HomeMy WebLinkAboutresolution.council.071-95
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RESOLUTION No.~l
Series of 1995
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A SETTLEMENT STIPULATION IN THE MATTER OF STANLEY ,E.
LAURISKI. ET AL. V RUTH C BISEL. ET AL., CIVIL ACTION NO. 93CV
259-3, IN THE DISTRICT COURT OF PITKIN COUNTY, COLORADO, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID SETTLEMENT STIPULATION
ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a
Settlement stipulation in the matter of stanley E. Lauriski. et al.
v Ruth C. Bisel. et al., civil Action No. 93 CV 259-3, District
Court for Pitkin County, Colorado, a true and accurate copy of
which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
That the City Council of the City of Aspen hereby approyes
that Settlement Stipulation, and does hereby authorize the City
Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED,
READ AND ADOPTED
;{3,.dl day of
by the City Council
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of the City
of Aspen on the
, 1995.
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John 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.
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Kat ryn S. Koch, city Clerk
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DISTRICT COURT, COUNTY OF PITKIN, STATE OF COLORADO
Case No.
93 CV 259-3
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SETTLEMENT STIPULATION
STANLEY E. LAURISKI, a/k/a STANLEY E. LAURESKI, AND ROSE MARIE
LAURISKI, a/k/a ROSE MARIE LAURESKI,
Plaintiffs,
v.
RUTH C. BISEL; RUTH BISEL; WILLIAM H. LOUGHRAN; CITY OF ASPEN,
COLORADO; COUNTY OF PITKIN, COLORADO; and all unknown persons who
claim any interest in the subject matter of this action,
Defendants.
Plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski,
and Rose Marie Lauriski, a/k/a Rose Marie Laureski; and defendant,
the City of Aspen, a municipal corporation, including John Bennett
and his successors in office, as Mayor of the City of Aspen, and
defendant, the County of Pitkin, Colorado, hereby stipulate as
follows:
WHEREAS, the parties hereto comprise and constitute all of the
known parties to this action; and
WHEREAS, the City of Aspen, asserts ownership of a portion of
the real property described in the complaint; and
WHEREAS, the City of Aspen and the County of Pitkin, are
satisfied that Plaintiffs have a valid claim of ownership of a
portion of the real property described in the complaint, by reason
of previous deeds of conveyance and adverse possession for a period
in excess of eighteen (18) years pursuant to Section 38-41-101(1)
of the Colorado Revised Statutes; and
WHEREAS, the parties hereto mutually desire to settle this
action in the manner hereinafter set forth, and such settlement has
been approved and authorized by resolution of the City Council of
the City of Aspen, Colorado, at a meeting thereof duly called and
held on , 1995, and the Board of COUl'tty Commissioners
of pitkin County, Colorado, at a meeting ther80f duly called and
held on , 1995.
NOW, THEREFORE, plaintiffs, Stanley E. Lauriski, a/k/a Stanley
E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski,
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and defendants, the City of Aspen and the County of Pitkin, by
their respective attorneys, stipulate and agree as follows:
1. The title to the real property described in the attached
Exhibit A, which property is a part of the property described in
the complaint, may be quieted in plaintiffs, Stanley E. Lauriski,
a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose
Marie Laureski.
2. For purposes of any future application by plaintiffs or
their successors for a development order, as defined in Section 3-
101 of Chapter 24 of the Municipal Code of the City of Aspen as
such section exists at the time of this stipulation and as may be
amended in the future, the property described in Exhibit A shall be
deemed to have an area of 22,882 square feet.
3. Title to the real property described in the attached
Exhibit B, which property is a part of the property described in
the complaint, may be quieted in the City of AspeD subject to the
non-exclusive reserved right of plaintiffs, Stanley E. Lauriski,
a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose
Marie Laureski, and their successors in interest, to use, occupy,
and enjoy said property except to the extent that the City of
Aspen shall undertake construction of a public roadway, sidewalk,
underground utilities or underground drainage facilities or other
public improvements.
4. Title to the real property described in the attached
Exhibit C, which property is a part of the property described in
the complaint, may be quieted in the City of Aspen.
5. All parties hereto shall bear their own costs, expenses,
and attorneys' fees in this action.
6. Pursuant to the foregoing, a decree quieting title in the
form attached hereto as Exhibit D may be entered by the Court.
Dated this ___ day of
, 1995.
TAD DUNE & GUEST
THE CITY OF ASPEN
Paul J. Taddune, #10824
323 West Main Street
Aspen, Colorado 81611
(970) 925-9190
John P. Worcester, #20610
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5055
Attorneys for Plaintiffs
Attorney for City of Aspen
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Sandra M. Stuller, #0509
106 South Mill Street, #202
Aspen, Colorado 81611
(970) 920-1018
John M. Ely, #14067
Attorney for the County of
pitkin
530 E. Main Street
Aspen, Colorado 81611
(970) 920-5190