HomeMy WebLinkAboutresolution.council.024-05RESOLUTION # °~
(Series of 2005)
A RESOLUTION APPROVING CONVEYANCE (BY QUIT CLAIM DEED) OF
STRUCTURES IN THE CITY OF ASPEN'S PORTION OF THE WILLOW CREEK DITCH
AND HERRICK DITCH TO THE WILLOW CREEK DITCH AND HERRICK DITCH
COMPANY, SETTING FORTH THE TERMS AND CONDITIONS OF SAID QUIT CLAIM
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAD QUIT CLAIM DEED
WHEREAS, there has been submitted to the City Council a proposed Quit Claim Deed
between the City of Aspen, Colorado, and Willow Creek Ditch and Herrick Ditch Company, a
copy of which is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves the Quit Claim Deed
between the City of Aspen, Colorado, and Willow Creek Ditch and Herrick Ditch Company, that
conveys the City's interest in the structures of the Willow Creek Ditch and the Herrick Ditch to
the Willow Creek Ditch and Herriek Ditch Company, a copy of which Quit Claim Deed is
annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City
of Aspen to ex~e~cute said Quit Claim Deed on behalf of the City of Aspen.
Dated:
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that ~solution gdopted by the City Council of the City of Aspen,
Colorado, at a meeting held~J~_~ ~%~- 2r~_~---
~/,~ity ;lerk~
QUITCLAIM DEED
THIS DEED, made this ~day of _~0~:~'lg--. 2005 between the City of Aspen,
County of Pitkin and State of Colorado, Grantor; and Willow Creek Ditch and Herrick Ditch
Company, A Colorado Non-profit Corporation, whose legal address is c/o Patrick, Miller & Kropf,
P.C., 730 E. Durant St., Suite 200, Aspen, CO, 81611, Grantee,
WITNESSETH, That the Grantor, for and in consideration of proportionate shares of stock in
the Willow Creek Ditch and Herrick Ditch Company and the sum often dollars and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised,
released, sold, conveyed and QUITCLAIMED, and by these presents do remise, release, sell, convey
and QUITCLAIM unto the Grantee, successors and assigns, forever, all the right, title, interest, claim
and demand which the Grantor have in and to the real property, together with improvements, if any,
situate, ly/ng and being in the County of Pitkin and State of Colorado, described as follows:
~Villow Creek Ditch and Herrick Ditch Company ditch structure, right of way and
easement, together with any and all appurtenances and appurtenant rights, reserving
however, the right to require reconveyance by quit claim deed of such interests and
rights upon surrender of all stock and withdrawal from the Company in accordance
with the Articles of Incorporation and By-Laws of the Company.
Reserving unto Grantor, all rights, title, and interest which they have in and to the water
rights carried in the structures conveyed by this Deed.
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(s), either in law or equity, to the only proper use,
benefit and behoof of the grantee, its successors and assigns forever.
IN WITNESS WHEREOF, The Grantor has executed this deed on the date set forth above.
STATE OF COLORADO )
) SS.
COUNTY OF )
Subscribed and sworn to before me this
__ day of
2005 by
Witness my hand and official seal.
My Commission expires:
Notary Public
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