HomeMy WebLinkAboutresolution.council.061-94
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RESOLUTION NO. 0/
Series of 1994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
CONVEYING A WATER LINE EASEMENT AND ACCEPTING THE CONVEYANCE OF
A SUBSTITUTE EASEMENT.
WHEREAS, The City of Aspen owns a permanent water line easement across certain real
property, more particularly described in the attached Water Line Easement Relocation
Agreement, a true and correct copy of which is attached hereto and incorporated herein by this
reference and hereinafter referred to as the "Relocation Agreement"; and,
WHEREAS, the City and the owners of the real property over which the City's water
line easement wish to relocate said easement to accommodate their mutual interests; and,
WHEREAS, the Relocation Agreement has been reviewed by the Water Department and
found to accurately describe the location of the water line easement which the City desires to
obtain;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
1. The City Manager, on behalf of the City, is authorized to execute the Relocation
Agreement in the form attached and to take such other and further steps as may be necessary
or appropriate to accomplish the purposes set forth in the Relocation Agreement
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the /I day of h-- , 1994.
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ohn S. Bennett, Mayor
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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.
J;j~ ) ~~
Kath~och, City Clerk
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8-756 P-633 07/27/94 09:21A PG 6
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SILVIA
8-756
DAVIS
WATER LINE EASEMENT pRT .llC'ATION AGREEMENT
P-6?8 07/27/94 09:21A PG 1 OF_6
, ~ F'I Tf< I N COUNTY CLEf;:f':: g, RECORDER
REC
30.00
DOC
(It THIS WATER LINE EASEMENT RELOC.ATION AGREEMENT is entered
. between David M. Robinson and Valerie R. Robinson ("OWners") and
the City of Aspen, Colorado ("City").
This Agreement is made with reference to the following facts.
A. Owners own the property commonly known as 726 Red
Mountain Road, Aspen, Colorado, and more fully described in that
General Warranty Deed recorded in Book 728 at Page 876 of the
Pitkin County records (the "Property").
B. Owners' predecessors in title granted a Permanent
Easement recorded in Book 228 at Page 266 and a Permanent Easement
recorded in Book 229 at Page as of the Pitkin County records for
the purpose of constructing, maintaining and using a water main
transmission line across the Property for the benefit of the City.
The City has a water main transmission line across the Property;
however, such water transmission line is not located within the
Permanent Easement previously granted to the City.
C.. Owners and the City desire to relocate the easement
by Owners' granting the City a new easement and by the City's
relinquishing the existing easement.
I~
In consideration of the mutual benefits contained herein, the
~rties agree as follows.
1. Owners hereby grant the City an easement for the
purpose of constructing, maintaining and using a water main
transmission line across the. Property ten feet on each side of the
center line described on Exhibit A attached hereto. The City
acknowledges the easement granted hereby is limited by the
boundaries of the Property and, as a result, the easement is not
ten feet on both sides of the center line in all places.
2. The City hereby relinquishes <!.ll righ"ts or interests
in the Permanent Easements granted to the City for the purpose of
constructing, maintaining and using a water transmission line as
set forth in the Pitkin County records in Book 228 at Page 266 and
in Book 229 at Page ... ~RS 1 .
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372491
8-756 P-629 07/27/94 09:21A PG 2
OF 6
ASP!N SURVEY ENGINEERS, INC.
210 s~w~ OA~E~A STREE~
P.O. BOX 2506
ASPEN, COLO~o .81611
PHONE/FAX (303) 925-3816
WATER LINE EASEMENT
A S~R!P OF LAND OF VARYING WIDTHS SITOA7~D I~ A PARCE~ OF LAND AS
nESCRraED IN BOOK 728 AT PAGE 877, PITKIN COUl-."I''{ RECORDS LOCATED :m
S~CT:ON 7, TOWNSnIP:O SOUTH, ~~OE 84 tqF,ST OF THE 6tr. ~.M., PITXIN
cot1Nry CO~ORADa , CENTER~!NE OESCR:BED AS ~OLLOWS:
aEGI~rnING AT A POINT ON THE SOUTH BOUNDARY OF SAI~ ?ARCEL WHENCE
n:~ S'!'ONE CORNER NO. 14 OF THE BROm: >'LACER !"I.5. NO. 150n BEARS
s 09Q42'l.6"E 872.36 FEET;
THENCE N 5P26'06"E 40.00 FEl':T (20 FOOT EACH SIDE);
THENCE N SlG26'06"E 64.72 FEET (10 FOOT EACH SIDE):
':'HENCS: N 3S.06'12"E 99.H PE:ET (:0 FOOT EACH SIDE):
':HENCE; S 84~4~'55"E:36.42 FEET (10 FOO':' EACH SIDEl MORE QR LESS TO.
TH~ NC:aTl~ BO~DARY OF SAID DESCRIBED PARCEL OF L,ANe.
i'RE?AREi:l 13Y:
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i'EARINGS ARE O:O:OCE'I'!C BASED ON (]. I . S. MONUMENTS NO. D.:.! AND III
S 06032' 56"E. TIE FROM ?a.n. TO 9AI:J MOl-;UM1~-''lT lJ.2 IS S 10G42'13"E
4996.13 FeET..
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8-756 P-630 07/27/94 09:21A PG 3
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372491
8-756 P-631 07/27/94 09:21A PG 4
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e(.. Attest: (t.~ .
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'. City Cler
CITY OF ASPEN
94 5: (~-
STATE OF Qo(oro.. clo
COUNTY OF -y, i-k i N
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Acknowledged before me J t.vM. a..;;t..
Robinson and Valerie R. Robinson.
,
1994"
by
David M.
My commission expires'
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W~tneBB my hand and official seal.
STATE OF COLORADO
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1994, by ~-~
COUNTY OF PITKIN
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Acknowledged before me "z5~,
, City of Aspen.
My commission expires ,;;0 /;ryi /q5
Witness my hand and
official seal.
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Nota. Public
by ,~)L
f~_knowledged before me y. ~~ , 1994,
~ , City Clerk; Ci of Aspen.
, My commission expires ,;;f //i1 /CJb
Witness my hand and official^seal.
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Not Public
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