary Public Address The foregoing Grant of Trail Easement is hereby accepted and approved, for the benefit of the general public this day of , i9_. CiTY OF ASPEN ~-.. '~. A TrEST: 01. fi r 7. i~_.- By; , , "a" ~l \\" - , . ,"." , eJ .., 2. The rights and privileges granted by this easement are subject to prior agreements, t_ernents, and conveyances recorded, or unrecorded. Grantor represents that it has 110 ~wledge of any recorded or unrecorded agreements, easements or conveyances with respect to such property which would preclude Grantee from using the property for a trail. as contemplated herein. 3, Grantee agrees to use reasonable care in construction of improvements within the area of the casement, and agrees to avoid damage to the surrounding land and improvements thereto, and further agrecs to restore sllch land and improvements to their condition immediately prior to any construction, Improvements or repairs to the trail. 4. It is the intention of the parties to make the land available to the public for recreational purposes without charge, and to limit the parties' liability to persons entering thereon for such purposes. In the event that either or both of the parties might otherwise be liable under applicable state statutes, Grantee hereby agrees, to the extent permilled by law, to indemnify and hold Grantor harmless from and against claims or awards for loss, damage or any liability including reasonable attorneys' fees and costs, which may result from Grantee's acts or omissions covering and including, but not by wa}' of limitation, installation, excavation, fill, construction, maintenance, repair, replacement, public use or location of the trail or attendant facilities, as subsequently determincd by a court of competent jurisdiction. Nothing herein shall constitute a waiver of Grantee's rights as provided in Section 24-10.101, 11 gg" C.R.S. '_i',. ({l \;'" IN WITNESS WHEREOF, the parties hereto have execut,ed the foregoing on the day and year above first given. RAE MARA$CO Grantor ~ . ~ By: '.; l~:'..' , \1, . , 2 ". (%'" \'0,. ,a. \\. ~~.'_. '0'. ,\, '"'-- . . EXHIBIT A Map to be prepared and attached. 13/DD6 , fl'.'. .. 0,... "'.'.It.. h'i' ~" tillt. "<<', It: \, '\i, ---- ," . . EXHIBIT B A parcel of land within Block 25 of the East Aspen Addition to the City and Townsite of Aspen, Pitkin County, Colorado, described as the east 12 feet of Lot B, all of Lot C, and the west 3 feet of Lot 0, together with an adjacent parcel of land described as follows: Beginning at a point 12 feet west of the northeast corner of Lot L, thence northerly to Lot B, thence easterly to the southeast corner of Lot E, thence southerly to the northeast corner of Lot 0, thence westerly to the place of beginning, comprising 2,250 square feet, more or less. , 13/006 -. If I'" \'.. '~~ e".!.' \1 ~ \~ "...*.'._' ~t '~'" ,., Reception No. Recorder. AIM DEED p THIS DEED, Made this day of helween the City of Aspen, a corporation, ,19 Colorado municipal of the "'County of Pitkin and State of Colorado. granlor(s), and Rae Marasco, her successors and assign , whose legal address is of the County of and State of Colorado, granlee(s), WITNESSETH, Thai the grantor(s), for and in consideration of the sum of Ten Dollars and other good and valuable consideration-----------------------------------------~ the receipl and sufficiency of which is hereby acknowledged, ha S remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do es remise, release, sell, convey and QUIT CLAIM unto the grantee(s). her heirs, successors and assigns. forever. all the right. title. interest, claim and demand which the grantor(s) ha s in and to the real property, together with improvements, if nny. situate, lying and being in the County of Pitkin and State of Colorado. described as Follows: See Exhibit A attached hereto and incorporated herein by this reference. ~ '1Y"\ L' ^\,,-~ .. ..,...... 'T'....... ....... ~ .. ~ . , ' /.' "" I. .', :", :~, EXHIBIT .. 'r " ::";~~:!"I;'E,':Y;..;.~f" ' " " "', A', . ,I '1( f .