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HomeMy WebLinkAboutresolution.council.032-94 RESOLUTION NO. ~ (Series of 1994) A RESOLUTION APPROVING A MAYOR'S DEED BETWEEN THE CITY OF ASPEN, COLORADO, AND THE SUE W. HALL TRUST DATED 8/5, 1992, AND AUTHO- RIZING THE MAYOR TO EXECUTE SAID MAYOR'S DEED ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a request for a Mayor's Deed from the City of Aspen to The Sue W. Hall Trust dated 8/5, 1992, a copy of which deed 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 that Mayor's Deed between the City of Aspen and The Sue W. Hall Trust dated 8/5, 1992, and does hereby authorize the Mayor of the City of Aspen to execute said deed on behalf of the City of Aspen. /~,ESOLVED, APPROVED AND ADOPTED this ~--- day of ~ , 1994, by the City Council for the City of Aspen, Colorado. ~S. Bi'an~ [~' ~ John nett, 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 1994. jw419.1 Kathryn S/~6ch/City Clerk QUIT CLAIM DEED THIS DEED made this ~ day of , in thei year of our Lord one thousand nine hundred~and ninety four, between the MAYOR OF THE CITY OF ASPEN, John S. Bennett, and the CITY OF ASPEN, acting by and through its Mayor, John S. Bennett, of the County of Pitkin, State of Colorado, of the first partiand The Sue W. Hall Trust dated 8/5, 1992, of the County of Pitkin and State of Colorado of the second part, WITNESSETH WHEREAS, on the 2nd day of June, A.D. 1881, J. W. Deane, County Judge of Pitkin County, State of Colorado, made Townsite Cash Entry No. 647, in the United States Land office at Lead- ville, Colorado, for the Townsite of Aspen, situate in said County and State, in trust for the occupants of said Townsite according to their respective interests under the provisions of the Act of Congress on the 2nd day of March, A.D. 1867, entitled "An Act for the Relief of the Inhabitants of cities and Towns, upon the Public Lands", WHEREAS, on the 3rd day of March, one thousand eight hundred and eighty-five, patent did issue for said Townsite to said J.W. Deane in trust as aforesaid, his successors and assigns, describ- ing the land within said Townsite in accordance with the survey thereof made by B. Clark Wheeler and approved by the U. S. Surveyor General of' Colorado, on the 24th day of April, A.D. 1880, WHEREAS, said patent has been revoked and cancelled by consent of the corporate authorities of said Town of Aspen, because of the fact that said survey made by B. Clark Wheeler as aforesaid, by reason of errors therein, failed to correctly describe said Townsite, WHEREAS, on the 29th day of January, D. A. 1897, a patent did issue for said Townsite to the Mayor of the Incorporated Town of Aspen and to its successors and assigns in trust for the occupants of said Townsite in accordance with their respective interests, and said patent having been issued in conformity w~th the Acts of Congress for such cases made and provided, WHEREAS, John S. Bennett, MAYOR OF THE CITY OF ASPEN, is successor in office to the Mayor of the incorporated Town of Aspen, and whereas the city of Aspen is successor in interest to the incorporated Town of Aspen, WHEREAS, the second party has submitted proof to the Mayor of Aspen, sufficient to establish her right to a Deed of veyance from the Mayor of Aspen to the lot or parcel of land described below granting unto the second party said land for ithe purpose of clearing the title thereto. NOW, THEREFORE, the said first parties, for and in con- sideration of the sum of ONE DOLLAR to the first parties in hand paid by the second party, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and quit- claimed and by these presents doth remise, released sell, convey and quit-claim to the said second party, its successors and assigns forever all the right, title, interest, claim and demand which the said first parties have in and to the following de- scribed parcel of land situate, lying and being in the County of Pitkin and State of Colorado, to-wit: Lots R and S, Block 29, city and Townsite of Aspen TO HAVE AND TO HOLD the same, together with all and sin- gular, the appurtenances and privileges thereunto belonging, or in anywise thereunder appertaining, and all the estate, right,i title, interest and claim whatsoever of the first parties, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, its successors and assigns forever. IN WITNESS WHEREOF, the said Mayor has hereunto set his hand and seal and the city of Aspen has caused its name to be hereunto affixed, attested by its Clerk, the day and year above first written. John S. Bennett Mayor of Aspen ATTEST: Kathryn ~/./Koch, Cl y STATE OF COLORADO ) County of Pitkin ) The foregoing ~nstrument was acknowledged before me this ~ day of ~?~1~ , 1994, by John S~ Bennett, Mayor of Aspen. My commission expires: Not~r~ Public STATE OF COLORADO ) Count; of P/~kin ) u~~ in and'for s~__~ Pitkin co n y, ' State aforesaid, do hereby certify that~Rohn S. Bennett and Kathryn S. Koch, who are persOn- ally know to me to be the same persons whose names are subscribed to the foregoing Deed as having executed the same respectivelylas Mayor and Clerk of the City of Aspen, a municipal corporation, and are known to me to be such officers respectively appeared before me this day in person and severally acknowledged: that the seal affixed to the foregoing instrument is the corporate sealiof said corporation; that said seal was thereunto affixed by the authority of the City Council for the city of Aspen; that said instrument was by the authority subscribed with its corporate name, that said John S. Bennett is the Mayor and said Kathryn S. Koch is the Clerk of the City of Aspen; that by the authority of said City they respectively subscribed their names thereto as Mayor and Clerk and that they signed, sealed and delivered the said instrument of writih~ as their free and voluntary act and! deed, and as the free and voluntary act and deed of the said City for the uses and purposes therein set forth.  n under my hand and notarial seal, this ~ day of , 1994. My commission expires: Notar~Public hall.418 3