( '...',. A parc~l of land witJ:in,'BloC?,k 2.5 of Ith~ .East Aspen Addition ,to IV-he C~ty and Towns~,:te '/;of 'Aspen, P~tfin" County, Colorado, \ escribed as the eastJ12 'feet of Lot B, all of Lot C, and the ' west 3 feet of Lot D, : together" with an adjacent parcel ,of land described as follows: Beginning at'a point 12 feet west of the northeast corner of Lot L, thence northerly to Lot B, thence easterly to the southeast corner of Lot E, thence southerly to the northeast corner of Lot 0, thence westerly to the ~lace of beginning, comprising 2,250 square feet, ~ore or less. \ . """ . I 'II" ~ I' 1 ~ . J' . " . '.' ,. I J..': , : . . J,' " ~ \ ~ , , (. I, ~ . ~ ; ~ ~.1 , ' '.- .~ " J' t;" 'i' .. . " ; I . . , .' ,.. j d!...'_ f$l 4t '~< .. ~ .. ."". 'it A~ (i,~ . , 13/006 ." I, I," , (. ........ .""' '! .,. ," -' ~, . fit 'e" G\,... ~1 ',\ iA. '. :rr MEMORANDUM TO: Mayor and City Council \ I Amy Margerum, City Manager ~~v' Robert F. Gish, Public Works Director THROUGH: rw1f FROM: DATE: April 8, 1992 RE: RESOLUTION IN SUPPORT OF THE ASPEN REAL-TIME RURAL IVHS (INTEllIGENT VElllCLE lllGHWAY SYSTEM) GRANT APPLICATION ----------------------------------------------- ----------------------------------------------- Attached is a copy of a proposed resolution and grant application which, if adopted would endorse a joint application with Pitkin County, RFT A, Town of Snowmass Village, the City of Aspen and the CDOT to develop and implement Intelligent Vehicle Highway Technology improvements in the upper Roaring Fork Valley. This resolution will appear on your April 27, 1992 Consent Agenda. This is not a four laning related issue. Staff from Pitkin County, RFTA, City of Aspen, and Town of Snowmass Village have been working jointly over the last several months with representatives from CDOT and jts consultant, Castle Rock, to develop a grant proposal to develop and implement Intelligent Vehicle Highway Systems technology Improvements in the upper Roaring Fork Valley. A key element of the proposal is the development of a comprehensive digital paging communications network in the upper Highway 82 corridor. The network will substantially integrate, supplement, and improve the existing mobile radio communications in the vall~y. The digital network will provide an on-line interactive means to provide a variety of traffic management information: * Traffic condition reports. * Incident reports. " Weather conditions and forecasts. * Parking advisories. " Transit service details. * Tourist information. -e. &i. Il"" \!a.... ''II' 4.1.It,.". \~~ \,<, Mayor and City Council i\rny 11argerum April 8, 1992 Page Two Other applications include: * Highway condition monitoring (through remote pavement sensors). * Coordination of incident response. * Variable message signs. * Coordination of existing traffic signals via interconnects. * Bus stop displays. * Transit communications * Taxicab dispatching. * Public information systems. The recently enacted Federal Intermodal Surface Transportation Efficiency Act (ISTEA) provides funding for development and implementation of IVHS technology. The Roaring Fork valley provides an excellent area for a demonstration project. First, IVHS offers the potential to promote environmentally sensitive traffic operations and management, balancing multimodal mobility needs with protection the valley's natural beauty. Second, IVHS technologies can assist in mitigating the effects of proposed highway construction, as well as supporting safe and efficient use of State Highway 82 following completion of widening activities. More broadly, the ARRIVE initiative will be the first U.S. example of a rural IVHS demonstration, helping to fill a significant gap in the current national program. The project will complement urban efforts nationwide and will provide a major stimulus for the further application of IVHS technologies to rural areas. The grant proposal assumes funding of $2.2 million. We have been assured that no local "cash" match will be required and language to this effect is incorporated in the Resolution. The City will commit existing staff resources (personnel) to work with FHW A, CDOT, and Castle Rock Consultants to develop and implement the grant proposal in conjunction with Council's Transportation Goals.